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HomeMy WebLinkAbout94-0310S COMMON COUNCIL CITY HALL BUFFALO, NEW YORK SPECIAL SESSION MARCH 10, 1994 AT 11:30 A.M. Present - George K. Arthur, President of the Common Council and Councilmembers: Bell, Collins, Coppola, Czajka, Fahey, Helfer, Lockwood, LoTempio, Perla, Pitts, Zuchlewski. - 12. Absent - Councilmember Franczyk - 1. No. 1 Call for Special Session Mr. Charles L. Michaux, III City Clerk 1308 City Hall Buffalo, New York Dear Mr. Michaux: Pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members of the City of Buffalo, dated March 9, 1994, presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on March 10, 1994 at 11:30 a.m. for the following purpose: To receive, consider and take appropriate action to amend the previously approved Memorandum of Understanding (MOU) for the Crossroads Arena. GEORGE K. ARTHUR President of the Council Hon. George K. Arthur President of the Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purpose: To receive, consider and take appropriate action to amend the previously approved Memorandum of Understanding (MOU) for the Crossroads Arena. WE request that this Special Meeting be held on March 10, 1994 at 11:30 a.m. Rosemarie LoTempio Kevin Helfer Bonnie Kane Lockwood Carl A. Perla, Jr. Alfred T. Coppola TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members, dated March 9, 1994 the HON. GEORGE K. ARTHUR, has a called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on March 10, 1994 at 11:30 a.m. for the following purpose: To receive, consider and take appropriate action to amend the previously approved Memorandum of Understanding (MOU) for the Crossroads Arena. CHARLES L. MICHAUX, III City Clerk Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: ALFRED T. COPPOLA DAVID FRANCZYK CLIFFORD BELL DAVID J. CZAJKA CARL A PERLA, JR. KEVIN J. HELFER BONNIE KANE LOCKWOOD DAVID COLLINS ROSEMARIE LOTEMPIO JAMES W. PITTS EUGENE M. FAHEY DALE ZUCHLEWSKI hereby states that he/she received notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on March 10, 1994 at 11:30 a.m. and hereby waives 24 hours' notice. STATE OF NEW YORK) COUNTY OF ERIE ) ss: CITY OF BUFFALO On this 10th day of March, 1994, before me, the subscribers, personally appeared Alfred T. Coppola, Clifford Bell, Carl A. Perla, Jr., Kevin J. Helfer, Bonnie Kane Lockwood, Rosemarie LoTempio, David Franczyk, David A. Collins, James W. Pitts, Eugene M. Fahey, Dale Zuchlewski me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Richard Okoniewski Commissioner of Deeds My Commission Expires 12/31/94 No. 2 By: Mr. Pitts Crossroads Arena Project Approval of a City-County Bed Tax Litigation Settlement Agreement, an Interim Development and Other Amendments to the MOU Approved on February 22, 1994 Whereas: The Council hereby finds and declares that the development, construction and operation of The Crossroads arena is in the interest of the people of the City of Buffalo (the "City"); and Whereas: The Council further finds The Crossroads will effectuate the goals and objectives of the Waterfront Urban Renewal Plan, as amended, by the eradication of slum and blight; and Whereas: The Council further finds and declares that the development, construction and operation of The Crossroads will provide economic benefits to the City and its residents, including the creation of employment opportunities during both the construction and operation phases of the project, the increase of direct and indirect economic activity within the City associated with the construction and operation of The Crossroads and the generation of tax revenue resulting from such activity; and Whereas: The Council further finds and declares that The Crossroads will provide a recreational resource that enhances the quality of life of the people of the City, will attract a wide variety of family and other entertainment events to the City, will enhance the image of the City, will assist the City's efforts to attract business, conventions and tourism, and will provide the City with a venue at which civic events may be held; and Whereas: The Council finds and declares that, based upon extensive study by the Council's Stadium and Auditorium Task Force (the "Task Force"), the financing, development and construction of The Crossroads will require a cooperative effort among the Buffalo Sabres, the Sabres wholly owned subsidiary Crossroads Arena Corporation ("CAC"), private financial institutions, the County of Erie (the "County") and the New York State Urban Development Corporation ("UDC"); and Whereas: The City, through representatives of the Mayor and the Task Force, has devoted substantial time and effort to the development of a Memorandum of Understanding ("MOU") among the City, the Buffalo Sabres, CAC, the County, UDC, the Erie County Industrial Development Agency and the Buffalo Urban Renewal Agency describing the role that each of those parties will play in that cooperative effort and setting terms and conditions that are fair and equitable to the City and other parties, and Whereas: The Council approved the MOU on February 22, 1994, subject to approval of a City-County Bed Tax Litigation Settlement Agreement ("Settlement Agreement") and an Interim Development Agreement which would be Exhibits R and P of the MOU respectively; and Whereas: The Corporation Counsel has presented to the Council a City-County Bed Tax Litigation Settlement Agreement and an Interim Development Agreement attached hereto; and Whereas: UDC has requested an amendment to the MOU to provide for further negotiations on the issue of how Transmission Fee revenue provided for by the MOU will be distributed among the Operating Fee Recipients; and Whereas: UDC has also requested an amendment to the MOU to reference the modification of the Crossroads Arena project site plan to provide for retention of historic buildings as recommended in the Final Environmental Impact Statement; Now, Therefore, Be It Resolved: That the City-County Bed Tax Litigation Settlement Agreement and the Interim Development Agreement with CAC and BURA as presented by the Corporation Counsel be and hereby are approved; and Be It Further Resolved: That the amendments requested by UDC to the MOU be and hereby are approved; and Be it Further Resolved: That the Corporation Counsel be and hereby is authorized to execute the City-County Litigation Settlement Agreement, subject to such modifications as the Corporation Counsel may deem advisable, necessary or appropriate; and Be it Further Resolved: That the Mayor be and hereby is authorized to execute the Interim Development Agreement and the amendments to the MOU as provided for herein, subject to such modifications as the Corporation Counsel may deem advisable, necessary or appropriate; and Be it Finally Resolved: That the Comptroller be and hereby is authorized to transfer to BURA such portion of the $10 million bond anticipation note proceeds raised by the City for the City's Cash Contribution to the Project as set forth in the MOU as necessary to fund land acquisition and other interim development activity costs under the terms and conditions of the Interim Development Agreement. PASSED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS- 11. NOES- ZUCHLEWSKI- 1. No. 3 Adjournment At 11:55 A.M., Mr. Pitts moved to Adjourn. Seconded by Mr. Czajka.