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 .
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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 .
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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 .
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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 .
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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.
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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 .
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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
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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;
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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 .
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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
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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)
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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
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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)
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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
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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
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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 .
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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
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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
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