nothin City Promises “Veto” Will Vanish | New Haven Independent

City Promises:
Veto Will Vanish

Melissa Bailey Photo

Murphy (at right) agreed to change controversial language benefitting Winstanley (left).

After denying they gave a developer the right to dictate how to design public streets, city officials agreed to clarify a key agreement for the Downtown Crossing project to remove any perception of veto power.”

Economic Development Administrator Kelly Murphy made that pledge Wednesday night during a meeting of the joint aldermanic Finance-Legislation Committee in City Hall.

She did that as city officials and developer Carter Winstanley wooed aldermen a week in advance of a key vote on the Downtown Crossing project. The meeting was a workshop. That meant lots of information and question-asking from lawmakers; and no votes and no public comment.

Aldermen learned about two proposals — a zoning map change and a development agreement — that would pave the way for Winstanley’s proposed 100 College Street biomedical building to straddle the filled-in mini-highway-to-nowhere just east of the Air Rights Garage.

100 College (pictured in above artist’s rendering) and the street changes surrounding it are the first phase of Downtown Crossing. The larger plan is to fill in the mini-highway with streets and new development. Click here and here for past stories on the topic.

In the two-hour discussion Wednesday night, East Rock Alderman Justin Elicker and aldermanic President Jorge Perez both raised concerns about language in the development agreement outlining Winstanley’s rights if he disagrees with the way the city wants to design public streets.

Elicker read aloud the text and said he believes it does give the developer veto power” over proposed designs. Other independent and experts not paid by the city have said the same thing. (Read about that here.)

Murphy, her deputy, and City Hall lawyer John Ward continued to insist Wednesday night the language doesn’t constitute a veto.” But they agreed to submit clarifying language” to erase that impression.

The current language that officials insist doesn’t constitute a veto” reads as follows: “[T]he City shall not design the City’s Traffic Improvements in any manner that the Developer reasonably believes would negatively impact the Development Parcel, the Development or the [State Traffic Commission] application for a major traffic generator certificate for the Development.”

The proposed deal’s language also instructs city planners working on street design to seek to incorporate the Developer’s comments and suggestions in such design” as long as they don’t cause an increase in cost.

In past development deals — like the agreement that gave developer David Chase long-term control over a downtown parking lot and 99 years of free rent on prime downtown land across from the Green in return for promising to rebuild City Hall — little-discussed details approved by one set of politicians have come back to haunt their successors.

After extensive discussion of nitty-gritty details at Wednesday’s hearing, Alderwoman Holmes raised a broader question: What if this project doesn’t continue? What if it stops with just 100 College — the way the project before it, the Rt. 34 mini-connector highway-to-nowhere, started, then stopped? Winstanley’s response: You’ll have a big new office development and streets that have grown calmer with slower traffic.

A live blog of Wednesday night’s session follows.

Cigar” Becomes Submarine”


7 p.m.
East Rock Alderwoman Jessica Holmes opens the meeting. She says the extra workshop is being held in order to thoroughly discuss the important deal before a public hearing next week. She pledges the meeting will stop at 9.

7:11 Economic Development Administrator Kelly Murphy, City Plan Director Karyn Gilvarg and Deputy Director of Zoning Tom Talbot approach the oval table, facing many new members of the Board of Aldermen. They go through the basics of the plan.

Murphy: 100 College is a key project to begin to get rid of the scar” that tore apart neighborhoods.

7:16 p.m. Gilvarg outlines the zoning change request. The city is asking for the creation of a new the Central Business/Mixed Use District/BD‑3 zone at and around 100 College St. The point is to connect the central business, medical, education districts to each other and to Union Station. The new zone would allow medical uses to meld into downtown” and to be allowed there.

7:22: Talbot outlines the rules of the BD‑3 zone, which the City Plan Commission approved in April.

The BD‑3 map has been changed from its original proposal to include the block between Temple, George, College and North Frontage.

Gilvarg: The new shape (pictured) is more like a submarine than a cigar.”

7:36:Fair Haven Alderwoman Migdalia Castro: Did you hold meetings with the community about the zone change?

Murphy and Gilvarg.

Gilvarg: Yes. It was tricky because there’s no one in the area under consideration for zone change — it’s just used for transportation. The reason the proposed BD‑3 area changed was because of a nearby owner wanted to be included. [The extra properties now included are owned by: The Temple Medical Garage (which the city owns half of), Carter Winstanley, and United Illuminating.]

Downtown Alderman Doug Hausladen: What are the parking requirements?

Talbot: for most commercial uses, there’s no parking requirement. The parking requirement for residential areas has been reduced from one parking space per unit to 1/2 space per unit. That’s because the spot is so close to two train stations and other transit.

Hausladen: Why not go to zero, and let the market deal with it?

Gilvarg: Downtown residential towers have asked for a reduction in the parking requirement. But the only residential buildings that ask for zero parking are small.

7:41: Talbot: Reductions in parking are permitted by special exception.

Hausladen: Doesn’t going before the zoning board hold up development?

Talbot: No. The zoning board is a way of monitoring the situation.

Gilvarg: If we find we’re getting dozens of variances, we can go back and change the requirement.

7:46:Winstanley steps up, accompanied by Murphy.

Murphy outlines the development agreement. The project will create 600 to 960 permanent jobs at all skill levels” as well as up to 2,000” construction jobs. It will comprise 225,000 to 400,000 square feet of office, lab, and ground-level retail space, she says.

There will be 600 to 845 on-site parking spots. There will be bike racks, showers, drop-offs for shuttles. The developer has to come up with a transit plan to encourage workers not to drive a car to work.

Murphy: With this tenant (an unnamed, mature life-science company”) at 100 College St., it will boost the city’s growing bio-med industry, which is here to stay. Contractors on-site will work with mentees (students) who want to get into those fields.

The developer pledges to pay $150,000 towards a job training program; the city’s quasi-public Economic Development Corporation would match that. (Read more details here.)

If all goes well, Murphy says, construction on 100 College would start in May of 2013 and finish in 2015.

7:57
Winstanley: I’ve been at this project for seven years now. He says he went through long, hard days” leasing out 300 George St., another biotech building. After 9/11, the building filled up and hit a point where it was nearly full. That enabled us to go tackle Science Park, another property I didn’t anticipate tackling.” Since then, Winstanley Enterprises has worked its way through Science Park renovating and filling up buildings.

Winstanley: The continued interest and demand in the biotech sector has led to 100 College. It would be easy to drop a foundation in farmland somewhere, but there’s a need to have it in this urban center, near the medical school. That’s why I’ve been talking about this project for seven years now. We found we have an industry that’s viable.

8:08: Mike Piscitelli, deputy economic development administrator: The city’s end of the bargain in the development agreement is completing infrastructure improvements. New lanes will send traffic under the Air Rights Garage and under 100 College St. A new ramp will take you up to any level of the Air Rights Garage — no need to brave Frontage Road to enter from a higher point.

Murphy: That’s why the development agreement is such a big document. It outlines responsibilities for liability, insurance, etc. in these improvements.

8:11: Aldermanic President Jorge Perez asks about something that appears controversial, but the city and developer say is not — the deak;s so-called veto power.” The language needs to be clarified that the developer has no veto power on how to design public streets, Perez said.

Murphy: We could send you clarifying language to get that done.

Perez: I definitely don’t want there to be any veto power. Thanks.

8:20: Perez: When will the state give over the land?

Murphy: The state DOT [Department of Transportation] has the right to hand it over. They need to be comfortable with the traffic plan. Time frame: First quarter of 2013.

Elicker: What’s the rest of the schedule?

Piscitelli: Traffic improvements come first. Exits 2 and 3 on Route 34 would be closed. All cars would have to get off at Exit 1. Then the land would be transferred to Winstanley. Then the city gets to work on infrastructure, including rebuilding the College Street Bridge.

Winstanley’s development will take 24 months to build, he says.

8:24:
Elicker: I have concerns about the veto” language. The current language says you have the veto power if you want, but you could go into mediation with the city if you want to negotiate.

Attorney John Ward, special counsel to the economic development team: That’s not correct. The developer has the right to walk away — not veto improvements to nearby streets.

8:25: Winstanley: We’ve been at the design table with the city for at least two years. The effort has been to dovetail the two projects together.

Winstanley: I would appreciate a veto right. I asked for that right and the city denied it.” If the city wants to run a lane of traffic through my site, option is take it or leave it.” I’ve put a lot of money and time and heart and soul” into the project — the notion of walking away after seven years is untenable.”

Elicker: I would say you should have some say on what goes on under your development — but not the other streets.

Elicker reads from the text — if developer chooses not to walk away, or if he already has the property, he could decide to proceed to legal action to settle the dispute.

Piscitelli, Murphy, Ward.

Ward: It’s impossible that we wouldn’t have the design plans done and agreed upon before the conveyance of the property on May 1, 2013. The design should be done by June 30, 2012.

Ward concedes the language should be clearer. Winstanley agrees.

8:32:
Elicker: Are we going to have problems with taxes like we did with 360 State?

Perez: In this case, there’s been no figure pledged for taxes.

Murphy: Any tax estimate is just an estimate.

Hausladen: What about the dollar sale price?

Murphy: This is different (from, say, 360 State) because it’s a sale of land from the state.

8:35:
Castro: How is the developer going to diminish traffic congestion?

Piscitelli: We’re closing a highway and knitting Orange and Temple Streets across Route 34 again. That will alleviate the north-south congestion — - cars trying to cut across town are now forced onto North Frontage.

8:37:
Castro: I’m concerned about management and maintenance of the building. Will those workers be residents of New Haven?

Winstanley: What makes for meaningful job change and creation in the city is to figure out how to retrain a large population here in New Haven so that tenants from the outside look at New Haven as an asset to the industry. That’s not the case now. Companies have posted jobs for up to six months without finding qualified candidates.

Murphy: The tenants in this building will have a ripple” effect through the economy, employing folks who make copies, etc.

Winstanley: New Haven is in the unusual position to actually address this and make a pipeline and create opportunities. A project like this can serve as a catalyst to create a model for a jobs pipeline to serve this industry.

8:44:
Alderman Al Paolillo: What’s the schedule for tax property payments from this project?

Murphy: The 2015 assessment will be payable in 2016.

Piscitelli: We’ll offer more details later.

Paoilillo: So there’s no tax discounts? No deferment?

Murphy: No.

Ward: If it’s not in the city’s summary (of the developer’s agreement), it doesn’t exist.

Murphy: We look forward to an announcement soon on the name of the tenant for 100 College.

Holmes Pursues Counter Scenarios

8:46: Holmes: We aren’t going to have a lot of bites of the apple on remaking downtown. What happens if we don’t go to full build? If, much like the current situation (where a plan to build a highway was abandoned, leaving a scar across the Rt. 34 corridor), we end up with the rags of an abandoned dream?

Murphy: We’ve already gotten people talking to us about being the next site after 100 College. Winstanley is prepared to invest $100 million on his building. Public and private have come together to make this happen. We went twice for the federal Tiger” grant, then we got $16 million. When we do this successfully (in Phase 1), it makes it easier to expand to the next. I wish we could do it in a more holistic approach (all phases at once), but the momentum we’re building will help us achieve the long-term vision.

Winstanley: What happens if Downtown Crossing doesn’t happen beyond this building? Then we have a slowed-down traffic pattern. When you come down the boulevard, you’ll see one building in place that’s an attractive building. That’s better than zooming into New Haven at 70 miles an hour and seeing the Air Rights Garage.

8:52:
Holmes: Will the project really stitch together” neighborhoods, rather than just extend the medical district? What about making it easier to walk past? The cafeteria at Winstanley’s 300 George St. closes before evening.

Murphy: The more activity we bring, the more businesses can make money by staying open late.

Winstanley: There’s no question the location of the cafe at 300 George St. is not ideal. But at the time, when we brought the cafe to the building, we had a very low population at the building. It didn’t look sustainable. There’s a moat around the building. It’s hard to access. At 100 College, however, there will be chairs and umbrellas outside. There will be retail on the corner — not at an embedded location.

Holmes: How about making it a mixed-use building, with residential?

Winstanley: That would be tough. It’s hard to put lab space in the same building as apartments because of the dimensions of the space needed.

As promised, the meeting ends at 9.

Members of the public are invited to give comments at a public hearing on the topic on May 10 in City Hall.

Sign up for our morning newsletter

Don't want to miss a single Independent article? Sign up for our daily email newsletter! Click here for more info.


Post a Comment

Commenting has closed for this entry

Comments

Avatar for anonymous

Avatar for Bruce

Avatar for anonymous

Avatar for One City Dump

Avatar for streever

Avatar for PauletteCohen

Avatar for Nathan

Avatar for Steve Harris

Avatar for anonymous

Avatar for Ann T. Greene

Avatar for aabg

Avatar for anonymous

Avatar for PauletteCohen

Avatar for Steve Harris