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HomeMy WebLinkAbout10-01-14 Common Council Meeting AgedaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, October 1, 2014, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS /AWARDS: 4. SPECIAL ORDER OF BUSINESS: 4.1 Presentation of Annual Employee Recognition Award 4.2 A Public Hearing Regarding the Proposed Assessment Roll, Budget, and Schedule of Work for Each Sidewalk Improvement District for Fiscal Year 2015 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Planning, Building, Zoning and Economic Development Department - Request Funds for Computer Software Development - Resolution 8.2 Planning, Building, Zoning and Economic Development Department Request Funds for Computer Software Development - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Transfer of Property at 320 -324 E. Martin Luther King Jr. /E. State Street to the Ithaca Urban Renewal Agency (IURA) to Undertake an Urban Renewal Project for Development of a 120 -room Hotel - Resolution A. Declaration of Lead Agency for Environmental Review - Resolution B. Determination of Environmental Significance - Resolution C. Transfer of Property - Resolution 9.2 Proposed Policy to Increase the Use of Bicycle and Foot Patrols by the Ithaca Police Department - Resolution 9.3 City Controller Report — 2015 Budget Presentation Common Council Meeting Agenda October 1, 2014 Page 2 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled "Zoning," Article IV, Section 325 -12, in Order to Make Minor Non Substantive Changes Regarding the Common Council Approval Process for Planned Unit Developments (PUDs) 10.2 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled "Zoning ", Section 325 -3, entitled, "Definitions and word usage" to add additional clarifying language to the definitions of "Building ", "Building Area ", and "Structure" A. Declaration of Lead Agency for Environmental Review - Resolution B. Determination of Environmental Significance - Resolution C. Adoption of Ordinance 10.3 Community Investment Incentive Tax Abatement Program (CIITAP) Amendments — Resolution 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 14. MAYOR'S APPOINTMENTS: 14.1 Appointment to Bicycle Pedestrian Advisory Council - Resolution 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 17.1 Proposed Executive Session to Discuss Pending Litigation 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the September 3, 2014 Common Council Meeting Minutes — Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please co act the City Clerk at 274 -6570 at least 48 hours before the meeting. p lie Conley Holco b, WC City Clerk Date: September 25, 2014 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Planning, Building, Zoning and Economic Development Department - Request Funds for Computer Software Development - Resolution WHEREAS, the Planning, Building, and Economic Development Department proposes to develop a computer software program to computerize workflow processes for the Planning, Building, Zoning, and Landmarks Preservation approval procedures, and WHEREAS, the current approval process for developers, contractors, and homeowners is lengthy, intricate, and requires multiple actions from department and the applicant. The need for approval is dependent on a review process that refers the applicant from one division to another. The process leads to multiple applications, submittals, and pertinent information necessary to acquire the approval required to permit the construction of a project, and WHEREAS, the Department has contacted a computer software developer to program the existing Building Division's database to include a web -based Master Application and the computerization of the associated workflow processes for the Planning, Building, Zoning, and Landmarks Preservation approval procedures, and WHEREAS, the cost to implement the developed solution is $30,000 for the custom programming and integration to the existing database, and WHEREAS, part of the 2014 authorized budget, $30,000 was placed in Restricted Contingency for computer software development related to Planning, Building and Economic Development workflow processes; now, therefore be it RESOLVED, That City staff have reviewed the current Planning, Building and Economic Development database software applications and have determined that additional custom programming and applications are necessary to improve the current application workflow process, and be it further RESOLVED, That Common Council hereby authorizes the Controller to transfer an amount not to exceed $30,000 from account A1990 Restricted Contingency to Account A8020 -5435 Planning, Building, Zoning, and Economic Development Department for the purpose of funding the said computer development. CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, New York 14850 -5690 DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development — 607- 274 -6550 Community Development/IURA — 607 -274 -6559 Email: dgrunder @cityofithaca.org Email: Tura @cityofithaca.org Fax: 607 - 274 -6558 Fax: 607 - 274 -6558 MEMORANDUM BACK -UP ITEM 8.1 Date: August 26, 2014 To: Steve Thayer, Comptroller From: Gino Leonardi, Housing and Land Use Supervisor Subject: Resolution to release money in restricted contingencies Background In 2007, the Building Division received monies to develop a computer program to automate the Housing Inspection process. Subsequent software upgrades to the database were implemented that streamlined many processes within the Building Division. The upgrades enhanced the existing database to include building management, inspections, permits, contacts, and invoicing to creating a complete property management database. Throughout this development; cost effectiveness, streamlining processes, and developing managerial tools have been implemented to take advantage of the information contained within the database. The database has become an extremely effective tool that is moving toward integration with other City and County programs to provide data to the user with a click of a button. Problem Developers, contractors, or homeowners wishing to perform work within the City, can seek information from the Planning, Building, Zoning, or the Economic Development Division. Each division provides the benefit of a walk -in service that can provide information to the public. These avenues of contact are and have always been a good way to provide customer service. The draw back with this process is it can be confusing and time consuming for staff, the developer, contractors, or homeowners. To understand the issue, we must look at the path that an applicant can take. The applicant can seek information from the Planning, Building, Zoning, or the Economic Development Division. Each avenue requires the applicant to submit pertinent information to the Division where they are seeking information. If it is found that other approvals are required, the applicant is referred to the appropriate division where they receive another list of requirements. In addition, the City Code requires that all projects have a "Building Permit" prior to commencing review for any approvals. Therefore, before a division can review an application, they must send the applicant to the Building Division for a permit. This step results in a minimum $35.00 fee and a potentially long list of additional requirements. Each path of entry requires an application, plans, and a detailed description of the project for each application. The difficulty starts when determining the need for other approvals in a timely fashion. Site plan review, zoning variances, and ILPC's certificates of compliance have scheduled submission deadlines. The time line for these schedules must be met or it could result in delays adding months to grant an approval. These steps are compounded by the need for multiple forms, submittals, notifications, meeting schedules, and legal requirements for the applicant. This is a long and tedious process that must be managed by the applicant and City staff. MEMORANDUM August 26, 2014 Re: Resolution to release money in restricted contingences In the past, the Building Division took the lead in determining compliance with city ordinances and would follow the project to completion. Today, due to the complexity of the codes, it is no longer possible for any one division to manage a project through all of the approval processes. The intricate knowledge necessary to facilitate approval through another division's specialty is becoming too difficult, both for staff as well as the applicant. Cross - learning of other division's procedures, especially in the ever changing world of City and State Codes, is causing errors and omissions that often cost the applicant time and money and does not reflect well on the City. Solution Implement a computer program that will host an on -line application. This on -line "Wizard" application is a smart application that will accept data, process data, and retrieve data from the database, all in real time. The Wizard will be used as a "Master Application" that will determine the need for division approval via an information path, prompted by select questions that will be answered by the applicant. The work flow process will be initiated by the Wizard which will process specific information and use it as "triggers" to determine the workflow. Divisions will be included or excluded in the workflow path, depending on the approval needed. This will allow each division to simultaneously process reviews and approvals and focus on their specialty. The Wizard will be programmed to recognize projects that require no "other" approval and will forward those projects directly to the Building Division in a "Building Permit" form. For projects that require additional approvals, the submitted application will be reviewed and the client will be personally contacted (by phone or email) with questions and/or directions by a qualified individual within the applicable division. This process will streamline efforts and provide an efficient method for development within the City of Ithaca. This proposal includes computerizing the applicable processes of the Planning and Zoning Divisions, including computerizing the application process for historic properties that require review by the ILPC, The proposed computerization will include; automating initial applications, able to edit application forms, scheduling project review and approval meetings, creating automated email notifications and agendas, auto - populate numerous forms, and automate the document management system. This new system will be integrated into the current database, utilizing existing data and will be accessible from the City Web site. Zhe FM Solutions, our software developer, has reported that our current software developed in FileMaker can be programmed to support these critical functions. For a maximum of $30,000.00 (estimating approximately 311 -316 hours of labor at $95 per hour) Page 1 2 8.2 Planning, Building, Zoning and Economic Development Department Request Funds for Computer Software Development - Resolution WHEREAS, the Planning, Building, Zoning, and Economic Development Department (the Department) proposes to develop a computer software program to computerize workflow processes for the Exterior Property Maintenance process, and WHEREAS, the current process for Exterior Property Maintenance enforcement is performed primarily by hand and delays in notifying owners of EPM violations is causing issues between the landowners and the enforcement personnel. Ongoing complaints necessitate the need to streamline the process, improve document routing procedures, notify property owners, and minimize repeated offences, and WHEREAS, the Department has contacted a computer software developer to program the existing Building Division's database to include a web -based process for Exterior Property Maintenance computerization of the associated workflow process, and WHEREAS, the cost to implement the developed solution is $6,954 for the custom programming, web access and integration to the existing database, and WHEREAS, these funds were not anticipated as part of the 2014 authorized budget, but could be used from the Unrestricted Contingency Account, which has a current balance of $77,628; now therefore be it RESOLVED, That Common Council hereby authorizes the Controller to transfer an amount not to exceed $6,954 from account A1990 Unrestricted Contingency to Account A8020 -5435 Planning, Building, Zoning, and Economic Development Department for the purpose of funding the said computer development. CITY OF ITHACA 108 East Green Street —3rd Floor Ithaca, New York 14850 -5690 DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT "Telephone: Planning & I:)evelopment — 607- 274 -6550 Community DevelopmentllURA — 607 - 274 -6559 Email: dgrunder @cityofithaca.org Email: iura @cityofithaca.org Fax: 607 - 274 -6558 Fax: 607 -274 -6558 BACK -UP ITEM 8.2 MEMORANDUM Date: September 9, 2014 To: Steve Thayer, Comptroller From: Gino Leonardi, Housing and Land Use Supervisor Subject: Resolution to fund Exterior Property Maintenance Computer Program Background The Exterior Property Maintenance Ordinance (EPM) was adopted on June 13, 2001. The purpose of the ordinance was to provide a minimum standard for the maintenance of exterior grounds and visible facades within the City of Ithaca. These standards provided a means of enforcement to insure that the property's visible condition is maintained. As part of the ordinance, an inspector is charged with the responsibility of issuing tickets for violations. The ordinance has had a positive effect on the maintenance of properties but there has been an increase in the number of complaints concerning the EPM process and the subsequent issuance of tickets for violations. The current process is a three tiered process that involves the EPM Inspector, City Court, and the City Prosecutor. To further understand the issue, we must look at the process managed by each branch of government. Problem First, the inspector routinely patrols the City for EPM violations. He travels a selected area each day and revisits the properties that have been issued a violation the following day. If the violation still exists, a second ticket is issued. Tickets can be issued for a violation for every 24 hours a violation exists. This process is repeated until the violation is removed. Violations for EPM incur a civil penalty of $25 for the first violation at a property within a six -month period, $50 for a second violation at the same property within a six -month period, $200 for a third violation at the same property within a six -month period, and $300 for a fourth or subsequent violation at the same property within a six -month period. Within the six -month period numerous violation can be sited and incur a fourth violation fee for an existing or a new violation. As part of the process, the inspector has to complete the accusatory instrument form. The inspector must provide a ticket number, owners name, code section and description of violation, and attach pictures of the offence. He also must review records and determine if the violation is a first, second, third, or forth offence before saving the document for record retention. A copy of the completed record is then sent to the City Court and to the City Prosecutor. This workflow is performed for each ticket and for each day a ticket is issued by the inspector. Re: Resolution to fund Exterior Property Maintenance Computer Program Page 2 Once City Court receives the accusatory instrument, it is entered into a log and a limited amount of information is transposed into a summons. The summons is filed and a copy is mailed to the property owner. A summons is required to be served by mail to the property owner in order to notify them of the offence. The owner can receive the notification (ticket) within 4 -7 days after the ticket has been issued. In the interim, a ticket can be issued every 24 hours for the same violation or a new violation on the property. The final step of the process involves the City Prosecutor, who is responsible for prosecuting EPM offences. This is the most difficult aspect of the process. In most cases the property owner has received multiple tickets prior to receiving a notice of violation by City Court. The time lapse between the ticket being issued and the time the owner is notified has to be taken into account when determining the fine for the violation. In some cases the fine is reduced to compensate for the delays in the process. The City Prosecutor also has to resolve other property owner issues; the circumstances regarding the issuance of a ticket, the time frame when the owner received the ticket, the number of tickets, can a reasonable settlement be procured or whether the case goes to court. All of this means an enormous amount of work for the City Prosecutor pursuing the EPM violations. Solution The Planning, Building, Zoning, and Economic Development Department proposes to computerize the Exterior Property Maintenance process in order to streamline the work performed primarily by hand. The proposal includes the use of an iOS device that will be used in the field to process the accusatory and route the information automatically to each branch of government. A picture of the violation and the completed accusatory form will be sent to the recipients and stored in Laserfiche. The process will include instant notification to the owner via an email system that will generate a letter notifying the owner that they have received an EPM ticket. The letter will inform the owner that they have 24 hours to remedy the violation or another ticket will be issued. The computer will generate property lists that need re- inspections for tickets that were issued the previous day and maintain the number of offences for the property. This new process should alleviate most of the current issues that we are experiencing with delays in notifying the owner. The notification process will also help with imposing fines for consecutive violations when violations are not removed. The new process will create an efficient workflow for initial inspections, re- inspections, accusatory processing, document routing, document storage, prosecuting offences, and increase the ratio of offences verses fines collected. This solution will allow property owners to acknowledge that a violation exists and give them an opportunity to remedy the violation prior to the issuance of a second or third offence. Zhe FM Solutions, our software developer, has reported that our current software developed in FileMaker can be programmed to support these critical functions, for a maximum of $4,420.00 (estimating approximately 52 hours of labor) Purchase of, iOS hardware device, for a maximum of $650.00 Web hosting services and cellular service, for an annual cost of $1,884.00. (Future increases are possible.) Total Project Cost: $6,954.00 "An Equal Opportunity Employer with a commitment to workforce diversification." 9. CITY ADMINISTRATION COMMITTEE: 9.1 Transfer of Property at 320 -324 E. Martin Luther King Jr. /E. State Street to the Ithaca Urban Renewal Agency (IURA) to Undertake an Urban Renewal Project for Development of a 120 -room Hotel - Resolution A. Declaration of Lead Agency for Environmental Review - Resolution WHEREAS, the Common Council of the City of Ithaca is considering a proposal to transfer ownership of property located at 320 -324 E. Martin Luther King Jr. /E. State Street to the Ithaca Urban Renewal Agency (IURA) to facilitate a urban renewal project to construct a 120 -room hotel at the 300 block of E. Martin Luther King Jr. /E. State Street, and WHEREAS, State Law and Section 176 -6 of the City Code require that a lead agency be established for the purpose of conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed transfer of less than 2.5 acres of land is an "Unlisted" action pursuant to the City Environmental Quality Review Ordinance ( "CEQR "), which requires environmental review under CEQR; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself Lead Agency for the environmental review of the transfer of property located at 320 -324 E. Martin Luther King Jr. /E. State Street (tax parcel #69.- 1 -6.2) to the IURA for the purpose of structuring a proposed purchase and sale agreement to undertake an urban renewal project to construct a 120 -room hotel, which agreement shall be subject to approval by Common Council. B. Determination of Environmental Significance - Resolution WHEREAS, the Common Council of the City of Ithaca is considering a proposal to transfer ownership of property located at 320 -324 E. Martin Luther King Jr. /E. State Street (tax parcel #69.- 1 -6.2) to the Ithaca Urban Renewal Agency (IURA) for the purpose of structuring a proposed purchase and sale agreement to undertake an urban renewal project to construct a 120 -room hotel, and WHEREAS, the proposed hotel project will undergo separate environmental review as part of the site plan review process, and WHEREAS, the proposed hotel project is not physically feasible without acquisition of City -owned land, and WHEREAS, it is not reasonable or practicable to expect the Preferred Developer to develop detailed project plans and analyses of potentially significant adverse impacts of the proposed hotel project prior to knowledge that the City -owned portion of the project site will potentially be made available for the hotel project through the IURA, and WHEREAS, as part of the site plan review process, the Planning and Development Board regularly conducts rigorous and thorough environmental review of all aspects of the proposed development project that comes before it, and WHEREAS, pursuant to §176- 6(F)(1)(b) of the City Environmental Quality Review Ordinance, the re- establishment of a Lead Agency may occur "upon failure of the Lead Agency's basis of jurisdiction," so that the Planning and Development Board may subsequently assume the role of Lead Agency for the environmental review for the site plan review of the proposed hotel project, and WHEREAS, the proposed action for transfer of city -owned property of less than 2.5 acres is an "Unlisted Action" under the City Environmental Quality Review Ordinance, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that circumstances warrant a segmented review of this property transfer from other stages of the proposed hotel project and that subsequent environmental review of the proposed hotel project during the required site plan review process will be no less protective of the environment, and be it further RESOLVED, That the Common Council, as Lead Agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Short Environmental Assessment Form, and be it further RESOLVED, That this Common Council, as Lead Agency in this matter, hereby determines that the proposed action at issue will not have significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk's Office, and forward the same to any other parties as required by law. C. Transfer of Property - Resolution WHEREAS, Lighthouse Hotels LLC proposes construction of a $19 million, six -story, 120 -room Hampton Inn & Suites hotel behind the Carey Building on parcels currently used for public and private surface parking at the 300 block of E. Martin Luther King Jr. /E. State Street (Urban Renewal Project), and WHEREAS, the project site includes the 32 -space municipal parking lot at 320 -324 E. Martin Luther King Jr. /E. State Street, which is partially owned by the City and partially owned by the Ithaca Urban Renewal Agency (IURA), and WHEREAS, §507 of General Municipal Law authorizes the IURA to negotiate sale of public land with a Qualified and Eligible Sponsor ( "Preferred Developer ") to undertake an urban renewal project, which proposed sale and development agreement is subject to public hearing and approval by the Common Council, and WHEREAS, the primary objective of the Urban Renewal Plan is to improve the economic, social and physical characteristics of the project neighborhood, and WHEREAS, City policy requires the Board of Public Works to declare City -owned property surplus for public works purposes prior to any transfer of City -owned property, and WHEREAS, on June 26, 2014, the IURA designated Lighthouse Hotels LLC as the Preferred Developer to undertake the Urban Renewal Project, and authorizing potential acquisition of IURA and City -owned parcels of the project site through negotiations, subject to Common Council approval, and WHEREAS, on August 18, 2014, The Board of Public Works determined that the City - owned portion of the municipal parking lot located at 320 -324 E. Martin Luther King Jr. /E. State Street (tax parcel #69.- 1 -6.2) is not needed for City of Ithaca public works purposes, and WHEREAS, upon Common Council authorization to transfer the approximately 8,300 square foot City -owned portion of the municipal parking lot to the IURA, the IURA intends to enter into a 90 -day exclusive negotiating agreement with the Preferred Developer to structure a proposed purchase and sale agreement to convey tax parcels #69. -1 -3 and #69. -1 -6.2 to the Preferred Developer at no less than estimated fair market value and establish post - closing requirements on the Urban Renewal Project including but not limited to urban design, job creation and housekeeping department employee wage levels, and WHEREAS, the IURA has established the following minimum standards for the project: A. Urban Design: prohibition of the following exterior building facade materials unless the Planning and Development Board finds such materials enhance the design of the building: • EIFS (Exterior Insulation & Finishing System), such as "Dryvit" or other stucco - like finishes • Concrete masonry units, including split -face cement block; B. Job Creation: creation of at least 33 full -time equivalent jobs; C. Wages /Salaries: • Living Wage Positions - Creation of a minimum of 11 full -time employment positions paid at least a "living wage" (currently $12.62 /hour with employer health insurance benefits) • Housekeeping Staff - each employee in the housekeeping department to be paid at least $9.75 /hour (equivalent to 120% of state minimum wage); and WHEREAS, the IURA has identified the following additional issues to be included in negotiations with the Preferred Developer: • Accommodations to mitigate loss of public parking to adjacent enterprises; • Participation in IURA- sponsored job training and job placement programs, such as the Hospitality Employment Training Program; • The appropriate mechanism to ensure that the enhanced wages to be paid to all employees in the housekeeping department is maintained at a dynamic level in the future (e.g., indexed to 120% of the state minimum wage); • Purchase price (fair market value), including non - refundable deposit; • Transfer of property contingent upon site plan approval and issuance of a building permit; now, therefore, be it RESOLVED, That the Common Council does hereby authorize transfer of real property located at 320 -324 E. Martin Luther King Jr. /E. State Street (tax parcel #69.- 1 -6.2) to the IURA for the purpose of structuring a proposed purchase and sale agreement to undertake the in -fill downtown hotel urban renewal project at the 300 Block of E. Martin Luther King Jr. /E. State Street, which agreement shall be subject to approval by Common Council following a public hearing, and be it further RESOLVED, That net proceeds from sale of City -owned land to the Preferred Developer shall be paid to the City, and be it further RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to implement this resolution, including execution of any and all instruments necessary to transfer title to the IURA and /or execute a leaseback agreement to allow continued City control of the municipal parking lot until conveyance of the project site to the Preferred Developer. Adopted BPW Resolution re: 324 E. MILK Jr. /E. State Street :1 Board of Public Works August 18, 2014 BACK -UP ITEM 9.1 Recommendation to Transfer City Property to Ithaca Urban Renewal Agency for Sale of Parcel 69.-l-6.2, 320 -24 East State Street/Martin Luther King Jr. Street — Resolution By Commissioner Darling: Seconded by Commissioner Morache WHEREAS, the City of Ithaca owns parcel 69. -1 -6.2 located at 320 -24 East State Street/Martin Luther King Jr. Street, and WHEREAS, Lighthouse Hotels, LLC, has submitted a proposal to develop this parcel with the construction of a new Hampton Inn & Suites hotel, in conjunction with the adjacent parcel currently owned by Ithaca Urban Renewal Agency, and WHEREAS, the Director of Parking has indicated that the parcel is currently being utilized as a public parking lot, but that the downtown parking garages would be able to accommodate the additional parking needs, and WHEREAS, the Superintendent of Public Works has indicated that this parcel is not required for City public works functions or purposes, and WHEREAS, continued City ownership of this parcel requires that the City incur expense for maintenance, without the generation of revenue (e.g. in the form of property taxes) from it, now therefore be it RESOLVED, That the Board of Public Works hereby determines that the aforementioned property is not needed for City of Ithaca public works purposes, and be it further RESOLVED, That the Board of Public Works hereby recommends that Common Council consider transferring ownership of parcel 69. -1 -6.2 to the Ithaca Urban Renewal Agency to facilitate the sale of this property. Carried Unanimously BACK -UP ITEM 9.1 Resolution IURA December 20, 2012 Property Disposition, 320 -24 E. MLK, Jr. /E. State Street — Designate Lighthouse Hotels LLC as a Qualified and Eligible Sponsor Moved: Rosario, Richardson Whereas, Lighthouse Hotels, LLC (Lighthouse) has submitted application to be designated a "qualified and eligible sponsor" (Sponsor) to acquire two parcels located at 320 -324 E. MLK Jr. /E. State Street, currently utilized as a 32 -space public parking lot (Municipal Parking Lot), and Whereas, Lighthouse proposes to develop a $16 million, downtown, six - story, 92 -room Hampton Inn & Suites that is projected to create 33 full -time equivalent employment opportunities, and Whereas, Lighthouse proposes wages to employees above the pay ranges paid at other hotels they operate, with the lowest wages projected at $9.50 /hour, 131% of minimum wage ($7.25/hr.), or about 74% of the local living wage ($12.78/hr.), and Whereas, the proposed 30,400 square foot (SF) project site includes the following four parcels: (1) 3,267 SF - tax map #69. -1 -3, 324 E. MLK Jr. /E. State Street, IURA (2) 8,320 SF - tax map #69. -1 -6.2 at 320 -24 E. MLK Jr. /E. State Street, City of Ithaca (3) 13,112 SF - tax map #69. -1 -8 at 310 -312 E. MLK Jr. /E. State Street, Daley Enterprises (4) 5,706 SF - tax map #69. -1 -7 at 314 -320 E. MLK Jr. /E. State, Carey Building Assoc. LLC, and Whereas, the property sought includes one parcel owned by the Ithaca Urban Renewal Agency (IURA) and one parcel owned by the City of Ithaca, and Whereas, the project site is located within the Urban Renewal Project Boundary area, and Whereas, the Ithaca Urban Renewal Agency (IURA) is only authorized to dispose of property to a specific buyer if such buyer is designated as an eligible and qualified sponsor (Sponsor) per section 508 of General Municipal Law and the sale is approved by Common Council, and Whereas, a proposed Sponsor is evaluated in accordance with adopted IURA land disposition procedures that seek to determine if the proposed Sponsor is qualified and capable of fulfilling the objectives of the project for property disposition, and Whereas, IURA evaluation criteria for Sponsors include: • Financial status and stability • Legal qualification to operate in the State of New York and to enter into contracts with regard to the disposition, use, and development of land in questions • Previous experience in the financing, use, development and operation of projects of a similar nature • Reputation and proof of fair, reputable and ethical business practices and a record devoid of convictions Whereas, the primary objective of the Urban Renewal Plan (Plan) is to improve the economic, social and physical characteristics of the project neighborhood, and Whereas, one objective of the Plan is "expansion and diversification of the economic base of the community to provide the employment opportunities needed by its residents and to strengthen the tax base ", and Whereas, Hitesh T. Patel, President, and Neil H. Patel, CEO, are the principal members of Lighthouse and report that Lighthouse, or its affiliates, owns and operates the Hampton Inn located at 337 Elmira Rd., Ithaca, NY as well as Hampton Inn hotels in Clay, Seneca Falls and Buffalo (under construction), and Whereas, a 12/17/12 inspection of City records show that Lighthouse's Ithaca Hampton Inn is operating in full compliance with all applicable permits and regulations, and is current on all tax obligations, and Whereas, Lighthouse's successful record of developing and operating four similar hotels in New York state, including the Ithaca Hampton Inn, suggests they possess the skills, resources and capacity to complete the proposed project, and Whereas, the proposed project has the potential to improve the economic, social and physical and characteristics of the project neighborhood, and Whereas, designation of a Sponsor allows the IURA to negotiate terms for a proposed property disposition that must then be approved by the City of Ithaca Common Council following a public hearing on the proposed terms of the disposition, and Whereas, the IURA Economic Development Committee considered this matter at their December 18, 2012 meeting and recommended the following; now, therefore, be it 1. RESOLVED, that the IURA hereby determines that Lighthouse Hotels LLC has satisfactorily demonstrated its qualifications and capacity to successfully undertake a project to develop an appropriate in -fill urban hotel project located along the northern side of the 300 block of E. MLK Jr. /E. State Street, and therefore designates the aforementioned entity as a "qualified and eligible sponsor" eligible to acquire tax parcels #69 -1 -3 and #69.4-6.2, and be it further, 2. RESOLVED, that the IURA hereby recommends that the Common Council and Board of Public Works make the City -owned tax parcel #69. -1 -6.2 available for redevelopment and 2 approve transfer of the parcel to the IURA for the purpose of structuring a proposed sale for consideration by the Common Council, and be it further 3. RESOLVED, that the IIJRA hereby authorizes acceptance of tax parcel #69.-1-6.2 upon Common Council authorization of transfer of the parcel, and be it further 4. RESOLVED, that the IURA Chairperson, subject to review by IURA legal counsel, is authorized to execute a 90-day exclusive negotiating agreement with the Sponsor for the purpose of structuring a proposed purchase and sale agreement to convey tax parcels #69.- 1.3 and #69.4-6.2 to the Sponsor to undertake an urban renewal project, and be it further 5. RESOLVED, any proposed purchase and sale agreement shall be subject to approval by both the IURA and the Common Council, and be it further 6. RESOLVED, the IURA identifies the following issues to be included in negotiations with the Sponsor: • Price (fair market value), including non-refundable deposit • urban design, especially ground level streetscape on E. M LK Jr./E. State Street • exploration to retain the Carey building to be incorporated into the project rather than demolished • potential responses to mitigate loss of public parking to adjacent enterprises • potential responses to mitigate any business dislocation caused by the project translating wage and job creation projections to wage and job commitments • transfer of property contingent upon site plan approval and issuance of a building permit Voting Aye: Darrell, Myrick, Richardson, Rosario Voting No: None Absent: Graham 1, Nets Bohn, Director of Community DeveLopment of the Ithaca Urban Renewal Agency, do hereby certify that the foregoing resolution is a true and exact copy of a resolution duty adopted by the Ithaca Urban Renewal Agency at a meeting held on December 20, 2012,and that the same Is a complete copy of the whole of such resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the Corporate Seat of the Ithaca Urban Renewal Agency, this grad day of January, 2013. bets �hn, k" Director of Community Development Ithaca Urban Renewal Agency 9 IURA Adopted Resolution re: 324 E. MLFUE. State Street i Adopted Resolution Ithaca Urban Renewal Agency BACK -UP ITEM 9.1 June 26, 2014 Property Disposition — 320 -324 E. M.L.K., Jr. /E. State St. — Designate Lighthouse Hotels, LLC as Qualified & Eligible Sponsor for Urban Renewal Project 1. WHEREAS, Lighthouse Hotels, LLC (Lighthouse) submitted a revised application on June 3, 2014 to be designated a "qualified and eligible sponsor" (Sponsor) to acquire two parcels located at 320 -324 E. MLK Jr. /E. State Street, currently utilized as a 32 -space public parking lot (Municipal Parking Lot), and 2. WHEREAS, a 2012 application was recommended for conditional approval by the Ithaca Urban Renewal Agency (IURA) subject to satisfactory resolution of the following issues during negotiations: • Price (fair market value), including non - refundable deposit • urban design, especially ground level streetscape on E. MLK Jr. /E. State Street • exploration to retain the Carey building to be incorporated into the project rather than demolished • potential responses to mitigate loss of public parking to adjacent enterprises • potential responses to mitigate any business dislocation caused by the project • translating wage and job creation projections to wage and job commitments • transfer of property contingent upon site plan approval and issuance of a building permit, and 3. WHEREAS, the 2012 application failed to gain Common Council support due in part to the proposed demolition of the Carey Building and concerns about urban design of the building and dislocation of businesses, and 4. WHEREAS, Lighthouse has revised their project and now propose to develop a $19 million, downtown, six - story, 120 -room Hampton Inn & Suites on a modified project site located adjacent to the Carey Building, and S. WHEREAS, the approximately 22,500 square feet (SF) proposed project site includes the following three parcels: (1) 3,267 SF - tax map #69.4-3, 324 E. MLK Jr. /E. State Street, IURA (2) 8,320 SF - tax map #69. -1 -6.2 at 320 -24 E. MLK Jr. /E. State Street, City of Ithaca (3) 10,950 SF – p/o tax map #69. -1 -8 at 310 -312 E. MLK Jr. /E. State Street, Daley Enterprises, and 6. WHEREAS, an executed purchase agreement for 310 -312 E. MLK Jr. /E. State Street has been submitted, and 7. WHEREAS, the entire revised project site is currently used for surface parking and does not include the Carey building parcel, and 8. WHEREAS, the revised project will not result in any business dislocation and will include a new ground level restaurant lease space fronting on Seneca Way, and 9. WHEREAS, the project site includes one parcel owned by the Ithaca Urban Renewal Agency (IURA) and one parcel owned by the City of Ithaca for which the developer has agreed in concept to purchase at fair market value, and 10. WHEREAS, the project is projected to create approximately 33 full -time equivalent employment opportunities, and 11. WHEREAS, Lighthouse proposes wages to employees above the pay ranges paid at other hotels they operate, with the lowest wages set at $9.75 /hour (2.5% CPI increase since 2012 proposal), which is equal to 122% of minimum wage ($8.00 /hr.), or about 75% of the local living wage ($12.62/hr. with employer paid health insurance), and 12. WHEREAS, at least eleven (11) full -time employees will be paid at least a living wage, and 13. WHEREAS, the project is projected to be assessed at over $8,000,000 (assumed $68K /room), a net taxable increase of $7,760,000, thereby generating the following estimated annual stream of local municipal revenues (52% occupancy rate assumed): $102,000 City property taxes ($13.12/$1,000) $54,000 County property taxes ($6.90/$1,000) $133,000 School property taxes ($17.185/$1,000) $20,000 Business Improvement District ($2.624/$1,000) $159,000 County hotel room occupancy tax (5% @ $72.80 RevPAR x 120 rms.) $64,000 City sales tax (2 %) $532,000 14. WHEREAS, the project will result in elimination of parking revenue generated from the municipal surface parking lot, but create new parking demand in nearby municipal parking garages for hotel guest parking, and 15. WHEREAS, the proposed exterior facade materials of the hotel include stone veneer, brick veneer, metal, glass, metal panel and cementious (stucco -like) siding, also known as Exterior Insulation Finishing System (EIFS), and 16. WHEREAS, the project site is located within the Urban Renewal Project Boundary area and is an appropriate location for a hotel, and 17. WHEREAS, the IURA is only authorized to sell property to a specific buyer if such buyer is designated as an eligible and qualified sponsor (Sponsor) per section 508 of General Municipal Law and the sale is approved by Common Council, and 18. WHEREAS, a proposed Sponsor is evaluated in accordance with adopted IURA land disposition procedures that seek to determine if the proposed Sponsor is qualified and capable of fulfilling the objectives of the project for property disposition, and 19. WHEREAS, IURA evaluation criteria for Sponsors include: • Financial status and stability • Legal qualification to operate in the State of New York and to enter into contracts with regard to the disposition, use, and development of land in questions • Previous experience in the financing, use, development and operation of projects of a similar nature • Reputation and proof of fair, reputable and ethical business practices and a record devoid of convictions 2 20. WHEREAS, the primary objective of the Urban Renewal Plan (Plan) is to improve the economic, social and physical characteristics of the project neighborhood, and 21. WHEREAS, one objective of the Plan is "expansion and diversification of the economic base of the community to provide the employment opportunities needed by its residents and to strengthen the tax base ", and 22. WHEREAS, Hitesh T. Patel, President, and Neil H. Patel, CEO, are the principal members of Lighthouse and report that Lighthouse, or its affiliates, owns and operates the Hampton Inn located at 337 Elmira Rd., Ithaca, NY as well as Hampton Inn hotels in Clay, Seneca Falls and Buffalo, and 23. WHEREAS, a 6/10/14 inspection of City records show that Lighthouse's Ithaca Hampton Inn is operating in full compliance with all applicable permits and regulations, and is current on all tax obligations, and 24. WHEREAS, Lighthouse's successful record of developing and operating four similar hotels in New York state, including the Ithaca Hampton Inn, demonstrates they possess the skills, resources and capacity to complete the proposed project, and 25. WHEREAS, the proposed project has potential to improve the economic, social and physical and characteristics of the project neighborhood, and 26. WHEREAS, designation of a Sponsor allows the IURA to negotiate terms for a proposed property disposition that must then be approved by the City of Ithaca Common Council following a public hearing on the proposed terms of the disposition, and 27. WHEREAS, the IURA Economic Development Committee considered this matter at their June 10, 2014 meeting and recommended the following; now, therefore, be it 1. RESOLVED, the IURA hereby finds that Lighthouse Hotels LLC satisfies IURA sponsor criteria - including qualifications, capacity and experience - to be designated a "qualified and eligible sponsor" to undertake an urban renewal project to undertake an in -fill urban hotel project on the 300 block of E. MLK Jr. /E. State Street, and be it further 2. RESOLVED, the IURA hereby finds that to ensure the proposed Hampton Inn & Suites project will satisfy IURA criteria that an urban renewal project improve the economic, social and physical characteristics of the project area, the IURA requires the following: A. Urban Design — exterior building facade materials are a key component of exterior building design and the choice of appropriate materials is integral to the creation of new buildings that positively influence the surrounding neighborhood that includes two historic districts. Therefore, the following exterior building fagade materials shall be prohibited on facades visible from public streets unless the Planning Board finds such materials enhance the design of the building: • EIFS (Exterior Insulation & Finishing System), such as "dryvit" or other cementitious, stucco -like finishes • Concrete masonry units; B. Job Creation —commit to create at least 33 full -time equivalent jobs and provide proof of job creation to the IURA; C. Wages — commit to pay all employees in the housekeeping department at least $9.75 /hour and further commit to pay a minimum of 11 full -time hotels employees at 3 least a living wage (currently $12.62 w /employer sponsored health insurance benefits or $13.94 w/o health benefits); D. Site Control — the executed purchase agreement for 310 -312 E. MILK Jr. /E. State Street be submitted no later than June 25, 2014, and be it further 3. RESOLVED, subject to satisfaction of the above conditions, the IURA hereby designates Lighthouse Hotels LLC as a "qualified and eligible sponsor" (Sponsor) eligible to acquire tax parcels #69 -1 -3 and #69. -1 -6.2 through negotiations for the purpose of undertaking an urban renewal project to develop an in -fill urban hotel project located at the 300 block of E. MLK Jr. /E. State Street; and be it further, 4. RESOLVED, the IURA identifies the following issues to be included in negotiations with the Sponsor to acquire the project site: • Accommodations to mitigate loss of public parking to adjacent enterprises; • Participation in IURA- sponsored job training and job placement programs, such as the Hospitality Employment Training Program; • The appropriate mechanism to ensure that the enhanced wages to be paid to all employees in the housekeeping department is maintained at a dynamic level in the future (e.g., indexed to 120% of the state minimum wage); • Purchase price (fair market value), including non - refundable deposit; • Transfer of property contingent upon site plan approval and issuance of a building permit; and be it further S. RESOLVED, that the IURA hereby recommends that the Common Council and Board of Public Works make the City -owned portion of the parking lot (tax parcel #69.- 1 -6.2) available for redevelopment and approve transfer of the parcel to the IURA for the purpose of structuring a proposed sale for consideration by the Common Council, and be it further 6. RESOLVED, that the IURA hereby authorizes acceptance of tax parcel #69. -1 -6.2 upon Common Council authorization of transfer of the parcel, and be it further 7. RESOLVED, that the IURA Chairperson, subject to review by IURA legal counsel, is authorized to execute a 90 -day exclusive negotiating agreement with the Sponsor for the purpose of structuring a proposed purchase and sale agreement to convey tax parcels #69. -1 -3 and #69. -1- 6.2 to the Sponsor to undertake an urban renewal project, and be it further 8. RESOLVED, any proposed purchase and sale agreement shall be subject to approval by both the IURA and the Common Council. Carried Unanimously 5 -0 jAcommunity development \dispositions\324 east state street \reso iura lighhouse hotels - adopted 6- 26- 14.doc 4 0' 20' 40' 60' SCALE 1" = 20' DEED BOOK 796, PAGE 324 N 89'54'0 TAX MAP No. 69 -1 -8 TRENDS' AREA= 0.301 ACRES 7.25' PARCEL C ITHACA URBAN RENEWAL AGENCY N DEED BOOK 478, PAGE 854 H TAX MAP No. 69 -1 -3 ASPHALT P RKING �PR�P �T.arxm. p Bit SLY P CE of wu —1 ENE of L 04- -fig �! 12 j� ' ` PaRHING 9 0 0� 2 p� *„6 TITLE INFORMATION p\ &W DEED BOOK 796, PAGE 324 N 89'54'0 TAX MAP No. 69 -1 -8 &= AREA= 0.301 ACRES 7.25' PARCEL C ITHACA URBAN RENEWAL AGENCY N DEED BOOK 478, PAGE 854 H TAX MAP No. 69 -1 -3 8 RIo, AREA= 0.075 ACRES p Bit o.3 1 — S 8957'0 ' E 54.85 c RM= 41e.6' Ha pro -ats y usr .srATe siR�r NC WALL ry�0) $ TY g 1 3 9. x419, N6PEN6ER I g PARCEL D ti 41S.1 $ � EAST ".n is smEET 3 S � P.K. NAIL SET zo.3. • <i o. // g 20 GZpS IL COMPUTED POINT, NOTHING SET pW� O r'1 �,A NN - Woo j420 � 8 OH"R PARKING j� ' ` PaRHING 9 0 0� 2 p� *„6 TITLE INFORMATION PARCEL A JOSEPH DALEY PARCEL D CAREY BUILDING ASSOCIATES, LLC DEED BOOK 796, PAGE 324 INSTRUMENT No. 569824 -001 TAX MAP No. 69 -1 -8 TAX MAP No. 69 -1 -14 AREA= 0.301 ACRES AREA= 0.131 ACRES PARCEL C ITHACA URBAN RENEWAL AGENCY PARCEL D CITY OF ITHACA DEED BOOK 478, PAGE 854 TAX MAP No. 69 -1 -6.2 TAX MAP No. 69 -1 -3 AREA= 0.191 ACRES AREA= 0.075 ACRES .42G.2 x.le.e gl IM= ee 1 — S 8957'0 ' E 54.85 PARCEL A g. RM= 41e.6' Ha pro -ats y usr .srATe siR�r 81.80' ry�0) PB TY g 1 L ^ ? xa19.6 x4,9.6 I I c WIT II ��y�= 42oa' W / RRAVCL Paa a o.R. $ ASPllatr PA.— — os 0' Ea,2 g $ <19.T.N 01'1134.20,• N ^ PARCEL C o.4. W BAST nA.ie smErr .42G.2 x.le.e gl I9 ❑ S 8957'0 ' E 54.85 PARCEL A g. RM= 41e.6' Ha pro -ats y usr .srATe siR�r z--I ,aiz- Kale Ara cu=rs V a TY g ­4 GG I 3 9. x419, N6PEN6ER I g PARCEL D $ � EAST ".n is smEET i ORPSCIE P.K. NAIL SET zo.3. • <i o. // g NL.88 49 0-10. w aff. NO IRON PIN SET UNLESS NOTED OTHERWISE IL )'"' PRNIC o, CT— OF FACT TNAT A, a ._ MLE ABSTRACT OF TREE MAYTSHOW NY 2) VERTICAL DATUM IS APPROXIMATE NGV029.1B' BEEN RECOR°SRtFROUONOOCATIONS OF AE OVE GROUND STRUNTUAES ANNESENY LOCATIOUS MUSEB c__ET gPPROXIMASttE. THERE MNV BE DRIER UNDSERGRDUNO UTILRIES AND /OR STFUCE'RES. THEEOCASION AND ENCE OF WH IS PRESENTLY KN"I' LO" T "' SI MATERIALS OF VONE°ERAABBOOVE.OVERIIFY AL AREUUES PRIOR TO 06101N LR EVIDENCE AS N G CON N R �ICEION. CO E EVENT SHAT THERE IS A DISCREPANCY BETWEEN THE CONSENis OF THE SIGNED AND SEALED HAFD COPY DRAWING AND THE CORRESPONDING NO SI DRAWING FILE. THE HARD COPY WITH AN ORIGINAL 5 AND SIGNATURE SHALL BE THE CONTROLLING DOCUMENT. 8.) OOTL DIAOF BUILDINGS REPRESENT THE AT GRADE FOOIPRI S BUILDING DIMENSIONS NOT PROVIDED FOR FINAL DESIGN PURPOSES. ARCN CONSTRUCTION. MUST VERIFY IN FIELD PRIOR TO ANY DESIGN OR CONSTRUCTION. MAP RE 1.)"SU,V MAP OF HEWRT PROPERtt.." BY TG. MILLER P.C. AND DATED OCTOBER S. 1968 AMENDED JUNE 11 1969. 2J7HGTBE LOT LANDS OF FRED E. BATES._" BY CARL CRANDALL AND DATED MARCH 1916. 3.) "SURVEY MAP OF CAREY BUILDING INC. BY CARL CRANDALL AND DATED 9/2/1926. 4)"SURVEY MAP RHP PROPERTIES INC. BY T.G. MILLER P.C. ANO RATER CCTOBER 20, I 5) "SURVEY MAP No 314 -320 EAST STATE STREET BY T.G. MILLER PC. ANN ET'SURVEY 1PI /NO1310 -312 EAST STATE STREET.." BY T.G. MILLER P.C. AND DATED OCTOBER 18. 1993. 7 7 )SURVE AP N.. 326 -330 EAST STATE STREET...BY T.G. MILLER AND °ATE° SEPTEMBER 16., 7966: AMENDED AUGUST 29, 1969, CERTIFICATION I hereby cePtify to that I am 0 licensed land surveyor, New York State Lirense No.050096, and that this map correct) delineates an actual survey on the ground mode by under my direct supervision and that I found no visible a oachments either way across property lines except as shownr hereon. SIGNED: DATED: �j��Z $ j W N 88.48'30 ) / a 5.00' $ 0111'30' `w -.asxer sT.lre sIREEr � „ � 16, "`'r crz4V,/// e� �� /E8 ' S 88'48 0' E 3 o; W 9 1 2 wi e EAST STATE S,TRE�.,7, >wD LaNE �,n e.R6ET OR1M =ale.e O w w Z� Q� w� �v LEGEND —T RNNNRS CORCORNER CORNER ada IT All TOP PC TITLE: SURVEY MAP REVISED SHOWING LANDS LOCATED ON SENECA WAY & EAST STATE STEET OWNED BY JOSEPH DALEY, ITHACA URBAN RENEWAL AGENCY, T. C. MILLER P.C. CAREY BUILDING ASSOCIATES, LLC & CITY OF ITHACA SURVEYORS ENGINEERS AND CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK 211HAG. NEW YORKA850 DATE: SCALE: TEL. (e0T)272- e � 4 11 /2/2012 1 ° =20' 512583 SANITARY SEWER MAIN WATER MAIN GAS MAIN — OVERHEAD UTILITIES STORM SEWER MAIN UNDERGROUND TELEPHONE UNDERGROUND UTILITIES 0G MANHOLE ® PARKING METER ❑ CATCH BASIN WATER VALVE 1♦D GAS VALVE V FIRE HYDRANT TY UTILITY POLE LIGHT POLE �.l 0. DECIDUOUS TREE CONIFEROUS TREE SIGN O P.K. NAIL SET zo.3. • P.K. NAIL FOUND )( IRON PIN SET UNLESS NOTED OTHERWISE IL COMPUTED POINT, NOTHING SET CONCRETE HIGHWAY MONUMENT —T RNNNRS CORCORNER CORNER ada IT All TOP PC TITLE: SURVEY MAP REVISED SHOWING LANDS LOCATED ON SENECA WAY & EAST STATE STEET OWNED BY JOSEPH DALEY, ITHACA URBAN RENEWAL AGENCY, T. C. MILLER P.C. CAREY BUILDING ASSOCIATES, LLC & CITY OF ITHACA SURVEYORS ENGINEERS AND CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK 211HAG. NEW YORKA850 DATE: SCALE: TEL. (e0T)272- e � 4 11 /2/2012 1 ° =20' 512583 9.2 Proposed Policy to Increase the Use of Bicycle and Foot Patrols by the Ithaca Police Department - Resolution WHEREAS, the Bicycle Pedestrian Advisory Council passed a resolution to encourage the continuation and increased use of bicycle and foot patrols by the Ithaca Police Department, and WHEREAS, the Ithaca Police Department officers who choose to complete training and work on bike patrol are an additional asset to the community; and WHEREAS, these officers on bicycles are much more visible and accessible to the public including general communication and establishing rapport with the community, a method which may be useful in improving community - police relations; and WHEREAS, compared to motor vehicle patrols, bicycle or foot patrols reduce the amount of fossil fuels burned and save the department money; and WHEREAS, the officers on bicycles are making an additional commitment to their physical condition and strength through this choice; and WHEREAS, bicycle officers are able to patrol areas that are less accessible or are inaccessible to motor vehicles while simultaneously able to move more quickly than officers on foot patrol; and WHEREAS, Common Council recognizes the importance of encouraging officers to work the bicycle and foot patrol shifts, and WHEREAS a City of Ithaca Police Department Bike Patrol Policy is in development as part of the department's accreditation process; now, therefore be it RESOLVED, That Common Council hereby supports and encourages the use of bicycle and foot patrols by the Ithaca Police Department. 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled "Zoning," Article IV, Section 325 -12, in Order to Make Minor Non Substantive Changes Regarding the Common Council Approval Process for Planned Unit Developments (PUDs) WHEREAS, on July 2, 2014, the Common Council adopted legislation allowing for the City to establish Planned Unit Development districts on any property in the City currently zoned for industrial uses, and WHEREAS, the adopted Planned Unit Development Ordinance contained language that would require the Planning Board to serve as lead agency on the associated environmental review and require a project to receive a negative declaration of environmental significance in order to be considered eligible for a Planned Unit development, and WHEREAS, a proposed project may complete its environmental review even if it receives a positive declaration of environmental significance as long as it is able to adequately mitigate the environmental impacts, and WHEREAS, the Planning Board may not serve as lead agency in all instances, because, for example, Common Council could choose to serve as lead agency, and WHEREAS, in order to allow for these projects to be eligible for planned unit developments, the language of the ordinance must be amended to allow for projects that have adequately completed environmental review, so that the project can progress through construction, to be considered by the Common Council for PUD approval; now therefore ORDINANCE NO. 2014 -. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Article IV, Section 325 -12 of the Municipal Code of the City of Ithaca be amended as follows: Section 1: Chapter §325- 12.G.[8], [9], [11], and [12] shall be deleted in their entirety and replaced, respectively, with: [8.] Site Plan Review Application - Applicant submits a site plan review application. The Planning Board commences the environmental review process in compliance with the State Environmental Quality Review Act (SEQRA) and the City Environmental Quality Review Ordinance (CEQRA) and conducts the normal site plan review process. To the extent that the Planning Board declares its intent to be the lead agency for the environmental review of the project and the PUD, the Planning Board notifies all other involved agencies including the Common Council. [9.] RESERVED. [11.] RESERVED. [12.] Common Council Consideration of the PUD - When and if the Planning Board has completed its environmental review of the project to the extent required under SEQRA and CEQRA and has issued a contingent site plan approval, the project will return to the Common Council for final consideration of the adoption of the PUD. Final Council approval, if any, shall be granted via ordinance. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. CITY OF ITHACA 108 E. Green St. — 3rd Floor Ithaca, NY 14850 -5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT JOANN CORNISH. DIRECTOR OF PLANNING, BUILDING, ZONING, & ECONOMIC & DEVELOPMENT PIIYLLISA A. DeSARNO. DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Tel: Planning & Econ. Develop. Division - 607-274-65501 Community Development / /URA 607- 274 -6559 E -Mail: dgrunder(ri- ,,cityofithaca.org E -Mail: iuraig city ofthaca.org Fax: 607 - 274 -6558 Fax: 607 -274 -6558 To: Common Council BACK -UP ITEM 10.1 From: Jennifer Kusznir, Economic Development Planner Date: September 5, 2014 RE: City of Ithaca Planned Unit Development (PUD) Amendment - Minor Non - substantive The purpose of this memo is to provide information regarding a proposal to amend Chapter 325 -12 of the Municipal code in order to make a minor non - substantive change regarding the Common Council approval process for Planned Unit Developments (PUDs). On July 2, 2014, the Common Council adopted legislation allowing for the City to establish Planned Unit Development districts on any property in the City currently zoned for industrial uses. In that ordinance the language stated that the Common Council approval could not happen until after a project receives a negative declaration for environmental significance. The intent when drafting this legislation was to allow for projects to move forward once they have fully undergone environmental review and have received site plan approval. Projects may receive a positive declaration of environmental significance and still be eligible for site plan approval as long as the environmental impacts are addressed and adequate mitigation measures are put into place. Enclosed for your consideration is a draft ordinance to revise Chapter 325 -12 in order to correct this language. This change is considered to be a minor non- substantive change and can be adopted without further environmental review. If you have questions or require additional information, please feel free to contact me at lenni ferk!c?�cityofithaca.ora. 10.2 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled "Zonina ", Section 325 -3, entitled, "Definitions and word usage" to add clarifying lanauaae to the definitions of "Building ", "Buildina Area ", and "Structure" A. Declaration of Lead Agency for Environmental Review - Resolution WHEREAS, State Law and Section 176 -6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an "Unlisted" Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the Municipal Zoning Code in order to correct inconsistencies pertaining to maximum percentage of lot coverage. B. Determination of Environmental Significance - Resolution WHEREAS, State Law and Section 176 -6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an "Unlisted" Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the Municipal Zoning Code in order to correct inconsistencies pertaining to maximum percentage of lot coverage. C. Adoption of Ordinance ORDINANCE NO. 2014- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, of the Municipal Code of the City of Ithaca, entitled "Zoning ", be amended as follows: Section 1. Chapter 325 entitled "Zoning ", Section 325 -3, entitled, "Definitions and word usage" is hereby amended to add additional clarifying language to the definitions of "Building ", "Building area ", and "Structure" to read as follows: "Building" - Any structure wholly or partially enclosed within exterior walls or within exterior and /or party walls and a roof, affording shelter to persons, animals, or property, including porches. (See "structure ".) "Building Area" — The total area (taken on a horizontal plane at the main grade level) of the principal building and all accessory buildings, including porches, attached or free standing decks, balconies projecting more than two feet from a building or structure, ramps, and /or landings. The total building area shall be used for determining required yards and maximum percentage of allowed lot coverage but shall not include parking areas and as rking spaces. Pergolas, and terraces and patios shall be exempt from total lot coverage requirements. However, neither pergolas or terraces and patios above grade shall be located in a required yard. "Structure" — Anything constructed or erected on the ground or is attached to another structure or building. Structures shall not include patios or terraces. Section 2. Chapter 325 entitled "Zoning ", Section 325 -3, entitled, "Definitions and word usage" is hereby amended to add the following new definitions for "Deck ", "Pergola ", "Porch ", and "Terrace or Patio ": "Deck " - A "structure" freestanding or attached to a building or an above ground swimming pool, consisting of one or more planes constructed of wood, metal, and /or other materials including a support system of footings and foundation walls and /or, piers, pilasters, columns, and posts, joists, beams, stringers, floor boards, and /or similar structural members, and including, any open enclosure, ramps, and /or landings and other devices connecting one level with another, with the ground and /or an adjoining structure and, if required by building code, balusters and railings. "Pergola " - An arbor or passageway for climbing plants with an overhead frame supporting open lattice work. "Porch " - A structure projecting from the wall or walls of a building, with a roof, that may be open to weather or wholly or partially enclosed with walls. A porch shall be deemed part of the building. "Terrace or patio " -. A level plane or surfaced patio that is less than 18 inches above grade, without a roof, and not supported by any permanent structure. Terraces and patios above grade shall not encroach into required yards. Section 3. Chapter 325 entitled "Zoning ", Section 325- 8A.(10) "Column (10): Maximum Percentage of Lot Coverage by Buildings ", be amended to read as follows: On a lot hereafter used, no greater percentage of total lot area may be covered by principal and accessory buildings above ground. For this purpose, the area covered by principal and accessory buildings shall include all porches, attached or freestanding decks, balconies projecting more than two feet from a building or structure, ramps, and /or landings. This sum, divided by the total lot area, shall not exceed the maximum allowed percentage of lot coverage specified in this column. Section 4. Chapter 325 entitled "Zoning ", Section 325 -18, entitled "Yard regulations" is hereby amended to add clarifying language to section 325 -18A., entitled "Porches ", to read as follows: Section 325 -18A. Porches and structures. All porches, attached or freestanding decks, balconies projecting more than two feet from a building or structure, ramps, and /or landings shall be considered a part of the building in both the determination of required yards and lot coverage. Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. CITY OF ITHACA 109 F. Green Street — 3rd Floor Ithaca, New York 14850 -5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPME N l JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607 - 274 -6550 Community Development /IURA – 607 - 274 -6559 Email: dgrunder @cityofithaca.org Email: iura @cityofithaca.org Fax: 607 - 274 -6558 Fax: 607 - 274 -6558 To: Common Council Svante Myrick, Mayor Julie Holcomb, City Clerk Aaron Lavine, City Attorney Board of Zoning Appeals (BZA) Planning & Development Board Conservation Advisory Council (CAC) Rental Housing Advisory Commission (RHAC) Michael Thorne, Superintendent of Public Works JoAnn Cornish, Director of Planning and Development Mike Niechwiadowicz, Director of Code Enforcement Edward Marx, Tompkins County Commissioner of Planning From: Phyllis Radke, Director of Zoning Administration Date: August 27, 2014 BACK -UP ITEM 10.2 RE: Proposed Amendment to Zoning Ordinance: Percentage of Lot Coverage The purpose of this memo is to provide information regarding a proposal to amend the City Zoning Ordinance so that the area of deck(s), balconies projecting more than two feet from the face of a building, ramps, and landings, in addition to buildings and accessory structures, is included in determining the maximum percentage of lot coverage, a District Regulation requirement. In connection with a proposed project, a design professional raised the issue of whether outdoor, uncovered decks, balconies projecting more than two feet from the face of a building, ramps, and landings, in addition to buildings and accessory structures, are included in determining the maximum percentage of lot coverage. "Maximum percentage of lot coverage" is one of 15 different district regulations that must be reviewed for compliance before a Building Permit can be issued — however, the regulations in our current Zoning Ordinance are vague, if not silent, about what should be included in the maximum percentage of lot coverage calculation. For example, our Ordinance does not have a definition for a "deck" or "porch;" however, Section 325 -18 A. was specifically added to the Ordinance to specify that "open or enclosed porch(es)" must be included in the determination for maximum percentage of lot coverage. Because decks, like porches, are structural platforms connected to a building, the addition of a deck has been considered part of the maximum percentage of allowable lot coverage since at least the 1980s by City zoning officials. From time to time, inconsistent language or archaic definitions or regulations can raise uncertainty about the enforcement of a zoning regulation until the language is corrected or updated. Our Ordinance was rewritten in 1974 and 1977, and has been frequently amended since 1977, but many definitions and regulations were retained from previous City Ordinances, including the 1950 and 1961 Zoning Ordinances. As a result, the meaning of current regulations may rely on a definition originally created for an earlier Ordinance within a different context. This can lead to conflicting interpretations regarding the meaning and intent of our current regulations. The Zoning Ordinance's need for updated regulations that address facets of contemporary land use is also a contributing factor to this enforcement issue. Since the current Zoning Ordinance does not adequately address these structures, an amendment is needed to ensure the continuation of our previous interpretations. If not included in the maximum percentage of lot coverage calculation, the construction of deck additions, balconies projecting more than two feet from the face of a building, ramps, and landings will lead to both diminished green space and pervious ground. Furthermore, if we do not control the extent these structures can cover a lot through the maximum percentage of lot coverage requirement, we risk losing the intended balance, established by the Zoning Ordinance, between required lot size and total building area. Therefore, in collaboration with the City Attorney's Office, I have attached proposed changes to the Zoning Ordinance that, if adopted by Common Council, will require the area of a deck, balconies projecting more than two feet from the face of a building, ramps, and landings to be part of the maximum percentage of lot coverage calculation. An environmental review of this action has been completed and the draft short environmental review form is enclosed, along with the draft ordinance. A Public Hearing for this action will be held on September 10, 2014. Your comments are respectfully requested prior to that meeting. If you have any questions, please feel free to contact me at 274 -6550. Thanks so much. 2 BACK -UP ITEM 10.2 t CITY OF ITIIACA SHORT ENVIRONMENTAL. ASSESSMENT FORM (SEAF) project information (to be completed by applicant or project sponsor) SHORT ENVIRONMENTAL ASSESSMENT FORM pan 1 To Be Completed By Staff —pions in this Short Environmental Assessment Form (SEAF), the preparer is to use currentl • avoilabk- information concernin the project and the like! y impacts of me acuon. Yes No 1. Will project result in a large phvsieal change to the project site or physically alter e X nwrc than one acre of land? 2. Will there be a change to any unique or unusual land form found on the site or to any e X site designated a unique natural area or critical environmental area by a local or state agency? 3. Will the project alter or have any effect on an existing waterway? u X 4. Will the project have an impact on groundwater quality? ❑ X 5. Will the project affect drainage flow on adjacent sites? r7 X 6. Will the project affect any threatened or endangered plant or animal species? ❑ X 7. Will the project result in an adverse effect on air quality? -• X S. Will the project have an effect on visual character ofthe community or scenic views D X or vistas known to be important to the community: 9. Will the project adversely impact any site or structure of'historic, pre - historic, or ❑ X paleontological importance or any site designated a local landmark or in a landmark district? 10. Will the project have an effect on existing or future recreational opportunities? ❑ X 11. Will the project result in traffic problems or cause a major effect to existing ❑ X transportation systems? 12. Will the project cause objectionable odors, noise, glare. vibration. or electrical ❑ X disturbance as a result of the projects operation during construction or after completion? 13. Will the project have any impact on public health or safety? 0 X 14. Will the project affect the existing community by directly causing a growth in ❑ X permanent populations of more than 5 percent over a one -year period OR have a negative effect on the character of the community or neighborhood? 15. Is EM If any question has been answered YES, a com leted Full Environmental Assessment Form (FEAT) is necessary. DATE: $-26 -14- PREPAREWS SIGN ' R1 : PREPARBR'S TITLE: REPRESENTING: It' t 10.3 Community Investment Incentive Tax Abatement Program (CIITAP) Amendments — Resolution WHEREAS, the Community Investment Incentive Tax Abatement Program (CIITAP) provides financial incentives through the Tompkins County Industrial Development Agency (IDA) to encourage appropriate real estate and business investment in the core areas of the City and redevelopment of environmentally contaminated sites, and WHEREAS, the CIITAP program requires a two -step application process whereby applications must first satisfy minimum City of Ithaca eligibility requirements to advance for consideration by the IDA, and WHEREAS, there are currently three eligibility criteria for a CIITAP application to be approved by the City for IDA consideration: 1. Project size — project will increase the assessed value of property by at least $500,000; 2. Project density — project will contain a minimum of 3 stories or constitute a major restoration of an existing building; and 3. Project location — project is located within the Density District or includes a DEC - listed inactive hazardous waste site, and WHEREAS, a CIITAP applicant who is delinquent on taxes, assessments, fees or penalties due to the City or owns one or more properties with one or more violations of local laws or regulations should not be eligible for special assistance through the CIITAP program until the applicant and all properties owned by the applicant come into compliance, and WHEREAS, requiring a CIITAP applicant to remedy existing violations or delinquencies as a condition of eligibility may eliminate violations and bring properties into voluntary compliance without expending enforcement resources; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby amends its Community Investment Incentive Tax Abatement Program policy to include the following fourth eligibility criteria: 4. Municipal compliance — each property in the City of Ithaca owned by the Applicant must be in full compliance with all applicable local laws and regulations, consent agreements, and orders of the Director of Code Enforcement, and current on all taxes, assessments, fees and penalties due to the City, and be it further RESOLVED, for the purposes of the CIITAP municipal compliance requirement, the Applicant shall be deemed to include the following, whether they are natural persons, business entities, or other forms of organization: • For a sole proprietorship, the sole proprietor; • For a Limited Liability Corporation (LLC), all members owning 20% or more of the entity; For a partnership, all general partners and all limited partners owning 20% or more of the equity of the firm; and For a corporation, all owners of 20% or more of the corporation and each officer and director; and be it further RESOLVED, for the purposes of the CIITAP municipal compliance requirement, properties owned by the Applicant in the City of Ithaca shall include any property for which an Applicant has an ownership interest of 20% or more. 14. MAYOR'S APPOINTMENTS: 14.1 Bicycle Pedestrian Advisory Council — Resolution RESOLVED, That David West be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2017.