HomeMy WebLinkAbout09-11-13 Planning and Economic Development Committee Meeting Agenda PEDC Meeting
— � DATE: September 11, 2013
a 1, Planning and Economic Development Committee p
U ' �ny Ithaca Common Council TIME: 6pm
LOCATION:3rd floor
City Hall Council Chambers
AGENDA ITEMS
Item Voting Presenter(s) Time
Item? Start
1) Call to Order/Agenda Review No Chair, Seph Murtagh 6:00
2) Special Order of Business 6:05
a) Public Hearing—IURA Disposition of Parcel Yes
"D" of the Cayuga Green Project
b) Special Presentation—Downtown Smoking No Ted Schiele,Tobacco Free Tompkins
Survey
3) Public Comment and Response from Committee No 6:30
Members
4) Announcements, Updates,and Reports No 6:50
5) Action items—Voting to Send on to Council
a) IURA disposition of Parcel "D" of the Cayuga Yes Nels Bohn, IURA staff 7:00
Green Project
b) Neighborhood Improvement Incentive Fund Yes Megan Wilson, planning staff 7:20
Application, Fall Creek Block Party
c) Mural Proposals Yes Megan Wilson, planning staff 7:30
6) Discussion
a) Zoning Working Group No Phyllis Radke, Director of Zoning 7:45
Administration
7) Review and Approval of Minutes Yes 8:15
a) August 14, 2013 (sent under separate cover)
8) Adjournment Yes 8:30
If you have a disability and require accommodations in order to fully participate, please contact the City Clerk's Office at
274-6570 by 12:00 noon on Tuesday, September 10, 2013.
Item # 2 a
Affidavit of Publication
State of New York ss;
Tompkins County
Cindie L.Day being duly sworn,deposes and
says that she is the Information Management
Specialist in the City Clerk's Office,and that a
notice, of which the annexed is a true copy,
was published in The Ithaca Journal,the City
of Ithaca's Of trial wsp�p�,
and t_hAt the first blic "o o ai 1 " e was Public Hearing
{I(' I city of Ithaca
JL��i Ai Proposed Disposition
of Property
Cayuga Green Project
=Parcel°D"(217 S.
Cayuga Street)
A public hearing will be held
�Mandworn befOje 121e OnS tee er 1 Wednesday,
September 11, 2013, in
" Council Chambers of City i
Hall, 108 E.Green Street;`
Ithaca,NY on a proposed.
sales contract of real-prop-'
arty by the Ithaca Ulben',
Renewal Agency(IURA)to
Cayuga Green II LLC;the
City's preferred developer.
Type of Disposition:
Purchase agreement for
SARAH L. MYERS fee simple ownership
Notary Public,State of New York Sellers
Registration No.4974948 IURA
.Purchaser.
Glua!ified in Tompkins Count Cayuga Green II,LLC
Commission Expires Nov.26,21) Properly: Parcel T'of
the Cayuga.Green.project,
located at 21.7 S. Cayuga
Street, Ithaca, NY,an ap-
proximately 1/2 acre parcel
located east:of the Cayuga
parking garage:(tax parcel
#81.-2-4). -
Purchase Price:'
$280,000, including a
$20,000 non-refundable de-
posit of seller contingen.
cies'are not satisfied.
Major Terms:
1. Project must consist of,
construction of no less
than thirty (30) rental
and/or for-sale housing
units;
2. Project not eligible.for.
any tax abatement Incenry
lives;and
3. Seller.contingencies to
be satisfied by December.
31,2013t
A. Purchaser shall submit
proof of final site develop-'
ment plan;approval for the,
project
B. Purchase shall submit:
proof of issuance of a build-
ngpermit for the project.
C. Purchaser;shall submit
proof that all project flnanc-
Ing has been secured to
complete the project.
City of Ithaca Common
Council -approval is re-
quired to approve the
above—referenced sales
contract. Written com-
ments may be sent to
Common Council,c/o City
Clerk,City of Ithaca,108 E.
Green Street, Ithaca, NY
14850. For more informs-
bon contact.Nels Bohn.at
(607) .274-6547 or at
nerab®cltyofitheca:Ong
8/31/2013
Business Survey of Outdoor Smoking in Downtown Ithaca Item # 2 b
Is smoking in public places a problem
with your business or employees at this
time?
;swereo: /k mppea: :..
Yes
No
0% 20% 40% 60% 80% 100%
Answer Choices Responses
Yes 64.86% 48
No 35.14% 26
Total 74
# If"Yes", Please Explain Date
1 people still smoke under my store overhang at 102 the commons. In front of, and around to the Cayuga st. 8/29/2013 1:36 PM
side. Ironically,they consistently smoke next to the"No Smoking"sign.There is also an alley/driveway behind
my business that smokers congregate in.
2 People smoke all day long in front of my business, in front of a smoke-free sign,comer of Cayuga and Green 8/26/2013 1:25 PM
3 We are a Charter High School and students are smoking on the sidewalks outside the school...first it's illegal for 8/20/2013 7:40 PM
under age youth to smoke, second it's not a good example of conduct for other students,community
members,or visitors.
4 students smoking during the school day on cayuga st. 8/20/2013 10:37 AM
5 As a teacher at New Roots Charter School, it is very difficult to educate students about the negative effects 8/19/2013 6:42 PM
of smoking when we have people smoking in front and around our school. It is also challenging to support those
students trying to quit smoking.
6 Students smoking promotes a negative image of the school. 8/19/2013 2:00 PM
7 I'm a New Roots Charter School employee.There are problems with our students smoking and with the public 8/19/2013 12:57 PM
smoking our building.
8 Some of our students will smoke in front of businesses out of convenience. 8/19/2013 12:44 PM
9 Adults who hang out in front of the State Theater smoking create an uncomfortable situation for some of my 8/19/2013 12:07 PM
young students moving between classes.
10 students smoke around the building 8/15/2013 8:15 PM
11 Some of our students smoke, and the ease with which students can get cigarettes--either from friends or from 8/15/2013 5:43 PM
businesses who sell to underage smokers--means more of our students pick up the habit. I acknowledge that
we as a school need to do more on this issue and we are working on it, but community support(police issuing
tickets, businesses not selling cigarettes to minors, positive ways for youth to get involved in anti-tobacco
campaigns and smoking cessation programs)would help a great deal.
12 underage smoking, litter. 8/15/2013 3:07 PM
13 all the time 8/15/2013 2:01 PM
14 We have signs located around our business and they appear to be ignored. 8/15/2013 1:49 PM
15 Yes--we have students who smoke and we are trying to curtail this issue both for their health and the public 8/15/2013 1:20 PM
health.
1 / 14
Business Survey of Outdoor Smoking in Downtown Ithaca
16 1 work at New Roots Charter School and despite the T-Free zone signs, community members continue to smoke 8/15/2013 9:42 AM
in front of our building and along the 100 block. It's difficult for us to keep our tobacco addicted students from
smoking in the smoke free zone. We need help enforcing this ordinance. Less presence of smokers on the 100
block of Cayuga will help us keep non-smoking students from becoming smokers. Please issue more tickets.
Thank you for City Police coordination with our staff in helping reduce student smoking in general.
17 1 can not open the door because people are always smoking. The smell gets into the store. 8/14/2013 12:41 PM
18 Smoking occurs regularly in front of the business across the street where people gather to smoke, as well as 8/14/2013 11:47 AM
regularly by folks walking by.
19 When door is open 8/13/2013 11:19 AM
20 Smoking ban not enforced in fromt of our main entrance 8/13/2013 11:17 AM
21 1 work at a corner business 8/13/2013 11:15 AM
22 Seconda hand smoke is infurious to others. 8/13/2013 11:14 AM
23 Kids-adults smoke out front about 4 ft from front door 8/13/2013 11:02 AM
24 Tompkins County DSS clients smoke near the entrance and at the benches near the no smoking signs. 8/12/2013 4:27 PM
25 People still smoke outside the front of the library while they are waiting on the bus. This is an unpleasant 8/12/2013 2:08 PM
experience for those entering the building(Particularly parents&children)Likewise they leave cigarette buts
and trash outside.
26 the butts all over the ground outside our back door-people think the world is their ashtray. I'm baffled that 8/12/2013 11:55 AM
people still do this!And of course the smoke is never pleasant.
27 It's disgusting,you cannot walk out of the building without having to walk through smoke. Both employees and 8/12/2013 8:45 AM
clients lean against the building to smoke, you have to walk right through it. Employees stand right outside the
back employee entrance and smoke, block the sidewalk.Terrible and disgusting, smoke and kill yourself-I
don't care, but I care when I have to walk through and inhale your disgusting smoke
28 People smoke outside my building all the time,some of them literally right next to no smoking signs. 8/12/2013 8:18 AM
29 The smoking ban ends on Green Street across from the Library.There are groups of smokers around the library 8/12/2013 7:49 AM
and at the bus stops almost constantly. They congregate and block access and are not always well behaved.
30 Smoking is banned on Commons 8/11/2013 9:16 PM
31 1 work at the Tompkins County Public Library.There is a consistent problem with loitering/smoking outside the 8/11/2013 3:53 PM
library. I wish I were able to approach and enter my place of work without walking through a cloud of smoke.
Furthermore, I think it's important that the library is seen as a healthful, safe environment for our community
members.The smoking problem damages the Library's reputation and discourages patrons from coming to the
library.
32 The current ordinance puts smokers across the street from my entrance. 8/10/2013 12:45 PM
33 Several people congregate outside the workplace and smoke. 8/10/2013 12:35 PM
34 Even though smoking in open air spaces might not seem like a big deal, having to walk around the downtown 8/10/2013 10:13 AM
area through clouds of smoke is quite bothersome. I'm new to Ithaca,and have seen the T-Free zone signs
very often, so I don't feel it's a matter of more signs or larger signs.The signs just need to be enforced.
35 people smoke next to the library where I work all the time 8/10/2013 10:11 AM
36 Congregating locals in our parking lot and on the sidewalks surrounding our facility is unsightly and projects an 8/10/2013 8:53 AM
immediate uncivilized and unsafe view of Ithaca for tourists
37 Despite the ban on our block of N Cayuga St, some people still smoke in front of our store and classrooms. 8/10/2013 6:35 AM
Most people stop immediately when we politely inform them, but we don't always feel comfortable talking to
smokers, especially in social groups.
38 Smoking on level two of the Green Street Ramp. Posting the signs near the doors has helped a lot, but ANY 8/10/2013 1:42 AM
smoking in the covered ramp permeates the whole structure.Very offensive!
39 Smoking has moved from the Commons the areas around the Public Library on Green Street,Cayuga Street, 8/9/2013 9:59 PM
Creek Walk.
40 Yes,we have large groups of people with problematic behavior gathering outside the library to smoke.Along 8/9/2013 9:45 PM
with their smoking comes behavior that makes our patrons not want to visit our facility.
41 Large groups of people hang out and smoke on the benches in front of the library! 8/9/2013 9:24 PM
42 we are on the 100 block of w state st and between the new roots kids and all the others it is a constant deluge 8/9/2013 6:56 PM
of smoking all day long
43 There are some who smoke out in front of our business (Mighty Yoga), but more often now there are people 8/9/2013 6:32 PM
smoking in the alley behind us.And, it's not always tobacco smoke that drifts into the Yoga Studio. Needless
to say,we don't really want our students needing to inhale ambient smoke of any kind during a yoga class.
2 / 14
Business Survey of Outdoor Smoking in Downtown Ithaca
44 Public smoking creates a foul odor and significant cigarette butt litter on public property. This degrades the 8/9/2013 6:02 PM
appearance of the downtown area and makes customers not want to visit because they have to walk through a
cloud of smoke to get places.
45 1 think people have the right to smoke in most areas, and government does not have the right to restrict 8/9/2013 5:05 PM
smokers unduly, outdoors.
46 They stand outside my back door and smoke. 8/9/2013 5:03 PM
3 / 14
Business Survey of Outdoor Smoking in Downtown Ithaca
Based on your own observation, please
rate the following locations based on the
following scale:
sw s vere<i: i4 Skipped: 3
Central
Commons
State/
Cayuga
intersection...
State/
Aurora
intersection...
Library/
TCAT bus
stop area
of...
Other
(please
specify in...
0% 20% 40% 60% 80% 100%
Smoking IS a problem Smoking is NOT a problem Don't know/Not sure
Smoking IS a Smoking is NOT a Don't know/Not Total
problem problem sure
Central Commons 16.18% 57.35% 26.47%
11 39 18 68
State/Cayuga intersection (100 W. State, 100 N. Cayuga, and 100 S. 64.79% 11.27% 23.94%
Cayuga blocks) 46 8 17 71
State/Aurora intersection (Restaurant Row& 300 East State block) 14.71% 27.94% 57.35%
10 19 39 08
Library/TCAT bus stop area of Green Street 63.77% 7,25% 28.99%
44 5 20 69
Other(please specify in the box below) 57.69% 11.54% 30.77%
15 3 8 26
# (Specify here if"other") Date
1 100 block of west state, on both sides of the street. In front of the State Theater, in front of Handwork, and 8/29/2013 1:36 PM
also down the street. People are smoking cigarettes and pot on this block.
i
2 The outside of the Clinton House:The corner of Seneca and Cayuga Streets 8/20/2013 7:40 PM
3 A lot of people smoke on cayuga Street, between State and Buffalo, especially when hanging out during the 8/19/2013 6:42 PM
Loaves and Fishes' meals. Also people smoke on Dewitt Park.
4 Alleys (near Clinton House and along State Street) 8/19/2013 12:07 PM
5 in front of New Roots 8/15/2013 2:01 PM
6 Cayuga and Seneca 8/15/2013 1:49 PM
7 Sidewalks surrounding TCPublic Library is a smokey nightmare! 100 block E Green and 200 Block S Cayuga 8/13/2013 4:35 PM
8 100 Block of West State 8/13/2013 11:19 AM
9 tompkins county DSS 8/12/2013 4:27 PM
10 outside behind Center Ithaca in alley and upstairs outside of Workforce 8/12/2013 3:35 PM
11 behind Clinton Hall 8/12/2013 11:55 AM
4 / 14
Business Survey of Outdoor Smoking in Downtown Ithaca
12 Everywhere 8/12/2013 8:18 AM
13 Parking garages 8/11/2013 9:16 PM
14 The Seneca Street Parking garage area is now where smokers congregate on the north end of the Commons. 8/10/2013 12:45 PM
15 200 block S Cayuga, in front of and behind gas station 8/10/2013 8:53 AM
16 Lots of unaware citizens smoking on Commons during construction. MORE SIGNS AND ENFORCEMENT!! 8/10/2013 1:42 AM
17 Across from Hilton Garden Inn 8/9/2013 6:38 PM
18 Alley behind Handwork/Clinton House 8/9/2013 6:32 PM
19 Lots of smoking at night. My entryway is littered with cigarette butts. 8/9/2013 5:03 PM
5 / 14
Business Survey of Outdoor Smoking in Downtown Ithaca
Q3 What actions do you think would help
improve compliance with smoking
regulations in downtown public places?
Check all that apply
,,�aswered: 74 Skippea: .
More signs
Bigger signs
Better
police
enforcement
More public
education
Expand
T-Free Zones
to more...
No action
needed
Other
(please
specify)
0% 20% 40% 60% 80% 100%
Answer Choices Responses
More signs 50% 37
Bigger signs 40.54% 30
Better police enforcement 74.32% 55
More public education 50% 37
Expand T-Free Zones to more downtown areas 43.24% 32
No action needed 2 70% 2
Other(please specify) V 18.92% 14
Total Respondents: 74
# Other(please specify) Date
1 Have businesses stop selling corporate tobacco products 8/20/2013 10:37 AM
2 No idea 8/19/2013 12:44 PM
3 advocate businesses survive without selling products. Make one location for smokers shop allow that business 8/15/2013 8:15 PM
to thrive and sell only organic goods. Have this shop be strict on who buys in a location away from commons.
4 police enforce this with minors! 8/15/2013 2:01 PM
5 Better enforcement of no smoking and no loitering. Signs not effective-must be supervised. 8/13/2013 4:35 PM
6 The west side of Cayuga between State and Green does not need to be part of the ban. It's a row of bars. 8/13/2013 11:15 AM
7 Recently moved here, did not know where I can smoke or not smoke. 8/13/2013 11:09 AM
8 Removal of smokers from the area-no exceptions 8/12/2013 8:18 AM
9 The smokers need to have a place to go to smoke. 8/12/2013 7:49 AM
10 Small discrete but obvious signs would be helpful 8/10/2013 11:50 AM
6 / 14
Business Survey of Outdoor Smoking in Downtown Ithaca
11 MORE VISIBILITY BY POLICE, NOT POLICE VEHICLES. THEY DON'T HAVE TO CONFRONT PEOPLE JUST 8/10/2013 11:25 AM
BE IN THEIR FACE IT WOULD ALSO REDUCE THE DRUG TRANSACTIONS AND PROFANITY AND
OUTRIGHT DRUNKENNESS WHICH IS PREVELANT ON THE COMMONS AND ITS PERIFERY.
12 The planters on N Cayuga St are inviting to sit on and use as large ash trays. We have requested 8/10/2013 6:35 AM
improvements to the planters to look more like the ones on W State St. Signs in the planters would be very
helpful(and probably not expensive to make or replace). Notification of smoking ban area could also be painted
on the sidewalk.
13 Smokers congregate at the peripheries of the Commons (behind Bank of America, on wall next to TCAT stop 8/10/2013 1:42 AM
behind Madeline's; THIS IS STILL THE COMMONS!!! These are just two obvious examples.
14 Just moving the problem elsewhere is hardly a solution. Perhaps the solution everywhere is to have a strictly 8/9/2013 9:59 PM
enforced no loitering and no littering ordinance.
7 / 14
Business Survey of Outdoor Smoking in Downtown Ithaca
Do you have any other comments or
suggestions?
( ' Responses Date
1 in general, better police presence on the west end of the commons and 100 block of west state would be I 8/29/2013 1:36 PM
awesome.
2 There should be a smoke free school zone. 8/20/2013 7:40 PM
3 Thank you for putting effort into creating a smoke free environment. Keep up the good work! 8/19/2013 6:42 PM
4 Thanks for the efforts!There are no simple solutions. 8/19/2013 12:57 PM
5 1 think the tickets work! Perhaps sentencing offenders to mandatory classes would prevent future offenses and 8/19/2013 12:07 PM
help people quit?
6 1 think it has cut way down. But, it would be nice to cut it down to nothing! 8/15/2013 3:44 PM
7 Do it! 8/15/2013 2:01 PM
8 Possible timed enforcement of smoking bans. Helpful for bars, restaurants,etc. 8/14/2013 12:43 PM
9 1 have observed people putting out their cigarettes as they leave South Cayuga Street, and turn to go onto the 8/14/2013 11:47 AM
Commons,There seems to be a bit of awareness that the Central Commons is a T-Free Zone, but not an
awareness that Cayuga Street is also..
10 The library staff get frequent complaints from its users about cigarette smokers and loiterers on sidewalks in 8/13/2013 4:35 PM
front of the library, at TCAT bus stop and in front of Green St Pharmacy.
11 Ban smoking completely 8/13/2013 11:14 AM
12 If it is a law, people should follow. People do not know where they can/can't smoke. 8/13/2013 11:12 AM
13 More police patrol 8/13/2013 11:02 AM
14 Agressive,sometimes threatening(and shouting obscenities)pan-handling of customers and employees on the 8/12/2013 2:37 PM
Commons and Cayuga St. by people who are drunk, high, mentally disturbed or all of the above. Customers
and employees being approached by strangers on the Commons and Cayuga St. near our business
aggressively demanding money. Our customers have complained and we have lost business because of it.
15 1 would personally benefit from more restrictions but I also think there is a point at which it starts to feel unfair 8/12/2013 11:55 AM
to folks that maybe don't want to be smoking but are addicted and would have no place to smoke during work
breaks (i.e. employees of Bandwagon Brewpub, and patrons too for that matter-would stricter
regulations/enforcement drive down their biz?)
16 If police enforcement is used, make it friendly, not confrontational. 8/12/2013 10:06 AM
17 Smokers should be ticketed-no exceptions-with fines of at least$25-again with no exceptions. 8/12/2013 8:18 AM
18 The Library has had to hire a second security guard to deal with groups of smokers who are constantly outside 8/12/2013 7:49 AM
the building.This has put a strain on an already reduced budget.This year,the groups became very disruptive
and have caused a number of loud, violent disturbances in the library.We have constant complaints from
parents and families who tell us that they do not want to come to the library or downtown due to the groups of
smokers and panhandlers.We also call IPD very often to help.We would like to move beyond a negative
situation and are working with community groups for education of these indiv iduals. I would be willing to work
with any community group and the city to work on how we can change this situation. We want the library to be a
welcoming, open place for all, especially those who could benefit from learning to utilize the resources.Thank
you.
19 1 am an ex-smoker so I understand the addition of smoking 8/10/2013 12:45 PM
20 thanx for what you've all done so far! 8/10/2013 10:11 AM
21 The smoking ban has vastly reduced the amount of secondhand smoke entering our store and activity areas. 8/10/2013 6:35 AM
We are very pleased with the results.The last piece of the solution is visible notification. If we had to ask
someone to not smoke, it would be good to be able to point out a sign.
22 I'm obviously very hard core, but I take this health issue very seriously; both the health of the unfortunately 8/10/2013 1:42 AM
addicted and MY HEALTH and all other non-smokers !!Also ban"E-cigarettes".They give off carbon monoxide
and are NOT harmless to others. I've encountered several citizens who think that they are not included in the
ban.
23 It has been wonderful to have increased police patrols both in and outside of the library! This needs to continue 8/9/2013 9:24 PM
as some of our patrons become increasingly difficult to deal with!Thanks!
8 / 14
Business Survey of Outdoor Smoking in Downtown Ithaca
24 there needs to be actual enforcement in the areas not allowed such as cayuga st and state st. other wise what 8/9/2013 6:56 PM
is the point?
25 1 am a fan of the outdoor smoking ban, I just wish it would be enforced especially on the west end of the 8/9/2013 6:02 PM
commons super block where the vibe is a bit grungier. It would really help to clean things up.
26 1 suggest you relax this overbearing policy and consider that this is not a totalitarian state where we dictate the 8/9/2013 5:05 PM
actions of our citizens to this extent.
9 / 14
Business Survey of Outdoor Smoking in Downtown Ithaca
Introduction
To: Downtown Business Partners
Re: Outdoor Smoking Ordinance
It's hard to believe that it's been 3 years since The Commons first became a smoke-free area, or"T-Free Zone," in August
2010. Within a year of that time, the T-Free Zone had expanded to cover the full Commons, plus the 100 blocks of North
and South Cayuga, and West State Streets.
The change has been largely successful on The Commons. On the side streets, compliance and support has been a bit
less consistent. In all areas governed by the smoking Ordinance, police officers are doing their best to enforce the
regulation.
We would like to ask for your help in two ways.
First, a small committee of Common Council members and others has formed to assess the effectiveness of the
Ordinance with respect to signage, education, compliance, and enforcement. We welcome your input in the initial phase
of this exercise, and have set up this online survey where you can respond to a few basic questions and post comments.
You may remain anonymous if you choose.
Second, we would like to begin a process to better promote the purpose and benefits of maintaining compliance in the T-
Free Zone. This will include educational efforts supported by Tobacco Free Tompkins, and ideas driven by results from
this survey.
Your commitment to maintaining a safe and healthy environment for all people is crucial to the success of downtown. Full
and honest compliance with the smoking Ordinance by those who live and work downtown is the best way to clearly
demonstrate our commitment to those who visit downtown for business or pleasure.
Please join us in this effort, and take a few minutes now to complete our one-page survey. Click Next to get the survey.
Thank you,
Svante Myrick, Mayor
Frank Kruppa, Public Health Director
Seph Murtagh, Planning Committee Chair
Gary Ferguson, DIA Director
Page 1
Business Survey of Outdoor Smoking in Downtown Ithaca
*1. Is smoking in public places a problem with your business or employees at this time?
OYes
O No
If"Yes", Please Explain
m
*2. Based on your own observation, please rate the following locations based on the
following scale:
Smoking IS a problem Smoking is NOT aDon't know/Not sure
problem
Central Commons O O O
State/Cayuga intersection(100 W.State, 100 N. Cayuga,and 100 S. O O O
Cayuga blocks)
State/Aurora intersection(Restaurant Row&300 East State block) O O O
Library/TCAT bus stop area of Green Street O O O
Other(please specify in the box below) O O O
(Specify here if"other")
*3. What actions do you think would help improve compliance with smoking regulations
in downtown public places? Check all that apply
More signs
❑ Bigger signs
Better police enforcement
More public education
Expand T-Free Zones to more downtown areas
No action needed
Other(please specify)
4. Do you have any other comments or suggestions?
Page 2
Business Survey of Outdoor Smoking in Downtown Ithaca
*5. Respondent Info (Name optional)
Name:
Business:
Street Address:
Page 3
Item # 5a
Proposed Resolution
Planning & Economic Development Committee
September 11, 2013
Endorsement of IURA-Proposed Disposition of parcel `D' of the Cayuga Green Project to Cayuga
Green II LLC
Whereas, Cayuga Green II, LLC requests to re-establish a purchase and sale contract (Contract) for
the purchase of parcel 'D' (tax map parcel #81.-2-4), located at 217 S. Cayuga Street, for the
purpose of constructing a 49,000 square foot, seven-story housing project containing 45 housing
units to be known as Cayuga Place Two, and
Whereas, Parcel 'D' is an approximately%-acre, triangular-shaped parcel owned by the IURA
located between the Cayuga Garage and the Six Mile Creek Walk, and
Whereas, Cayuga Green II, LLC is controlled by Bloomfield/Schon + Partners, LLC who is designated
by the Ithaca Urban Renewal Agency (IURA) as a qualified and eligible sponsor pursuant to §507 of
General Municipal Law to acquire property to undertake the Cayuga Green project, and
Whereas, Cayuga Green II, LLC has successfully completed earlier phases of the public-private
Cayuga Green project, including construction of the 93,000 square foot mixed-use Cayuga Place
project at 131 E. Green Street and a 5-screen movie theater at 120 E. Green Street, and
Whereas, the final phase of the public-private Cayuga Green project is construction of a building
containing at least 30 housing units adjacent to the Cayuga Garage, and
Whereas, prior purchase and sale contracts between the IURA and Cayuga Green II, LLC have
expired due to the buyer's inability to satisfy seller contingencies designed to ensure the project is
ready to commence construction prior to conveyance of the property, and
Whereas, Cayuga Green II, LLC indicates that they have now achieved financial feasibility for the
project, secured a commitment of lender financing and received modified site plan approval for
the project by the Planning and Development Board on August 27, 2013, and
Whereas, utilization of an auger-grouted steel core displacement pile foundation system in lieu of
a spread-footing foundation allows the project to shrink the building footprint and increase
building height, thereby enhancing financial feasibility, and
Whereas, the proposed Contract agrees to a sales price of$270,000 and obligates the purchaser to
undertake a project "anticipated to consist of construction of no fewer than 30 rental and/or for-
sale housing units located adjacent to the Cayuga Garage or such other uses approved by Seller
and the Common Council of the City of Ithaca," and
Whereas, to enforce the future land use obligation, the proposed Contract requires the purchaser
to satisfy the following seller contingencies prior to December 31, 2013 as a condition of
conveyance of the property:
1
Item # 5a
1. Submit proof of final site development plan approval for a project containing at least 30
housing units;
2. Submit proof of issuance of a building permit for the project;
3. Submit proof that all project financing has been secured to complete the project, and
Whereas, in recognition that project delay imposes an opportunity cost on the IURA and City of
Ithaca in terms of forgone property taxes, parking revenues and resident spending downtown,
therefore the proposed Contract includes a provision requiring payment of a $20,000 non-
refundable deposit toward the purchase price upon signing the Contract, which shall be retained
by the seller in the event seller contingencies are not satisfied by December 31, 2013, and
Whereas, the purchaser seeks no property tax abatements for this market-rate project and the
proposed Contract effectively prohibits any tax abatements on the project, and
Whereas, the primary objective of the Ithaca Urban Renewal Plan for this urban project is to
improve the social, physical, and economic characteristics of the project neighborhood; and
Whereas, the IURA wishes to facilitate the construction of additional housing units in downtown
Ithaca that will expand the range of housing opportunities, increase the property tax base, and
visually conceal the concrete block wall portions of the east wall of the adjacent Cayuga garage,
and
Whereas, under§507 of Article 15 of General Municipal Law, the IURA is authorized to sell real
property to a qualified and eligible sponsor subject to Common Council approval following a public
hearing, and
Whereas, the prior purchase and sale contract for parcel 'D' and site plan review for a proposed 7-
story housing project at parcel 'D' were the subject of environmental reviews under the City
Environmental Quality Review Ordinance (CEQRO) pursuant to which the lead agency issued a
negative declaration that the implementation of the action as proposed will not result in any
significant adverse environmental impacts, and
Whereas, the revised project and the action of approving the proposed 2013 purchase and sale
contract for parcel 'D' are no less protective of the environment than the previously-approved
Contract and site plan, therefore requiring no additional environmental review, and
Whereas, on September 5, 2013 the IURA approved disposition of parcel 'D' to Cayuga Green II,
LLC; and
Whereas, the IURA further directed staff to market the property to other developers should seller
contingencies not be timely satisfied; now, therefore be
Resolved, that the Common Council for the City of Ithaca hereby approves the Ithaca Urban
Renewal Agency proposed 2013 Purchase and Sale Contract with Cayuga Green II, LLC for Parcel
'D' (tax map parcel #81.-2-4), dated August 27, 2013.
j:\staff\nels\iura\city\cayuga green\phase ii\property dispositions\parcel d\2013\reso p&ed 2013 p&s-parcel d cayuga green-9-11-13.doc
2
Item # 5 a
August 27, 2013
PURCHASE AND SALE CONTRACT
2013
CAYUGA GREEN PROJECT PHASE IIB
PARCEL "D"
This Agreement is entered into by and between
The ITHACA URBAN RENEWAL AGENCY (hereafter "Seller"), an urban renewal agency
created pursuant to the General Municipal Law of the State of New York, with offices at 108
East Green Street, Ithaca, New York 14850, and CAYUGA GREEN II, LLC (hereafter "Purchaser"),
a limited liability company formed pursuant to the laws of the State of New York and with
offices at 660 Lincoln Avenue, Suite 303, Cincinnati, Ohio, 45202, which LLC is a wholly owned
subsidiary of Steven F. Bloomfield Company, Inc., an Ohio Corporation with offices at 660
Lincoln Avenue, Suite 303, Cincinnati, Ohio, 45202.
WHEREAS, the parties entered into a Purchase and Sale Agreement for the parcel of
land described in Schedule A attached hereto (hereinafter "the Premises") on November 19,
2007, and amended agreements in July 17, 2009 and October 27, 2011 to construct no less than
30 housing units adjacent to the Cayuga parking garage; and
WHEREAS, the Purchase and Sale Agreements expired due to the Purchaser's inability to
satisfy contingencies set forth in the Purchase & Sales Agreement to secure project financing
and obtain a building permit; and
WHEREAS, the Purchaser has revised the housing project to secure project financing and
to achieve financial feasibility; and
WHEREAS, the Purchaser proposes to construct a seven-story, 45-unit housing project
on a foundation system utilizing shallow depth auger grouted steel core displacement piles to
address poor soil conditions; and.
WHEREAS, the Purchaser has submitted revised project plans to the City of Ithaca
Planning & Development Board and indicated that they have received an acceptable loan
proposal to finance the project; and
WHEREAS, the Purchaser requests to re-establish a Purchase and Sale Agreement; and
WHEREAS, the proposed construction project on parcel "D" is consistent with the
original design goals for the Cayuga Green project; and
WHEREAS, the Purchaser's above-referenced request was approved by the IURA by
resolution adopted on (September 5, 2013) and by the Common Council by resolution adopted
1
on (October 2, 2013); and
NOW, THEREFORE, the parties agree to the following terms set forth in this Agreement:
I. AGREEMENT TO SELL AND PURCHASE. SELLER agrees to sell the Premises to
PURCHASER to undertake Phase 1113 of the Cayuga Green project, anticipated to consist
of construction of no less than thirty (30) rental and/or for-sale housing units located
adjacent to the Cayuga parking garage (hereafter "the Project"), or such other uses
approved by Seller and the Common Council of the City of Ithaca.
11. CONTINGENCIES. This Agreement shall be subject to the following contingencies to be
met by PURCHASER: No later than December 31, 2013, Purchaser shall submit the
following documentation pertaining to Phase 1113 of the Cayuga Green project,
anticipated to consist of construction of no less than 30 rental housing units located
adjacent to the Cayuga parking garage, or such other uses approved by Seller and the
Common Council of the City of Ithaca:
A. Proof of final site development plan approval for the Project by the City of Ithaca
Planning and Development Board;
B. Proof of issuance of a building permit authorizing construction of at least the
Project's full foundation, upon submission to the City of Ithaca Building Division
of(1) full foundation plans, (2) full structural plans and (3) a building code
analysis documenting that the Project complies with applicable building, fire and
accessibility codes to demonstrate basic code-compliant constructability of the
Project.
C. Proof that all project financing has been secured to construct the project,
including submission of a project budget; and
D. Notwithstanding the above, the IURA Chairperson, at their sole discretion, is
authorized to extend the deadline to satisfy Seller contingencies by up to 45 days
to address unforeseen delays or issues.
III. PARKING
A. Purchaser shall have the right to construct entrances between the Rental
Housing/Condominium Project and the Cayuga Garage (which right is also set
forth in the "Cayuga Green Lease Agreement, Parcel 'A' Ground Floor of Cayuga
Garage" between the Ithaca Urban Renewal Agency and Cayuga Green, LLC,
dated February 1, 2007 [subject to assignment of Cayuga Green, LLC's rights and
responsibilities in this agreement to Purchaser] and in the Air Rights Lease dated
December 1, 2003 between Seller and Community Development Properties
Ithaca, Inc. [CDP], as amended on January 1, 2007). This right shall be subject to
2
the following conditions:
1. Purchaser shall submit plans for installing any entrances to Seller.
2. Seller's written consent, which shall not be unreasonably withheld,
conditioned or delayed, and shall be contingent upon and subject to the
following conditions:
a. Receipt by Seller of an independent legal opinion in writing
confirming that such consent preserves the tax-exempt status of
the financing of the Cayuga Green I (garage) project. Purchaser
shall pay up to one-half the cost of obtaining such an opinion, but
not to exceed $500.00;
b. Such entrances from the adjoining structure to the Garage shall
not in any way constitute required fire egress to comply with the
New York State Fire Prevention and Building Code, the City Code
of the City of Ithaca, or any other laws or regulations;
C. Such entrances shall not imply or constitute any obligation on the
part of CDP, Seller, the City of Ithaca or any other party who has
an interest in the Garage to continue to provide such entrances
and access from the adjoining building to the Garage in the event
the Garage is wholly or partially demolished, under repair or
restoration, or no longer used as a parking garage for any reason;
d. Approval of the exact location of such entrances by CDP as set
forth in the Air Rights Lease, which approval shall not be
unreasonably withheld.
e. A monthly payment for any parking spaces obstructed by such
connection, with the amount to be determined by CDP with
reference to reasonable projected parking revenues for such
parking spaces, as set forth in the Air Rights Lease.
B. If Purchaser does not obtain the consents referred to in paragraph III(A)(2)
above, Purchaser shall have the right to terminate this Agreement and Purchaser
shall have no liability to the Seller subject to the following: If the Purchaser does
not meet the contingencies set forth in paragraph II by the date set forth therein,
this amount shall not be refundable, as provided in paragraph VII below.
C. Parking in the Cayuga Garage will be made available to Purchaser pursuant to
the terms of an Agency Agreement between Cayuga Green, LLC and CDP dated
as of January 1, 2007, subject to assignment of the rights and responsibilities in
3
such contract by Cayuga Green, LLC to Purchaser.
D. Paragraph III of this Agreement entitled "Parking" shall survive the closing of this
transaction. The parties shall enter into an Agreement containing these
conditions, which shall be recorded concurrently with the deed.
IV. PARKING GARAGE. The Cayuga Garage was opened to the public in June 2005. The
term of the Air Rights Lease between Seller and CDP, owner of the Cayuga Garage,
extends through November 30, 2043. IURA has no current plans to discontinue use of
the Cayuga Garage after expiration of the Air Rights Lease. The Cayuga Garage was
designed for a minimum 50-year design life with proper maintenance and repair. The
Indenture of Trust governing bonds issued to finance construction of the Garage
mandates establishment of a Long-Term Maintenance Fund to be maintained at
$500,000 and held by the Trustee throughout the life of the bonds scheduled to mature
in 2030.
V. TIME OF THE ESSENCE. Seller and Purchaser mutually agree that time is of the essence
as regards this Agreement. In the event that any of the contingencies set forth herein
are not satisfied within the prescribed time period, this Agreement shall be null and void
unless Seller extends or waives in writing any unsatisfied Seller contingency or
Purchaser extends or waives in writing any unsatisfied Purchaser contingency.
Purchaser's $20,000 payment upon execution of this Agreement shall be governed by
the provisions of paragraphs II and VII of this Agreement.
Vl. NO TAX ABATEMENTS. Purchaser hereby agrees that it will not seek tax abatements of
real property taxes for this project through the Tompkins County Industrial
Development Agency. Concurrently with the closing of the conveyance of the Premises
to Purchaser, Purchaser shall enter into a payment in lieu of tax ("PILOT") agreement
with Seller which provides that, in the event that all or part of the premises become tax
exempt in the 40-year period from the date of the closing for any reason other than as a
result of Empire Zone (or successor zone) tax abatements, Purchaser shall make
payments in lieu of property taxes ("PILOT" payments) to all taxing jurisdictions in the
same amount as the property taxes that would have been payable if the property had
not become tax exempt, and the amount paid will increase each year in the same
manner and proportion as if the premises were taxable. This provision shall apply to all
successors and assigns of Purchaser, who shall be required to enter into a PILOT
Agreement with the same terms as set forth above, with the following exception: A
natural person or persons who purchase two (2) or fewer condominiums or cooperative
apartments on the Premises shall not be obligated to enter into a PILOT Agreement or
make PILOT payments; such obligation shall arise upon the purchase of a third
condominium or cooperative apartment by such natural person at any time. The PILOT
agreement referred to herein shall be recorded concurrently with the Deed.
VII. PURCHASE PRICE: The purchase price shall be $280,000.00, payable as follows:
4
A. Purchaser shall pay the sum of$20,000.00 in certified U.S. funds upon execution
of this Agreement. This payment shall be non-refundable in the event that the
Seller does not meet all the contingencies set forth in paragraph II above by
December 31, 2013.
B. Purchaser shall deliver to Seller, at closing, an executed promissory note and a
mortgage(s) for the unpaid portion of the purchase price in a form acceptable to
Seller. For the first twelve months after closing, interest shall accrue on the full
outstanding balance at a rate of 4.0% per annum and be paid monthly. At the
end of the twelve-month period, the principal balance shall be amortized over a
period of fourteen (14) years at an interest rate of 4.0% per annum. Purchaser
shall pay all mortgage taxes.
C. Seller agrees to subordinate its mortgage lien position to the Project's primary
lender(s), which shall be defined as any lender making a construction/permanent
loan with an initial principal balance exceeding $260,000, except that such
subordination shall not apply to any loan from individual members of Purchaser
or any lender for which 15% or more of the lender's stock or ownership interest
is owned by Purchaser or a member of Purchaser.
VIII. DOCUMENTS: Seller is required to furnish a warranty deed with lien covenant
containing a description of the premises to be conveyed to Purchaser as shall be
accepted and approved by Purchaser's attorney; tax searches; an instrument survey
dated no less than six months prior to the closing; an abstract of title searched by a
reputable title company at least forty years back to a warranty deed, all to the time of
closing, all showing good and marketable title, free and clear of all liens and
encumbrances, except customary utility easements common to similar properties and
other easements of record acceptable to Purchaser. Seller shall cause all required
searches, documents and certifications herein to be delivered to Purchaser's attorney at
least fifteen (15) days prior to closing.
Purchaser shall pay all closing costs (regardless of whether such costs are customarily
paid by the seller), including, but not limited to, abstract fees, survey costs, recording
fees, transfer tax, mortgage tax, fees for tax and other searches and certificates and
Seller's legal fees. Seller's legal fees to be paid by Purchaser shall not exceed $6,000,
and shall be based on actual hourly expenses incurred.
IX. ENVIRONMENTAL LIABILITY:
A. It is hereby acknowledged by the parties that Seller has provided to Purchaser
the Phase I Environmental Site Assessment prepared by the Chazen Companies,
dated October 2002, and the Phase II Environmental Site Assessment prepared
by The Chazen Companies, dated January 2003, which identify known or
5
potential areas of contamination below an excavation depth of twelve feet
below grade.
B. The parties anticipate that, if there is no excavation deeper than eight feet below
grade, the risk of uncovering or disturbing any potential environmental
contaminants is minimal.
C. Purchaser agrees to make best efforts to avoid any known contamination by
designing the foundation of any structures on the Premises to avoid known areas
of possible contamination and further agrees to reasonably attempt to avoid any
environmental hot spots or contamination in the course of construction.
Purchaser agrees to limit its construction on the Premises to a depth of no more
than eight feet below grade, with the exception of piles which may be driven
below eight feet (without excavation at depths greater than eight feet).
D. Provided that Purchaser complies with the provisions of paragraph IX C above,
and in the event that subsurface environmental contamination pre-existing the
conveyance to Purchaser is discovered in the course of Purchaser's construction
of buildings on the Premises in the areas of petroleum impact to, or
contamination of, groundwater identified in the Environmental Site Assessments
referred to in paragraph IX A above, and further testing is required, Seller hereby
agrees to reimburse Purchaser for the cost of any required testing and
remediation of such environmental contamination, up to the amount of Fifty
Thousand Dollars ($50,000.00). Purchaser shall supply reasonable
documentation from qualified professionals showing the necessity, extent and
cost of testing and remediation. This provision shall survive the closing.
X. ADJUSTMENTS: All taxes and assessments are to be adjusted as of the date of closing.
All assessments levied prior to the date of closing shall be paid by Seller at or prior to
closing.
XI. INSPECTION AND ACCESS TO PREMISES: Purchaser and its agents and representatives
shall have the right of inspection of the Premises pursuant to this Agreement upon
reasonable notice.
MI. EXECUTION OF AGREEMENT: This offer to Purchaser contained herein shall be null and
void if this Agreement is not executed by Purchaser and remitted to Seller within 30
days of execution by Seller.
XIII. CLOSING: Closing shall not take place until all Contingencies have been satisfied.
Closing is to take place at the office of the Ithaca Urban Renewal Agency no later than
February 28, 2014.
6
XIV. ASSIGNMENT: Except as expressly permitted below, Purchaser shall not assign or
otherwise transfer this Agreement or any part thereof or interest therein, or permit the
same to be assigned or otherwise transferred. Seller acknowledges and agrees that
Purchaser will assign this Agreement to an entity to be formed having the same
principals as Cayuga Green II, LLC, upon submission to Seller of the following
information:
A. The name and address of the assignee, its certificate of incorporation and by-
laws if a corporation, or its articles of incorporation and operating agreement if a
limited liability company.
B. Identification of the assignee's Board of Directors, if any, Managing Member if
any, and all persons or entities with 15% or more ownership interest in the
assignee.
XV. BINDING EFFECT OF AGREEMENT: This agreement shall be binding upon the heirs,
executors, administrators, and assigns of the parties hereto.
PURCHASER:
CAYUGA GREEN II, LLC
By: Bloomfield/Schon + Partners, LLC, Member
Dated: By:
Name:
Title: Managing Member,
Bloomfield/Schon + Partners, LLC
SELLER:
ITHACA URBAN RENEWAL AGENCY
Dated: By:
Name: Svante L. Myrick
Title: Chairperson
7
SCHEDULE A
The below-described premises are designated as "Parcel D" in conformation with a
survey map entitled "Boundary Map Showing Property Bounded North by East Green Street,
South by East Clinton Street, West by South Cayuga Street and Southeast by Six Mile Creek,
Designated for a Proposed Project 'Cayuga Green at Six Mile Creek', City of Ithaca, Tompkins
County, New York," dated November 20, 2003 and revised on December 5, 2005, January 2,
2007, October 18, 2007 November 24, 2009 and January 22, 2010, labeled as job number S02-
530, prepared by T.G. Miller, P.C., Engineers and Surveyors. Said map is hereinafter referred to
as "the Survey Map."
PARCEL D
BEGINNING at a point which is the following bearing and distances from the intersection
of the east line of South Cayuga Street and the north line of East Clinton Street;
thence north 87 degrees 35 minutes 39 seconds east a distance of 126.65 feet to a
point;
thence north 87 degrees 35 minutes 39 seconds east a distance of 13.56 feet to a point;
thence on a curve to the right, with a chord bearing of north 9 degrees 19 minutes 43
seconds east, a chord distance of 68.15 feet, a radius of 464.26 feet and an arc distance of
68.22 to the POINT OF BEGINNING;
thence South 87 degrees 20 minutes 51 seconds West a distance of 22.65 feet to a
point;
thence North 02 degrees 27 minutes 06 seconds West a distance of 207.08 feet to a
point;
thence South 87 degrees 32 minutes 54 seconds West a distance of 5.08 feet to a point;
thence North 02 degrees 30 minutes 08 seconds West a distance of 26.93 feet to a
point;
thence North 87 degrees 35 minutes 39 seconds East a distance of 185.11 feet to a
point;
thence South 48 degrees 20 minutes 47 seconds West, a distance of 28.36 to a point;
thence on a curve to the left, said curve having a chord bearing of South 41 degrees 07
minutes 00 seconds West, a chord distance of 78.19 feet, a radius of 344.16 feet and an arc
distance of 78.36 feet, to a point;
8
thence on a curve to the left, said curve having a chord bearing of South 24 degrees 38
minutes 47 seconds West, a chord distance of 178.90 feet, a radius of 464.26 feet and an arc
distance of180.02 feet, to the point and place of beginning, containing 0.449 acres of land.
SUBJECT to the following:
1. Restrictive covenants running with the land, contained in a Deed from the Ithaca Urban
Renewal Agency to the City of Ithaca dated July 13, 1976 and recorded in said Clerk's
Office on July 13, 1977 in Liber 558 of Deeds at page 672.
2. Restrictive covenants running with the land, contained in a Deed from the Ithaca Urban
Renewal Agency to the City of Ithaca dated July 13, 1977 and recorded in said Clerk's
Office on July 13, 1977 in Liber 558 of Deeds at page 684.
3. A right of way reserved to the City of Ithaca to enter upon lands contained within the
boundary lines of Six Mile Creek to make excavations, remove gravel and other material
from the creek bed, erect walls and embankments, etc., as granted by instrument of
Salem Twist, et. al. dated August 8, 1906 and recorded in the Tompkins County Clerk's
Office on January 31, 1907 in Liber 166 of Deeds at page 163.
4. A right of way to the Grantor and the City of Ithaca across Parcel B and the 8 foot wide
right of way along the northerly boundary of parcel D for access to Parcel C as shown on
the Survey Map.
5. A right of way to the Grantor, its successors and assigns across Parcel B and the 8 foot
wide right of way along the northerly boundary of Parcel D for access to Parcel E as
shown on the Survey Map.
6. An easement to the City of Ithaca to maintain underground electric lines and conduits
and an underground transformer for the benefit of Parcel A and Parcel C, along with the
right to enter the Premises to maintain such lines and conduits. The location of the
lines, conduits and transformer are shown on Sheet E-2 of the Construction Drawings
for the Cayuga Garage, dated May 2, 2003. The drawings show the transformer as
above ground, but it was installed underground.
7. An easement to the City of Ithaca to maintain the existing telecommunications conduit
and telecommunications line in the conduit within the above-referenced eight foot right
of way, for the benefit of the City and Parcel A, along with the right to enter the
Premises to maintain such conduit and cable.
8. Right of way for ingress and egress conveyed by instrument by and between the Ithaca
Urban Renewal Agency and D.M. Abbot Investors Corporation dated May 17, 1967 and
recorded in said Clerk's Office in Liber 469 of Deeds at page 25.
9
9. A temporary construction and access easement granted to Community Development
Properties Ithaca, Inc. by instrument of Ithaca Urban Renewal Agency, dated of even
date herewith, until June 1, 2005 or until completion of construction of a parking garage
on the premises shown as "Parcel A" on the Survey Map, whichever date is sooner, for
staging of construction equipment and supplies and access to and from said Parcel A.
TOGETHER WITH:
1. A right of way for ingress and egress conveyed by instrument by and between D.M.
Abbott Investors Corp. and the Ithaca Urban Renewal Agency dated November 24, 1967
and recorded in said Clerk's Office on January 21, 1969 in Liber 479 of Deeds at page
640.
2. An easement in common with others over the premises shown as "Parcel B" on the
Survey Map for ingress from and egress to South Cayuga Street.
TOGETHER WITH AND SUBJECT TO THE FOLLOWING:
1. An Easement over an area referred to on the Survey Map as "A proposed easement for
continued placement of the foundation caps of the garage, maintenance of the garage and its
foundation caps and ingress and egress to maintain the garage and its foundation caps, to
benefit the owners and tenants of Parcel A and the air rights above Parcel A."
2. An easement over the area on the Survey Map labeled "A proposed easement for
construction, ingress, egress and use to benefit Parcel D".
3. These easements shall be subject to the following conditions (The easement area referred to
in paragraph 1 above, together with that portion of the easement referred to in paragraph 2
above which extends between the garage building on Parcel A and the proposed building on
Parcel B are collectively referred to herein as "the Easement Area"):
a. Purchaser shall be responsible for maintenance, repair, and safeguarding of the
Easement Area against unauthorized access and trespass. Purchaser shall install gates
from the north and south ends of the building to be constructed on Parcel D to the
easterly wall of the Cayuga Garage. The Easement Area will be subject to the
easements referred to in this Schedule A.
b. Purchaser shall maintain the Easement Area in conformance with the conditions of site
plan development approval.
c. Purchaser may install utilities and recycling containers in the Easement Area, subject to
the easements referred to in this Schedule A.
10
d. Upon Purchaser's failure to meet the requirements of paragraphs (a) and (b) above, the
IURA may fence off and safeguard the Easement Area. Purchaser may have access to
and use the Fenced Area for egress only in compliance with the New York State Building
Code, but shall not be entitled to use the area for any other purpose.
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11
SIT CITY OF ITHACA
,r 108 East Green Street—3rd Floor Ithaca,New York 14850-5690
a' DEPARTMENT OF PLANNING AND 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: planning@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
TO: Planning&Economic Development Committee
Item # 5b
From: Megan Wilson, Planner
RE: Neighborhood Improvement Incentive Fund
DATE: September 3, 2013
Attached is an application for the Neighborhood Improvement Incentive Fund (NIIF)
from residents of Fall Creek pertaining to the neighborhood's annual block party held on
August 25, 2013. The application has been submitted by Maria Costanzo and Sara
Schaffzin, neighborhood residents and organizers of the event. This event has been held
annually for several years and is intended to promote a sense of community within the
neighborhood.
In past years, the Neighborhood Improvement Incentive Fund has supported celebrations
in many city neighborhoods that focus attention on neighborhood empowerment and
solidarity. Expenditures related to this event include food, compostable tableware, and
flyers to publicize the block party, all of which meet criteria for reimbursement.
Residents of the Fall Creek neighborhood donated their time for promotion of the event,
set up, food preparation, and clean up. By putting together this event on behalf of the
neighborhood, the residents are furthering the aims of the fund to support initiatives that
strengthen city neighborhoods.
Planning& Economic Development Committee Item # 5 b
September 11,2013
RESOLUTION: Request for Neighborhood Improvement Incentive Funds for the Fall Creek
Neighborhood Block Party,August 2013
WHEREAS, the City of Ithaca Common Council established the Neighborhood Improvement
Incentive Fund in 1995 to provide financial assistance to city residents seeking to
improve the quality of life in their neighborhoods, and
WHEREAS, the fund is intended to support residents'interest in community improvement and to
encourage,not replace volunteerism, and
WHEREAS, the funds are intended to be used for projects or events that provide a general
neighborhood benefit and not for the limited benefit of individuals or a select few
residents,and
WHEREAS, activities specified by the Council as eligible for the funding include but are not limited
to items such as neighborhood clean-ups,planting in public places, and organizing
neighborhood events like neighborhood block parties or meetings, and
WHEREAS, neighborhood groups are required to submit a completed application specifying other
project donations,estimated volunteer hours, estimated costs to be covered by the fund
and signatures of residents in the immediate neighborhood, and
WHEREAS, to streamline the process the Council has delegated authority to approve applications to
the Planning&Economic Development Committee, and
WHEREAS, each neighborhood group is eligible to receive up to $300 per year as a reimbursement
award payable on the submission of original receipts or invoices for approved activities,
and
WHEREAS, the City cannot reimburse residents for sales tax expenses, and
WHEREAS, on behalf of neighborhood residents,Maria Costanzo and Sara Schaffzin have submitted
an application for reimbursement funds to offset$185.90 in expenses from the Fall Creek
neighborhood's annual block party, and
WHEREAS, notice of the block party was circulated throughout the neighborhood, and the event
provided an opportunity for socializing with diverse groups of residents;now,therefore,
be it
RESOLVED, that the Planning and Economic Development Committee approves the funding request
from Maria Costanzo and Sara Schaffzin in the amount of$185.90 for reimbursement
upon presentation of original invoices and/or receipts.
Item # 5 b
T CITY OF ITHACA
108 East Green Street,Ithaca,New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
ra
U r� JOANN CORNISH,DIRECTOR OF PLANNING&DEVELOPMENT
PHYLLISA A.DESARNO,DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
T 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 274z6558
CITY OF ITHACA
NEIGHBORHOOD IMPROVEMENT INCENTIVE FUND (NHF)
•ri_�Neighborhood
t t. a T_____,._�-- T_ �,�,.,: a Fund t_ been c':-�t-l:..t., t___ ..1_ f'��,--r n-� ? a
1 lie Neiglr orhood 1ii11.iiVVenient Ince ti` e Ii.nd liar veen established by he City o ti aca o eliColaia
Ulose who are concerned about the physical and social quality of our neighborhoods to think creatively
and practically about improvement projects. The fund was created to support a wide range of projects,
including but not limited to neighborhood cleanups, plantings in public spaces, neighborhood events
such as area-wide reuse events or block parties, and neighborhood meetings. The fund is not meant to
�tj hc'(i prtTP jnY P_.i n �rl�n I ri 1 nn nlnit�_I Jr -nve— "m Tn eigFt (±r rin nF• E»r;rPart tj
c _•__- lunar silo r _p1____ _ _ _r _ n-�_�ii� ?:orl_ ., _te, _
intended to hasten completion of small projects and to stimulate, or"seed," larger projects.
Requests for payment for event organizers or for hours spent making physical improvements are not
eligible under this program — the aim is to encourage, not replace, volunteerism. Funds will be
. , !,..,,
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neighborhoods not recently granted money from the fund. Political or partisan activities (e.g., a meet-
the-candidates night) will not be eligible, unless all the candidates for the office are invited.
Applications will be reviewed by the Planning & Economic Development Committee of Common
Council, which is authorized to approve expenditures for projects that fail within the guidelines. The
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in advance of the meeting to Megan Wilson, Planner, Department of Planning & Development, City
Hall, 108 East Green Street, Ithaca, NY 14850. Please submit printed materials (flyers, newsletters,
etc.) related to the application when they are available, either with the application or upon later
completion. For additional information contact Megan Neilson, 274-A560.
The Neighborhood Improvement Incentive Fund award is a reintbursenwnt grant. At the
completion of an event or project, applicants must submit a City voucher with original receipts
attached, to the Department of Planning & Development. Regretfully, the City cannot reimburse
scales tax expenses= if you need assistance with the reimbursement process, you may contact
t" a ari'ti%jflzq aii ar D--h1 hate Gr uRia"i<.,er at 274-611-1-01[ia the,Den ar iii ent Of 1114aniti-nu iie.,velfii. 3li is
REQUIREMENTS:
1. The application requires a brief description of the proposed project, a project budget, including a
verifiable estimate of the cost of items for which the request is being made, and signatures of
nPlrsrtibo nr od resudenT-_s. ror requests under SiIJ1-I, rube signahtres are requires_t. ro"T rF'Clr.ests over
$100, twenty signatures are required. 1
2. The project must benefit the general neighborhood, not a select few residents. One basis for
evaluating requests iNtill be the number of residents who benefit from the project.
jAforms,faxes,&letterhead\forms\neighborhood improvement incentive fund(niif)application.doc
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Date: 9x 1-3 App. #
(Office Use Only)
NEIGHBORHOOD EWPROVEM[ENT INCENTIVE FUND ( )
Applicant Information
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Applicant Contact Person: aria- Ct5fanm
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Project Description 27 7 I
Describe the entire project and indicate those elements for which you are seeking incentive funds. Who
will benefit from the project, and how? Does the project involve any donated materials or labor? What
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donated labor. For projects under$100, it is required that you obtain signatures of five neighborhood rT s
residents. For projects over$100,twenty signatures are required. P f�
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By signing this, I indicate that I have no objections to closing
the 200 block of Utica St. from 4-8 PM on �;unday, August
25 In order to hold a block party. A-AID —I:N� I C6TE /Vt
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CITY OF ITHACA
� nI1Y� 108 East Green Street—3rd Floor Ithaca,New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
�4 ;x
JOANN CORNISH, DIRECTOR OF PLANNING&DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
11 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: Planning&Economic Development Committee
FROM: Megan Wilson,Planner
DATE: September 4,2013
RE: Public Art Commission Recommendations on Mural Proposals from Kelhe Cox-Brady
In 2010, the City of Ithaca Public Art Commission (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. As part of this program,local artist Kellie Cox-Brady has submitted proposals for two
murals on City-owned property.
The first mural, Bloodroot(Sanguinaria Canadensis), is proposed for installation on the north wall of the Seneca
Street Parking Garage. The proposed mural would be located around the corner of the garage from Ms. Cox-
Brady's recently-installed Black-Eyed Susan mural. This location is among the potential sites that the Board of
Public Works approved for future murals in May 2010. The PAC reviewed this proposal at its meeting on
August 28, 2013 and voted unanimously to recommend it for selection by the Common Council at a special
meeting on September 4,2013.
The second mural,Asparagus, is proposed for installation on the interior of the South Albany Street Bridge.
This location was not pre-approved by the Board of Public Works, and the PAC will be seeking approval of
the bridge as a mural location from the Board on September 9th. The PAC reviewed this proposal at its
meeting on August 28, 2013 and voted unanimously to recommend it for selection by the Common Council
at a special meeting on September 4,2013,pending approval of the location by the Board of Public Works.
The PAC has sought public comment on both proposals through notification of adjacent property owners
and City staff A public comment period was also held at the September 4th to gather public input on the
proposed design and location.
Descriptions and sketches of the proposed murals as well as photos of the proposed locations are attached
for your review. If you have any questions or comments, please contact me at 274-6560 or
mwilsonncityofithaca.org.
Planning&Economic Development Committee
Proposed Resolution
September 11, 2103
Resolution to Select Artwork for a Mural Installation on the
North Wall of the Seneca Street Parking Garage
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, including walls in the City garages on Green Street and Seneca Street, by resolution on May
19, 2010, and
WHEREAS, local artist Kellie Cox-Brday submitted her proposal for a mural titled "Bloodroot
(Sanguinaria Canadensis)" as part of the PAC's Mural and Street Art Program, and
WHEREAS, the PAC discussed Ms. Cox-Brady's mural proposal at its meeting on August 28,
2013 and, upon review of the potential mural sites pre-approved by the Board of Public Works,
agreed that the north wall of the Seneca Street Parking Garage would be an appropriate location
for the proposed mural, and
WHEREAS, the PAC held a public comment period on the proposed mural design and
recommended location at its meeting on September 4, 2013 to gather input on the proposed
installation, and
WHEREAS, PAC members have also sought input from adjacent property owners and City staff,
and the responses to the mural proposal have been mostly positive, and
WHEREAS, the artist will raise private funding to finance the mural, and the proposed
installation would be budget-neutral to the City, and
WHEREAS, at its meeting on September 4, 2013, the Public Art Commission unanimously
voted to recommend that the Common Council select the "Bloodroot (Sanguinaria Canadensis)"
mural proposal submitted by Kellie Cox-Brady to be installed on the north wall of the Seneca
Street Parking Garage; now, therefore,be it
RESOLVED,that the City of Ithaca Common Council selects the mural "Bloodroot
(Sanguinaria Canadensis)" by Kellie Cox-Brady to be installed on the north wall of the Seneca
Street Parking Garage and to be added to the City of Ithaca's public art collection; and be it
further
RESOLVED, that the selected artist may proceed with the installation of her mural upon the
execution of an agreement with the City(as reviewed by the City Attorney).
� I
Mural proposal - Bloodroot (Sanguinaria canadensis)
Nellie cox-Brady August 12, 2013
Below is the mural concept to paint the wall that is directly to the right to the black-eyed Susan mural
(8 ft. tall by 45 ft. long), OR to paint the wall around the corner in the parking lot (1 0 ft. tall by 50 ft.
long), both located on Aurora Street. For the first wall option, it would be best to have the current
plants in front cleared from the wall. I've been thinking of the two new murals, the two row wampum
and the black-eyed Susans, and I've come up with the mural idea of Bloodroot (Sanguinaria canaden--
sis). The Bloodroots are a :short flowering native woodland plant with interesting flowers and red filled
roots. The foliage naturally wraps around the stems of each flower, showing very interesting veins and
colors. one of the reasons I would love to paint them here is Bloodroot is a popular red natural dye
used by Native American artists, especially among southeastern rivercane basketmakers. The blood of
the root (when cut open) was used as a dye. A break in the surface of the plant, especially the roots,
reveals a reddish sap. I've been thinking this mural idea for a while and I think this would be the perfect
place for it! The total funds needed to complete the mural comes to $ 1 ,000. To raise the funds I will
plan on a fundraiser party and silent auction at my place. The materials needed are a few paint
brushes, primer and paint. The timeline to complete this mural will take up to two weeps. Thanks!
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Planning&Economic Development Committee
Proposed Resolution
September 11, 2013
Resolution to Select Artwork for a Mural Installation
on the South Albany Street Bridge
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, local artist Kellie Cox-Brday submitted her proposal for a mural titled "Asparagus"
as part of the PAC's Mural and Street Art Program, and
WHEREAS, the PAC discussed Ms. Cox-Brady's mural proposal at its meeting on August 28,
2013, and agreed that the South Albany Street Bridge would be an appropriate location for the
proposed mural,pending approval of the location by the Board of Public Works, and
WHEREAS, the South Albany Street Bridge was not included among the sites pre-approved for
future murals by the Board of Public Works in 2010, but the Board approved the bridge as the
location for this mural by resolution on September 9, 2013, and
WHEREAS, the PAC held a public comment period on the proposed mural design and
recommended location at its meeting on September 4, 2013 to gather input on the proposed
installation, and
WHEREAS, PAC members have also sought input from adjacent property owners as well as
City staff, and the responses to the mural proposal were mixed, and
WHEREAS, the artist has raised private funding to finance the mural, and the proposed
installation would be budget-neutral to the City, and
WHEREAS, at its meeting on September 4, 2013, the Public Art Commission unanimously
voted to recommend that the Common Council select the "Asparagus" mural proposal submitted
by Kellie Cox-Brady to be installed on South Albany Street; now, therefore, be it
RESOLVED,that the City of Ithaca Common Council selects the mural "Asparagus" by Kellie
Cox-Brady to be installed on the South Albany Street Bridge and to be added to the City of
Ithaca's public art collection; and be it further
RESOLVED, that the selected artist may proceed with the installation of her mural upon the
execution of an agreement with the City(as reviewed by the City Attorney).
C , �
Mural proposal for bridge medians on S Albany Street-Asparagus! Kellie Cox-Brady August 2,2013
As the south side in Ithaca is my home and has a special place in my heart,I would love to contribute my art to the area!I walk on this bridge mostly every day and I would love to do a small mural on this
area.I hope to enhance the walkways and albany street,while promoting local veggies and healthy living.Why asparagus?It's one of my favorite foods and the plant itself is quite beautiful!Some fun facts
about asparagus-it's been used as a vegetable and medicine,owing to its delicate Flavour,diuretic properties,and more.It has been painted in the past as an offering on an Egyptian frieze dating to 3000 BC.
In ancient times,it was known in Syria and in Spain.Greeks and Romans ate it fresh when in season and dried the vegetable for use in winter;Romans would even freeze it high in the Alps,for the Feast of
[Epicurus!
om my last mural installation-black-eyed Susans,I have enough paint materials left over to complete this mural(greens,yellows and black),as well as paint brushes and primer so I am able to install the
ural for no cost!! For timing,I can start as soon as possible and have it completed in two weeks.
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