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HomeMy WebLinkAboutMN-CC-2002-11-20 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:30 pm November 20, 2002 PRESENT: Mayor Cohen Alderpersons (10) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal, Mack, Peterson, Cogan, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Schwab City Controller – Thayer Planning and Development Director – Van Cort Economic Development Director – McDonald Superintendent of Public Works – Gray Fire Chief – Wilbur Acting Police Chief - Signer City Planner - Kusznir PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American Flag. 1. PUBLIC COMMENT: By Alderperson Manos: Seconded by Alderperson Hershey RESOLVED, That a public comment session be added to the agenda of this special Common Council meeting. Carried Unanimously The following people addressed Common Council in support of the restoration of the typist position at the Ithaca Police Department in the City budget: Charlotte Pallog Acting Police Chief Lauren Signer Ithaca Police Investigator Frank Bracken Fay Gougakis John Simon The following people addressed Common Council on additional issues: Fay Gougakis – Tibetan Cultural Day, Cayuga Green Project Tracy Farrell - NESTS Report John Simon - Cleveland Avenue Park Alderperson Sams arrived at the meeting at 7:50 p.m. 2. SPECIAL ORDER OF BUSINESS: 2.1. Elimination on the Exemption of Clothing Sales Tax - Discussion and Possible Resolution By Alderperson Hershey: Seconded by Alderperson Manos RESOLUTION of the Common Council of the City of Ithaca, repealing the sales and compensating use tax exemption for clothing and footwear, pursuant to Article 29 of the Tax Law of the State of New York. November 20, 2002 2 Be it enacted by the Common Council of the City of Ithaca, as follows: Section 1. Subdivision (h) of section six of a resolution adopted by the Common Council of the City of Ithaca on June 25, 1969, as amended, which subdivision exempted certain clothing and footwear from sales and compensating use taxes, is hereby repealed. Section 2. This resolution shall take effect on March 1, two thousand three, and shall apply to sales made and uses occurring on or after that date although made or occurring under a prior contract. City Controller Thayer explained that this resolution repeals the clothing and footwear sales tax exemption, and will become effective on March 1, 2003. Discussion followed on the floor regarding the impact this action will have on the City and on the operating budget. A vote on the resolution resulted as follows: Carried Unanimously 2.2 Mayor’s Budget Veto - Discussion and Possible Resolution Extensive discussion followed on the floor regarding the Mayor’s veto message; no formal action was taken. Common Council requested that Acting Chief Signer prepare additional information for review and possible future action on the typist position. Alderperson Mack arrived at 8:25 p.m. 2.2 Designation of January 2003 Regular Common Council Meeting Date - Resolution By Alderperson Cogan: Seconded by Alderperson Peterson RESOLVED, That the date for the January 2003 Regular Common Council meeting be Wednesday, January 15, 2003, at 7:00 p.m. Carried Unanimously 2.3. Downtown Development/Cayuga Garage Phase I of the Cayuga Green Project - Resolution By Alderperson Manos: Seconded by Alderperson Cogan WHEREAS, on July 2, 2002 the Common Council passed a resolution approving the construction of up to 1,790 additional downtown parking spaces, subject to further review and approval by Common Council, and directing staff to take the necessary project development steps for design development, environmental review, and financing for the Cayuga Green Project which will include retail and housing and WHEREAS, the project as originally proposed included the construction of three garages, and current plans now call for construction of two garages, and WHEREAS, after evaluation staff recommended that due to the budgetary impacts as well as the impacts to the community of losing 820 parking spaces at once, the project should be phased, and WHEREAS, the new Phase I proposal being considered includes the construction of one seven story garage on South Cayuga Street, which is proposed to have a total of 697 parking spaces and approximately 27,000 SF of retail on the ground floor, and WHEREAS, the Common Council recognizes that, in order to complete the construction of the superstructure of the garage in the 2003 construction season, the preparation of construction documents for the garage must begin immediately; now therefore be it November 20, 2002 3 RESOLVED, That the Common Council does hereby designate the National Development Council (NDC) Housing and Economic Development Corporation (HEDC) as developer for the Cayuga Garage, and requests that HEDC incorporate a tax-exempt subsidiary hereinafter referred to as Community Development Properties, Ithaca, Inc. (CDP) to undertake the financing, construction and operation of the facility, and be it further RESOLVED, That the Common Council does hereby authorize and direct the Mayor, upon the advice of the City Attorney and Director of Planning and Development, to enter into a contract with CDP to act on behalf of the City of Ithaca in an effort to lessen their governmental burden, to cause the preparation at the earliest possible time, of Cayuga Garage construction drawings including design of pilings, foundations, and elevators, as well as other building components that require early commencement or long lead times, and be it further RESOLVED, That the Common Council hereby amends Capital Project #446 Cayuga Green Design and Study by an amount not to exceed $250,000, giving a total authorization of $795,000, for the purposes of preparing design development and construction drawings and documents and other necessary services for the development of the Cayuga Garage as the first phase of the Cayuga Green Project, and be it further RESOLVED, That the necessary funding shall be derived from the issuance of serial bonds with the potential payback from bond proceeds, and be it further RESOLVED, That the funding necessary to repay the City shall be derived from the issuance of Community Development Properties, Ithaca, Inc. Series 2003 Bonds in an amount sufficient to pay all capital costs and fund all reserves required to complete the project as approved by the Common Council of the City of Ithaca. Extensive discussion followed on the floor regarding the Cayuga Green Project relating to: the impact on the city; the decision to proceed in construction phases; and the parking impacts on downtown businesses, employees and visitors to the City. A vote on the resolution resulted as follows: Ayes (9) Manos, Vaughan, Pryor, Sams, Peterson, Cogan, Whitmore, Mack, Hershey Nays (1) Blumenthal Carried ADJOURNMENT: On a motion the meeting adjourned at 10:05 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor