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HomeMy WebLinkAboutMN-CC-2005-09-07COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. September 7, 2005 PRESENT: Mayor Peterson Alderpersons (10) Coles, Mackesey, Berry, Whitmore, Tomlan, Zumoff, Taylor, Townsend, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Luster City Controller – Thayer Planning and Development Director – Van Cort Community Development Director – Bohn Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Special Order of Business: Mayor Peterson requested the addition of a moment of reflection for the victims of Hurricane Katrina and the community’s response to the hurricane relief efforts. No Council Member objected. PROCLAMATIONS/AWARDS: Mayor Peterson proclaimed September 10th, 2005 as Aids Ride for Life Day. SPECIAL ORDER OF BUSINESS: Mayor Peterson requested a moment of reflection for all of the victims of Hurricane Katrina. Mayor Peterson stated that she has had questions from the community regarding what the City of Ithaca can do to assist the hurricane victims. She noted that Cornell University has offered to accept 200 students from various colleges and universities in Louisiana and Mississippi. She further stated that, to date, 10 families have relocated and are living with families in the Ithaca area. Mayor Peterson reported that the Federal Emergency Management Agency (FEMA) has requested that counties take an inventory of what services they could provide in the following areas: housing, schooling, medical care, mental health assistance, and transportation. Medical care is a critical area and there is also a great need for primary care physicians. Alderperson Coles reported that the Human Needs Steering Committee has met to discuss these items and would be holding a meeting on Friday, September 16, 2005. Mayor Peterson stated that the City uses the 5th Tuesday of the month for emergency planning meetings for senior staff members. Mayor Peterson stated that she would issue a directive next week to city staff regarding fuel and oil conservation, and also provide information on what individuals can do at home to conserve. 2 Common Council Meeting Minutes September 7, 2005 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Mayor Peterson clarified for members of the public that sections of the Green Street Garage are in a condition that requires the close attention of our engineers, specifically the helix and bridge. Engineering studies are on file that detail the condition of the garage. She further stated that parking space allocation information is available in her office. Mayor Peterson further reported that the 2006 budget forecast includes pension cost increases, health insurance cost increases, debt payments, and salary and benefit increases. The construction costs of the Green Street Garage will not be included in the budget until 2007. The following people addressed Council regarding the Cayuga Green Project: Jevon Garrett, Business Owner on The Commons Peter Parkes, Business Owner on The Commons Ian Colgan, City of Ithaca Peter Ciferri, Business Owner on The Commons Steven Vierk, Downtown Business Owner Carol Schmoock, Downtown Business Owner Gary Ferguson, Director of Ithaca Downtown Partnership John Graves, City of Ithaca Patti Jacobson, City of Ithaca Sally VanOrman, City of Ithaca Sarah Adams, City of Ithaca Margherita Fabrizio, City of Ithaca Anne Shapiro, Town of Ithaca David Schwartz, Town of Ithaca Anne Clavel, City of Ithaca The following people addressed Council on other topics: Neil Oolie, City of Ithaca – Freedom of Information Law Request Sean Gannon, City of Ithaca – Safety Concerns Sara Coelho, City of Ithaca – Safety Concerns Joel Harlan, Town of Newfield – Downtown development Guy Gerard, City of Ithaca – Proposed New Water Treatment Plant Fay Gougakis, City of Ithaca – Global Warming, Cayuga Green Project PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Berry thanked the speakers for their comments. She voiced her support for downtown development, and concerns that a rift is being created between merchants and residents regarding the Cayuga Green Project. She further stated that the public would like to be involved early and often on city projects. She stated that due to the lack of feasibility and marketing data and the lack of information made available to the public, that she could not support the Cayuga Green Project. Alderperson Berry further stated that residents could make appointments to speak with police staff at the police department regarding specific incidents. She concurred that there have been increased problems with fights, drug dealing, litter, etc in the Southside area. Alderperson Korherr stated that she considers herself as a guardian of the treasury and the city’s financial status. She further stated that there has been no demonstrated need for additional parking and transportation demand management is just now being considered. She further stated that existing parking contracts should be reviewed and re-negotiated. She stated that the Cayuga Green Project needs further review and consideration, and that she cannot support the project. 3 Common Council Meeting Minutes September 7, 2005 Alderperson Mackesey responded to comments made regarding the information request that was submitted regarding the Seneca Place sidewalks, and offered her assistance in finding the answers. Alderperson Tomlan thanked the speakers for their comments. She stated that she would reserve her comments on the Cayuga Green project to later in the agenda. She further responded to comments made regarding increased crime and stated that Police Officer vacancies exist in the Police Department, and that problems with police coverage are not entirely associated to budget cuts. Alderperson Zumoff clarified that there are two different issues being discussed – one is the Green Garage, which was voted on last month, and the other is land disposition, which will be discussed tonight. CONSENT AGENDA ITEMS: Chamberlain’s Office - Request for Waiver of Penalty on Taxes - Resolution By Alderperson Korherr: Seconded by Alderperson Mackesey WHEREAS, the property owner of 340 South Geneva Street had requested a wavier of penalty on the 2nd installment of 2005 City taxes because he was out of the country when the taxes were due; now, therefore, be it RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6, 2001, the request to waive the penalty is denied. Carried 9-1 (Alderperson Tomlan absent from vote) DPW - Request to Amend 2005 Authorized Parks and Forestry Budget - Resolution By Alderperson Korherr: Seconded by Alderperson Mackesey WHEREAS, the Parks and Forestry division of the Department of Public Works has been recently notified of an additional $9,510 donation from the Ithaca Rotary Club, and WHEREAS, the $9,510 donation will be used to plant an additional 190 trees in honor of Rotary International’s Centennial and the Ithaca Rotary’s 90th anniversary, and WHEREAS, the total 2005 donations to the Parks and Forestry division from local Rotary Clubs and individuals are $15,010, and WHEREAS, the city sends out a heartfelt thank you for their generous donations to the city to the Ithaca Rotary Club and individuals in celebrating their 90th Anniversary and surrounding Rotary Clubs celebrating Rotary Internationals’ Centennial; now therefore, be it RESOLVED, That Common Council hereby amends the 2005 DPW Authorized Budget for the purposes of accounting for said gift as follows: Increase Revenue Accounts: A7111-2705 Gifts and Donations $9,510 Increase Appropriations Account A7111-5485 Trees $9,510 Carried 9-1 (Alderperson Tomlan absent from vote) 4 Common Council Meeting Minutes September 7, 2005 Finance/Controller - Request to Release Retroactive Contract Payments for Contingency - Resolution By Alderperson Korherr: Seconded by Alderperson Mackesey WHEREAS, as part of the 2005 Authorized Budget, funds were placed in Restricted Contingency to account for contractual increases, and WHEREAS, the DPW contract has now been approved and the necessary transfer of funds needs to be made from the Contingency account to cover the salary increase including benefits; now, therefore, be it RESOLVED, That Common Council hereby authorizes the City Controller to transfer an amount not to exceed $95,000 from account A1990 Restricted Contingency to various General Fund accounts as necessary to account for the DPW contractual and benefit increases. Carried 9-1 (Alderperson Tomlan absent from vote) COMMUNITY SERVICES COMMITTEE: Pedestrian Awareness Committee Recommendations - Update Alderperson Korherr reported that the Chairpersons of the standing committees met to determine the priorities of the Pedestrian Awareness Committee’s report; delegate projects to various departments; and to strengthen weak areas before the winter season begins. The four main priorities that were established are: policy, engineering, education, and enforcement. The Planning Committee would assume responsibility for many of the tasks. The Governance Committee would need to work to simplify legislation for enforcement and for the sidewalk repair program. The City Administration Committee would need to develop a policy that would dedicate fine revenues to public education. Alderperson Korherr stated that the Mayor and Common Council members would need to commit to make these items a priority in order to implement and accomplish the recommendations of the report. Mayor Peterson noted that PAC Chair, David Henderson, gave a report to the Board of Public Works earlier today. GOVERNANCE COMMITTEE: An Ordinance to Amend Chapter 192 of the City of Ithaca Municipal Code Entitled "Games of Chance". By Alderperson Zumoff: Seconded by Alderperson Townsend ORDINANCE No. ___ - 2005 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 192 of the City of Ithaca Municipal Code Entitled “Games of Chance” shall be amended as follows: §192-2. – Definitions. A. Specific terms. As used in this chapter, the following terms shall have the following meanings: AUTHORIZED ORGANIZATION -- Includes any bona fide religious or charitable organization or bona fide educational, fraternal or service organization or bona fide organization of veterans or volunteer firemen which, by its charter, certificate of incorporation, constitution or act of the legislature, shall have among its dominant purposes one or more of the lawful purposes as defined in Article 9-A of the General 5 Common Council Meeting Minutes September 7, 2005 Municipal Law, provided that each shall operate without profit to its members, and provide that each such organization has engaged in serving one or more of the lawful purposes as defined in Article 9-A of the General Municipal Law for a period of three years immediately prior to applying for a license under this chapter and Article 9-A of the General Municipal Law. BOARD -- The New York State Racing and Wagering Board. CITY -- The City of Ithaca, New York. GAMES OF CHANCE – Includes only the games known as "merchandise wheels," "coin boards," "merchandise boards," "seal cards," "raffles," and "bell jars" and such other games as may be authorized by the Board, in which prizes are awarded on the basis of a designated winning number or numbers, color or colors, symbol or symbols determined by chance but not including games commonly known as "bingo" or "lotto" which are controlled under Article 14-H of the General Municipal Law and also not including slot machines, "bookmaking," "policy or numbers games," and "lottery" as defined in §225 of the Penal Law. No game of chance shall involve wagering of money by one player against another. § 192-3. Authorization; conduct to conform to state provisions. Authorized organizations may, upon the obtainment of a license from the City Clerk, conduct games of chance within the City of Ithaca as provided in Article 9-A of the General Municipal Law and as provided further in this chapter. Such games of chance shall be conducted in accordance with the general state law and with the rules and regulations of the New York State Racing and Wagering Board and this chapter. § 192-4. Restrictions. The conduct of games of chance authorized by this chapter shall be subject to the following restrictions: A. No person, firm, association, corporation or organization, other than a licensee under the provisions of this chapter, shall conduct such game or shall lease or otherwise make available for conducting games of chance a hall or other premises for any consideration whatsoever, direct or indirect, except as provided in § 190 of the General Municipal Law. B. No game of chance shall be held, operated or conducted on or within any leased premises if rental under such lease is to be paid wholly or partly on the basis of a percentage of the receipts or net profits derived from the operation of such game. C. No authorized organization licensed under the provisions of this chapter shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of games of chance from other than a supplier licensed by the Board or from another authorized organization. D. The entire net proceeds of any game of chance and of any rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same. E. No single prize awarded by games of chance other than raffle shall exceed the value of $300.00, except that for merchandise wheels, no single prize shall exceed the sum of $250.00, [no single wager shall exceed $6.00]. No single prize awarded by raffle shall exceed the sum or value of $50,000.00, except that an authorized organization may award by raffle a single prize having a value up to and including $100,000.00 if its application for a license filed pursuant to Section 190 of the General Municipal Law includes a statement of its intent to award a prize having such value. No 6 Common Council Meeting Minutes September 7, 2005 single wager shall exceed $6.00 and for bell jars, coin boards, or merchandise boards, no single prize shall exceed $500.00 provided, however, that such limitation shall not apply to the amount of money or value paid by the participant in a raffle in return for a ticket or other receipt. For coin boards and merchandise boards, the value of a prize shall be determined by its cost to the authorized organization or, if donated, its fair market value. F. No authorized organization shall award a series of prizes consisting of merchandise with an aggregate value in excess of [$1,000] $10,000.00 during the successive operations of any one merchandise wheel, and $3,000.00 during the successive operations of any bill jar, coin board, or merchandise board. No series of prizes awarded by raffle shall have an aggregate value in excess of $100,000.00. For coin boards and merchandise boards, the value of a prize shall be determined by its cost to the authorized organization or, if donated, its fair market value. G. No person except a bona fide member of any such organization, its auxiliary or affiliated organization shall participate in the management or operation of such game, as set forth in § 195-c of the General Municipal Law. H. No person under the age of 18 years shall be permitted to play any game of chance or conduct or assist in the conducting of any game of chance conducted pursuant to this chapter. I. No game of chance shall be conducted under any license issued more often than 12 times in any calendar year. Games shall be conducted only between the hours of 12:00 noon and 12:00 midnight on Monday, Tuesday, Wednesday and Thursday and only between the hours of 12:00 noon on Friday and 1:00 a.m. Saturday and only between the hours of 12:00 noon on Saturday and 1:00 a.m. on Sunday. Games of chance on Sunday may be conducted only between the hours of 1:00 p.m. and 12:00 midnight. J. No games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve. K. No person shall receive any remuneration for participation in the management or operation of any such game. L. The unauthorized conduct of a game of chance shall constitute and be punishable as a misdemeanor. M. In addition to merchandise wheels, no more than five other single types of games of chance shall be conducted during any one-license period. N. Except for merchandise wheels and raffles, no series of prizes on any one occasion shall aggregate more than $400 when the licensed authorized organization conducts five single types of games of chance during any one license period. Except for merchandise wheels, no series of prizes on any one occasion shall aggregate more than $500 when the licensed authorized organization conducts fewer than five single types of games of chance, exclusive of merchandise wheels, during any one license period. No authorized organization shall award by raffle prizes with an aggregate value in excess of $100,000.00 during any one license period. O. Except for the limitations on the sum or value for single prizes and a series of prizes, no limit shall be imposed on the sum or value of prizes awarded to any one participant during any occasion or any license period. P. No authorized organization shall extend credit to a person to participate in playing a game of chance. 7 Common Council Meeting Minutes September 7, 2005 Q. No game of chance shall be conducted on other than the premises of an authorized organization or an authorized games of chance lessor. [§ 192-5. Incorporation of state provisions. This chapter shall be deemed to include all of the provisions of Article 9-A of the General Municipal Law, except as otherwise provided in this chapter, and any amendment to the provisions in such Article to the extent that such provisions and amending acts are otherwise applicable to games of chance authorized under this chapter.] § 192-5 [192-6]. Enforcement. The Police Department shall exercise control over and supervision of all games of chance conducted under an appropriately issued license. Such Department shall have all those powers and duties set forth in Article 9-A of the General Municipal Law. Section 2: Severability. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3: Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Alderperson Zumoff explained the proposed changes to the legislation, and explained how they would align the City Code with the NYS Racing and Wagering Regulations. Alderperson Townsend thanked Alderperson Zumoff for bring this issue to Common Council’s attention. A vote on the Ordinance resulted as follows: A vote on the Resolution resulted as follows: Carried Unanimously Recess: Common Council recessed at 9:00 p.m. Reconvene: Common Council reconvened into Regular Session at 9:20 p.m. PLANNING, NEIGHBORHOODS, & ECONOMIC DEVELOPMENT COMMITTEE: A Resolution to Approve the IURA-Proposed Lease of Parcel “A” (Ground Floor Tenant Space of Cayuga Garage) to the Preferred Developer, Cayuga Green LLC By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, the City of Ithaca (City) and the Ithaca Urban Renewal Agency (IURA) are jointly undertaking a multi-phased, mixed-use urban-infill development project located in downtown Ithaca known as the Cayuga Green Project (Project), consisting of parking, public open space improvements, retail/commercial and residential uses, and WHEREAS, on January 30, 2003, the IURA authorized acceptance of conveyance of approximately 2.85 acres of land located at 235 S. Cayuga Street and 131-135 E. Green Street from the City to facilitate development of the Cayuga Green Project, and WHEREAS, the Project site is located within the City of Ithaca Urban Renewal Project Boundary area and implementation of the Project is consistent with, and in furtherance of, the Urban Renewal Plan, and WHEREAS, retail/commercial and residential components of the Project will be implemented, in part, through IURA lease or sale agreements of portions of the Project site with selected developers committing to undertake components of the Project, and 8 Common Council Meeting Minutes September 7, 2005 WHEREAS, the Project site has been demised into six lease/sale Parcels (A-F) tied to corresponding elements of the Project, and WHEREAS, the IURA leased Parcel “B” and air rights of Parcel “A” to Community Development Properties Ithaca, Inc. (CDPI), an affiliate of National Development Council, Inc., to construct the 679-space Cayuga Garage with 22,931 square feet of ground floor tenant space, and a 700-linear foot landscaped creek walk along Six Mile Creek as Phase I of the Project, which phase is substantially complete, and WHEREAS, on August 21, 2003, the IURA designated Bloomfield Interests as a qualified and eligible sponsor for undertaking private-sector components of the Project, and WHEREAS, on September 3, 2003, the Common Council of the City designated Bloomfield Interests as the Preferred Developer for the Project, and WHEREAS, on December 15, 2003, the City and the IURA executed a Preferred Developer Agreement with Steven Bloomfield, Inc., an Ohio corporation doing business as Bloomfield Interests, granting the Preferred Developer exclusive control of certain portions of the Project site through October 16, 2005, to determine feasibility of the private sector components of the Project, and WHEREAS, the Preferred Developer Agreement anticipated future conveyance of legal interest in certain portions of the Project site to the Preferred Developer for the purpose of implementing private-sector components of the Project, and WHEREAS, the Preferred Developer Agreement authorized Bloomfield Interests to assign its rights to a Limited Liability Company or partnership to be formed consisting of the same principals, and WHEREAS, the principals of Bloomfield Interests, Steven F. Bloomfield and Ken Schon, have created Cayuga Green LLC, a limited liability company created pursuant to the laws of the State of New York, to undertake the Project, and WHEREAS, under Article 15, Section 507(2) of New York State General Municipal Law, the IURA is authorized to lease or sell real property to any person, firm, or corporation designated as a qualified and eligible sponsor, subject to City approval after a public hearing held not less than ten days after publication of notice of such public hearing, and WHEREAS, public notice of a public hearing scheduled for August 24, 2005, on the proposed property disposition appeared in the August 13, 2005, edition of The Ithaca Journal newspaper, and WHEREAS, the required public hearing was held on August 24, 2005, at the August meeting of the Planning, Neighborhoods and Economic Development Committee of Common Council, and WHEREAS, the ground floor tenant space of the Cayuga Garage has been completed by CDPI as unfinished space, but is fully enclosed and ready for tenant improvements, and WHEREAS, the IURA retains ownership of the ground floor tenant space of the Cayuga Garage, and WHEREAS, on August 1, 2005, the IURA, acting as the Lead Agency in this matter, determined that the proposed land disposition will not have a significant effect on the environment and that further environmental review is unnecessary, and 9 Common Council Meeting Minutes September 7, 2005 WHEREAS, on August 1, 2005, the IURA affirmed its designation of Cayuga Green LLC as a qualified and eligible sponsor for the Cayuga Green Project, and WHEREAS, on August 1, 2005, the IURA found that all developer responsibilities under the Preferred Developer Agreement had been completed to the IURA’s satisfaction such that it is appropriate to enter into a lease agreement for the ground floor tenant space of the Cayuga Garage, and WHEREAS, on August 1, 2005, the IURA approved conveyance of a leasehold interest in the ground floor tenant space of the Cayuga Garage, located at 235 S. Cayuga Street, Ithaca, NY, to Cayuga Green LLC substantially in accordance with the attached “Cayuga Green Lease Agreement – Parcel ‘A’ Ground Floor of Cayuga Garage”, dated August 1, 2005; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby approves the IURA- proposed disposition of Parcel “A” to Cayuga Green LLC. Alderperson Tomlan explained the components of the proposed agreement. Alderperson Cogan clarified misinformation about the Cayuga Garage retail space vacancies and stated that this agreement allows the filling of those vacancies. Alderperson Coles stated that this is a difficult decision that has caused disagreements between friends. She further voiced her support for the Cayuga II project, which includes housing, office, and retail space. Alderperson Taylor voiced his support for this resolution. A Vote on the Resolution resulted as follows: Ayes (8) Coles, Mackesey, Whitmore, Tomlan, Zumoff, Taylor, Townsend Cogan Nays (2) Berry, Korherr Carried A Resolution to Approve the IURA-Proposed Sale of Parcel “D” to the Preferred Developer, Cayuga Green LLC By Alderperson Tomlan: Seconded by Alderperson Coles WHEREAS, the City of Ithaca (City) and the Ithaca Urban Renewal Agency (IURA) are jointly undertaking a multi-phased, mixed-use urban-infill development project located in downtown Ithaca known as the Cayuga Green Project (Project), consisting of parking, public open space improvements, retail/commercial and residential uses, and WHEREAS, on January 30, 2003, the IURA authorized acceptance of conveyance of approximately 2.85 acres of land located at 235 S. Cayuga Street and 131-135 E. Green Street from the City to facilitate development of the Cayuga Green Project, and WHEREAS, the Project site is located within the City of Ithaca Urban Renewal Project Boundary area and implementation of the Project is consistent with, and in furtherance of, the Urban Renewal Plan, and WHEREAS, retail/commercial and residential components of the Project will be implemented, in part, through IURA lease or sale agreements of portions of the Project site with selected developers committing to undertake components of the Project, and WHEREAS, the Project site has been demised into six lease/sale Parcels (A - F) tied to elements of the Project, and 10 Common Council Meeting Minutes September 7, 2005 WHEREAS, the IURA leased Parcel “B” and air rights of Parcel “A” to Community Development Properties Ithaca, Inc., an affiliate of National Development Council, Inc., to construct the 679-space Cayuga Garage with 22,931 square feet of ground floor tenant space, and a 700-linear foot landscaped creek walk along Six Mile Creek as Phase I of the Project, which phase is substantially complete, and WHEREAS, on August 21, 2003, the IURA designated Bloomfield Interests as a qualified and eligible sponsor for undertaking private-sector components of the Project, and WHEREAS, on September 3, 2003, the City designated Bloomfield Interests as the Preferred Developer for the Project, and WHEREAS, on December 15, 2003, the City and the IURA executed a Preferred Developer Agreement with Steven Bloomfield, Inc., an Ohio corporation doing business as Bloomfield Interests, granting the Preferred Developer exclusive control of certain portions of the Project site through October 16, 2005, to determine feasibility of the private sector components of the Project, and WHEREAS, the Preferred Developer Agreement anticipated future conveyance of legal interest in certain portions of the Project site to the Preferred Developer for the purpose of implementing private-sector components of the Project, and WHEREAS, the Preferred Developer Agreement authorized Bloomfield Interests to assign its rights to a Limited Liability Company or partnership to be formed consisting of the same principals, and WHEREAS, the principals of Bloomfield Interests, Steven F. Bloomfield and Ken Schon, have created Cayuga Green LLC, a limited liability company created pursuant to the laws of the State of New York, to undertake the Project, and WHEREAS, under Article 15, Section 507(2) of New York State General Municipal Law, the IURA is authorized to lease or sell real property to any person, firm, or corporation designated as a qualified and eligible sponsor, subject to City approval after a public hearing held not less than ten days after publication of notice of such public hearing, and WHEREAS, public notice of a public hearing scheduled for August 24, 2005, on the proposed property disposition appeared in the August 13, 2005, edition of The Ithaca Journal newspaper, and WHEREAS, the required public hearing was held on August 24, 2005, at the August meeting of the Planning, Neighborhoods and Economic Development Committee of Common Council, and WHEREAS, the Preferred Developer has invested substantial resources into developing project feasibility and has advanced the Project to the point where obtaining a binding legal interest in portions of the Project site are necessary to obtain project financing and other approvals to implement the Project, and WHEREAS, on August 1, 2005, the IURA, acting as Lead Agency in this matter, determined that the proposed land disposition will not have a significant effect on the environment and that further environmental review is unnecessary, and WHEREAS, on August 1, 2005, the IURA affirmed its designation of Cayuga Green LLC as a qualified and eligible sponsor for the Cayuga Green Project, and 11 Common Council Meeting Minutes September 7, 2005 WHEREAS, on August 1, 2005, the IURA found that all developer responsibilities under the Preferred Developer Agreement had been completed to the IURA’s satisfaction such that it is appropriate to enter into a land disposition agreement, and WHEREAS, on August 1, 2005, the IURA approved the conveyance of Parcel “D,” located adjacent to the Cayuga Garage and along the Six Mile Creek Walk, to Cayuga Green LLC substantially in accordance with the attached “Purchase and Sale Contract, Cayuga Green Project Phase IIB – Parcel ‘D’”, dated August 1, 2005; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby approves the IURA- proposed disposition of Parcel “D” to Cayuga Green LLC. Alderperson Tomlan explained the contingencies included in the agreement. Extensive discussion followed on the floor regarding the choice of developers for the project, the different uses, and increased density for downtown. A Vote on the Resolution resulted as follows: Ayes (8) Coles, Mackesey, Whitmore, Tomlan, Zumoff, Taylor, Townsend Cogan Nays (2) Berry, Korherr Carried A Resolution to Approve the IURA-Proposed Sale of Parcels “E” and “F” to the Preferred Developer, Cayuga Green LLC By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, the City of Ithaca (City) and the Ithaca Urban Renewal Agency (IURA) are jointly undertaking a multi-phased, mixed-use urban-infill development project located in downtown Ithaca known as the Cayuga Green Project (Project), consisting of parking, public open space improvements, retail/commercial and residential uses, and WHEREAS, on January 30, 2003, the IURA authorized acceptance of conveyance of approximately 2.85 acres of land located at 235 S. Cayuga Street and 131-135 E. Green Street from the City to facilitate development of the Cayuga Green project, and WHEREAS, the project site is located within the City of Ithaca Urban Renewal Project Boundary area and implementation of the Project is consistent with, and in furtherance of, the Urban Renewal Plan, and WHEREAS, retail/commercial and residential components of the Project will be implemented, in part, through IURA lease or sale agreements of portions of the Project site with selected developers committing to undertake components of the Project, and WHEREAS, the Project site has been demised into six lease/sale Parcels (A-F) tied to elements of the Project, and WHEREAS, the IURA leased Parcel “B” and air rights of Parcel “A” to Community Development Properties Ithaca, Inc. (CDPI), an affiliate of National Development Council, Inc., to construct the 679-space Cayuga garage with 22,931 square feet of ground floor tenant space, and a 700-linear foot landscaped creek walk along Six Mile Creek as Phase I of the Project, which phase is substantially complete, and WHEREAS, on August 21, 2003, the IURA designated Bloomfield Interests as a qualified and eligible sponsor for undertaking private-sector components of the Project, and 12 Common Council Meeting Minutes September 7, 2005 WHEREAS, on September 3, 2003, the City designated Bloomfield Interests as the Preferred Developer for the Project, and WHEREAS, on December 15, 2003, the City and the IURA executed a Preferred Developer Agreement with Steven Bloomfield, Inc., an Ohio corporation doing business as Bloomfield Interests, granting the Preferred Developer exclusive control of certain portions of the Project site through October 16, 2005, to determine feasibility of the private sector components of the Project, and WHEREAS, the Preferred Developer Agreement anticipated future conveyance of legal interest in certain portions of the project site to the Preferred Developer for the purpose of implementing private-sector components of the Project, and WHEREAS, the Preferred Developer Agreement authorized Bloomfield Interests to assign its rights to a Limited Liability Company or partnership to be formed consisting of the same principals, and WHEREAS, the principals of Bloomfield Interests, Steven F. Bloomfield and Ken Schon, have created Cayuga Green LLC, a limited liability company created pursuant to the laws of the State of New York, to undertake the Project, and WHEREAS, under Article 15, Section 507(2) of New York State General Municipal Law, the IURA is authorized to lease or sell real property to any person, firm, or corporation designated as a qualified and eligible sponsor, subject to City approval after a public hearing held not less than ten days after publication of notice of such public hearing, and WHEREAS, public notice of a public hearing scheduled for August 24, 2005, on the proposed property disposition appeared in the August 13, 2005, edition of The Ithaca Journal newspaper, and WHEREAS, the required public hearing was held on August 24, 2005, at the August meeting of the Planning, Neighborhoods and Economic Development Committee of Common Council, and WHEREAS, the Preferred Developer has invested substantial resources into developing project feasibility and has advanced the Project to the point where obtaining a binding legal interest in portions of the Project site are necessary to obtain project financing and other approvals to implement the Project, and WHEREAS, on August 1, 2005, the IURA, acting as Lead Agency in this matter, determined that the proposed land disposition will not have a significant effect on the environment and that further environmental review is unnecessary, and WHEREAS, on August 1, 2005, the IURA affirmed its designation of Cayuga Green LLC as a qualified and eligible sponsor for the Cayuga Green project, and WHEREAS, on August 1, 2005, the IURA found that all developer responsibilities under the Preferred Developer Agreement had been completed to the IURA’s satisfaction such that it is appropriate to enter into a land disposition agreement, and WHEREAS, on August 1, 2005, the IURA approved the conveyance of Parcels “E” and “F”, located at 131-135 E. Green Street, Ithaca, NY to Cayuga Green LLC substantially in accordance with the attached “Purchase and Sale Contract, Cayuga Green Project Phase IIA – Parcels ‘E’ and ‘F’”, dated August 1, 2005; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby approves the IURA- proposed disposition of Parcels “E” and “F” to Cayuga Green LLC. 13 Common Council Meeting Minutes September 7, 2005 Alderperson Tomlan explained the contingencies of the agreements and the purchase price of parcel. Alderperson Taylor voiced his support for the project and the benefits that it would bring to the community. Call the Question: By Alderperson Berry: Seconded by Alderperson Townsend RESOLVED, That the Question be called on the Resolution. Carried Unanimously Main Motion: A Vote on the Resolution resulted as follows: Ayes (8) Coles, Mackesey, Whitmore, Tomlan, Zumoff, Taylor, Townsend Cogan Nays (2) Berry, Korherr Carried A Resolution of Support and Concurrence with Tompkins County Area Development’s Application for Designation of Certain Areas within Tompkins County as an Empire Zone By Alderperson Tomlan: Seconded by Alderperson Taylor WHEREAS, Section 961 of Article 18-B of NYS General Municipal Law authorizes application by Tompkins County Area Development (TCAD) for designation of Tompkins County as an Empire Zone within the meaning of said statute, and WHEREAS, such designation could greatly benefit Tompkins County in that new businesses would be encouraged to locate in the zone area, and existing businesses would be encouraged to expand in the zone area, and such new and expanded businesses would generate new employment opportunities for Tompkins County residents, and WHEREAS, subpart (i) of Section 962 of Article 18-B of NYS General Municipal Law requires that each Empire Zone Development Plan include “a description of efforts that will be undertaken to prevent or discourage the displacement of residents of the proposed Empire Zone,” and WHEREAS, the Tompkins County Legislature intends to authorize submission of an application for designation of areas within Tompkins County as an Empire Zone, and WHEREAS, Tompkins County Area Development, in consultation with the City of Ithaca, wishes to designate certain areas within the City of Ithaca as part of the proposed Empire Zone, and WHEREAS, the City of Ithaca is desirous of working with Tompkins County Area Development through the Empire Zone Program to provide enhanced employment opportunities for its residents; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca, that it fully supports and concurs in the Tompkins County Area Development actions to authorize and submit an application for an Empire Zone designation within the City of Ithaca and other areas of Tompkins County. Alderperson Mackesey stated that according to comments made from Tompkins County Legislator Blanchard, the intention of the Empire Zone is to ensure that residential areas included within a designated zone remain unaffected. 14 Common Council Meeting Minutes September 7, 2005 Alderperson Zumoff voiced his support for changes that have been made to the Empire Zones. A Vote on the Resolution resulted as follows: Carried Unanimously Alderperson Korherr left the meeting at 10:25 p.m. CITY ADMINISTRATION COMMITTEE: DPW/Fire Department - Request for Additional Funds for Fire Station Parking Lot Rehabilitation Capital Project - Resolution By Alderperson Berry: Seconded by Alderperson Zumoff WHEREAS, bids were opened on August 16, 2005 for the rehabilitation of driveways and parking areas at the City’s West Hill and South Hill Fire Stations, and WHEREAS, the driveway rehabilitation project was originally authorized at $90,000 and the post-bid budget for said project is now $130,000, and WHEREAS, the $40,000 increase in project costs are attributable to the rising construction costs including asphalt, and WHEREAS, to allow for continued deterioration of the driveways will jeopardize the Fire Department’s ability to respond to emergency calls; now, therefore, be it RESOLVED, That Common Council hereby amends the Capital Project #485 IFD Station 5 and 6 Driveway Repairs by an amount not to exceed $40,000 for a total project authorization of $130,000, and be it further RESOLVED, That said $40,000 amendment shall be derived from the advance of funds from the General Fund with later repayment from the issuance of Serial Bonds. Carried Unanimously (9-0) GIAC - Request to Amend 2005 Budget for Teen Program - Resolution By Alderperson Berry: Seconded by Alderperson Taylor WHEREAS, the GIAC Teen Program is facing a budget shortfall that would severely hinder its ability to remain open and/or provide a fully involved program for the remainder of 2005, and WHEREAS, staff has recommended an additional $6,425 be allocated to the Teen Program to keep it operating for the rest of 2005; now, therefore, be it RESOLVED, That Common Council hereby approve an amount not to exceed $6,425 be transferred from A1990 Unrestricted Contingency to the following appropriation accounts: A7311-5120-1158 Hourly P/T Teen Program $4,284 A7311-5640-1158 Program Supplies Teen Program 1,600 A7311-9030-1158 FICA/Medicare 327 A7311-9040-1158 Worker’s Compensation 214 $6,425 for the purposes of funding the GIAC Teen Program through 2005. Alderperson Berry explained the background surrounding the request. Alderperson Whitmore thanked Cassandra Nelson, Program Coordinator for GIAC, for all of her work with this program. 15 Common Council Meeting Minutes September 7, 2005 A Vote on the Resolution resulted as follows: Carried Unanimously (9-0) Finance/Controller - Approval of Sales Tax Exemption on Residential Solar Energy Systems and Installation Services - Resolution By Alderperson Berry: Seconded by Alderperson Mackesey Resolution of the Common Council of the City of Ithaca, providing exemptions from sales and compensating uses taxes for receipts from sales of, and consideration given or contracted to be given for, or for the use of, property and services exempt from State sales and compensating use taxes pursuant to subdivision (ee) of section 1115 of the New York Tax Law, pursuant to the authority of Article 29 of the Tax Law of the State of New York. Be it enacted by the Common Council of the City of Ithaca, as follows: Section 1. Section six of the Resolution enacted by the Common Council of the City of Ithaca on June 25, 1969, as amended, is amended by adding a new subdivision (h) to read as follows: (h) Receipts from sales of and consideration given or contracted to be given for, or for the use of, property and services exempt from state sales and compensating use taxes pursuant to subdivision (ee) of section 1115 of the New York Tax Law shall also be exempt from sales and compensating use taxes imposed in this jurisdiction. Section 2. This resolution shall take effect March 1, 2006, and shall apply to sales made, services rendered and uses occurring on and after that date in accordance with the applicable transitional provisions in section 1106, 1216 and 1217 of the New York Tax Law. Carried Unanimously (9-0) Alderperson Berry left the meeting at 10:30 p.m. REPORT OF SPECIAL COMMITTEES: Alderperson Coles stated that she previously circulated copies of the Southwest Vision Committee’s Study and stated that she would like to discuss the study at the next Council meeting. Alderperson Taylor reported that Cornell University’s Housing Task Force Implementation Committee would be working in conjunction with the City’s Rental Housing Commission. MAYOR’S APPOINTMENTS: Board of Fire Commissioners By Alderperson Taylor: Seconded by Alderperson Cogan RESOLVED, That William D. Gilligan be appointed to the Board of Fire Commissioners to fill a vacancy with a term to expire June 30, 2008. Carried Unanimously (8-0) REPORT OF CITY CLERK: City Clerk Holcomb read the following notice into the record for the meeting: City’s Consolidated Plan – Consolidated Annual Performance and Evaluation Report (CAPER) Public Comment Period The City of Ithaca is required by the U.S. Department of Housing and Urban Development (HUD) to annually report on its progress in implementing its Consolidated Plan. The report, known as the FY05 Consolidated Annual Performance and Evaluation Report (CAPER), will be submitted to HUD on September 29, 2005. The report is available for public comment from September 12, through September 27, 2005 and may be reviewed in the City’s Community Development Office, Third Floor, City Hall, 108 16 Common Council Meeting Minutes September 7, 2005 East Green Street, Ithaca, New York. Citizens should submit their comments in writing to the address above before Noon on September 27, 2005. Public comments will be attached to the CAPER and forwarded to HUD. REPORT OF CITY CONTROLLER: Controller Thayer updated Council on the revenue and expenditure activity for 2005. He reported that sales tax revenue is approximately 17% above 2004 figures and building department revenues are higher than projected, however fuel costs are increasing, overtime costs caused by vacancies in both the police and fire departments are currently approximately $250,000 over budget, fines are approximately $400,000 under budget, and parking revenues are lower than projected. He further reported that the 2006 budget is currently being developed. Alderperson Mackesey suggested that the reports portion of the agenda be moved up to earlier in the meeting. REPORT OF CITY ATTORNEY: Attorney Luster reported to Council that the same sex marriage case would be heard in the Appellate Division Court on October 17, 2005. He further reported to Council on the FOIL request concerning transfer rights/planning board documents regarding the Ciminelli development and stated that there were no responsive documents regarding the transfer rights and that the planning board documents are open for inspection. ADJOURNMENT: On a motion the meeting adjourned at 10:40 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor