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HomeMy WebLinkAboutMN-CC-1993-04-07 31 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7 :00 P.M. April 7, 1993 PRESENT: Mayor Nichols Alderpersons ( 9 ) - Romanowski, Efroymson, Daley, Johnson, Booth, Schroeder, Golder, Berg, Hoffman ABSENT: Alderperson ( 1 ) - Blanchard ( excused) OTHERS PRESENT: Deputy City Clerk - Boyle City Attorney - Guttman City Controller - Cafferillo Deputy City Controller - Thayer LO Superintendent of Public Works - Gray �, . Police Chief - McEwen Y. � Planning and Development Director - Van Cort Board of Public Works Commissioner - Reeves Planning and Development Deputy Director - Sieverding Building Commissioner - Eckstrom PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES• Approval of the Minutes of the March 3, 1993 Common Council Meeting By Alderperson Booth : Seconded by Alderperson Hoffman RESOLVED, That the minutes of the March 3 , 1993 Common Council meeting be approved as published. Carried Unanimously (9-0) Approval of the Minutes of the March--11, 1993 Special Common Council Meeting By Alderperson Romanowski : Seconded by Alderperson Hoffman RESOLVED, That the minutes of the March 11 , 1993 Special Common Council meeting be approved as published . Carried Unanimously (9-0) ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business Alderperson Daley requested the addition of a resolution under New Business - Commendation to City personnel for their work during the blizzard in March . No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider an Ordinance Amending Section 325-8 of Chapter 325 Entitled ` Zoning' of the City of Ithaca Municipal Code Regarding Transfer Stations for Recyclable Materials Resolution to Open Public Hearing By Alderperson Schroeder: Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to consider an Ordinance amending Section 325-8 of Chapter 325 entitled ` Zoning' of the City of Ithaca Municipal Code regarding Transfer Stations fcr Recyclable Materials be declared open . Carried Unanimously (9-0) Alderperson Schroeder explained the proposed amendment . No one:oappeared to address Council . i 1 32 April 7 , 1993 Resolution to Close Public Hearing A. By Alderperson Berg: Seconded by Alderperson Schroeder RESOLVED, That the Public Hearing to consider an Ordinance amending Section 325-8 of Chapter 325 entitled ` Zoning' of the City of Ithaca Municipal Code regarding Transfer Stations for Recyclable Materials be declared closed. Carried Unanimously (9-0) Public Hearing to Review the City' s 1993 Community Development Block Grant (CDBG) Application to the Department of Housing and Urban Development (HUD) Resolution to Open Public Hearing By Alderperson Schroeder: Seconded by Alderperson Berg RESOLVED, That the Public Hearing to review the City' s 1993 Community Development Block Grant (CDBG) application to the Department of Housing and Urban Development (HUD) be declared open . Carried Unanimously (9-0) Alderperson Schroeder explained the grant application . Ms . Anne Bookhout, Executive Director of Community Health and Home Care and Kelly Kane, one of the individuals who took benefit from last years economic development block grant, spoke to Council in support of the CDBG program. Resolution to Close Public Hearing By Alderperson Berg: Seconded by Alderperson Schroeder RESOLVED, That the Public Hearing to review the City' s 1993 Community Development Block Grant (CDBG) application to the Department of Housing and Urban Development (HUD) be declared closed. Carried Unanimously (9-0) MAYOR'S APPOINTMENTS Traffic Reduction and Public Transit Committee Mayor Nichols announced that he has appointed Michael Robinson, 248 Floral Avenue and Findley Meislahn, 103 Westmount Drive to the Traffic Reduction and Public Transit Committee, with terms to expire March 1 , 1995 . Affirmative Action Committee Mayor Nichols announced that he has appointed Marcia Fort, Activities Center Coordinator, as a management representative to the Affirmative Action Committee with a term to expire December 31 , 1995 . PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL Strand Theater Mr . Allen MacNeil, 1006 Hanshaw Road, Vice-President of the Ithaca Ballet and the founder of Utopia Video and the Utopia Theater Company, stated that after extensive discussions with members of the Save Our Strand group, the trustees of the Tiohero Foundation have decided to support the operation of the Strand, specifically the cost of heating and utilities . He stated that they pledge the sum of $1 , 000 a month for the first five years of the operation of the theater, commencing with the first full month of the operation of the theater . Mr. MacNeil stated further that he will be publishing a book in 1994 and he will pledge the projected royalties of between $50, 000 and $300, 000 towards the operation of the Strand Theater . Ms . Doria Higgins , 2 Hillcrest Drive, spoke to Council regarding inaccuracies in the proposed contract with RHP Properties, Inc . regarding the Strand Theater . She feels that the inaccuracies in the contract should be clarified before a vote is taken . 2 1 April 7 , 1993 Equity Housing in the City Mr. Jerry Weisburd spoke to Council as a proponent of equity housing in the City of Ithaca . He stated that between 1950 and 1990, the population of Tompkins County grew by 50% . During the same period of time, the permanent population in the City grew by about 40 people . Mr . Weisburd further stated that the environmental review process in the City is too onerous for the kind of development like the West Inlet Project to happen . He feels that there are a lot of people in the County who would live in the City if there were more opportunity to create equity housing and the City would profit from this culturally and economically. Strand Theater The following persons spoke to Council in support to Save Our Strand: Bill McCormick - City of Ithaca Doug Reid - Town of Ithaca r_. Laura Silvey - presented a petition with 100 signatures which is on file in the City Clerk' s Office Jean Finley - City of Ithaca Feather Dunbar - VanEtten, New York Diana Nathaniels - read a statement from Mark Weidman, Comptroller of Emerson Power Transmissions Corp. William Avramis - Town of Ithaca Atty. Jeff Coleman - City of Ithaca Mitch Dahl - City of Ithaca Fay Gougakis - City of Ithaca Mr. Michael Muraco, President of MSM Development Co. of Central New York, addressed Council and submitted letter of intent for purchase of the Strand Theater. Mr. Muraco stated that he would like to renovate and manage the theater. Community Development Block Grant Dr. James Orcutt, 324 Dryden Road, spoke to Council in opposition of the Community Development Block Grant application, specifically the development of a dental clinic in the City. Dr. Orcutt explained the Public Health Law as it pertains to the billing procedures of medicaid patients . He further stated that local Dentists would serve more medicaid patients if the Public Health Law was changed and they received a reasonable return for their services . Snow and Ice Removal Ms . LeMoyne Farrell , member of the Disability Advisory Council, thanked the Council and Asst . Superintendent Ferrel for their attention to snow and ice removal from the City sidewalks . "Taste of the Nation" Charity and the Strand Theater Mr . Alan Cohen, 302 E . State Street, spoke to Council regarding a charity event, "Taste of the Nation" on April 12th at the Statler Hotel . This event will benefit several local charities . Mr . Cohen also spoke to Council regarding the issue of the Strand Theater and urged the Council to go forward with the sale of the premises to RHP Properties , Inc . RESPONSE TO THE PUBLIC: Community Development Block Grant Alderperson Efroymson stated that there are many people who are not receiving dental services and the City needs to do what it can to assure, these people of dental care while attempts are being made to changeicurrent laws . 3 34 April 7 , 1993 Mayor Nichols stated his support of the grant for dental carte . He noted the many children who were not receiving adequateO�dental care . Strand Theater Alderperson Booth stated that the City is not acting on an issue in order to serve a particular person ' s private interests and that suggestion is erroneous and does a discredit to the dialogue that has taken place on all sides of the issue . Mayor Nichols commented that he is disappointed that no developer came forward sooner to ask questions regarding the Strand Theater. The City Attorney and the Planning Department have been available and eager to provide any information that was desired but no developer had bothered to come in until tonight . REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES: Board of Public Works Commissioner Reeves reported to the Council on the following items : Stewart Park Trash Policy - On March 10, 1993 the Board passed a new "carry in - carry out" trash policy at Stewart Park. It will be implemented on a trial basis for the 1993 season in May and the policy will be suspended during the Ithaca Festival . Blizzard 1993 - The overtime hours for the blizzard in March was 1 , 216 . The Department also used Water and Sewer labor and the total bill for regular wages and overtime was $36, 759 . The City used 500 tons of salt at $11 , 450; 1 , 800 tons of sand for $6, 300; there were additional costs for repairs , motels for the workers, equipment rentals, etc . The total Streets and Facilities out-of- budget costs for the first 5 days was $61 , 475 . , plus the Water and Sewer labor costs of $2 , 393 . making a grand total of $63 , 868 . (Note later report of the City Controller of additional costs) . Commissioner Reeves applauded the efforts of the crews . McCurdy Building Re-use - On March 24, 1993 the Board approved the request of Comex that a potential tenant be able to purchase 90 parking permits for the Green Street Parking Garage . Six Mile Creek Chemical Spill - There was a report on the chemical spill in Six Mile Creek at the Board meeting today. The Board has authorized Supt . Gray to contact both Therm, Inc . and the bEC to see if there is something they will do to notify and reassure the residents in the area about what has happened and what they can expect . Stewart Park Handicapped Access - Alderperson Golder thanked the Board and the Department of Public Works for all the work that has been done to make Stewart Park more handicapped accessible . Snow Storm - Police Chief McEwen stated that there was a number of businesses that contributed to the success of the Police Department ' s efforts during the snow storm. He wished to thank the Department of Public Works crews , the Fire Department, and in particular the Police Officers . He stated that the public was very cooperative and that made it much easier for the Police to do their job. Mayor Nichols stated that he has written letters of appreciation to the businesses and State agencies that helped the City crews during the storm. Disability Advisory Council - Alderperson Golder stated that Leslie Chatterton from the Planning Department is working on updating an accessibility study that was done in 1985 as part of the City' s efforts to comply with the Title II ADA Regulations . 4 April 7 , 1993 COMMUNICATIONS FROM THE MAYOR: Post Office Services Mayor Nichols announced that there will be a public hearing regarding the services provided to the public by the Post Office on Monday, April 19th at the Planning and Development Committee meeting. REPORT OF THE CITY CLERK: * 12 . 1 Designation of Polling Places for 1993 By Alderperson Romanowski : Seconded by Alderperson Efroymson RESOLVED, That the following be designated as Polling Places for 1993 : FIRST WARD 1st District Chestnut Street Alternative Community School 2nd District Chestnut Street Alternative Community School 3rd District 800 S . Plain St . Titus Towers 4th District 520 Hudson St . South Hill School LO 5th District 201 E . Green St . Mental Health Facility T_ SECOND WARD 1st District 300 W. Court St . GIAC 2nd District 300 W. Court St . GIAC 3rd District 310 W. Green St . Central Fire Station 4th District 310 W. Green St. Central Fire Station THIRD WARD lst District Cornell Campus Willard Straight Hall Central Avenue 2nd District Cornell Street Belle Sherman Annex 3rd District Cornell Street Belle Sherman Annex FOURTH WARD 1st District 635 Stewart Ave . Noyes Center 2nd District 309 College Ave . #9 Fire Station 3rd District 309 College Ave. #9 Fire Station FIFTH WARD 1st District 1012 N. Tioga St . #7 Fire Station 2nd District Corner King & Fall Creek School Aurora Streets 3rd District Robert Purcell Union Jessup Road, Cornell U. 4th District Corner King & Fall Creek School Aurora Streets Carried Unanimously (9-0) REPORT OF THE CITY CONTROLLER: Financial Report for the Blizzard of 1993 City Controller Cafferillo reported that his office has been working with the Department of Public Works regarding the figures for the blizzard of 1993 . He stated that the City has to include fringe benefits and all other costs the City was subjected to during the storm so that the report to the emergency aid fund is complete . He stated that once he is notified of how much money we will receive from State and Federal Aid, he will report back to the Council regarding the status of the Public Works budget . REPORT OF THE CITY ATTORNEY: B7.A/Joseph Rosenbloom Lawsuit City Attorney Guttman reported that the Board of Zoning Appeals was sued by Joseph Rosenbloom, whose property adjoins a service station located on North Cayuga Street . Mr . Rosenbloom was seeking judicial review of the BZA determination from last July regarding whether the current use of the service station was a valid non- conforming use . The Court agreed with the City that the use is a legal ryon-conforming use but remanded the matter back to the Board to det6rmine whether specific certain uses which are now being made of the property have been expanded and enlarged. 5 36 April 7 , 1993 Complaint by Mayor Nichols re. Postal Service City Attorney Guttman reported that on March 10, 1993 Mayor pi.chols filed a complaint with the US Postal Rate Commission regarding the consolidation of the Post Office without following appropriate procedures . The Postal Service has opposed the complaint, and City Attorney Guttman will respond to the Postal Service . PLANNING AND DEVELOPMENT COMMITTEE: * 18 . 3 Approval of McCurdy Building Reuse and Redesign By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, the terms of the mortgage securing the UDAG loan made by the City of Ithaca to Comex Plaza Associates provide for city approval of reuse of the property, and WHEREAS, Comex Plaza has presented to the City both a reuse and redesign plan for the property prepared by HOLT Architects and dated March 17 , 1993, and WHEREAS, the Common Council as the lead agency granting approval for this project has received a recommendation from the Commons Advisory Board- as called for in Section A 352-3 B of the City Charter; now, therefore, be it RESOLVED, That the Common Council hereby approves the proposed reuse and allocation of space in the building and the proposed alterations to the building elevations, as shown on the drawings prepared by HOLT Architects, dated March 17, 1993 provided that the proposed reuse, allocations of space, and alterations to the building meet all of the following requirements : 1 . Circulation - the ground floor circulation pattern will consist of a hallway at least twelve feet wide running east- west through the building connecting the Center Ithaca to a proposed lobby on the Aurora Street side of the building. The side of the hallway fronting the retail portion of the first floor will contain glazing such that it is as transparent as possible allowing for views into the retail space and the Commons beyond. This ha�lway will be intersected by another hallway connecting the existing front entrance of the building on the Commons to newly proposed office space at the rear of the ground floor. A small interior courtyard will be created at the intersection of these hallways . 2 . Space Allocation - the overall project may consist of retail, commercial, educational and office space. Retail space will at least consist of the area north of the first floor east west hallway connecting Center Ithaca to the new lobby on Aurora Street and fronting on the Commons and Aurora Street. 3 . Elevations - store fronts will be installed on the elevation facing the Commons and a portion of the elevation facing Aurora Street . Windows will be installed on the first floor elevation facing Green Street. Windows will be added on the second floor elevation facing the Commons and Aurora Street . 4 . Lighting - Independent of the retailers, lighting shall be provided to illuminate the outdoor arcade area facing the Commons and Aurora Street . Alderperson Booth asked City Attorney Guttman to state for the record that the City' s adoption of this resolution does not in any way foreclose the City' s future approval or authority for use of that building per the agreement under which the Council is now acting. City Attorney Guttman stated that his iegal opinion is that Council is approving a particular chEnce; if there are future changes, they will have to come bac}-. to the City under the mortgage rights . 6 37 April 7 , 1993 A vote on the resolution resulted as follows : Carried Unanimously (9-0) CHARTER AND ORDINANCE COMMITTEE * 15 . 1 Simeon' s Restaurant Request for Outdoor Dining Permit - Resolution By Alderperson Hoffman: Seconded by Alderperson Berg WHEREAS, in 1987 , 1988, 1989 , 1990, 1991 and 1992 the City of Ithaca issued a license to Simeon' s restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and lr WHEREAS, it is Common Council ' s responsibility to determine whether 'Y— or not to allow the serving and consumption of alcohol on the T--" Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon ' s Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $500, 000 . 00 insurance under the Dram Shop Act; now, therefore be it RESOLVED, for the year 1993, that Common Council hereby approves a revocable license agreement for the outdoor sale and consumption of alcohol between the City and Simeon' s Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $500, 000 . 00 and Commons Advisory Board approval for outdoor dining permits . Ayes ( 8 ) - Hoffman, Berg, Schroeder, Golder, Romanowski, Efroymson, Johnson, Daley Nay ( 1 ) - Booth Carried (8-1-0) RECESS: Common Council. recessed at 8 : 30 p.m. and reconvened in regular session at 8 : 50 p.m. NEW BUSINESS• Executive Session By Alderperson Efroymson : Seconded by Alderperson Schroeder RESOLVED, That this Council adjourn into Executive Session to discuss how to proceed with potential negotiations regarding the sale of the Strand Theater. Carried Unanimously (9-0 Regular Session By Alderperson Romanowski : Seconded by Alderperson Daley RESOLVED, That this Council reconvene in Regular Session at 9 : 20 p.m. to continue the meeting. Carried Unanimously (9-0) * 21 .2 Strand Theater - Resolution By Alderperson Booth : Seconded by Alderperson Schroeder RESOLVED, That the Mayor is authorized to enter into the attached contract with RHP Properties , Inc . to convey certain real property known is the Strand Theatre, and be it further 7 38 April 7 , 1993 RESOLVED, That the Mayor is authorized to take all appr priate steps to comply with the terms of the said contract incluAng but not limited to abating and removing hazardous substances from the premises; demolishing the improvements on the premises and rough grading the surface to present ground level and having prepared and signing the appropriate documents to convey the City ' s interest in the premises . AGREEMENT: OFFER TO PURCHASE REAL ESTATE RHP Properties , Inc . , a New York corporation having offices at Terrace Hill , Ithaca, N.Y. 14850 ( "Buyer" ) , hereby offers to purchase from the City of Ithaca, a municipal corporation under the laws of the State of New York and having offices at 108 East Green Street, Ithaca, N. Y. 14850 ( "Seller" ) , certain real property known as The Strand Theater, as follows : RECITALS WHEREAS Seller is in possession of certain tax deeds (the "Tax Deeds" ) made in December, 1981 , December, 1982 , December, 1983, December, 1984 , December, 1986 , December, 1987 , December, 1988, and December, 1989 , which deeds were given by Seller ' s City Chamberlain to Seller as grantee with respect to premises in the City of Ithaca known as the Strand Theater (hereafter referred to as the "Premises" ) , which Tax Deeds have never been recorded; and WHEREAS record title of the Premises is in William Wilcox, Barbara Theusen and the Estate of Elaine Downing (the "Record Owners" ) ; and WHEREAS Seller on behalf of the United States Appalachin Regional Commission has commenced a lawsuit in New York State Supreme Court against the Record Owners with respect to certain grants for improvements to the Premises (the "Lawsuit" ) , which Lawsuit is presently pending; and WHEREAS there are presently outstanding and overdue property taxes, interest and penalties owed to or claimed by the City of Ithaca, the County of Tompkins and the Ithaca City School District with respect to the Premises; and WHEREAS the Premises are currently designated as a local landmark by action of the Seller; and WHEREAS Buyer is desirous of acquiring marketable title to the Premises free and clear of all liens , taxes , restrictions or encumbrances other than ordinary zoning restrictions, and Seller desirous of conveying Premises to Buyer, NOW, THEREFORE, IN CONSIDERATION of these premises , the parties mutually covenant and agree as follows : 1 . SALE . The Seller agrees to sell and assign, and Buyer agrees to purchase, all of the Seller' s right, title and interest in and to a certain parcel of property known as the Strand Theater, 310-312 East State Street, Ithaca, N. Y. 14850, bearing tax parcel number 69-1-8 , and consisting of approximately 13 , 070 square feet with approximately 21 feet of frontage on East State Street, more fully described in a deed recorded in the office of the Tompkins County Clerk in Liber 559 of Deeds at Page 1119 (the "Premises" ) . TOGETHER WITH all rights of Seller in and to any and all streets , roads, highways, alleys , driveways , shores, waters, easements and rights of way appurtenant thereto; 8 39 April 7 , 1993 SUBJECT TO restrictive covenants of record (provided that the same have not been violated, unless the enforcement of said covenants has been barred by Section 2001 of the Real Property Actions and Proceedings Law) , water lines, sanitary sewer, drainage, and utility easements of record, provided said easements are or may be used only to service premises, and further provided that the improvements do not encroach upon the easements; 2 . PRICE The Purchase Price is Four Hundred Seventy Three Thousand Three Hundred Ten and 100/100 Dollars ( $473, 310 . 00 ) , plus the following costs , all of which shall be payable in cash at closing: a) An amount equal to the actual amount paid by the Seller to conduct an Environmental Audit of the Premises ( including pre- demolition asbestos survey, site assessment and preparation of consulting specifications ) to determine the existence of environ- LO mentally-hazardous substances such as asbestos which would have to be removed from the Premises or abated prior to demolition of the �-°- Premises, which cost is presently estimated at $6, 000 . 00 but shall not in any case exceed the sum of $7 , 500 . 00; $) An amount equal to the actual amount paid by the Seller to abate 'or remove such environmentally hazardous substances, and to monitor the removal thereof . At the time of execution of this Agreement the cost of such removal and monitoring is estimated to be $98 , 000 . 00, based upon Seller' s expectation that it will receive certain variances from the New York State Department of Health. Buyer acknowledges that receipt of such variances is not assured. Buyer shall have the right to review and comment on the results of the environmental audit and abatement/removal plan prior to the letting of any contract for this work. Seller shall use its best efforts to obtain a variance from the N. Y. S . Health Department to permit removal of asbestos from the Premises without use of tenting. c) An amount equal to the actual amount paid by the Seller to demolish the improvements on the Premises as provided in paragraph 3 (a) of this Agreement, including the actual demolition of the improvements on the Premises, the cost of rough grading the surface to present ground level as provided for in paragraph 3 (a) of this Agreement and the removal from the site and the disposal of the demolished improvements . The present estimate of the cost of such Demolition is $100, 000 . 00 . Buyer expressly acknowledges that such sum may rise and shall be adjusted in the event of unforseen circumstances arising in the course of demolition, but shall in no case exceed the sum of $120, 000 . 00 . d) An amount equal to the Seller ' s "in-house" expenses in conjunction with the Demolition of the Premises , which sum shall include the following items : ( i ) The cost of administration and inspection of the Demolition work, being the number of hours spent by personnel of the Seller' s Department of Public Works, as measured by their timesheets, in arranging, overseeing and/or managing the environmental audit, the removal of such environmentally hazardous substances, and the actual demolition and disposal of the remains of the improvements , multiplied by the hourly salary rate of the individual ( s ) concerned and further multiplied by a factor of 1 . 4 to cover the Seller' s overhead in providing such services . The cost payable pursuant to this subsection shall not exceed the sum of $15 , 400 . 00 . 9 40 April 7 , 1993 ( ii) The actual costs incurred by Seller for pr nting, advertising, and financing or interest charges incurd in connection with this Agreement . The costs payable pursuant to this subsection shall not exceed the sum of $6, 500 . 00 . ( iii ) The actual costs incurred by Seller for relocation and/or protection of a water main and sanitary sewer line, if required. The cost payable pursuant to this subsection shall not exceed the sum of $5 , 000 . 00 . (e) Prior to closing Seller may at its own cost and expense remove from the Premises any salvageable articles or materials, including but not limited'to architectural artifacts . Such salvage shall be without setoff against the amounts to be paid to Seller by Buyer pursuant to this Agreement except that the market value ( if any) of the boiler in the Premises, reduced by the cost of removal of the boiler from the Premises, shall reduce dollar-for-dollar the sum to be paid to Seller pursuant to paragraph 3 (d) of this Agreement . 3 . CERTIFICATIONS, CONDITIONS PRECEDENT a) Prior to closing Seller shall furnish to Buyer its written certification that ( i) Seller has lawfully demolished and removed from the Premises all improvements thereon, rough-grading the surface to present ground level ( "Demolition" ) , and ( ii) there is no pending action or proceeding of any nature challenging the Demolition or sale of the Premises and that the time within which to bring such challenge has expired. Buyer agrees that Seller may fill the foundation hole with rubble from the demolition of the premises provided that such rubble remaining shall not contain any environmentally-hazardous materials or any significant quantity of biodegradable materials such as would cause surface subsidence . b) At or prior to closing, Seller at its own cost and expense shall record in the Office of the Tompkins County Clerk the 1981 Tax Deed, and a quit claim deed from each of the Record Owners, which deed( s ) shall name Seller or Buyer as Grantee . c) At or prior to closing Seller shall furnish to Buyer in recordable form a document executed by or on behalf of the United States Appalachin Regional Commission releasing any claimed lien which it may have against the Premises and a stipulation of discontinuance of the Lawsuit, with prejudice . d) At or prior to closing Seller shall furnish to Buyer in recordable form a discharge of a certain mortgage on the Premises in the face amount of approximately $35, 000 . , given to Wilcox Press, Inc . , as mortgagee . e) In the event Seller is unable to furnish to the quitclaim deeds, stipulation or discharge of mortgage referred to in subdivisions (b) , (c) and (d) of this section, Buyer shall accept a final judgment by a court of competent jurisdiction declaring Seller to be the owner in fee simple of the Premises, it being the intention of the parties that upon the occurrence of the closing contemplated by this Agreement, the Buyer should have obtained marketable and insurable title to the Premises . 4 . TITLE SEARCH The Seller shall furnish and deliver to the Buyer or his attorney, at least fifteen ( 15 ) days prior to the date of the closing, a title search by an abstract company showing a warranty deed of record at least forty (40 ) years previous, and shall furnish at least ten ( 10) days prior to closing, clean tax searches dated within twenty ( 20 ) days of closing, together with copies of 10 41 April 7 , 1993 the tax receipts covering the previous twelve ( 12 ) months , demonstrating that all taxes and assessments of whatever nature have been paid to date . 5 . SURVEY The Seller shall , at Seller ' s expense, furnish and deliver to the Buyer or his attorney within a reasonable time before closing an occupational survey which shows the corners monumented, currently dated and certified to Buyer and Buyer ' s attorney by a land surveyor duly licensed by the State of New York. The survey shall show the premises and the location of all improvements, and easements and rights of way, and shall be in a form acceptable for filing in the Tompkins County Clerk' s Office, together with ten copies . 6 . CLOSING ADJUSTMENTS Current taxes, assessments, and water and sewer charges, if any, be adjusted to date of closing, all other overdue taxes, w� assessments , penalties or interest thereon to have been discharged or forgiven prior to closing. 7 . RISK OF LOSS Risk of loss until closing shall be in accordance with Section 5-1311 of the New York State General Obligations Law (Uniform Vendor and Purchaser Risk Act) . 8 . REJECTION OF TITLE In the event that the Buyer shall raise objection to the Seller' s title, which if valid, would make it impossible to obtain fee title insurance, or which would render the title unmarketable for the present or intended use as a commercial property, or the improvements illegal (being in violation of any effective law, ordinance, regulation or restriction) , the Buyer shall have the right to cancel this Agreement by giving written notice of such cancellation to the Seller, whereupon all liability by reason of this Agreement shall cease; provided, however, if the Seller shall be able within a reasonable length of time to cure the objection, or if either party shall secure a commitment for title insurance to insure against the objections raised and Seller shall pay the cost thereof, then this contract shall remain and continue in full force and effect . 9 . DEED AND CLOSING a) Seller shall convey its interest in the Premises by a deed containing a covenant against grantor ' s acts . b) Closing shall occur not later than December 31 , 1993 or this Agreement shall terminate without further liability of either party to the other. Provided, however, that ( i) Buyer in its sole discretion exercised in writing may extend such termination date for a period or periods, ( ii ) provided further that such termination date shall automatically be extended for any interval during which there is pending and Seller is diligently defending against an Article 78 or equivalent proceeding or appeal thereof challenging Seller' s right to demolish the improvements on the Premises or for the duration of any event which would prevent the Seller ' s performance and which is beyond its control ( "force majeure" ) , and ( iii ) no such automatic extension shall be effective to extend the date of closing beyond December 31 , 1994 . y i 11 42 April 7 , 1993 10 . POSSESSION Possession of the Premises shall be available to the Buyer on date of closing. 11 . INDEMNIFICATION a) Seller shall defend, indemnify and hold harmless Buyer against any and all manner of claim, liability or expenses, including but not limited to reasonable attorney fees, arising out of any claim that might arise as a result of the Seller' s demolition of the improvements upon the Premises . b) Seller shall defend, indemnify and hold harmless Buyer against any claim or liability for property taxes or any similar assessment respecting the Premises and arising out of any period of time prior to closing., 12 . SURVIVAL The provisions of the preceding paragraph, Indemnification, shall survive the closing. 13 . REAL ESTATE BROKERAGE It is understood and agreed that no real estate broker or salesman was involved or concerned in this sale . 14 . BINDING EFFECT This Agreement shall bind the parties, their successors and assigns , and may not be modified except in a writing signed by the party to be charged. 15 . ACCEPTANCE This Agreement is executed by Buyer in the form of an Offer to Purchase Real Property which may be accepted by Seller ' s execution of the Agreement by an appropriate officer and delivery of a fully- executed copy to the offices of Buyer on or before the close of business May 7 , 1993, in default of which this Offer to Purchase shall lapse and be of no further force or effect, and neither party shall have any further obligation to the other . This Offer to Purchase Real Property may not be revoked by Buyer . Motion to Table By Alderperson Daley: Seconded by Alderperson Berg RESOLVED, That the matter of the sale of Strand Theater be tabled until the Common Council meeting on May 5, 1993 . Ayes ( 8 ) - Daley, Berg, Hoffman, Schroeder, Efroymson, Golder, Johnson, Booth Nay ( 1 ) - Romanowski Carried (8-1-0) INTERGOVERNMENTAL RELATIONS COMMITTEE: Strand Theater By Alderperson Daley: Seconded by Alderperson Efroymson RESOLVED, That the Intergovernmental Relations Committee, acting as a Committee of the Whole, will receive any purchase offer by or at its meeting of Thursday, April 22 , 1993 at 7 : 30 p.m. , and be it further RESOLVED, That three members of Council, working with staff and the Mayor, will determine and provide to any perspective purchaser the elements that will be required in the purchase offer. Discussion followed on the floor . 12 41 April 7 , 1993 A vote on the resolution resulted as follows : Ayes ( 8 ) - Daley, Efroymson, Booth, Hoffman, Schroeder, Berg, Golder, Johnson Nay ( 1 ) - Romanowski Carried (8-1-0) NEW BUSINESS• Resolution of Appreciation to _ Employees For Work During the Blizzard of 1993 By Alderperson Daley: Seconded by Alderperson Romanowski RESOLVED, That the Common Council recognizes and appreciates the herculean efforts of the City personnel during the snow emergency known as the "Blizzard of ` 93" . Carried Unanimously (9-0) BUDGET AND ADMINISTRATION COMMITTEE: * 16. 1 DPW - Request to Promote Senior Account Clerk Typist By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That Cindy Percey be provisionally appointed to the position of Principal Account Clerk in the Transit Department of the Department of Public Works at $21 , 189 . , which is Step 7 on the 1992 compensation schedule of the C. S . E.A. Administrative Unit, effective April 12 , 1993 . Ayes ( 8 ) - Booth, Schroeder, Hoffman, Berg, Daley, Johnson, Romanowski, Efroymson Nay ( 1 ) - Golder Carried (8-1-0) * 16.2 DPW - Request to Increase Street Permit Fees By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, Common Council has directed the Board of Public Works in its 1993 Budget Direction to review the possibility of increasing fees for "Street Opening Permits, " and WHEREAS, the Board of Public Works has approved and adopted the following "Street Opening Permit" rates; now, therefore be it RESOLVED, That the following Street Permit fees are hereby approved by Common Council : Sidewalk Construction Fee $10 . 00 Street Opening Fee $30 . 00 Discussion followed on the floor . A vote on the resolution resulted as follows : - Carried Unanimously (9-0) * 16 . 3 DPW - Request to Transfer Funds For' Sewer Replacement By Alderperson Booth : Seconded by Alderperson Daley WHEREAS, Cornell University is currently renovating drainage and reconstructing parking lots in the Stewart Avenue/University Avenue area where a replacement sanitary sewer main has been proposed, and WHEREAS, the planned replacement of this line will eliminate an acute drainage problem and relocate the Cornell flow to a monitoring manhole to help verify billing, and WHEREAS, this Cornell project provides an unanticipated opportunity to complete a portion of the proposed sewer at a substantial savings; now, therefore, be it RESOLVED, That $20, 000 be transferred from Account G1990 - Sewer Fund CQptingency Account to Account G 8121-435 Contractual Services to facilitate this work. Carried Unanimously (9-0) 13 44 April 7 , 1993 * 16 .4 DPW - Request Coilection of 1992 Sidewalk Assessmep&s By Alderperson Booth: Seconded by Alderperson Johnson 06. WHEREAS, the Board of Public Works levied sidewalk assessments on June 17 , 1992 in the City of Ithaca, and WHEREAS, a public hearing thereon was held by said Board on June 24, 1992 , and WHEREAS, on March 10, 1993 said Board approved said assessments and filed a schedule thereof with the Common Council for confirmation and final approval, such schedule being set forth in Attachment A which is made part of this resolution; now, therefore, be it RESOLVED, That said assessments in the total amount of $10, 390 . 09 be, and the same is hereby approved and confirmed, and be it further RESOLVED, That the City Clerk be, and hereby is, directed to prepare a warrant on the City Chamberlain, in accordance with such schedule, for the collection of said assessments; and that the Mayor and City Clerk be authorized to sign and execute such warrant; whereupon all such assessments will become due and payable from the date of execution thereof; and on all such assessment or portions thereof remaining unpaid after the expiration of six months from the date of such warrant, the City Chamberlain shall add and collect the percentage thereon, at the rate of 10% per annum, except and provided, however, that the City Chamberlain may allow persons to pay their assessments , if the aggregate amount exceeds $100 . , in five equal installments, with interest at 10%, on or about June 1 , each year, provided, however, that any person desiring to pay by installments shall make application promptly, in writing, to the City Chamberlain; and all properties having such assessments or portions thereof of installment payments in arrears and remaining unpaid at the close of any City Tax collection period shall be included by the City Chamberlain in the subsequent City Tax to be collected in the manner and subject to the same penalties and procedures as the City Tax. Attachment A: OWNER'S NAME PROP ADDRESS AMOUNT & ADDRESS - work site- OWED Kathleen Gale Stone 510 S . Albany $ 323 . 44 510 S . Albany St . Ithaca, NY 14850 James & Louise Rotholz 115 S . Titus 112 . 13 & J. Penniman 480 Halseyville Rd. Trumansburg, NY 14886 Theron Johnson 220 W. Spencer 534 . 75 138 Linn St . Ithaca, NY 14850 Victoria Romanoff 112 W. Marshall St . 1280 . 81 & Sara Hector 112 W. Marshall St. Ithaca, NY 14850 Charles Pomada 413 S . Geneva St. 1313 . 13 & K. Noonan 85 Starks Road Newfield, NY 14867 14 45 April 7 , 1993 Beatrice Hanrahan 401 S . Cayuga St . 77 . 63 401 S . Cayuga St . Ithaca, NY 14850 Marc & Virginia Albanese 428 S . Geneva St . 107 . 81 428 S . Geneva St . Ithaca, NY 14850 Steven Centeno 216 W. Spencer St . 560 . 63 421 N. Albany St . Ithaca, NY 14850 Carl Eichenlaub 217 Wood St . 240 . 63 217 Wood St . Ithaca, NY 14850 Eileen Sommers 616 S . Plain St . 77 . 63 616 S . Plain St . L Ithaca, NY 14850 Monica Burgess 515 S . Cayuga St . 1690 . 31 3 Edward St . Binghamton, NY 13905 Robert & Esther Johnson 215 Wood St . 240 . 63 e+2 65 Nates Floral Estates Ithaca, NY 14850 William Baldini 505 S . Cayuga St . 646 . 88 & David Buckle 27 Beckett Way Ithaca, NY 14850 Jeanne Riley 806 S . Plain St . 107 . 81 806 S . Plain St . Ithaca, NY 14850 Thomas Kimble 801 S . Plain St . 107 . 81 801 S . Plain St . Ithaca, NY 14850 Florence Smith 423 S . Geneva St . 207 . 00 423 S . Geneva St . Ithaca, NY 14850 Wayne Wheeler 608 S . Albany St . 564 . 06 608 S . Albany St . Ithaca, NY 14850 - George & V. Demas 612 E . State St . 1293 . 75 POB 2144 Telluride, CO 81435 Anna Birmingham 233 Wood St . 481 . 25 233 Wood St . Ithaca, NY 14850 John & Marlene Driscoll 113 S . Titus Ave . 422 . 00 113 S . Titus Ave . Ithaca, NY 14850 Total $10390 . 09 Carried Unanimously (9-0) v 15 46 April 7 , 1993 * 16.5 Planning Department - Request to Authorize Mayor Tip Sign Youth Bureau Acoustic Project Design Contract By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, the Client Committee for the Youth Bureau Acoustic Project has received proposals for Architectural Design related to the Acoustic Project, and WHEREAS, the Client Committee has recommended that the firm of Demjanec & Associates be retained to perform the architectural design for said project; now, therefore, be it RESOLVED, That Demjanec & Associates be retained to perform the total architectural design phase of the Youth Bureau Acoustic Project at a cost not to exceed $8, 550, including reimbursables, and that the Mayor be authorized to execute the necessary contract documents upon the recommendation of the City Attorney and Planning Director, and be it further RESOLVED, That said funds shall be derived from Capital Project #244 Youth Bureau Acoustics . Carried Unanimously (9-0) * 16. 6 Finance Department - Chamberlain - Request To Deny Waiver of Tax Penalty By Alderperson Booth : Seconded by Alderperson Daley WHEREAS, the property owner of 132-134 Linn Street has filed a request to waive a $20 . 75 penalty on tax bills sent to an incorrect address; now, therefore, be it RESOLVED, That the request to waive the $20 . 75 penalty on taxes be denied in accordance with NYS Real Property Tax Law. Carried Unanimously (9-0) * 16 .7 Downtown Revitalization Leadership Committee - Request to Appropriate Funds For Downtown Improvement Projects By Alderperson Booth : Seconded by Alderperson Schroeder WHEREAS, the Downtown Revitalization Leadership Committee has recommended the following projects to be funded using available funds received from G & M Associates for use of land under the Green Street Ramp, and WHEREAS, the funds available for stated projects exist in Capital Project #271 Downtown Improvements; now, therefore, be it RESOLVED, That Common Council hereby approves the funding and implementation of the following projects : 1 . Downtown Directional Signage - To install signage along State routes into the City, directing drivers to the downtown and public parking facilities areas Cost not to exceed $8, 000 . 00 2 . Clock Tower Directories - To upgrade, expand, and permanently mount the three existing directories on The Commons Cost not to exceed $3 , 000 . 00 3 . Magnetic Announcement Boards - To permanently attach large marquee-style announcement boards :co each existinc clock tower Cost not to exceed $6, 000 . 00 4 . Downtown Revitalization Leadership Committee Support - To support, by contract, the Downtown Re�•italization Leadership Committee to oversee the implementation of the Downtown Vision Task Force ' s recommendations until a decision about a Business Improvement District is made Cost not to exceed $5, 000 . 00 16 47 April 7 , 1993 and be it further RESOLVED, That an amount not to exceed $22 , 000 to fund above said projects be derived from Capital Project #271 Downtown Improvements, and be it further RESOLVED, That the Mayor will only approve funds from Capital Project #271 for the projects listed above . Extensive discussion followed on the floor regarding Item #4, and additional signage for bus shelters . A vote on the resolution resulted as follows : Ayes ( 7 ) - Booth, Romanowski, Efroymson, Schroeder, Berg, Johnson, Daley Nays ( 2 ) - Hoffman, Golder Carried (7-2-0) * 16.8 Police Department - Request to Standardize on Closed Yry- Circuit Television System -- By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility, uniformity, economics and security to approve the standardization of NAVCO Security Systems Closed Circuit Television equipment for the Police Department, and WHEREAS, a significant capital investment has been made in the existing closed circuit television system for the Police Department; now, therefore, be it RESOLVED, That pursuant to Section 103 , subdivision 5 of the General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of NAVCO Security Systems Closed Circuit Television System as the type of system to be used and purchased by the City of Ithaca Police Department, and be it further RESOLVED, That the Police Chief be authorized to execute an agre,;ment with NAVCO Security Systems for said system. Carried Unanimously (9-0) * 16 .9 Audit By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the bills presented, as listed on Audit Abstract #6/1993 in the total amount of $36, 236 . 91 be approved for payment . Carried Unanimously (9-0) HUMAN SERVICES COMMITTEE: Police Community Task Force - Report Alderperson Johnson reported that representatives from the Training Sub-committee of the Community Police Relations Steering Committee will be submitting the survey of Police Officer training to the Committee in April . Alderperson Johnson further stated that the Human Services Committee took action on the first five recommendations regarding the Police Board sub-committee report . The Committee voted not to change the name of the Community Police Board to the Citizens Commission on Community Relations; they supported the recommendation that the Board be increased from five to seven members; they encouraged the Mayor, during the screening process for appointments to the Board to include a description of the work of the Board, and that before accepting an appointment a perspective appointee must make a commitment to spend the amount of time ,, ecessary fci active participation on the Board; they supported the recommendation that the Police Commissioner' s appointment be withdrawn when a member has -been absent without good 17 48 April 7 , 1993 cause for three meetings in any calendar year; the Human Services Committee recommended that the Commissioners be chosen from ,.-�l wide range of culturally and economically diverse community groups representing interests that would most likely be affected by the Police Board' s activity. Alderperson Johnson stated that the other five recommendations will be reviewed at the Human Services Committee meeting on April 8 , 1993 and a report will be forthcoming to Council . City/County _Community and Human Service Funding - Report Alderperson Johnson reported that work still needs to be done regarding the Human Services funding by the City that may be affected by the negotiations with the County. It will be discussed at a County meeting tomorrow and at the Human Services Committee meeting tomorrow night. PLANNING AND DEVELOPMENT COMMITTEE: * 18. 1a - 1993 Community Development Block Grant Application Approval By Alderperson Schroeder: Seconded by Alderperson Johnson WHEREAS, the Common Council recognizes the need to support efforts which promote affordable housing, job creation and retention, and increased public services to Ithaca ' s low and moderate income population, and WHEREAS, the Ithaca Urban Renewal Agency and the Community Advisory Committee have approved the 1993 CDBG and recommended that the application be submitted to Common Council for their review, and WHEREAS, the Planning & Development Committee has reviewed the recommendations from the IURA and the CAC for the 1993 CDBG application; now, therefore, be it RESOLVED, That the Common Council , upon recommendation of the Planning & Development Committee, approves the 1993 Community Development Block Grant application, and be it further RESOLVED, because final funding notification has not been issued by HUD, and the budgets to the above projects may have to be modified, the Common Council authorizes staff to, if necessary, make minor budget modifications in the aforementioned projects, with "minor" understood to be changes ranging up to $20 , 000 . Alderperson Romanowski suggested the following amendment: RESOLVED, That $75 , 000 for the Ithaca Dental Clinic be eliminated from the grant . The motion failed for lack of a second. Alderperson Romanowski stated for the record that he will vote for the resolution but he does have a major objection with the funding for the Ithaca Dental Clinic . Further discussion followed on the floor . A vote on the resolution resulted as follows : Carried Unanimously (9-0) * 18 . 1b - Revolving Loan Fund for Economic Development By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, the Ithaca Urban Renewal Agency receives payments on economic development loans made as part of past Community Development Block Grant applications , and 18 49 April 7 , 1993 WHEREAS, the IURA desires to expand the current economic development program in order to create more job opportunities for low and moderate income individuals and expand the City' s commercial and industrial tax base, and WHEREAS, the current program is limited to financing one or two projects per year as part of the CDBG application, and WHEREAS, in order to expand the program in compliance with HUD regulations the payments received must be kept in a designated Revolving Loan Fund, and WHEREAS, the IURA recommends that current and future repayments on CDBG generated by economic development projects be allocated to the Revolving Loan Fund, and requests approval of this activity from Common Council, now therefore, be it RESOLVED, That the Common Council endorses the IURA' s recommendation and approves the establishment of a Revolving Loan Fund. Alderperson Schroeder explained the resolution . Extensive discussion followed on the floor regarding the revolving load fund with City Controller Cafferillo and Trish Norton of the Planning Department answering questions . Motion to Refer By Alderperson Efroymson: Seconded by Alderperson Hoffman RESOLVED, That the matter of a Revolving Loan Fund be referred back to the Planning and Development Committee to look at whether or not another type of Revolving Loan Fund might be a more appropriate use of City funds . Discussion followed on the floor . A vote on the referring resolution resulted as follows : Ayes ( 5 ) - Booth, Golder, Efroymson, Hoffman, Berg Nays ( 4 ) - Daley, Johnson, Romanowski, Schroeder Carried (5-4-0) * 18. 1c - Reprogramming of Bus Shelter Funds to INHS Rental Housing By Alderperson Schroeder : Seconded by Alderperson Daley WHEREAS, CDBG funds in the amount of $4, 790 were approved in the 1990 Block Grant to be used for the construction of a bus shelter in front of the original Mutual Housing site on Floral Avenue, and WHEREAS, the bus shelter was never constructed because the MHA project was moved to another site, and WHEREAS, these funds are the only remaining funds in the 1990 CDBG and HUD has suggested that the 1990 CDBG be closed, and WHEREAS, the City' s competitive position vis-a-vis the 1993 Block Grant application would be improved if the CDBG was fully closed out, and WHEREAS, Ithaca Neighborhood Housing Services has requested that the funds be reprogrammed to support the rehabilitation of an affordable INNS rental property located at 110-112 Esty Street, and WHEREAS, the Ithaca Urban Renewal Agency approved the reprogramming of the 1990 Bus Shelter Floral Avenue funds to INHS for the rehabilitation of the affordable rental property and requests that Commorr,, Council review and approve the program amendment; now, therefbre be it 19 50 April 7 , 1993 RESOLVED, that the Common Council approves the reprogramming of the 1990 Bus Shelter funds in the amount of $4, 790 to INHS to Aipport the renovation of the affordable rental property located at 110-112 Esty Street . Carried Unanimously (9-0) * 18. 1d - Reprogramming of Program Income Funds By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, the IURA proposes to Common Council that the program income which is now on the City' s Line of Credit (LOC) account be used, on a one time basis, to finance the City' s 1993 allocation to Ithaca Neighborhood Housing Services and that miscellaneous revenue received from HODAG and UDAG repayments be maintained to finance federal obligations for CDBG administration in the event of a non- funded year; now, therefore, be it RESOLVED, That the Common Council approves the IURA' s proposal to finance the City' s 1993 allocation to Ithaca Neighborhood Housing Services from the Line of Credit account and that miscellaneous revenue received from HODAG and UDAG repayments be maintained to finance federal obligations for CDBG administration in the event of a non-funded year . Carried Unanimously (9-0) * 18 .2 Local Law Making the Provisions of Article 19-A of the General Municipal Law Regarding Business Improvement Districts Applicable to the City of Ithaca By Alderperson Schroeder : Seconded by Alderperson Daley Local Law No. of the year 1993 City of Ithaca A local law making the provisions of Article 19-A of the General Municipal Law regarding Business Improvement Districts applicable to the City of Ithaca. WHEREAS, the creation of a public-private coalition to examine the feasibility of the Business Improvement District (B. I . D. ) was one of the high priority recommendations of the Downtown Vision Task Force, and WHEREAS, a Business Improvement District Steering Committee consisting of property owners , tenants and public sector representatives has been created and has determined that based on information gathered from property owners and tenants ' from questionnaires and several public meetings sufficient interest exists in the formation of a B. I . D. , and WHEREAS, formal preparation of a district plan detailing the specifics of a Business Improvement District is the next step in this assessment process and must be preceded by the adoption of a local law making applicable to the City of Ithaca Article 19-A of the General Municipal Law which allows the formation of the B . I .D. in the City of Ithaca and the definition of specifics of the district plan; now, therefore, be it ENACTED, by the Common Co-.-.ncil of the City of Ithaca, New York as follows : Section 1 . The provisions of Article 19-A of the General Municipal Law are hereby made applicable to the establishment of Business Improvement Districts in the City of Ithaca . Section 2 . This law shall take effect immediately upon filing with the Secretary of State, provided, however, that such local law is subject to a permissive referendum and the City Clerk shall forthwith proceed to notice such fact and conduct such referendum if required by petition . 20 51 April 7 , 1993 For the record, City Attorney Guttman stated that this Local Law was laid on the table two weeks ago. A vote on the motion resulted as follows : Carried Unanimously (9-0) * 18 .4a - An Ordinance Amending Chapter 325, Regarding Transfer Stations for Recyclable Materials - Designation of Lead Agency Status for Environmental Review By Alderperson Schroeder : Seconded by Alderperson Daley WHEREAS, State Law and Section 176 . 6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and State environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed ordinance amending the Zoning Ordinance y_r regarding transfer stations for recyclable materials requires review under the City' s Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council does hereby declare itself lead agency for the environmental review of the proposed amendment to the Municipal Code of the City of Ithaca . Carried Unanimously (9-0) * 18.4b - Declaration of No Significant Environmental Impact By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, an amendment to the Municipal Code of the City of Ithaca Zoning Ordinance Section 325-8 regarding Transfer Stations for Recyclable Materials requires review under the State and City Environmental Quality Review Act, and WHEREAS, appropriate Environmental Review has been conducted including the preparation of a Short Environmental Assessment Form, and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act ( SEAR) , including the Part 617 Regulations thereunder, and is an "unlisted" action under the City Environmental Quality Review Act, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth in the Short Environmental 'Assessment Form dated November 25, 1992 , and be it further RESOLVED, That this Common Council, as lead agency in this matter, does hereby determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachments in the City Clerk' s office and forward the same to all parties as required by law. Carried Unanimously (9-0) 21 52 April 7 , 1993 * 18 .4c -An Ordinance Amending Section 325-8 of Chapt r 325 Entitled "Zoning" of the City of Ithaca Municipal Code, Re rding Transfer Stations for Recyclable Materials By Alderperson Schroeder: Seconded by Alderperson Johnson ORDINANCE NO. 93 - An ordinance amending the zoning map and Chapter 325 of the City of Ithaca Municipal Code . WHEREAS, transfer stations for recyclable materials are currently allowed in B-4 and B-5 zones , and WHEREAS, this land use generates a level and type of activity that is generally incompatible with the retail and commercial uses allowed in these zones, and WHEREAS, transfer stations for recyclable materials are more appropriately located in industrial zones; NOW THEREFORE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows : Section 1 . That Section 325-8 entitled "District Regulations" and the official zoning map of the City of Ithaca, New York, as last amended, are hereby amended to delete from the permitted primary uses in the B-4 and B-5 zones "Transfer Stations for Recyclable Materials" and that Section 325-8 and the official zoning map of the City of Ithaca, New York, as last amended are further amended to add to the permitted primary uses in the I-1 zone "Transfer Station for Recyclable Materials" . Section 2 . That Section 325-3 entitled "Definitions and Word Usage" be amended such that the definition for Transfer Station for Recyclable Materials be amended to read as follows : "TRANSFER STATION FOR RECYCLABLE MATERIALS-A COMPLETELY ENCLOSED FACILITY FOR THE BULK SORTING AND/OR PACKAGING OF GLASS, PAPER AND OTHER LIGHT RECYCLABLE MATERIALS . Section 3 , Effective date . This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter . Carried Unanimously (9-0) * 18 . 5 - An Ordinance Amending Section 325-8 of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code, Regarding M-1 Zone Permitted Uses, and Maximum Building Height - Call for Public Hearing By Alderperson Schroeder: Seconded by Alderperson Daley RESOLVED, That Ordinance No . 93- entitled "An Ordinance Amending the zoning Map and Chapter 325, Section 8, District Regulations of the City of Ithaca Municipal Code" is hereby introduced before Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid Ordinance to be held at the Common Council Chambers, City Hall , 108 East Green Street, in the City of Ithaca, New York, on Wednesday, May 5, 1993, at 7 : 00 p.m. , and be it further 22 53 April 7 , 1993 RESOLVED, That the City Clerk shall give notice of such public hearing by the publication of notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance . This notice shall be published once at least fifteen ( 15 ) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning Board true and exact copies of the proposed Zoning Ordinance for their reports thereon. The Ordinance to be considered shall be the following: ORDINANCE NO. 93 - --- An Ordinance amending the zoning map and Chapter 325 of the City of Ithaca Municipal Code. WHEREAS, the Planning and Development Committee has recommended the following modifications to the M-1 zone which will help to create a development pattern consistent with the Inlet Island Land Use Plan : 1 . "wholesale business" and "warehouse storage facilities" . `' be eliminated from the list of all allowable uses in the M-1 zone 2 . the maximum height for certain uses in this zone be reduced from 70 feet to 50 feet . NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows : Section 1 . That Section 325-8 entitled "District Regulations" and the official zoning map of the City of Ithaca, New York, as last amended, are hereby amended to delete from the permitted primary uses in the M-1 zone "Wholesale business" , "warehouse storage facility. " Section 2 . That Section 325-8 : District Regulation Chart, Column 8 and 9 be amended to add to residential, hotel, motel, boatel, the following: mixed use projects consisting of retail, office and residential uses and that the Number of Stories for these uses be reduced from 6 to 5 and the Height in Feet be reduced from 70 feet to 50 feet . Section 3 . Effective date . This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter . Amending Resolution By Alderperson Daley: Seconded by Alderperson Berg RESOLVED, That there be an Item #3 added to read as follows : " 3 . the minimum building height in this zone shall be 25 feet; " And that Section 3 shall read as follows : "Section 3 . That Section 325-8 : District Regulation Chart, Column 16, be amended to add a minimum building height of 25 feet . " And that Section 3 in the original ordinance be re-numbered to Section 4 . A vote,, on the Amending Resolution resulted as follows : + Carried Unanimously (9-0) 23 54 April 7 , 1993 Main Motion as Amended I A vote on the Main Motion as Amended (Call for Public HA ring) resulted as follows : Carried Unanimously (9-0) Inlet Island Land Use Plan - Report Alderperson Schroeder reported that staff is proceeding as expeditiously as possible on pursuing the Inlet Island Land Use Plan . Staff is working with State Parks and National Parks to determine several alternatives that the City could take to get an alienation bill to the Legislature. INTERGOVERNMENTAL RELATIONS COMMITTEE: Purchase Offer for City Hall Annex Mayor Nichols reported that the City has received a purchase offer for the City Hall Annex of $125, 000 . The IGR Committee made no motion to accept the pffer and forwarded it to the Ithaca Urban Renewal Agency . The IURA has also determined that they are not ready to accept that offer . Mayor Nichols further stated that the Committee voted to recommend to the IURA that the present agreement with LAMA Real Estate Agency be extended for three months until July 7 , 1993 . Re-negotiation of Comex Mortgage Mayor Nichols reported that the IGR Committee is working on the re- negotiation of the mortgage with Comex. Seacord Property Purchase Mayor Nichols reported that the IGR Committee has had further discussions on negotiations for the purchase of the Seacord property and those are proceeding. Intergovernmental Relations Committee Meeting Mayor Nichols reported that the Committee will be meeting on April 22 at 7 : 30 p.m. as a Committee of the Whole for the purpose of considering purchase offers on the Strand Theater . UNFINISHED AND MISCELLANEOUS BUSINESS * 21. 1 Agreement with County Regarding Sales Tax - Revised Resolution By Alderperson Romanowski : Seconded by Alderperson Johnson WHEREAS, the City of Ithaca is a part of Tompkins County and persons owning real property situate in the City of Ithaca pay not only City taxes to the City, but also pay County taxes to the County; and WHEREAS, the City provides certain services which benefit not only City residents, but also benefit residents of the County who reside outside the City limits, including but not limited to transit services, police protection, roads and bridges , parks and recreation, etc . ; and WHEREAS, the City also provides certain services, including but not limited to transit, roads and bridges, criminal prosecution, youth development and recreation mainstreaming services, etc . which are paid for out of the City' s general funds, while similar services provided in the towns and villages in Tompkins County are paid wholly or partially for out of the County general funds to which City residents contribute; and WHEREAS, the County wishes to obtain the City' s support for proposed New York State legislation which would authorize the County to charge up to a total sales tax of 40, in addition to the 4% sales tax which is imposed by the State of New York, which legislation would specifically provide with respect to that portion of the final 1% which is generated from sales occurring within the 24 April 7, 1993 City of Ithaca, that it would be divided between the City and County with the City' s receiving 25% of that 1% and the County' s receiving 75% of that 1%; and WHEREAS, based on adjusted sales tax reports for 1992 as provided by the New York State Department of Taxation and Finance, and assuming continued inflation in the amount of 3% per year, it is estimated that the difference between the City' s receiving 50% of that 1% and receiving 25% of that 1% exceeds $975, 000 . 00 for calendar year 1994; and WHEREAS, the City believes it should receive 50% of the additional 1% sales tax in order to be able to meet its responsibilities without imposing undue adverse property tax impacts on the property owners in the City; and WHEREAS, the City wishes to further the spirit of cooperation between the City and the County; and L0 WHEREAS, on March 11 , 1993 this Council passed a resolution �--° authorizing the Mayor to enter into an agreement with the County of Tompkins regarding this matter; and WHEREAS, the Mayor has negotiated an agreement which, while meeting the intent of the agreement, previously approved by this Council varies the terms of that agreement somewhat; NOW THEREFORE, BE IT RESOLVED, that the agreement dated March 18 , 1993 with the County of Tompkins regarding the City' s support for proposed legislation authorizing the County to charge an additional 1% sales tax for a total sales tax of 4% in addition to the 4% imposed by the State of New York, with that portion of the 1% generated from sales within the City of Ithaca to be divided between the County and the City so that the City receives 25% of that 1% and the County receives 75% of that 1% is hereby approved by this Council, and be it further RESOLVED that the City of Ithaca' s support of such legislation is provided in consideration of the County of Tompkins ' agreement to provide payment of certain sums to the City of Ithaca for services which the City provides, as outlined in said agreement, such sum to total $825, 000 . 00 in 1994 and to be adjusted in subsequent years for changes in sales tax revenues; and be it further RESOLVED that the Mayor is hereby authorized to take all appropriate steps to effectuate the terms of such agreement . Mayor Nichols explained the revisions that were made to the resolution . Cartried Unanimously (9-0) The Agreement is as follows : AGREEMENT: This agreement made this 18th day of March 1993 between the City of Ithaca a municipal corporation, hereinafter referred to as the "City" and the County of Tompkins a municipal corporations, hereinafter referred to as the "County" . WHEREAS, the City of Ithaca is a part of Tompkins County and persons owning real property situate in the City of Ithaca pay not only City taxes to the City, but also pay County taxes to the County, and a 25 56 April 7 , 1993 WHEREAS, the City provides certain services which benefit nowt only City residents, but also benefit residents of the County whooreside outside the City limits , including but not limited to transit services , police protection, roads and bridges , parks and recreation, etc . , and WHEREAS, the City also provides certain services , including but not limited to transit, roads and bridges, criminal prosecution, youth development and recreation mainstreaming services, etc . which are paid for out of the City' s general funds , while similar services provided in the towns and villages in Tompkins County are paid wholly or partially for out of the County general funds to which City residents contribute, and WHEREAS, the County wishes to obtain the City' s support for proposed New York State legislation which would authorize the County to charge up to, a total sales tax of 4%, in addition to the 4% sales tax which is imposed by the State of New York, which legislation would specifically provide with respect to that portion of the final 1% which is generated from sales occurring within the City of Ithaca, that it would be divided between the City and County with the City' s receiving 25% of that 1% and the County' s receiving 75% of that 1% , and WHEREAS, based on adjusted sales tax reports for 1992 as provided by the New York State Department of Taxation and Finance, and assuming continued inflation in the amount of 3% per year, it is estimated that the difference between the City' s receiving 50% of that 1% and receiving 25% of that 1% exceeds $975 , 000 . 00 for calendar year 1994 , and WHEREAS, the County wishes to contract with the City for the provision of certain services that the City now provides at its own expense, which services are paid for wholly or partially by the County for areas outside the City, and WHEREAS, the City and County wish to develop mechanisms for more efficient consolidation of services to be provided by the City and the County; NOW, THEREFORE, it is agreed as follows : 1 . The City will advise Assemblyman Martin Luster and State Senator James Seward of this agreement and the City' s support for proposed State legislation authorizing the County to charge an additional 1% sales tax for a total sales tax of 4%, in addition to the 4% imposed by the State of New York, with that portion of the 1% generated from sales within the City of Ithaca to be divided between the City and the County with the City' s receiving 25% of that 1% and the County' s receiving 75% of that 1% . 2 . The City and County agree to establish a joint committee for the purpose of specifying methods by which City and County services for transit, youth development and recreation mainstreaming, as well as other services and payments to human service agencies may be consolidated and costs allocated more equitably among County residents . It is the intention of the City and County that as City and County services are consolidated this agreement will be amended accordingly. 3 . If the State approves such legislation covering the period December 1 , 1993 through November 30, 1994, the County will pay to the City for the period for December 1 , 1993 through November 30, 1994 the sum of $825, 000 . 00 . Such payments shall be made in equal quarterly payments on March 1 , June 1 , September 1 , and December 1 . 26 57 April 7 , 1993 4 . It is understood and expected that the proposed State legislation authorizing the County to collect the additional 1% will run for a three ( 3 ) year period from December 1 , 1993 through November 30, 1996 . If the legislation is adopted and covers the period from December 1 , 1994 through November 30, 1995, the County will pay to the City for that period a sum equal to $825, 000 . 00 multiplied by a fraction, the numerator of which is the total of sales tax revenues generated from sales attributed to the City of Ithaca, as determined by adjusted quarterly reports generated by the New York State Department of Taxation and Finance, for the twelve months ending October 31 , 1994 , and the denominator of which is the equivalent total of sales tax revenues for the period ending October 31 , 1993 . 5 . If the proposed State legislation is adopted and covers the period from December 1 , 1995 through November 30, 1996, the County will pay to the City for that period, the sum of $825, 000 . 00 multiplied by a fraction, the numerator of which is the total sales tax revenues as measured as per paragraph 4 of this agreement for the period ending October 31 , 1995 and the denominator of which is the equivalent total of sales tax revenues for the period ending October 31 , 1993 . 66 . If the County is obligated to make payments for the period from December 1 , 1994 through November 30, 1996, they shall be made in periodic payments as provided in paragraph 3 above. 7 . The City currently estimates that it will spend, on an annual basis , approximately $435, 000 . 00 for transit services, $200, 000 . 00 for youth development and recreation mainstreaming services not supported by the County, and $190, 000 . 00 for funding human service agencies approved by the human services coalition, and the human services coalition itself, which total amount equals $825, 000 . 00 . In consideration of the payments to be made by the County to the City pursuant to this agreement, the City agrees to spend during the lifetime of this agreement, a total of at least $825, 000 . 00 per year for these services, with such amount to be adjusted annually as the County' s payments to the City are adjusted, and to advise the County on an annual basis as to the exact amount the City is budgeting for each of the above categories; provided however, that the City and the County may agree that to the extent the County takes over the City' s payments to human service agencies or any of those services are consolidated between the City and the County, that the City' s obligation to spend money pursuant to this paragraph and the County' s obligation to make payments pursuant to this agreement will be adjusted accordingly. 8 . It is understood and agreed that the terms of -this agreement, including the City' s agreement to support this proposed legislation with the above described division of the additional 1% sales tax and the County' s agreement to make the payments specified in this agreement, are interrelated and co-dependent . If the proposed legislation is not passed, the terms of this agreement shall cease and not be binding upon the parties hereto. Similarly, if the proposed legislation is passed, but does not include the entire 3 year period described above or thereafter the division of that 1% is modified by State law, the terms of this agreement will cease for the periods of time during which the proposed legislation as described above is not in effect . It is specifically understood and agreed that the County' s obligation to make the payments described herein are conditioned on the County' s receiving 75% of the additional 1% sales tax. d 27 58 April 7 , 1993 NEW BUSINESS: P * 22 . 1 Letter of Appreciation to County Regarding "Old Jail" Renovations By Alderperson Berg: Seconded by Alderperson Johnson WHEREAS, the "Old Jail" is an architecturally and historically significant downtown building, and WHEREAS, the "Old Jail" is an integral component of the DeWitt Park Historic District, listed on the National Register of Historic Places and locally designated in 1971 , and WHEREAS, the building was vacant for several years following the relocation of public safety facilities outside the City, and WHEREAS, the County initiated a major rehabilitation project to convert the jail to municipal office space, and WHEREAS, the concept and design phases of this adaptive use project have involved a high level of intermunicipal cooperation between the City and the County, and WHEREAS, sensitivity and attention to detail has resulted in a rehabilitation that contributes to the visual quality of the City' s most historic area, and WHEREAS, the rehabilitation and reuse of this building contributes to the City' s ongoing efforts to revitalize downtown Ithaca; now, therefore, be it RESOLVED, That the City of Ithaca applauds the vision of the Tompkins County Board of Representatives in undertaking this extensive rehabilitation, and be it further RESOLVED, That the City congratulates the County on its successful rehabilitation and rededication of the "Old Jail" . Carried Unanimously (9-0) Strand Theater Mayor Nichols announced that he has appointed Alderpersons Hoffman, Daley and Berg to work with staff and himself on determining the elements that will be required for any purchase offer made for the Strand Theater . ADJOURNMENT: On a motion the meeting adjourned at 10 : 45 p.m. Julie Conley Boy16 BenjarAin Nichols Deputy City Clerk Mayor 28