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HomeMy WebLinkAbout11-05-14 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING – REVISED - A Regular meeting of the Common Council will be held on Wednesday, November 5, 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 A Public Hearing to Consider the Mayor’s Proposed Executive Budget for 2015 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Update from City of Ithaca Youth Council 5.2 Presentation of Proposed Canopy Hotel (Item 13.1) – Scott Whitham 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: 8.1 Planning, Building, Zoning & Economic Development – Acceptance of Public Art Commission’s Another 21 Boxes Project Grant - Resolution 8.2 Human Resources - Approval of 2014-2015 Civil Service Agreement with the Ithaca City School District - Resolution 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: No items were submitted for the agenda 10. CITY ADMINISTRATION COMMITTEE: 10.1 City Attorney – A Local Law to Override The Tax Levy Limit Established in General Municipal Law 10.2 City Controller’s Report 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: Common Council Meeting Agenda November 5, 2014 Page 2 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Alderperson Mohlenhoff - 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 14. MAYOR’S APPOINTMENTS: 14.1 Reappointment to Ithaca Housing Authority Board – Resolution 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the September 3, 2014 Common Council Meeting Minutes – Resolution 18.2 Approval of October 1, 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 contact the City Clerk at 274-6570 at least 48 hours before the meeting. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: October 30, 2014 Revised October 31, 2014 (addition of 13.1) 8. CONSENT AGENDA ITEMS: 8.1 Planning, Building, Zoning & Economic Development – Acceptance of Public Art Commission’s Another 21 Boxes Project Grant - Resolution WHEREAS, the City’s Public Art Commission was awarded a grant through the Community Arts Partnership’s Grants for Arts Program to fund Another 21 Boxes: An Electrical Box Mural Project, and WHEREAS, the grant funds will be used for artist stipends, supplies, and maps of the project; now, therefore, be it RESOLVED, That Common Council hereby accepts the Grants for Arts Program from the Community Arts Partnership in the amount of $2,510 and amends the 2014 Department of Planning, Building, Zoning, & Economic Development authorized budget as follows: Increase Revenue Account: A8020-3989 Planning State Aid $2,510 Home & Community Increase Appropriations Account: A8020-5435 Planning Contracts $2,510 8.2 Human Resources - Approval of 2014-2015 Civil Service Agreement with the Ithaca City School District - Resolution RESOLVED, That the Mayor and City Controller be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the City for services in connection with Civil Service matters, for the period July 1, 2014, to June 30, 2015, in an amount of $66,170, payable to the City of Ithaca on or before December 1, 2014. AGREEMENT THIS AGREEMENT made the day of , 2014, by and between the CITY OF ITHACA, a municipal corporation of the State of New York, hereinafter referred to as the “City”, party of the first part, and CITY SCHOOL DISTRICT, CITY OF ITHACA, a municipal corporation of the State of New York, hereinafter referred to as the “School District”, party of the second part. WITNESSETH: WHEREAS, the Board of Education of the School District desires to enter into a contract with the City for the performance by the City of certain services, to avoid duplication and unnecessary expense, particularly services in connection with Civil Service matters on behalf of the School District, pursuant to Section 2503, subparagraph 16, of the New York Education Law, and WHEREAS, the total number of classified Civil Service employees on the payrolls of the City and the City School District for the final payroll period in December 2013 was 873, and WHEREAS, the actual annual expenditures for the Civil Service Commission of the City of Ithaca for the 2013 fiscal year of the City was $117,887; NOW, THEREFORE, the parties hereto agree as follows: 1. That for the services rendered and to be rendered by the City for the School District during the School District fiscal year, which is July 1, 2014, through June 30, 2015, the School District shall pay to the City a lump sum of $66,170 payable on or before December 1, 2014. 2. In consideration of such payment, the City agrees: (a) to furnish the School District the part-time services of the Civil Service Commission of the City of Ithaca and the members of its staff, and the City Clerk and the members of her staff; and (b) to handle the records and perform any other necessary Civil Service services relating to Board of Education employees in the classified service, including examinations and tests when required. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ITHACA, NEW YORK By: ________________________ Mayor ATTEST: ________________________ City Clerk CITY SCHOOL DISTRICT CITY OF ITHACA, NEW YORK By: ________________________ ATTEST: ________________________ School District Clerk 10. CITY ADMINISTRATION COMMITTEE: 10.1 City Attorney – A Local Law to Override The Tax Levy Limit Established in General Municipal Law Local Law 2014 – BE IT ENACTED by Common Council of the City of Ithaca as follows: Section 1. Legislative Intent It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal year commencing January 1, 2015, that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal law §3-c. Section 2. Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3. Tax Levy Limit Override The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2015, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If court determines that any clause, sentence, paragraph, subdivision, or part of this local law or application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective Date This local law shall take effect immediately upon filing with the Secretary of State. 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Alderperson Mohlenhoff - 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 façade 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. 14. MAYOR’S APPOINTMENTS: 14.1 Reappointment to Ithaca Housing Authority Board – Resolution RESOLVED, That Valerie Wilson be reappointed to the Ithaca Housing Authority Board with a term to expire October 17, 2019.