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