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.