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.
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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.
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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)
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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