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HomeMy WebLinkAbout12-03-14 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, December 3, 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: 3.1 Quarterly Employee Recognition Award Presentation 4. SPECIAL ORDER OF BUSINESS: 4.1 Annual Pride of Ownership Awards – Scott Whitham 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Presentation – Update from Disability Advisory 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 Department of Public Works - Amendment to Personnel Roster – Modification of Work Hours for a Position in the Ithaca Area Wastewater Treatment Facility (IAWWTF) - Resolution 8.2 Finance – Authorization to Cover Red Accounts - Resolution 8.3 Controller – Request to Amend Budget to Account for 2014 Tompkins County Celebrations Grant - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Fire Department - One-Year Extension of Town-City Fire Contract Pending Further Negotiations - Resolution 9.2 Power Purchase Agreement with Solar City for Solar Farm - Resolution 9.3 DPW - Lake Street Public Park Enhancements - Resolution 9.4 City Controller’s Report Common Council Meeting Agenda December 3, 2014 Page 2 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Public Art Commission (PAC) Resolution to Select Artwork for the Dryden Road Parking Garage Mural Project 10.2 Disposition of City-Owned Land at 617 Five Mile Drive - Resolution a) Lead Agency – Resolution b) Determination of Environmental Significance – Resolution c) Authorization for Disposition – Resolution 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14. MAYOR’S APPOINTMENTS: 14.1 Appointment to Planning and Development 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 November 5, 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: November 25, 2014 BACK-UP INFORMATION – ITEM 5.1 2013 Disability Advisory Committee (DAC) Survey Summary: Challenges and Recommendations Prepared For: Ithaca City Common Council Survey and Summary Overview: This electronically based survey was advertised broadly throughout city in Fall, 2013. We had 85 people respond. We asked them to check off any of the listed challenges they believe an individual with a disability faces in Ithaca, with the option of checking “other” and writing in. They were then asked the open ended question, “What do you think could be done to remove these obstacles”. Below is a summary of the trends in challenges cited, as well as recommendations offered by our community members. Challenges for people with disabilities, as cited by survey responders:  81% cited Broken/missing sidewalks    Nearly 60% cited poor snow and ice removal.    Nearly 50% cited trees and bushes obstructing pathways, sidewalks, or  crosswalks.    46% cited doors too heavy to open, or not having automatic door openers   30% cited cars or other vehicles blocking/parking across sidewalks.   14.5% cited no audible cross walk signals.   Nearly 3% said there was need for more effective communication methods to be  provided via city website, while over 10% cited effective communication needs to  be more present at city meetings.   Trends seen in open ended comments were:   o Lack of accessible parking options and/or accessible parking spaces being  taken by others without disability placards, including city  employees/offices.  o Crosswalk pedestrian time far too short or that they display “walk” when  drivers still have green light to go.  o More comments re/ manmade obstructions on sidewalks, such as tables  and chairs on sidewalks, trees on curbs, providing little walking space  between/around, etc.   o Other people, including city employees, lacking awareness, education, or  appropriate attitudes toward individuals with disabilities and their needs.  Recommendations/Suggestions:  ENFORCEMENT AND EDUCATION: a majority of responders cited the need for  widespread education on the above issues, as well as for the City and Police to  hold property and business owners responsible/accountable. Specific suggestions  include:  o Stronger education and enforcement, such as through issuing fines, when  owners don’t keep sidewalks clear of obstructions and/or snow/ice  o Ticketing people who violate accessible parking rules  o Install signage where parking is restricted so as to not block accessible  spaces or entrances  o Educating TCAT drivers more about driving slower  o Educating everyone more about disability issues and needs  o Including information on city website about how to report problems like  this as well as how to get ahold of the DAC.     FOCUS ON SNOW AND ICE REMOVAL/MAINTENANCE: City needs to prioritize  this more.  One person suggested that the City keep a registry of community  members/volunteers who can shovel or who the City can hire to do snow  removal, such as for elderly and disabled people.   FIX BROKEN SIDEWALKS AND CURB CUTS: this included fixing other barriers that  exist, but primary emphasis was on sidewalks.    IMPROVE CROSS WALKS: install audible cross walks, more time for pedestrians,  and clear messages to pedestrians and drivers.    INSTALL AUTOMATIC DOOR OPENERS: at all public facilities.   INCREASE ACCESSIBLE PARKING OPTIONS: Increase both the number as well as  the location so that closer to building entrances and path of travel.    IMPROVE COMMUNICATION AT CITY MEETINGS: provide priority seating for  people with visual/hearing disabilities; give information in multiple formats (i.e.  Braille, electronically, etc).    INVOLVE PEOPLE WITH DISABILITIES IN PLANNING:  A few people emphasized  the need for incorporating accessibility improvements during construction and  renovations and that citizens with disabilities should be sought out/consulted  during the planning and review phases.   8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Department of Public Works - Amendment to Personnel Roster – Modification of Work Hours for a Position in the Ithaca Area Wastewater Treatment Facility (IAWWTF) - Resolution WHEREAS, to provide adequate administrative support to the Ithaca Area Wastewater Treatment Facility (IAWWTF) the Water and Sewer Division of the City of Ithaca Department of Public Works requested and received an increase in the workweek of an Administrative Coordinator from twenty (20) hours/week to thirty (30) hours/week. This was accomplished by resolution of item 8.5 of the Common Council Agenda on September 5, 2012; and WHEREAS, the IAWWTF the Water and Sewer Division of the City of Ithaca Department of Public Works again requested and received an increase in the workweek of an Administrative Coordinator from thirty (30) hours/week to thirty five (35) hours/week. This was accomplished by resolution of item 8.3 of the Common Council Agenda on February 12, 2014; and WHEREAS, it is again our experience over the time period of February 19, 2014, to date that this position demands no less than forty (40) hours/week; and WHEREAS, this shortfall in Administrative support stems from the fact that prior to August 11, 2012, the Water & Sewer Division had four (4) administrative personnel funded on their roster including 1-Administrative Coordinator (20-hrs/wk), 1-Administrative Assistant (40-hrs/wk), and 2-Financial Management Assistants (40-hrs/wk each). Subsequent to August 11, 2012, there is only the Administrative Coordinator, and 2-Financial Management Assistants. With the budget constraints for 2013 they opted to increase the hours of the Administrative Coordinator rather than fill the vacant Administrative Assistant position; and WHEREAS, to allow the Water & Sewer Division the personnel time resources to cover the administrative needs of the IAWWTF, the Water Treatment Plant, and the Water & Sewer Division’s main office; now, therefore, be it RESOLVED, That the workweek of one Administrative Coordinator position in the Water and Sewer Division of the Department of Public Works be and hereby is increased from thirty five (35) hours/week to forty (40) hours/week starting January 1, 2015; and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at eight (8) hours per day (forty (40) hours per week); and be it further RESOLVED, That said roster amendment has been funded within the 2015 Authorized Budget for both the Water and Sewer Division and the IAWWTF. 8.2 Finance – Authorization to Cover Red Accounts - Resolution RESOLVED, That the City Controller be empowered to make transfers within the 2014 Budget appropriations, as needed, for the remainder of the 2014 Fiscal Year. 8.3 Controller – Request to Amend Budget to Account for 2014 Tompkins County Celebrations Grant - Resolution WHEREAS, during 2014, the City of Ithaca received $26,500 in funds from Tompkins County to support 15 local Community Celebrations, and WHEREAS, the City acts as a pass through for these Community Service Grants and needs to amend the 2014 Budget to account for the grants; now, therefore be it RESOLVED, That Common Council hereby amends the 2014 authorized budget as follows to account for various Community Service Celebrations grants received from Tompkins County: Increase Revenue Account: A1012-2379 Community Celebrations $26,500 Increase Appropriation Account: A1012-5435 Celebration Contracts $26,500 9. CITY ADMINISTRATION COMMITTEE: 9.1 Fire Department - One-Year Extension of Town-City Fire Contract Pending Further Negotiations - Resolution WHEREAS, the existing agreement between the Town of Ithaca and the City of Ithaca by which the Ithaca Fire Department provides service to the Town of Ithaca is set to expire on December 31, 2014; and WHEREAS, the City and the Town have commenced negotiations towards a renewal of this agreement; and WHEREAS, the negotiators for the City and the Town agree that these negotiations cannot realistically be completed before the expiration of the agreement; and WHEREAS, the City and the Town are desirous of continuing the existing arrangement until such time as the parties are able to conclude negotiations with a new agreement; now, therefore, be it RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to execute an agreement substantially as included herewith, extending by one year the term of service under the existing Town-City agreement. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding, executed on December __, 2014, sets forth the understanding of the parties as follows: A. Effective January 1, 2010, the City of Ithaca and Town of Ithaca entered into a renewed fire protection contract, for the provision of fire and emergency medical services for a portion of the Town of Ithaca; and B. That fire protection contract by its terms expires on December 31, 2014; and C. The provisions of said contract will continue in force through December 31, 2015, while negotiations on the terms and conditions of a new contract progress; and D. The Town’s 12 monthly payments pursuant to Section 5 of said contract throughout 2015 shall be based upon an annual sum of $3,177,504 for 2015, and the “adjustment” to that annual sum, as described in Section 5(d) of said contract, shall be calculated, and paid on such a schedule, as specified in Section 5 of the Agreement, premised upon a termination date of December 31, 2015; and E. The terms and conditions, as amended by this Memorandum of Understanding, of the contract entered into between the parties effective January 1, 2010, shall be extended and continue in full force and effect through December 31, 2015, unless the parties mutually agree to different terms prior to such date. SO AGREED: CITY OF ITHACA TOWN OF ITHACA By: ____________________________ By: ____________________________ Svante L. Mayrick, Mayor Herb Engman, Supervisor TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 HIGHWAY (Roads, Parks, Trails, Water & Sewer) 273-1656 FAX (607) 273-1704 or (607) 273-5854 9.2 Power Purchase Agreement (PPA) with Solar City for Solar Farm - Resolution WHEREAS, The City of Ithaca Energy Action Plan 2012-2016 recommends exploring renewable energy options to power City facilities, and the City of Ithaca Renewable Energy Opportunities report identifies solar photovoltaic systems as one of the most feasible technologies; and WHEREAS, in 2006 the City of Ithaca Common Council adopted the Local Action Plan, which commits to reducing greenhouse gas (GHG) emissions from municipal operations by 20% below 2001 levels by 2016, and in 2013 Common Council adopted the City of Ithaca Energy Action Plan 2012-2016, which commits to reducing GHG emissions community-wide by 80% below 2010 levels by 2050; and WHEREAS, MEGA, the Municipal Electric and Gas Alliance, through its competitive bidding process selected Solar City as a preferred provider for solar procurement; and WHEREAS, Solar City has proposed developing, building, owning and maintaining a 2,400 kilowatt DC solar farm located on Tompkins County land near 766 Warren Road, Ithaca, and selling all of the generated electricity and renewable energy credits to the City under a 20-year Power Purchase Agreement (PPA); and WHEREAS, Tompkins County has agreed to host the solar farm on its land; and WHEREAS, the proposed two-megawatt solar farm will generate an estimated 2,763,805 kilowatt hours annually, enough GHG-emissions-free electricity to provide an estimated 30% of City government’s 2010 electricity needs; and WHEREAS, for each kilowatt hour generated by the solar farm, the City will receive an estimated $0.105 (10.5 cents) credit from NYSEG, and pay an estimated $0.079 (7.9 cents) combined to Solar City and Tompkins County; and WHEREAS, Solar City applied for project funding on behalf of the City to New York State Energy Research and Development Authority (NYSERDA) under Program Opportunity Notice (PON) 2956, and in October 2014 was awarded $903,538; and WHEREAS, Solar City must provide NYSERDA with a copy of the fully executed PPA by January 15, 2015, to secure the funding; and WHEREAS, the PPA and associated documents, as well as an agreement with the County are currently under negotiation; now, therefore be it RESOLVED, That Common Council is supportive of entering into the Power Purchase Agreement with Solar City provided that the City can come to mutually agreeable terms with the County and Solar City; and be it further RESOLVED, That the Mayor, subject to review by the City Attorney, City Controller, and Sustainability Coordinator, is hereby authorized to execute all necessary documents, including but not limited to the Solar Power Purchase Agreement, Performance Guarantee Agreement, Limited Warranty Agreement, and any agreement with the County for use of the land. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 MAYOR’S OFFICE NICK GOLDSMITH, SUSTAINABILITY COORDINATOR Telephone: 607-274-6562 Email: ngoldsmith@cityofithaca.org Fax: 607-274-6558 November 10, 2014 Memo to Common Council Re: Draft Resolution - Power Purchase Agreement with Solar City To Common Council: The Sustainability Coordinator, with support from the office of the Mayor, the City Attorney, the City Controller, and other City departments, is managing the Solar Farm project, through which the City would sign a Power Purchase Agreement with Solar City to buy the clean electricity generated by a 2,400 kilowatt solar farm located on County property near the airport, reducing GHG emissions and saving the City money. Because there are impending deadlines, but the PPA and related agreements are still under negotiation, we are collectively seeking Common Council approval of the attached resolution, which authorizes the Mayor to sign the necessary documents if and when all parties named in the resolution have given approval. Please review the attached resolution and PPA. There are two companion documents to the PPA: the Performance Guarantee Agreement, and the Limited Warranty Agreement. If you would like additional background information, you can review the application that Solar City submitted to NYSERDA on the City’s behalf, which is also attached. Thank you for your consideration of the resolution for this exciting project. Sincerely, Nick Goldsmith Sustainability Coordinator City of Ithaca, NY Town of Ithaca, NY 9.3 DPW - Lake Street Public Park Enhancements - Resolution WHEREAS, Currently, the City of Ithaca Department of Public Works has undertaken a project to rehabilitate Lake Street Bridge over Fall Creek; and WHEREAS, the project for the rehabilitation of the Lake Street Bridge Over Six Mile Creek, P.I.N. 375534 (“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA) that provides for reimbursement of up to 80% of expenditures incurred by the City for rehabilitation of the bridge; and WHEREAS, the City of Ithaca established Capital Project #791 for the Project in the amount of $1,464,250; and WHEREAS, Department of Public Works staff recommends Lake Street Public Park safety improvements and aesthetic enhancements (the “Enhancements”) to the existing public park located at southeast corner of Lake Street Bridge over Fall Creek; and WHEREAS, the “Enhancements” are not included in the project budget and are not eligible for reimbursement by the FHWA; and WHEREAS, the estimated additional cost to implement the “Enhancements” is $195,000; and WHEREAS, the “Enhancements” will be eligible for funding from various sources; and WHEREAS, the Department of Public Works has received approval for $30,000 in matching funds from the Ithaca Urban Renewal Agency-Community Development Block Grant; and WHEREAS, the Department of Public Works can charge a portion of eligible cost against the City’s Sidewalk Program; and WHEREAS, the “Enhancements” will be eligible to apply for funding from Tompkins County Tourism Capital Grant program in 2015; now therefore be it RESOLVED, That Common Council Authorizes Public Works Staff to undertake said “Enhancements” as part of Lake Street Bridge Rehabilitation Project; and be it further RESOLVED, That, Common Council here by approves an increase of Capital Project #791, Lake Street Bridge Rehabilitation Project by an amount not to exceed $195,000, for a total project authorization of $1,659,250; and be it further RESOLVED, That funds needed for said amendment shall be derived from $30,000 in IURA block grants, sidewalk program funds, possible tourism capital grant and the issuance of Serial Bonds. CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 OFFICE OF THE CITY ENGINEER Telephone: 607/274-6530 Fax: 607/274-6587 MEMORANDUM TO: City Administration Committee (CA) FROM: Addisu Gebre- Bridge System Engineer DATE: November 19, 2014 RE: Lake Street Public Park Enhancements This memo is intended to provide information regarding proposed Lake Street Public Park Enhancements. Lake Street Public Park Enhancements (“the Enhancements”) proposes safety improvements and aesthetic enhancements to Lake St. Bridge Public Park including safe pedestrian trail and stairs to adjacent Fall Creek-Ithaca Falls. Currently, the City of Ithaca Department of Public Works has undertaken a project to rehabilitate Lake Street Bridge over Fall Creek and the Enhancements will be coordinated with Lake St. Bridge Rehabilitation Project (CP#791- Federal-Aid Project ). The Enhancements will likely include the following components: • New stairway construction down to Fall Creek; • Plaza Landscape Enhancement; • Bike racks installation; • Ornamental steel picket fence extension; • Construction of a new section of sidewalk; • Interpretive signage installation; • Addition of plantings; • Installation of Landscape Bollards; and • Construction of new streetscape features at Lake Street intersection such as crosswalks and handicap access ramps. Expected Benefits to Results from the Enhancements are: • Safety improvements in the area; • Increase in number of visitors/end-users; • Contribution to the local economy; and • Achieving local/State/Federal Environmental and Public Park Standards; Project Costs and Funding: The total estimated project cost is $195,000 and project funding will be derived from Ithaca Urban Renewal Agency (IURA)-Community Development Block Grant and City of Ithaca serial bond financing. (With possible additional funding from City of Ithaca Sidewalk Program and Tompkins County Tourism Capital Grant Program). IURA -Community Development Block Grant provides $30,000 in the matching funds and $165,000 is expected from City of Ithaca serial bond financing. Implementation Schedule: Data Collection & Analysis: January,2015 Preliminary Design: February, 2015 Detail Design:April,2015 Construction: September,2015 If you have any questions, please contact me at (607) 274-6530 or agebre@cityofithaca.org 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Public Art Commission (PAC) Resolution to Select Artwork for the Dryden Road Parking Garage Mural Project Mural WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces; and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work; and WHEREAS, the Board of Public Works approved several locations for future murals and street art by resolution on May 19, 2010, and the City’s Dryden Road Parking Garage was added to this list of approved locations by the Board on July 14, 2014; and WHEREAS, the City’s Parking Division has requested that the PAC seek multiple murals for the Dryden Road Parking Garage to enliven dark areas within the garage while also deterring graffiti and reducing ongoing maintenance costs; and WHEREAS, the PAC issued a Call for Proposals in August 2014 and received 18 submissions for the project; and WHEREAS, the PAC reviewed all of the submissions at its meetings on September 24, 2014 and October 22, 2014, and voted to recommend that Common Council select the artwork submitted by nine artists, as shown in “Dryden Road Parking Garage – Recommended Mural Proposals,” to be installed on walls within the Dryden Road Parking Garage; and WHEREAS, the murals will be visible primarily to those within the parking garage, but the selected proposals have been distributed for public comment; and WHEREAS, the project will include nine murals and will receive one-time funding through the Parking Division’s existing 2014 budget, in a total amount not to exceed $5,875; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects the submissions of the following artists for the Dryden Road Parking Garage Mural Project, as recommended by the Public Art Commission: Dan Burgevin, Kellie Cox-Brady, Aindriais Dolan, the Junior Youth Group, Steav Kim, Eric Lindstrom, Kurt Piller, Margaret Reed, and Nate Waterman; and be it further RESOLVED, That the selected artists may proceed with the installation of their murals at their assigned locations within the Dryden Road Parking Garage upon the execution of an agreement with the City (as reviewed by the City Attorney). Dryden Road Garage Photos Dryden Road Garage Photos (con’t) Dryden Road Parking Garage – Recommended Mural Proposals October 2014 “Jewels Humans/Diatoms” by Dan Burgevin “Magnolia grandiflora – Southern Magnolia” by Kellie Cox-Brady “Ithaca Portal” by Aindriais Dolan “Do We Still Have Time?” by Junior Youth Group “Shutterfish” by Steav Kim “Out to Dry” by Eric Lindstrom “Severe Tiger Damage” by Kurt Piller “I Would Like You” by Margaret Reed “Playful Creatures & Tentacles” by Nate Waterman 10.2 Disposition of City-Owned Land at 617 Five Mile Drive - Resolution a) Declaration of Lead Agency – Resolution WHEREAS, the City of Ithaca Common Council is considering sale of an approximately 3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca, NY (part of tax parcel #31.-2-6) through a competitive sealed bid process to New Earth Living, LLC; and WHEREAS, the proposed sale of more than 2.5 acres of contiguous land is a Type 1 Action under the City Environmental Quality Review Ordinance (CEQRO); and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions 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, no other agency than the City of Ithaca Common Council has jurisdiction to approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed sale of an approximately 3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca, NY (part of tax parcel #31.-2-6) to New Earth Living, LLC. b) Determination of Environmental Significance – Resolution WHEREAS, the City of Ithaca Common Council is considering sale of an approximately 3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca, NY (part of tax parcel #31.-2-6) through a competitive sealed bid process to New Earth Living, LLC; and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action; and WHEREAS, such proposed action for the transfer or sale of more than 2.5 contiguous acres of land is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQR”) and an Unlisted Action under the State Environmental Quality Review Act (“SEQR”), both of which require environmental review; and WHEREAS, a Full Environmental Assessment Form (FEAF) and supporting information has been provided to the City of Ithaca Conservation Advisory Council and Natural Areas Commission for review of the proposed action and no comments have been received to date; and WHEREAS, the Common Council for the city of Ithaca, acting as Lead Agency, has reviewed the FEAF prepared by IURA and City planning staff; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca, as Lead Agency in this matter, adopts as its own, the findings and conclusions more fully set forth in the FEAF; and be it further RESOLVED, That the Lead Agency hereby determines that the proposed action at issue will not have a 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) Authorization for Disposition of City-Owned Land – Resolution WHEREAS, the City of Ithaca Common Council is considering sale of an approximately 3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca, NY (part of tax parcel #31.-2-6) to New Earth Living LLC; and WHEREAS, on December 13, 2013 Common Council authorized a competitive sealed bid process to offer for sale a 3-acre sub-parcel (City Property), subject to the following terms: Minimum Price: Fair Market Value to be determined by appraisal to be conducted after receipt of bids. Compliance with Subdivision & Zoning Regulations: Purchaser must identify how conveyance of the 3-acre sub-parcel will comply with Town of Ithaca subdivision and zoning regulations. As the sub-parcel lacks street frontage, it appears that consolidation with an existing adjoining parcel will be required. Future Use: Open space, agricultural and/or residential use. Easement: Sale will be subject to retention of a public easement across the sub-parcel for access by vehicles and pedestrians to the City-owned Southwest Natural Area located east of the railroad tracks. Additional Purchaser Expenses: Appraisal and lot consolidation expenses. Disclaimer: City reserves the right to reject any and all bids. and WHEREAS, the Common Council further stipulated that the bid award is subject to completion of environmental review, including advice of the Natural Areas Commission, and approval by the Common Council; and WHEREAS, on May 6, 2014 the Ithaca Urban Renewal Agency (IURA) issued and publicly advertised an Invitation For Bids for the City Property; and WHEREAS, one bid at $10,000 was received from New Earth Living LLC to purchase the City Property; and WHEREAS, an appraisal was conducted at the expense of the prospective purchaser that concluded the fair market value of the City Property is $16,875, so the initial bid was rejected; and WHEREAS, a revised sealed bid offering that established the minimum acceptable bid at $16,875 was issued on July 30, 2014; and WHEREAS, one bid at $16,875 was received from New Earth Living LLC to purchase the City Property; and WHEREAS, New Earth Living LLC developed the Aurora Street pocket neighborhood project at the 500 block of North Aurora Street; and WHEREAS, New Earth Living LLC proposes to consolidate the City Property with an adjacent parcel located at 619 Five Mile Drive for development of an approximately 30- unit clustered residential subdivision known as “Amabel”; and WHEREAS, the City Property is proposed to be used as a natural area for storm water management and a dog park for residents, though final plans for the project may evolve as the project proceeds through the Town’s approval process; and WHEREAS, environmental review for sale of this land has been completed; and WHEREAS, the City Charter requires approval by 3/4s of the Common Council to authorize sale of real property; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes disposition of an approximately 3-acre, unimproved, sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca NY (part of tax parcel 31.-2-6) to New Earth Living LLC at a sale price of $16,875, subject to the following conditions: 1. Subdivision and consolidation of the sub-parcel with an adjacent parcel in conformance with Town of Ithaca land use regulations; 2. Retention of a public easement across the sub-parcel for access by vehicles and pedestrians to the City-owned Southwest Natural Area located east of the railroad tracks bounding the sub-parcel; and 3. Purchaser shall be responsible for the following costs in addition to the bid purchase price: • Lot subdivision and consolidation • Sellers closing cost expenses, including legal, title and boundary survey as applicable. And be it further RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to execute agreements to implement this resolution, including but not limited to a purchase and sale agreement and conveyance of deed; and be it further RESOLVED, That expenses of the IURA directly associated with marketing and sale of the property shall be reimbursed from sale proceeds. 14. MAYOR’S APPOINTMENTS: 14.1 Appointment to Planning and Development Board – Resolution RESOLVED, That Mark Darling be appointed to the Planning and Development Board to fill a vacancy as the liaison from the Board of Public Works, with a term to expire December 31, 2016.