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Home My WebLink About06-22-11 Special Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Special meeting of Common Council will be held on Wednesday, June 22, 2011 at 7:00 p.m. in Common Council Chambers, City Hall, 108 East Green Street, Ithaca. Your attendance is requested AGENDA 1. PLEDGE OF ALLEGIANCE: 2. SPECIAL ORDER OF BUSINESS: 2.1 Authorization of Conveyance to Ithaca Neighborhood Housing Services (INHS) of Real Property Acquired Through Foreclosure (314 -314'/ S. Plain Street) - Resolution 2.2 Request of Downtown Ithaca Alliance to Offer for Sale and Consumption — Wine and Beer During the 2011 Summer Concert Series on the Ithaca Commons — Resolution 3. NEW BUSINESS: 4. 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. Uie C. Holcomb, WC City Clerk Dated: June 21, 2011 2. SPECIAL ORDER OF BUSINESS: 2.1 Authorization of Conveyance to INHS of Real Property Acquired Through Foreclosure (314 - 314% S. Plain Street) -- Resolution WHEREAS, the City of Ithaca, through its recent 2009 Tax Foreclosure Proceeding (Index No. 2011 - 0048), acquired certain parcels of real property in the City, pursuant to a judgment issued by the Supreme Court of New York (Tompkins County), on June 17, 2011, and WHEREAS, an auction to sell properties so acquired is scheduled for June 23, 2011, in conjunction with the County of Tompkins, and WHEREAS, among said properties are two parcels — Tax Map Parcel No. 80 -2 -12 and Tax Map Parcel No. 80 -2 -13 — which are occupied by a two- family dwelling also known as 314 - 314'/2 S. Plain Street, and WHEREAS, the dwelling at these addresses has been vacant for over 10 years and is currently in extremely deteriorated condition, and is the subject of a repair -or- demolish order from the City's Building Department, and WHEREAS, in its current condition, the dwelling at 314 -314Y2 S. Plain Street is an unsafe building that constitutes a hazard to public safety and /or health and a detriment to and blight upon the surrounding properties and neighborhood, and WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INNS), has identified said parcels on South Plain Street as being suitable for redevelopment pursuant to an INHS homeownership and affordability program, and WHEREAS, the liens (for unpaid taxes) associated with the above listed parcels are in the total amount of $19, ._, and WHEREAS, the Executive Director of INHS, with the informal support of a majority of the members of the INHS Board of Directors, very recently proposed that INHS purchase the parcels in question from the City (so as to cover all outstanding liens, the costs associated with such purchase and the auctioneer's fee associated with having included the parcels in the scheduled auction), demolish and replace or renovate the existing structure (at INHS's sole cost), and rent or sell the property through a program designed to retain permanent affordability of the housing units to low or moderate - income persons WHEREAS, Section 1166(1) of New York Real Property Tax Law authorizes a taxing jurisdiction vested with title to real property by virtue of a foreclosure proceeding under that statute to sell and convey the real property so acquired, either with or without advertising for bids, notwithstanding the provisions of any general, special or local law, and WHEREAS, Section 1166(2) of the New York Real Property Tax Law further provides that no such sale shall be effective unless and until such sale shall have been approved and confirmed by a majority vote of the governing body of the taxing jurisdiction (except that no such approval shall be required when the property is sold at a public auction to the highest bidder), and WHEREAS, INHS has a successful track record in the City of Ithaca of converting dilapidated residential buildings into quality, affordable housing that is then rented or sold to low- and moderate - income homebuyers and possesses the technical and financial capacity to manage, secure funding for, develop and sell affordable housing, and WHEREAS, the City has determined that transfer of the above - mentioned parcels to INHS serves a public purpose; now, therefore, be it RESOLVED, That the City Chamberlain is directed to withhold 314 - 314'/2 S. Plain Street from the auction scheduled for June 23, 2011, pending transfer to INNS, and be it further RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to execute a purchase and sale agreement with INHS for the above listed parcels, in their as -is condition, with a sales price equal to the balance of all outstanding City, School and County taxes and any other City liens, on each property, with all costs associated with the conveyance, as well as the auctioneer's fee, to be borne by the buyer, and which agreement shall commit the buyer to secure the building immediately, remedy safety hazards and submit redevelopment plans for the property in a timely manner, and to ensure the permanent affordability of housing on the property, and be it further RESOLVED, That the Mayor, subject to advice of the City Attorney and the terms and provisions of the purchase and sale agreement, is authorized to convey a quit claim deed (or deeds) to 314 -314Y2 S. Plain Street to INHS, and to execute any other documents required for such transfer. 2.2 Request of Downtown Ithaca Alliance to Offer for Sale and Consumption - Wine and Beer During the 2011 Summer Concert Series on the Ithaca Commons — Resolution WHEREAS, the City Clerk has received a request to allow the Downtown Ithaca Alliance to offer for sale and consumption wine and beer during the 2011 Summer Concert Series on the Ithaca Commons, and WHEREAS, the Commons Advisory Board, at their meeting on May 6, 2011, offered a resolution in support of the Downtown Ithaca Alliance pursuing the establishment of a wine and beer garden during the 2011 Summer Concert Series, and WHEREAS, the Commons Advisory Board also supports the use of a private security company to monitor the sale and consumption of wine and beer in the designated area in Bank Alley, and WHEREAS, the City of Ithaca Special Event Team, at their meeting on June 20, 2011, expressed support for the addition of the wine and beer garden to the Summer Concert series, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the sale and consumption of alcohol on public property; now, therefore be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for the sale and consumption of wine and beer during the 2011 Summer Concert Series on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or consumption of wine and beer on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance shall, per the advice of the City Attorney, agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00, naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk. 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