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HomeMy WebLinkAboutMN-CC-2003-04-22 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Continuation of April 15, 2003 Meeting 7:00 pm April 22, 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 Planning and Development Director – Van Cort City Controller – Thayer EXCUSED: Alderpersons Mack, Sams NEW BUSINESS: Discussion and Resolution on the Developer Agreement with Ciminelli Mayor Cohen noted that he and Alderperson Blumenthal had a productive conversation with Developer David Chiazza this afternoon. He distributed the new draft agreement and reviewed the changes that have been agreed to by the Developer. Mayor Cohen further reviewed Alderperson Blumenthal’s memo dated April 21, 2003 regarding her recommended language revisions to the agreement. Discussion followed on the floor regarding the proposed 5-year re-visitation clause, and the parking space recapture clause. City Attorney Schwab recommended that the language in these clauses be clarified before the agreement is signed. RECESS: On a motion the meeting recessed at 7:50 pm in order to clarify agreement language with the Developer. RECONVENE: Common Council reconvened into Regular Session at 8:30 pm. Mayor Cohen and City Attorney Schwab reviewed the content of the language that was discussed with the Developer regarding the recapture clause and the 5- year re-visitation clause. Alderperson Blumenthal voiced her concern regarding the 20-year length of the agreement and asked for the City Controller’s opinion. City Controller Thayer stated that he is not as concerned with the length of the term of the agreement, as he is concerned about keeping the payments within the 3% CPI for the hotel portion of the parking. Mayor Cohen noted that this issue was discussed with the Developer and an alternative was suggested, however it was the consensus of Common Council that the alternative was not as cost beneficial to the City. Further discussion followed on the floor regarding the equity of the penalty clauses between the parties for non-performance. Alderpersons Whitmore, Hershey, and Pryor thanked Alderpersons Cogan and Blumenthal, Mayor Cohen, City Attorney Schwab, and members of the Planning Department staff for all of their time and effort on this agreement. Continuation of April 15, 2003 Meeting April 22, 2003 2 A Motion to Authorize the Mayor to Sign the Parking Agreement with Ciminelli By Alderperson Whitmore: Seconded by Alderperson Hershey RESOLVED, That Common Council authorizes the Mayor to sign the Parking Agreement with Ciminelli subject to the approval of the City Attorney. Alderpersons Blumenthal and Peterson voiced their support for tabling this Resolution until tomorrow to allow for additional time to review the changes made to the agreement. Mayor Cohen clarified that the approval of this Resolution does not preclude editorial changes from being made to the Agreement to clarify language, or to eliminate inconsistencies between documents, upon the review of both Attorneys. Alderpersons Pryor, Peterson and Mayor Cohen acknowledged the challenges downtown merchants are facing, and voiced their support for the long-term strength and vitality of Downtown. Alderperson Blumenthal stated that although she supports the downtown, she could not support this agreement as she continues to be uncomfortable with the risks it presents to the City. A vote on the Resolution resulted as follows: Ayes (7) Manos, Pryor, Whitmore, Vaughan, Peterson, Hershey, Cogan Nays (1) Blumenthal Carried Park and Ride Shuttle Mayor Cohen stated that the Resolution approving the temporary park and ride system was not available for Council consideration, however Common Council agreed in concept to the elements of the system so that staff can proceed with the implementation of it. Discussion followed on the floor regarding when Council would be available to consider the Resolution. RECESS: On a motion at 9:10 pm, the meeting was recessed to 9:00 pm, April 23, 2003. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor