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HomeMy WebLinkAboutMN-CC-2003-04-15 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:30 pm April 15, 2003 PRESENT: Mayor Cohen Alderpersons (8) Manos, Pryor, Whitmore, Vaughan, Blumenthal, Peterson, Cogan, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Schwab Economic Development Director – McDonald EXCUSED: Alderpersons: Sams, Mack PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American Flag. 3. NEW BUSINESS: 3.1 Alcohol Permit for Benchwarmers - Resolution By Alderperson Vaughan: Seconded by Alderperson Whitmore WHEREAS, Benchwarmers Restaurant on the Commons has requested an outdoor dining permit with permission for the sale and consumption of alcohol, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Benchwarmers Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2003, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Benchwarmers Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously SPECIAL ORDER OF BUSINESS: Discussion and Resolution on the Developer Agreement with Ciminelli Extensive discussion followed on the floor with Alderperson Vaughan voicing her concern regarding the lack of equity in the default clauses between the City of Ithaca and the Developer. She suggested that the language of the agreement be amended to achieve greater equity between the parties in the case of non-performance. Mayor Cohen reviewed various updates that have been made to the agreement since the last draft. Alderperson Vaughan voiced concern regarding the proposed 20 year parking agreement for 500 spaces. Alderperson Blumenthal noted that the parking agreements April 15, 2003 2 the City has with other entities do not include specific fee schedules as the proposed Ciminelli agreement does. Common Council discussed several alternatives to bring financial equity to the agreement, such as requiring a performance bond from the developer, a guaranteed purchase of a minimum number of parking spaces for the length of the agreement, requiring a financial payment if the parking spaces are not used as proposed, or removing the City’s financial requirements should the City default on the agreement. Alderperson Vaughan agreed to explore new language for the agreement and bring it back to Council for further discussion. Extensive discussion continued regarding the proposed length of term of the agreement, and the established parking permit fee structure. Alderperson Cogan distributed several proformas that illustrated different fee structure scenarios. TCAT’S Proposal to the City of Ithaca for Parking Shuttle Service Transit Manager Nancy Oltz addressed Common Council with a revised proposal from TCAT to provide shuttle service from the new park and ride lots to downtown during the construction of the Cayuga Parking Garage. Extensive discussion followed on the floor regarding the proposed fee structure and the costs that the City would be covering. Alderperson Cogan questioned who would be hiring the shuttle bus driver. Transit Manager Oltz responded that the City would hire the bus driver, but that TCAT would supervise the employee. Resolution: By Alderperson Blumenthal: Seconded by Alderperson Whitmore RESOLVED, That Common Council adopts the TCAT proposal for shuttle bus service during the construction period of the downtown parking garages. Discussion followed on the floor regarding the proposed starting date of the construction and the possible ramifications if the City was unable to hire a bus driver before that time. Amending Resolution: By Alderperson Cogan: Seconded by RESOLVED, That the following Resolved clause be added to the Resolution: “RESOLVED, That if a bus driver can’t be hired by the starting date of the construction, the City will use Ithaca Airline Limousine Service as a shuttle service. Upon further discussion Alderperson Cogan withdrew his amendment. Main Motion: A vote on the Main Motion resulted as follows: Carried Unanimously Alderperson Hershey requested that TCAT submit a proposal to the City for the provision of Zone 2 bus passes during the construction period. Creation of a Part-time Bus Driver Position By Alderperson Whitmore: Seconded by Alderperson Hershey RESOLVED, That Common Council hereby amends the Department of Public Works – TCAT Personnel Roster as follows: Decrease: One (1) Full-Time Bus Driver (40 hours) to Part-Time (20 hours) Carried Unanimously (Alderperson Blumenthal absent from vote) April 15, 2003 3 Discussion followed on the floor regarding extending the meeting. Mayor Cohen scheduled a Common Council Committee of the Whole meeting for Monday, April 21, 2003 at 8:30 p.m. RECESS: On a motion, at 11:10 p.m., the meeting was recessed until 7:00 p.m., Tuesday, April 22, 2003. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor