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HomeMy WebLinkAboutMN-CC-1995-10-09October 9, 1995 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting7:30 p.m. October 9, 1995 PRESENT: Mayor Nichols Alderpersons (8) - Shenk, Mackesey, Efroymson, Schroeder, Thorpe, Gray, Booth, Johnson ABSENT: Alderperson Hanna Alderperson Sams OTHERS PRESENT: City Attorney - Guttman City Clerk - Conley Holcomb Fire Chief - Wilbur PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. SPECIAL ORDER OF BUSINESS: Memorandum of Understanding with Cornell University By Alderperson Booth: Seconded by Alderperson Efroymson WHEREAS, as the result of productive negotiations between the City of Ithaca and Cornell University, a proposed Memorandum of Understanding has been drafted, and WHEREAS, President Hunter R. Rawlings, III, on October 5, 1995, at a public press conference in City Hall, initialed this proposed Memorandum of Understanding and announced that he would recommend to the Cornell University Board of Trustees that they approve this Memorandum of Understanding, and WHEREAS, the successful future of the City and Cornell University are inextricably entwined, and WHEREAS, it is in the best interest of the City to have a constructive, cooperative relationship with Cornell University, and WHEREAS, Cornell University has assured the City of its intention not to reduce services it presently provides such as public safety, emergency response, etc., and WHEREAS, Cornell University will be making significantly increased voluntary contributions to the City in recognition of the fire and many other services provided by the City, and WHEREAS, Cornell University has acknowledged that a stable local government, a strong economic environment, a high-quality educational, cultural and social environment, a safe and secure community are all essential to the continued success of the University and that the University wishes to enter into a long- term written Memorandum of Understanding with the City, and WHEREAS, it is in the best interest of the City of Ithaca to enter into the attached long term Memorandum of Understanding with Cornell University; now, therefore, be it RESOLVED, That the Mayor is hereby authorized, on behalf of the City of Ithaca, to sign the attached Memorandum of Understanding with Cornell University. October 9, 1995 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ITHACA AND CORNELL UNIVERSITY October 5, 1995 PREAMBLE This Memorandum of Understanding is entered into by the parties in mutual recognition that their futures are inextricably entwined. Cornell University and the community that now comprises the City of Ithaca have had a deep and on-going relationship for more than 130 years. Each depends upon and draws upon the strength of the other. The City and its neighboring municipal jurisdictions have provided a physical and social environment in which the University has flourished; the University, in turn, has been the principal economic and cultural force in the community. As is true with many long-term relationships, the intensity and quality of the interaction between the City and the University have varied over time. Both parties have faced, and continue to face, significant fiscal and regulatory pressures from the outside, particularly from the state and federal governments. Both parties are similarly affected by changes in local economy and beyond. These pressures make it all the more important that both parties understand and accommodate their respective interests in furtherance of the common good of the entire community. This Memorandum of Understanding represents a determination on the part of the City and the University to pursue this objective and to build upon previous and existing agreements in a spirit of partnership, friendship and cooperation. It reflects our conviction that cultivating this spirit is essential for a productive and mutually supportive future. The City of Ithaca recognizes that Cornell's ability to succeed as a leading national research university is essential for the long-term economic and social health of the City and its residents. Without question, the presence of Cornell enhances in many ways the quality of life in the City and in all of Tompkins County. Cornell faculty, students, and staff provide thousands of hours of voluntary services each year to various community and social service agencies in the City. As the largest employer in the City of Ithaca and in the county, Cornell's students, faculty, and staff contribute to the area's economic vitality; their local expenditures constitute a significant share of the sales tax revenue generated in the City and in Tompkins County, and the thousands of visitors attracted to our local community by virtue of the presence of the University make a like contribution. The capital construction and renovation programs of the University similarly play a major role in the enhancement of the local economy, with the prospect of tens of millions of dollars being spent locally over the next decade. The civic life of the community also has been enhanced through the participation of many University faculty and staff on City boards and commissions, and indeed on Common Council, as well as through the provision of continuing ad hoc advice and consultative services to this and other municipalities. While there are undoubted economic benefits to the community from the presence of the University, Cornell recognizes that its presence also creates demands in the community for municipal services, particularly in the area of fire protection. Cornell was among the first universities in the nation to make voluntary payments to its local municipality in support of public services, and it remains committed to doing so within the availability of its financial resources. OBJECTIVES October 9, 1995 In furtherance of the partnership desired by the City and the University, both parties agree to pursue the following objectives: 1. A stable local governmental and economic environment that contributes to Cornell's ability to succeed as a leading national research university. 2. A common understanding that the University is a dynamic and vibrant institution, whose instructional, research, and outreach missions will invariably change over time, requiring appropriate adjustments in the physical and operational characteristics of the campus. 3. A mutual recognition that restrictions on the University's ability to make appropriate adjustments in the physical and operational characteristics of the campus will inevitably place significant limits on the University's capacity to compete effectively in the national and international higher education marketplace and to provide economic, cultural, and financial support to the surrounding community. 4. A governmental environment that supports intelligent economic development initiatives, not only in the City but throughout Tompkins County, with the goal of encouraging the growth and diversity of local business and industry, thereby stimulating the expansion of local job opportunities and the sales and real estate tax bases. 5. A high-quality educational, cultural and social environment that seeks to meet the legitimate needs of the entire community, particularly its children and youth, and that constitutes an indispensable ingredient for the successful recruitment and retention of the University's faculty and staff. 6. A safe and secure community in which municipal fire and police services complement and support related activities already provided by the University itself and in which members of the University community respect the rights and legitimate expectations of their neighbors. 7. The continued development of carefully coordinated joint planning between the University and surrounding units of local government, typified by the nationally-recognized public transit activities that resulted from such endeavors in the recent past. 8. Recognition that the University's most important asset is intellectual, and that the application of faculty, student, and staff expertise to the resolution of municipal and community problems constitutes contributions of significant value. UNDERTAKINGS To secure these objectives, the City of Ithaca and Cornell University agree to the following provisions, both singly and jointly as the case may be: 1. The City of Ithaca and Cornell University pledge to conduct their affairs in a spirit of mutual recognition and support. 2. Not later than January 15, 1996, the University and the City will jointly appoint a Cornell-City of Ithaca permanent working group, comprising no fewer than two executive officers of the University and the heads of those operational units of the University that interact most frequently with City departments and agencies, two members of the City of Ithaca Common Council, and a comparable number and level of City personnel. a. The permanent working group will meet on a regular basis, and at least quarterly, with the goal of analyzing issues of common concern and making specific proposals for consideration by the respective decision-making bodies of the City and the University. October 9, 1995 b. The subject matter for consideration by the permanent working group will include, but not be limited to, the provision of municipal fire and police services, public transit opportunities, the availability of affordable housing and its relationship to the presence of on-campus housing, the role of University community service programs, the availability of University facilities and programs to members of the public, the respective roles of the City and the University in the regulation of traffic and parking and in the maintenance and renovation of the surrounding infrastructure, and matters of common concern affecting zoning, land use, and the environment. 3. The City of Ithaca pledges its determination to review University applications for building permits and other municipal authorizations in a professional, expeditious, and cost-conscious manner, consistent with applicable federal, state, and local law, and in a manner consistent with the mutual objectives delineated in this Memorandum of Understanding. 4. The University agrees to continue its present commitment to exercise its purchasing power, to the extent practicable, to support the local economy. 5. The University will encourage and facilitate opportunities for members of its student body, faculty and staff to offer their voluntary and professional services to the City to the fullest extent possible. 6. The City of Ithaca acknowledges that in making voluntary monetary, material, and in-kind contributions to local municipalities, school districts, and community organizations, Cornell University neither intends to waive its tax-exempt status afforded by the laws of the State of New York nor to enter into a contractual arrangement for payments in lieu of taxes. The City further agrees that during the life of this Memorandum of Understanding it will take no step to seek a change in that status of the University, whether through judicial, legislative, or other means. The University acknowledges that nothing in this Memorandum of Understanding eliminates the obligations of the City pursuant to federal, state, and local law, including, to the extent required, the provision of normal opportunities for public comment. 7. The University pledges to continue its long-standing commitment PAYMENTS ($000) OTHER YEAR FIRE SERVICES MUNICIPAL SERVICES TOTAL 1995 225 25 250 1996 250 50 300 1997 275 75 350 1998 300 100 400 1999 325 125 450 2000 375 175 550 2001 400 200 600 2002 425 225 650 2003 450 250 700 2004 475 275 750 2005 550 350 900 2006 575 375 950 2007 600 400 1,000 to provide voluntary financial contributions to the City of Ithaca and agrees to support fire protection and other municipal services during the life of this Memorandum of Understanding according to the following schedule: a. In each calendar year, beginning with 1996, the University's contribution pursuant to this schedule shall be made not later than July 15. October 9, 1995 b. In each calendar year, beginning with 1996, the City will report to the University by February 15 on the manner in which it has expended the University's contribution in the prior calendar year and the purposes for which it intends to expend such contribution in the current calendar year. c. These voluntary contributions constitute the total voluntary financial obligation of the University to the City of Ithaca during the period of this Memorandum of Understanding. 8. This Memorandum of Understanding shall take effect immediately upon authorized approval of the respective governing bodies and shall remain in effect through December 31, 2007. Recognizing that the composition of their respective governing bodies (the City of Ithaca Common Council and the Cornell University Board of Trustees) will inevitably change over time, the parties pledge the good faith efforts of their institutions to secure the attainment of these provisions throughout the life of the Memorandum of Understanding. This Memorandum of Understanding is subject to cancellation upon written notice (with stated reasons) not less than six months prior to the start of the calendar year in which the proposed voluntary contribution is to be made. 9. Not later than April 15, 2007, the University and the City each will appoint three senior officials to meet for the purpose of reviewing this Memorandum of Understanding and determining whether and how it should be amended and extended into the calendar year beginning January 1, 2008, and beyond. SIGNATURES In witness hereof, we have affixed our signatures on this fifth day of October, 1995. Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Gray RESOLVED, That the following wording be added to the seventh Whereas Clause after the word "community", "and one in which members of the University community respect the rights and legitimate expectations of their neighbors,". Carried Unanimously (8-0) Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Thorpe RESOLVED, That the final paragraph of the Preamble shall read as follows: [While there are undoubted economic benefits to the community from the presence of the University,] Cornell recognizes that its presence also creates demands in the community for municipal services, particularly in the area of fire protection. The City's police and fire services, its well- maintained streets and bridges, its many youth and recreational programs, its affordable housing initiatives, its extensive park system, and its attractive neighborhoods and civic centers, among other resources, all help to provide the healthy surrounding community environment necessary for Cornell's well-being. Cornell was among the first universities in the nation to make voluntary payments to its local municipality in support of public services, and it remains committed to doing so within the availability of its financial resources. Carried Unanimously (8-0) Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Shenk RESOLVED, That the following words be added to item #4 under the title "Objectives", after the word "purchasing", "and investment". Carried Unanimously (8-0) Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Shenk RESOLVED, That item #6 under the title "Undertakings", shall read as follows: The City of Ithaca acknowledges that in making October 9, 1995 voluntary monetary, material, and in-kind contributions to local municipalities, school districts, and community organizations, Cornell University neither intends to waive its tax-exempt status afforded by the laws of the State of New York nor to enter into a contractual arrangement for payments in lieu of taxes. The City further agrees that during the life of this Memorandum of Understanding it will take no step to seek a change in that status of the University, whether through judicial, legislative, or other means. The University acknowledges that nothing in this Memorandum of Understanding [eliminates] modifies the obligations of the City pursuant to federal, state, and local law [including, to the extent required, the provision of normal opportunities for public comment]. Furthermore, Cornell acknowledges that the City will follow all the procedures specified by its municipal Code, including all normal opportunities for public comment. Carried Unanimously (8-0) Alderperson Schroeder suggested that the chart in item #7 under the title "Undertakings", be moved to the end of the paragraph. No Council member objected. Amending Resolution By Alderperson Mackesey: Seconded by Alderperson Efroymson RESOLVED, That the following words be added to item #1, under the title "Objectives", after the word "university", "and to the City's ability to provide a high quality physical, educational, social, and cultural environment". Carried Unanimously (8-0) Amending Resolution By Alderperson Booth: Seconded by Alderperson Efroymson RESOLVED, That the words "the principal" in the last sentence of the first paragraph, under the title "Preamble", be changed to "a principal". Carried Unanimously (8-0) Amending Resolution By Alderperson Booth: Seconded by Alderperson Efroymson RESOLVED, That the following wording be added to the end of the Resolved clause of the Resolution, ", as modified by Common Council at its special meeting on October 9, 1995." Carried Unanimously (8-0) Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously (8-0) The Resolution and Memorandum of Understanding as Amended reads as follows: WHEREAS, as the result of productive negotiations between the City of Ithaca and Cornell University, a proposed Memorandum of Understanding has been drafted, and WHEREAS, President Hunter R. Rawlings, III, on October 5, 1995, at a public press conference in City Hall, initialed this proposed Memorandum of Understanding and announced that he would recommend to the Cornell University Board of Trustees that they approve this Memorandum of Understanding, and WHEREAS, the successful future of the City and Cornell University are inextricably entwined, and WHEREAS, it is in the best interest of the City to have a constructive, cooperative relationship with Cornell University, and WHEREAS, Cornell University has assured the City of its intention not to reduce services it presently provides such as public safety, emergency response, etc., and October 9, 1995 WHEREAS, Cornell University will be making significantly increased voluntary contributions to the City in recognition of the fire and many other services provided by the City, and WHEREAS, Cornell University has acknowledged that a stable local government, a strong economic environment, a high-quality educational, cultural and social environment, a safe and secure community, and one in which members of the University community respect the rights and legitimate expectations of their neighbors, are all essential to the continued success of the University and that the University wishes to enter into a long- term written Memorandum of Understanding with the City, and WHEREAS, it is in the best interest of the City of Ithaca to enter into the long term Memorandum of Understanding with Cornell University; now, therefore, be it RESOLVED, That the Mayor is hereby authorized, on behalf of the City of Ithaca, to sign the Memorandum of Understanding with Cornell University, as modified by Common Council at its special meeting on October 9, 1995. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ITHACA AND CORNELL UNIVERSITY October 5, 1995 PREAMBLE This Memorandum of Understanding is entered into by the parties in mutual recognition that their futures are inextricably entwined. Cornell University and the community that now comprises the City of Ithaca have had a deep and on-going relationship for more than 130 years. Each depends upon and draws upon the strength of the other. The City and its neighboring municipal jurisdictions have provided a physical and social environment in which the University has flourished; the University, in turn, has been a principal economic and cultural force in the community. As is true with many long-term relationships, the intensity and quality of the interaction between the City and the University have varied over time. Both parties have faced, and continue to face, significant fiscal and regulatory pressures from the outside, particularly from the state and federal governments. Both parties are similarly affected by changes in local economy and beyond. These pressures make it all the more important that both parties understand and accommodate their respective interests in furtherance of the common good of the entire community. This Memorandum of Understanding represents a determination on the part of the City and the University to pursue this objective and to build upon previous and existing agreements in a spirit of partnership, friendship and cooperation. It reflects our conviction that cultivating this spirit is essential for a productive and mutually supportive future. The City of Ithaca recognizes that Cornell's ability to succeed as a leading national research university is essential for the long-term economic and social health of the City and its residents. Without question, the presence of Cornell enhances in many ways the quality of life in the City and in all of Tompkins County. Cornell faculty, students, and staff provide thousands of hours of voluntary services each year to various community and social service agencies in the City. As the largest employer in the City of Ithaca and in the county, Cornell's students, faculty, and staff contribute to the area's economic vitality; their local expenditures constitute a significant share of the October 9, 1995 sales tax revenue generated in the City and in Tompkins County, and the thousands of visitors attracted to our local community by virtue of the presence of the University make a like contribution. The capital construction and renovation programs of the University similarly play a major role in the enhancement of the local economy, with the prospect of tens of millions of dollars being spent locally over the next decade. The civic life of the community also has been enhanced through the participation of many University faculty and staff on City boards and commissions, and indeed on Common Council, as well as through the provision of continuing ad hoc advice and consultative services to this and other municipalities. Cornell recognizes that its presence also creates demands in the community for municipal services, particularly in the area of fire protection. The City's police and fire services, its well- maintained streets and bridges, its many youth and recreational programs, its affordable housing initiatives, its extensive park system, and its attractive neighborhoods and civic centers, among other resources, all help to provide the healthy surrounding community environment necessary for Cornell's well-being. Cornell was among the first universities in the nation to make voluntary payments to its local municipality in support of public services, and it remains committed to doing so within the availability of its financial resources. OBJECTIVES In furtherance of the partnership desired by the City and the University, both parties agree to pursue the following objectives: 1. A stable local governmental and economic environment that contributes to Cornell's ability to succeed as a leading national research university, and to the City's ability to provide a high quality physical, educational, social, and cultural environment. 2. A common understanding that the University is a dynamic and vibrant institution, whose instructional, research, and outreach missions will invariably change over time, requiring appropriate adjustments in the physical and operational characteristics of the campus. 3. A mutual recognition that restrictions on the University's ability to make appropriate adjustments in the physical and operational characteristics of the campus will inevitably place significant limits on the University's capacity to compete effectively in the national and international higher education marketplace and to provide economic, cultural, and financial support to the surrounding community. 4. A governmental environment that supports intelligent economic development initiatives, not only in the City but throughout Tompkins County, with the goal of encouraging the growth and diversity of local business and industry, thereby stimulating the expansion of local job opportunities and the sales and real estate tax bases. 5. A high-quality educational, cultural and social environment that seeks to meet the legitimate needs of the entire community, particularly its children and youth, and that constitutes an indispensable ingredient for the successful recruitment and retention of the University's faculty and staff. 6. A safe and secure community in which municipal fire and police services complement and support related activities already provided by the University itself and in which members of the University community respect the rights and legitimate expectations of their neighbors. 7. The continued development of carefully coordinated joint planning between the University and surrounding units of local October 9, 1995 government, typified by the nationally-recognized public transit activities that resulted from such endeavors in the recent past. 8. Recognition that the University's most important asset is intellectual, and that the application of faculty, student, and staff expertise to the resolution of municipal and community problems constitutes contributions of significant value. UNDERTAKINGS To secure these objectives, the City of Ithaca and Cornell University agree to the following provisions, both singly and jointly as the case may be: 1. The City of Ithaca and Cornell University pledge to conduct their affairs in a spirit of mutual recognition and support. 2. Not later than January 15, 1996, the University and the City will jointly appoint a Cornell-City of Ithaca permanent working group, comprising no fewer than two executive officers of the University and the heads of those operational units of the University that interact most frequently with City departments and agencies, two members of the City of Ithaca Common Council, and a comparable number and level of City personnel. a. The permanent working group will meet on a regular basis, and at least quarterly, with the goal of analyzing issues of common concern and making specific proposals for consideration by the respective decision-making bodies of the City and the University. b. The subject matter for consideration by the permanent working group will include, but not be limited to, the provision of municipal fire and police services, public transit opportunities, the availability of affordable housing and its relationship to the presence of on-campus housing, the role of University community service programs, the availability of University facilities and programs to members of the public, the respective roles of the City and the University in the regulation of traffic and parking and in the maintenance and renovation of the surrounding infrastructure, and matters of common concern affecting zoning, land use, and the environment. 3. The City of Ithaca pledges its determination to review University applications for building permits and other municipal authorizations in a professional, expeditious, and cost-conscious manner, consistent with applicable federal, state, and local law, and in a manner consistent with the mutual objectives delineated in this Memorandum of Understanding. 4. The University agrees to continue its present commitment to exercise its purchasing and investment power, to the extent practicable, to support the local economy. 5. The University will encourage and facilitate opportunities for members of its student body, faculty and staff to offer their voluntary and professional services to the City to the fullest extent possible. 6. The City of Ithaca acknowledges that in making voluntary monetary, material, and in-kind contributions to local municipalities, school districts, and community organizations, Cornell University neither intends to waive its tax-exempt status afforded by the laws of the State of New York nor to enter into a contractual arrangement for payments in lieu of taxes. The City further agrees that during the life of this Memorandum of Understanding it will take no step to seek a change in that status of the University, whether through judicial, legislative, or other means. The University acknowledges that nothing in this Memorandum of Understanding modifies the obligations of the City pursuant to federal, state, and local law. Furthermore, Cornell acknowledges that the City will follow all the procedures October 9, 1995 specified by its municipal Code, including all normal opportunities for public comment. 7. The University pledges to continue its long-standing commitment to provide voluntary financial contributions to the City of Ithaca and agrees to support fire protection and other municipal services during the life of this Memorandum of Understanding according to the following schedule: PAYMENTS ($000) OTHER YEAR FIRE SERVICES MUNICIPAL SERVICES TOTAL 1995 225 25 250 1996 250 50 300 1997 275 75 350 1998 300 100 400 1999 325 125 450 2000 375 175 550 2001 400 200 600 2002 425 225 650 2003 450 250 700 2004 475 275 750 2005 550 350 900 2006 575 375 950 2007 600 400 1,000 a. In each calendar year, beginning with 1996, the University's contribution pursuant to this schedule shall be made not later than July 15. b. In each calendar year, beginning with 1996, the City will report to the University by February 15 on the manner in which it has expended the University's contribution in the prior calendar year and the purposes for which it intends to expend such contribution in the current calendar year. c. These voluntary contributions constitute the total voluntary financial obligation of the University to the City of Ithaca during the period of this Memorandum of Understanding. 8. This Memorandum of Understanding shall take effect immediately upon authorized approval of the respective governing bodies and shall remain in effect through December 31, 2007. Recognizing that the composition of their respective governing bodies (the City of Ithaca Common Council and the Cornell University Board of Trustees) will inevitably change over time, the parties pledge the good faith efforts of their institutions to secure the attainment of these provisions throughout the life of the Memorandum of Understanding. This Memorandum of Understanding is subject to cancellation upon written notice (with stated reasons) not less than six months prior to the start of the calendar year in which the proposed voluntary contribution is to be made. 9. Not later than April 15, 2007, the University and the City each will appoint three senior officials to meet for the purpose of reviewing this Memorandum of Understanding and determining whether and how it should be amended and extended into the calendar year beginning January 1, 2008, and beyond. SIGNATURES In witness hereof, we have affixed our signatures on this fifth day of October, 1995. ADJOURNMENT: On a motion the meeting adjourned at 8:15 p.m. October 9, 1995 Julie Conley Holcomb Benjamin Nichols City Clerk Mayor