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04-11-12 Planning & EDC Meeting Agenda
MEETING NOTICE City of Ithaca Planning & Economic Development Committee Wednesday, April 11, 2012 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street A. Agenda Review B. Special Order of Business 1. Public Hearing – MH-1 Zoning C. Public Comment and Response from Committee Members D. Announcements, Updates and Reports 1. Commons Redesign Update 2. Comprehensive Plan Update 3. Intermunicipal Planning Update E. Action Items 1. MH-1 Zoning District – Resolutions (memo, map, GML letter, lead agency, negative declaration, and ordinance) 2. Energy Action Plan (formerly named ‘Local Action Plan’) – Resolution distributed in March Please Note: The materials for the following items will be distributed under separate cover on Monday, April 9, 2012. 3. Transfer of City-Owned (and Possibly Tax Delinquent) Properties (some materials to be distributed separately later) a. Possible Tax Delinquency – 203 Third Street – proposed transfer to IURA for development as for-sale taxable single-family home (lead agency, negative declaration, proposed authorization of transfer) b. Possible Tax Delinquency – 701 Cliff Street – proposed transfer to TCAction contingent on use as YouthBuild site, or IURA for development as for-sale taxable single-family home (lead agency, negative declaration, proposed authorization of transfer) c. Possible Tax Delinquency – 116 North Titus – allow to proceed to auction d. 213-215 West Spencer Street – proposed transfer to IURA for development as housing (lead agency, environmental review, proposed authorization of transfer) e. 321 Elmira Road – proposed public sale for highest marketable price (lead agency, environmental review, proposed authorization of transfer) f. Cherry Street – Parcel 100.-2-1.2 – proposed transfer to IURA for commercial development (lead agency, environmental review,) F. Discussion Items G. Approval of Minutes H. Adjournment Questions about the agenda should be directed to Jennifer Dotson, Chairperson, (jdotson@cityofithaca.org or 351-5458) or to the appropriate staff person at the Department of Planning & Development (274-6550). Back-up material is available in the office of the Department of Planning & Development. Please note that the order of agenda items is tentative and subject to change. If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274-6570 by 12:00 noon on Tuesday, April 10, 2012. Item #3 >>> Paul Mazzarella <pmazzarella@ithacanhs.org> 4/6/2012 11:47 AM >>> Good Morning Mayor Myrick and Chairperson Dotson: This is to update you on the interest that INHS has in the tax foreclosed properties that the City of Ithaca plans to dispose of. The INHS Real Estate Development Committee met yesterday afternoon and had an extensive discussion about each of these properties. The Real Estate Development Committee will recommend the following courses of action to the INHS Board of Directors. Please note that the authority to acquire real property is vested entirely in the powers of the INHS Board of Directors. They must authorize the acquisition of any property. 701 Cliff St. ‐ It is our understanding that Tompkins Community Action is interested in acquiring this property for a YouthBuild project. YouthBuild is an excellent program that would provide numerous community benefits. INHS supports the acquisition of this property by TCA. 203 Third St. ‐ INHS would like the opportunity to acquire this vacant lot for cost of the delinquent taxes and closing expenses. We propose building a new one‐ or two‐unit house on the property. This home would be sold to a low‐income homebuyer under our Community Housing Trust program and would be similar in size and design to the other new homes that INHS has recently built in the City of Ithaca. All new INHS houses are LEED‐certified and highly affordable. We have not yet done a detailed analysis of the lot size and development constraints, so it is difficult to commit to a specific development plan at this time. 116 Titus Ave. ‐ INHS would like to acquire this property for a purchase price to be negotiated with the City of Ithaca. The purchase price would be considerably higher than what is owed to the City for back taxes and could approach the market value. Depending on the actual condition of the property (which we have not been able to inspect) light to moderate rehab would be completed and the property would be sold to a low‐income homebuyer under our Community Housing Trust program. INHS understands that some City officials view this property as a good candidate to sell at auction. This is likely based on a hope that an auction sale will maximize the return to the City. We urge you to seriously consider whether this produces the best long‐term outcome for the City. Every property that the City acquires through tax foreclosure presents an opportunity for the City to exercise some control over how that property is used in the future, unless it chooses to sell the property at auction. When a property is sold at auction, no conditions are established regarding use, maintenance or ownership. Examination of the history of other properties sold at auction would reveal that most are sold to investors who turn them into rental properties. Some are well‐maintained, but more often than not, little new investment is made in these properties. They don't Item #3 enhance the livability of the neighborhood or produce additional property tax income for the City. 116 Titus Ave. provides an excellent opportunity for the City to expand affordable homeownership opportunities at no cost to the City. The benefits from selling this property to INHS rather than at an auction include: 1. INHS will improve the property. 2. INHS will sell it to a low‐income homeowner. Homeowners become stakeholders and active members of the community. 3. Since it is included in the Community Housing Trust, it will remain permanently affordable to future homebuyers. 4. It will produce full property tax income to the City. 5. The City will recoup not only its delinquent taxes, but a significant amount of additional cash revenue from the sale of the property. Some elected officials have expressed concern that it isn't "fair" to sell a property like this directly to INHS. I don't buy that arguement. If the City decides to promote a public benefit (affordable housing) through a process of direct negotiation with INHS, it shouldn't be concerned about fairness. If the City felt that fairness was an important consideration, it could ask other developers for proposals to create affordable housing from this property. INHS would not object to competing directly under that circumstance. I would very much appreciate an opportunity to discuss this further with you. ‐‐ Paul Mazzarella, Executive Director Ithaca Neighborhood Housing Services 115 West Clinton St., Ithaca, NY 14850 607‐277‐4500 x 211 ( tel:607‐277‐4500%20x%20211 ) It e m # 3 It e m # 3 It e m # 3 Map results Points mapped: 203 3rd St, Ithaca, NY 14850, USA (select)1. 701 Cliff St, Ithaca, NY 14850, USA (select)2. 116 N Titus Ave, Ithaca, NY 14850, USA (select)3. Plot Again If you wish to save this search with a short URL, so you can link to it, give it a name below. If you don't plan on reusing this query, you can leave it blank. Save this Query as: Imagery ©2012 Cnes/Spot Image, DigitalGlobe,GeoEye, New York GIS, USDA Farm Service Agency, Map data ©2012 Google - Page 1of 2gmaps.kaeding.name :: Map results 4/5/2012http://gmaps.kaeding.name/cgi-bin/map.cgi Item # 3 Property Description Report For: Third St, Municipality of City of Ithaca Area Structure Sales No Sales Information Available Utilities Status:Active Roll Section:Taxable Swis:500700 Tax Map ID #:35.-5-16 Property Class:311 - Res vac land Site:RES 1 In Ag. District:No Site Property Class:311 - Res vac land Zoning Code:R-2b Neighborhood Code:70104 Land Assessment:2012 - $10,200 2011 - $10,200 Total Assessment:2012 - $10,200 2011 - $10,200 Total Acreage/Size:37.5 x 76 School District:Ithaca Full Market Value:2012 - $10,200 2011 - $10,200 Legal Property Desc: Deed Book:Deed Page: Grid East:841533 Grid North:891116 Living Area:0 sq. ft.First Story Area:0 sq. ft. Second Story Area:0 sq. ft.Half Story Area:0 sq. ft. Additional Story Area:0 sq. ft.3/4 Story Area:0 sq. ft. Finished Basement:0 sq. ft.Number of Stories:0 Building Style:0 Bathrooms (Full - Half):0 - 0 Bedrooms:0 Kitchens:0 Fireplaces:0 Basement Type:0 Porch Type:0 Porch Area:0.00 Basement Garage Cap:0 Attached Garage Cap:0.00 sq. ft. Overall Condition:0 Overall Grade: Year Built: Page 1of 2Printer Friendly Report - Image Mate Online 4/5/2012http://asmsdg.tompkins-co.org/report.aspx?file=VOLLOCAL/T000076/5007000350000005016000000000... Item # 3 Land Types Sewer Type:Comm/public Water Supply:Comm/public Utilities:Gas & elec Heat Type:0 Fuel Type:0 Central Air:No Type Size Primary 37 × 76 Page 2of 2Printer Friendly Report - Image Mate Online 4/5/2012http://asmsdg.tompkins-co.org/report.aspx?file=VOLLOCAL/T000076/5007000350000005016000000000... Item # 3 Property Description Report For: 701 Cliff St, Municipality of City of Ithaca Area Structure Sales Status:Active Roll Section:Taxable Swis:500700 Tax Map ID #:38.-3-7 Property Class:210 - 1 Family Res Site:RES 1 In Ag. District:No Site Property Class:210 - 1 Family Res Zoning Code:R-3a Neighborhood Code:70116 Land Assessment:2012 - $22,000 2011 - $22,000 Total Assessment:2012 - $90,000 2011 - $90,000 Total Acreage/Size:87.7 x 144 School District:Ithaca Full Market Value:2012 - $90,000 2011 - $90,000 Legal Property Desc: Deed Book:2505 Deed Page:5999 Grid East:838273 Grid North:891774 Living Area:1,240 sq. ft.First Story Area:668 sq. ft. Second Story Area:572 sq. ft.Half Story Area:0 sq. ft. Additional Story Area:0 sq. ft.3/4 Story Area:0 sq. ft. Finished Basement:0 sq. ft.Number of Stories:2 Building Style:Old style Bathrooms (Full - Half):1 - 0 Bedrooms:3 Kitchens:1 Fireplaces:0 Basement Type:Full Porch Type:0 Porch Area:0.00 Basement Garage Cap:0 Attached Garage Cap:0.00 sq. ft. Overall Condition:Normal Overall Grade:Economy Year Built:1860 Sale DatePrice Property ClassSale Type Prior Owner Value Usable Arms Length Addl. Parcels Deed Book Deed Page 4/1/2002$43,000210 - 1 Family Res Land & Building Barr, Sandra L YesYesNo25055999 Page 1of 2Printer Friendly Report - Image Mate Online 4/5/2012http://asmsdg.tompkins-co.org/report.aspx?file=VOL3/T000223/500700038000000300700000000006.jpg... Item # 3 Utilities Land Types 12/12/2000$1 210 - 1 Family Res Land & Building Barr, Lance E NoNoNo893298 10/8/1992$36,350210 - 1 Family Res Land & Building Nasir, Shafqat A YesYesNo686298 Sewer Type:Comm/public Water Supply:Comm/public Utilities:Gas & elec Heat Type:Hot air Fuel Type:Gas Central Air:No Type Size Primary 87 × 144 Page 2of 2Printer Friendly Report - Image Mate Online 4/5/2012http://asmsdg.tompkins-co.org/report.aspx?file=VOL3/T000223/500700038000000300700000000006.jpg... Item # 3 Item # 3 Property Description Report For: 116 Titus Ave N, Municipality of City of Ithaca Area Structure Owners Owner Information Not Available Sales Status:Active Roll Section:Taxable Swis:500700 Tax Map ID #:93.-3-4 Property Class:210 - 1 Family Res Site:RES 1 In Ag. District:No Site Property Class:210 - 1 Family Res Zoning Code:R-3a Neighborhood Code:70118 Land Assessment:2012 - $19,000 2011 - $19,000 Total Assessment:2012 - $190,000 2011 - $190,000 Total Acreage/Size:44 x 92.3 School District:Ithaca Full Market Value:2012 - $190,000 2011 - $190,000 Legal Property Desc: Deed Book:48814 Deed Page:6001 Grid East:842694 Grid North:887302 Living Area:1,227 sq. ft.First Story Area:721 sq. ft. Second Story Area:0 sq. ft.Half Story Area:0 sq. ft. Additional Story Area:0 sq. ft.3/4 Story Area:506 sq. ft. Finished Basement:0 sq. ft.Number of Stories:1.7 Building Style:Old style Bathrooms (Full - Half):1 - 1 Bedrooms:3 Kitchens:1 Fireplaces:1 Basement Type:Full Porch Type:Porch-coverd Porch Area:216.00 Basement Garage Cap:0 Attached Garage Cap:0.00 sq. ft. Overall Condition:Good Overall Grade:Average Year Built:1917 Page 1of 2Printer Friendly Report - Image Mate Online 4/5/2012http://asmsdg.tompkins-co.org/report.aspx?file=VOL3/T000418/500700093000000300400000000009.JPG... Item # 3 Land Types Sale DatePrice Property ClassSale Type Prior Owner Value Usable Arms Length Addl. Parcels Deed Book Deed Page 3/27/2006$186,000210 - 1 Family Res Land & Building Bushlow, Lisa YesYesNo488146001 8/15/2000$91,500210 - 1 Family Res Land & Building Quest, Daniel A YesYesNo88477 TypeSize Primary 44 × 92 Page 2of 2Printer Friendly Report - Image Mate Online 4/5/2012http://asmsdg.tompkins-co.org/report.aspx?file=VOL3/T000418/500700093000000300400000000009.JPG... Item # 3 It e m # 3 It e m # 3 It e m # 3 It e m # 3 Item # 3a Proposed Resolution Planning & Economic Development Committee April 11, 2012 Authorize Transfer to IURA of 203 Third Street Property Acquired Through Foreclosure – Declaration of Lead Agency WHEREAS, the City of Ithaca Common Council is considering conveyance of 203 Third Street, Ithaca, NY (tax parcel #35.‐5‐16) to be acquired through tax foreclosure proceedings to the Ithaca Urban Renewal Agency (IURA) for disposition to a qualified sponsor for residential development, and WHEREAS, as proposed, the IURA will solicit competitive proposals for purchase and development of the property and develop a proposed property disposition for Common Council approval, and WHEREAS, the proposed transfer of a 2,850 sq. ft. parcel of land is an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, that the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed transfer to the IURA of the above listed real property to be acquired through tax foreclosure. j:\staff\nels\nels1\miscellaneous\iura\property disposition\city tax foreclosures\2012\reso p&ed tax foreclosure 203 third - lead agency.doc Item # 3a Proposed Resolution Planning & Economic Development Committee April 11, 2012 Authorize Transfer to IURA of 203 Third Street Property Acquired Through Foreclosure – Environmental Determination WHEREAS, the City of Ithaca Common Council is considering conveyance of 203 Third Street, Ithaca, NY (tax parcel #35.‐5‐16) to be acquired through tax foreclosure proceedings to the Ithaca Urban Renewal Agency (IURA) for disposition to a qualified sponsor for residential development, and WHEREAS, as proposed, the IURA will solicit competitive proposals for purchase and development of the property and develop a proposed property disposition for Common Council approval, and WHEREAS, on May 2, 2012, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQR”) and an Unlisted Action under the State Environmental Quality Review Act (“SEQR”), both of which require environmental review, and WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1, submitted by the applicant, and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby determines that the proposed transfer to the IURA of the 203 Third Street property acquired through tax foreclosure proceedings will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. j:\staff\nels\nels1\miscellaneous\iura\property disposition\city tax foreclosures\2012\reso p&ed tax foreclosure 203 third ‐ neg dec.doc Item # 3a Proposed Resolution Planning & Economic Development Committee April 11, 2012 Authorize Transfer to IURA of 203 Third Street Property Acquired Through Foreclosure WHEREAS, the City of Ithaca is in the process of acquiring the 203 Third Street property (tax parcel #35.‐5‐16) by tax foreclosure through the City’s Tax Foreclosure Proceeding filed with the Tompkins County Clerk, and WHEREAS, as of March 16, 2012, a total of $1,404.67 of City and School taxes were due on the 203 Third Street property for tax years 2010 and 2011, and WHEREAS, real property acquired by the City of Ithaca through foreclosure proceedings may be disposed of through auction or directed sale to another party without advertising for bids or public hearing, and WHEREAS, the City Chamberlain is authorized, without further Common Council action, to dispose of properties acquired through tax foreclosure through auction in conjunction with the County of Tompkins, which auction is scheduled for June, 2012, and WHEREAS, to properly market properties in the June auction, the City Chamberlain must submit properties to be sold by auction in early May, and WHEREAS, Section 1166(1) of New York Real Property Tax Law authorizes a taxing jurisdiction vested with title to real property by virtue of a foreclosure proceeding under that statute to sell and convey the real property so acquired, either with or without advertising for bids, notwithstanding the provisions of any general, special or local law, and WHEREAS, Section 1166(2) of the New York Real Property Tax Law further provides that no such sale shall be effective unless and until such sale shall have been approved and confirmed by a majority vote of the governing body of the taxing jurisdiction (except that no such approval shall be required when the property is sold at a public auction to the highest bidder), and WHEREAS, the various methods available to dispose of property include (1) auction, (2) competitive RFP process, and (3) a directed sale to a non‐profit organization for a specific end use, and each approach optimizes different public policy objectives such as increasing the tax base, expanding affordable housing opportunities, minimizing administrative effort & transaction costs, maximizing the purchase price, and transparency and perceived fairness of the process; and WHEREAS, given the parcel’s small size and close proximity to existing single‐family homes, the 203 Third Street property is most appropriate for development of a detached, for‐sale, single‐ family home, and 1 Item # 3a WHEREAS, public policy objectives are best achieved for disposition of 203 Third Street through a process that provides prospective buyers with an opportunity to submit proposals to acquire and redevelopment the property through an open competitive RFP process; now, therefore, be it RESOLVED, that the City Chamberlain is directed to withhold 203 Third Street from the auction pending transfer to the IURA, and be it further RESOLVED, that the Mayor, subject to advice of the City Attorney, is hereby authorized to enter into a property transfer agreement for 203 Third Street with the IURA for purposes of the IURA soliciting competitive proposals for purchase and development of the property for a for‐sale, taxable, single‐family home, with a sales price at least equal to pay all outstanding City, School and County taxes and any other City liens and all expenses of the City and IURA associated with the conveyance, and be it further RESOLVED, that the Mayor, subject to advice of the City Attorney and the terms and provisions of the property transfer agreement, is authorized to convey quit claim deed for 203 Third Street to the IURA. j:\staff\nels\nels1\miscellaneous\iura\property disposition\city tax foreclosures\2012\reso p&ed tax foreclosure 203 third ‐ authorize transfer to iura.doc 2 Item # 3b Proposed Resolution Planning & Economic Development Committee April 11, 2012 Authorize Conveyance to TCAction of 701 Cliff Street Property Acquired Through Foreclosure – Declaration of Lead Agency WHEREAS, the City of Ithaca Common Council is considering conveyance of 701 Cliff Street Street, Ithaca, NY (tax parcel #38.‐3‐7) to be acquired through tax foreclosure proceedings to Tompkins Community Action, Inc. to be used to develop affordable housing as part of a YouthBuild project funded by the U.S. Department of Labor, and WHEREAS, if Tompkins Community Action ’s 2012 Youthbuild grant application is not funded, then the property will be transferred to the Ithaca Urban Renewal Agency (IURA) for disposition to a qualified sponsor for residential development subject to Common Council approval, and WHEREAS, the proposed transfer of an approximately 12,600 sq. ft. parcel of land is an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, that the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed conveyance of the above listed real property to be acquired through tax foreclosure. j:\staff\nels\nels1\miscellaneous\iura\property disposition\city tax foreclosures\2012\reso p&ed tax foreclosure 701 cliff ‐ lead agency.doc Item # 3b Proposed Resolution Planning & Economic Development Committee April 11, 2012 Authorize Conveyance to TCAction of 701 Cliff Street Property Acquired Through Foreclosure – Environmental Determination WHEREAS, the City of Ithaca Common Council is considering conveyance of 701 Cliff Street, Ithaca, NY (tax parcel #38.‐3‐7) to be acquired through tax foreclosure proceedings to Tompkins Community Action Inc. (TCAction) to be used to develop affordable housing as part of a Youthbuild project funded by the U.S. Department of Labor, and WHEREAS, if TCAction’s 2012 Youthbuild grant application is not funded, then the property will be transferred to the Ithaca Urban Renewal Agency (IURA) for disposition to a qualified sponsor for residential development subject to Common Council approval, and WHEREAS, on May 2, 2012, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQR”) and an Unlisted Action under the State Environmental Quality Review Act (“SEQR”), both of which require environmental review, and WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1, submitted by the applicant, and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby determines that the above‐ described proposed conveyance of the 701 Cliff Street property acquired through tax foreclosure proceedings will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. j:\staff\nels\nels1\miscellaneous\iura\property disposition\city tax foreclosures\2012\reso p&ed tax foreclosure 701cliff ‐ neg dec.doc Item # 3b Proposed Resolution Planning & Economic Development Committee April 11, 2012 Authorize Conveyance to TCAction of 701 Cliff Street Property Acquired Through Foreclosure WHEREAS, the City of Ithaca is in the process of acquiring the 701 Cliff Street property (tax parcel #38.‐3‐7) by tax foreclosure through the City’s Tax Foreclosure Proceeding filed with the Tompkins County Clerk, and WHEREAS, as of March 16, 2012, a total of $4,696.01 of City and School taxes were due on the 701 Cliff Street property for tax years 2010 and 2011, and WHEREAS, real property acquired by the City of Ithaca through foreclosure proceedings may be disposed of through auction or directed sale to another party without advertising for bids or public hearing, and WHEREAS, the City Chamberlain is authorized, without further Common Council action, to dispose of properties acquired through tax foreclosure through auction in conjunction with the County of Tompkins, which auction is scheduled for June, 2012, and WHEREAS, to properly market properties in the June auction, the City Chamberlain must submit properties to be sold by auction in early May, and WHEREAS, Section 1166(1) of New York Real Property Tax Law authorizes a taxing jurisdiction vested with title to real property by virtue of a foreclosure proceeding under that statute to sell and convey the real property so acquired, either with or without advertising for bids, notwithstanding the provisions of any general, special or local law, and WHEREAS, Section 1166(2) of the New York Real Property Tax Law further provides that no such sale shall be effective unless and until such sale shall have been approved and confirmed by a majority vote of the governing body of the taxing jurisdiction (except that no such approval shall be required when the property is sold at a public auction to the highest bidder), and WHEREAS, the various methods available to dispose of tax foreclosed property include (1) auction, (2) competitive RFP process, and (3) a directed sale to a non‐profit organization for a specific end use, and each approach optimizes different public policy objectives such as increasing the tax base, expanding affordable housing opportunities, minimize administrative effort & transaction costs, maximizing the purchase price, and the transparency and perceived fairness of the process; and WHEREAS, Tompkins County Action, Inc. (TCAction) intends to submit a YouthBuild grant application to the U.S. Department of Labor that is due on May 8, 2012, and 1 Item # 3b WHEREAS, in YouthBuild programs, low‐income young people ages 16 to 24 work full‐time for 6 to 24 months toward their GEDs to high school diplomas while learning job skills by building affordable housing, and WHEREAS, TCAction requires site control of a residential site to be competitive in the YouthBuild grant application, and WHEREAS, utilization of 701 Cliff Street as a YouthBuild site for creation of affordable housing while young people learn job skills and earn GEDs or high school diplomas serves a public purpose, and WHEREAS, providing site control of 701 Cliff Street to TCAction significantly enhances the strength of their YouthBuild grant application that will assist residents of the City of Ithaca; now, therefore, be it RESOLVED, that the City Chamberlain is directed to withhold 701 Cliff Street from the auction pending transfer to the IURA, and be it further RESOLVED, that the Mayor, subject to advice of the City Attorney, is hereby authorized to enter into a sale agreement for 701 Cliff Street with Tompkins County Action, Inc. subject to the following terms: Sales price ‐ an amount sufficient to pay all outstanding City, School and County taxes and any other City liens due and all out‐of‐pocket expenses associated with conveyance; Land use – development of affordable housing as part of a YouthBuild project Seller contingency ‐ sale is contingent upon approval of TCAction’s 2012 YouthBuild grant application, and be it further RESOLVED, if the seller contingency is not satisfied, then 701 Cliff Street shall be transferred to the Ithaca Urban Renewal Agency (IURA) for the purpose of soliciting competitive proposals for purchase and development of the property for residential development with a sales price at least equal to pay all outstanding City, School and County taxes and any other City liens due and all expenses of the City and IURA associated with conveyance, and be it further RESOLVED, that the Mayor, subject to advice of the City Attorney and the terms and provisions of the sales agreement, is authorized to convey quit claim deed of 701 Cliff Street. j:\staff\nels\nels1\miscellaneous\iura\property disposition\city tax foreclosures\2012\reso p&ed tax foreclosure 701cliff ‐ authorize transfer to tcaction.doc 2 It e m #3 d It e m #3 d It e m #3 d It e m #3 d It e m #3 d It e m #3 d It e m #3 d It e m #3 d It e m #3 d Proposed Resolution Planning & Economic Development Committee April 11, 2012 Authorize Transfer to IURA of 213‐215 W. Spencer Street Property – Declaration of Lead Agency WHEREAS, the City of Ithaca Common Council is considering transfer of 213‐215 W. Spencer Street, Ithaca, NY (tax parcels #93.‐7‐3 & 93.‐3‐5.1) to the Ithaca Urban Renewal Agency (IURA) for disposition to a qualified sponsor for residential development, and WHEREAS, as proposed, the IURA will solicit competitive proposals for purchase and development of the property and develop a proposed property disposition for Common Council approval, and WHEREAS, the proposed transfer of an approximately 20,700 sq. ft. parcel of land is an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, that the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed transfer to the IURA of the above listed real property. Item # 3d Proposed Resolution Planning & Economic Development Committee April 11, 2012 Authorize Transfer to IURA of 213‐215 W. Spencer Street Property – Environmental Determination WHEREAS, the City of Ithaca Common Council is considering transfer of 213‐215 W. Spencer Street, Ithaca, NY (tax parcels #93.‐7‐3 & 93.‐3‐5.1) to the Ithaca Urban Renewal Agency (IURA) for disposition to a qualified sponsor for residential development, and WHEREAS, as proposed, the IURA will solicit competitive proposals to purchase and develop the property for a residential use and develop a proposed property disposition for Common Council approval, and WHEREAS, on May 2, 2012, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQR”) and an Unlisted Action under the State Environmental Quality Review Act (“SEQR”), both of which require environmental review, and WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1, submitted by the applicant, and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby determines that the proposed transfer to the IURA of the 213‐215 W. Spencer Street property will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. j:\staff\nels\nels1\miscellaneous\iura\property disposition\spencer rd\reso p&ed 213‐215 w spencer ‐ neg dec.doc Item # 3d Proposed Resolution Planning & Economic Development Committee April 11, 2012 Authorize Transfer to IURA of 213‐215 W. Spencer Street Property WHEREAS, the City of Ithaca Common Council is considering transfer of 213‐215 W. Spencer Street, Ithaca, NY (tax parcels #93.‐7‐3 & 93.‐3‐5.1) to the Ithaca Urban Renewal Agency (IURA) for disposition to a qualified sponsor for residential development, and WHEREAS, pursuant to §695 of General Municipal Law, the City may dispose of real property at the highest marketable price at public auction or by sealed bid, and WHEREAS, pursuant to §507 of General Municipal Law, the City is also authorized to dispose of real property through the Ithaca Urban Renewal Agency (IURA) to a qualified and eligible sponsor (aka preferred developer) to a preferred developer (aka a “qualified and eligible sponsor”) at a negotiated sales price for a specific end use. A public hearing must be held on any IURA‐proposed property sale following publication of a notice disclosing the terms of the sale and Common Council approval of the proposed sale is required, and WHEREAS, the 2012 City budget includes revenues of $120,000 from the sale of City properties, so purchase price is a consideration in selecting the method of disposition, and WHEREAS, Common Council has an interest in post‐sale use of the property to enhance the City’s tax base, expand the supply of affordable housing, and compatibility with the surrounding neighborhood, and WHEREAS, public policy objectives are best achieved for disposition of 213‐215 W. Spencer Street through a process that provides prospective buyers with an opportunity to submit proposals to acquire and development the property through an open competitive RFP process; now, therefore, be it RESOLVED, that the Mayor, subject to advice of the City Attorney, is hereby authorized to enter into a property transfer agreement for 213‐215 W. Spencer Street with the IURA for purposes of the IURA soliciting competitive proposals for purchase and development of the property with the following guidance: • Sales price: seek fair market value • Use: compatible residential development, including affordable housing if feasible • Tenure: for‐sale or rental housing • Taxable status: taxable, and be it further RESOLVED, that the Mayor, subject to advice of the City Attorney and the terms and provisions of the property transfer agreement, is authorized to convey quit claim deed for 213‐215 W. Spencer Street to the IURA. j:\staff\nels\nels1\miscellaneous\iura\property disposition\spencer rd\reso p&ed 213‐215 w spencer st ‐ authorize transfer to iura.doc Item # 3d It e m # 3d It e m # 3d It e m # 3d It e m # 3d It e m # 3d It e m # 3d It e m # 3d Proposed Resolution Planning & Economic Development Committee April 11, 2012 Authorize Sale of 321 Elmira Road Property for Highest Marketable Price – Declaration of Lead Agency WHEREAS, the City of Ithaca Common Council is considering sale of 321 Elmira Road, Ithaca, NY (tax parcel #122.‐2‐1) by public auction or an alternative authorized disposition method to achieve a sale at the highest marketable price, and WHEREAS, the proposed transfer of an approximately 18,800 sq. ft. parcel of land is an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, that the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed sale of 321 Elmira Rd. by public auction or an alternative authorized method to achieve a sale at the highest marketable price. Item # 3e Proposed Resolution Planning & Economic Development Committee April 11, 2012 Authorize Sale of 321 Elmira Road Property for Highest Marketable Price – Negative Declaration WHEREAS, the City of Ithaca Common Council is considering sale of 321 Elmira Road, Ithaca, NY (tax parcel #122.‐2‐1) by public auction or an alternative authorized disposition method to achieve a sale at the highest marketable price, and WHEREAS, on May 2, 2012, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQR”) and an Unlisted Action under the State Environmental Quality Review Act (“SEQR”), both of which require environmental review, and WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1, submitted by the applicant, and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby determines that the proposed sale of 321 Elmira Road, Ithaca, NY by public auction or an alternative authorized disposition method to achieve a sale at the highest marketable will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Item # 3e Proposed Resolution Planning & Economic Development Committee April 11, 2012 Authorize Sale of 321 Elmira Road Property for Highest Marketable Price WHEREAS, the City of Ithaca Common Council is considering sale of 321 Elmira Road, Ithaca, NY (tax parcel #122.‐2‐1) by public auction or an alternative authorized disposition method to achieve a sale at the highest marketable price, and WHEREAS, pursuant to §695 of General Municipal Law, the City may dispose of real property at the highest marketable price at public auction or by sealed bid, and WHEREAS, pursuant to §507 of General Municipal Law, the City is also authorized to dispose of real property through the Ithaca Urban Renewal Agency (IURA) to a qualified and eligible sponsor (aka preferred developer) to a preferred developer (aka a “qualified and eligible sponsor”) at a negotiated sales price for a specific end use. A public hearing must be held on any IURA‐proposed property sale following publication of a notice disclosing the terms of the sale and Common Council approval of the proposed sale is required, and WHEREAS, the 2012 City budget includes revenues of $120,000 from the sale of City properties, so purchase price is a consideration in selecting the method of disposition, and WHEREAS, public policy objectives are best achieved for disposition of 321 Elmira Rd. by seeking the highest marketable price; now, therefore, be it RESOLVED, that the Mayor, subject to advice of the City Attorney, is hereby authorized to enter into agreements to dispose of 321 Elmira Rd. by public auction or an alternative authorized disposition method to achieve a sale at the highest marketable price, and be it further RESOLVED, that the Mayor, subject to advice of the City Attorney, is authorized to convey a quit claim or warranty deed for 321 Elmira Rd. for a sale at the highest marketable price. j:\staff\nels\nels1\miscellaneous\iura\property disposition\spencer rd\reso p&ed 321 elmira rd ‐ authorize auction.doc Item # 3e It e m # 3e It e m # 3e Proposed Resolution Planning & Economic Development Committee April 11, 2012 Authorize Subdivision and Transfer to IURA of 6 Acre Parcel at the Southerly End of Cherry Street – Declaration of Intent to be Lead Agency WHEREAS, the City of Ithaca Common Council is considering transfer of a 6 acre portion of the 8.25 acre parcel located at the southerly end of Cherry Street (tax parcel #100.‐2‐1.2) to the Ithaca Urban Renewal Agency to issue an RFP for sale of the property to a purchaser committing to undertake an economic development project, and WHEREAS, the proposed subdivision will result in a 6 acre portion directly accessible to Cherry Street (Parcel A) to be transferred to the IURA and a remainder parcel of approximately 2.25 acres (Parcel B) to be retained by the City, as further shown on a “Survey Map Showing Lands Owned by the City of Ithaca Located at Southerly End of Cherry Street”, prepared by T.G. Miller P.C., dated March 5, 2012, and WHEREAS, the proposed subdivision and transfer of an approximately 6 acres of land is a Type I action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the City of Ithaca Planning & Development Board is an involved agency that has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, that the City of Ithaca Common Council does hereby declare its Intent to Declare Itself Lead Agency for the environmental review of the proposed subdivision and transfer a portion of City‐owned land at the southerly end of Cherry Street to the IURA. j:\staff\nels\nels1\miscellaneous\iura\property disposition\cherry ii (100‐2‐1)\reso p&ed cherry st exten ‐ intent to be lead agency 4‐9‐12.doc Item # 3f Item # 3f 4/2/2012 Cherry Street Approval Schedule - Transfer & Subdivision Action Responsible Party & Date Resolution - Intent to Declare Lead Agency Planning Committee 4-11-12 Resolution -Lead Agency Concurrence Planning Board 4-24-12 Resolution - Determination that the Proposed Parcel B is Uninhabitable Land Resolution - Declaration of Lead Agency Planning Committee 5-9-12 Public Hearing Resolution-Negative Declaration of Env. Significance Resolution - Approval of Transfer to IURA Resolution - Declaration of Lead Agency Council Resolution - Negative Declaration of Env. Significance 6/9/2012 Resolution - Approval of Transfer to IURA Resolution - Preliminary & Final Subdivision Approval Planning Board 6-26-12 Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f Item # 3f