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HomeMy WebLinkAboutMN-CC-2011-04-06COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. April 6, 2011 PRESENT: Mayor Peterson Alderpersons (8) Coles, Dotson, Clairborne, McCollister, Zumoff, Rooker, Myrick, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Community Development Director – Bohn Superintendent of Public Works – Gray EXCUSED: Alderpersons Rosario and Cogan PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Report of City Attorney: Mayor Peterson requested the addition of Item 17.1 - A Motion to Enter into Executive Session to Discuss Current and Proposed Litigation. No Common Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Fay Gougakis, City of Ithaca, addressed Common Council regarding the suicide means restriction meetings, and the nightly noise level of the downtown bar district that makes it intolerable for residents living on The Commons. Ted Schiele, Town of Groton and representing Tobacco Free Tompkins, expressed his thanks to Common Council for adopting the outdoor smoking legislation one year ago. He explained that he is working with an Ithaca College Professor to do short term and long term evaluations of the success of the program. Alan Karasin, Town of Caroline and representative of the Ithaca Dragon Boat Club, spoke regarding the Cass Park docks and the new Use of City Property legislation and fee schedule. He asked Common Council to consider two amendments to the proposed legislation on the agenda as follows: change the starting date of the license period from May 1st to April 15th, and to consider changing the dock fee from $400 to $220 for the 2011 season. Joel Harlan, Town of Newfield, expressed his opinions on the downtown bar district noise, Collegetown development, and the upcoming mayoral race. Janis Kelly, City of Ithaca, addressed Common Council on the following topics: the duties of Common Council members, the Ithaca Fire Department rules, the need to fill the vacancy on the Board of Fire Commissioners and the need to appoint a new Fire Chief. Tomo Shibata, City of Ithaca, spoke to Common Council about organized stalking abuse and noted that she has a blog on-line about this topic. Neil Oolie, City of Ithaca, questioned how the re-development in Collegetown fit into the City’s long range comprehensive plan. He further commented on downtown bar district noise, and the fact that New York State is cutting taxes to the wealthiest in the State and passing it onto the taxpayers. April 6, 2011 2 The following people addressed Common Council about issues regarding the Collegetown Development Plan and the proposed zoning amendments that are under consideration. Many expressed their thanks for the amount of work that has gone into the plans and proposals; however they expressed the following concerns: George Avramis, City of Ithaca – building height concerns Todd Saddler, City of Ithaca – sustainability, consolidation of lots, and payment in lieu of parking concerns Graham Kerslick, City of Ithaca – supports a variety of housing to support Collegetown year-round Marty Blodgett, City of Ithaca – development and protection of neighborhoods concerns Jeff Schmidt, City of Ithaca – concerned about environmental impacts & diminishment of the diversity of neighborhoods Neil Golder, City of Ithaca, - development concerns and threat of housing being turned over to Cornell University making it property tax exempt. He encouraged Common Council to investigate the role that Herman Sieverding, former Deputy Director of Planning for the City of Ithaca, and his employer’s involvement play in the re- development of Collegetown. Kathy Yoselson, City of Ithaca – expressed the need for amenities such as a grocery store in Collegetown, and that increased density should improve the lives of everyone in the neighborhood. James LaVeck, City of Ithaca – building size concerns Jennifer Wilkins, City of Ithaca - the Collegetown re-zoning plan and area form districts. She encouraged Council to review all the elements in these documents carefully. Josh Lower, City of Ithaca - parking overlay zone, and payment in lieu of parking concerns PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson McCollister stated that she is pleased there will be an extra meeting of the Collegetown Neighborhood group on Monday, April 11, 2011, 5:30 p.m., at St. Luke’s Church to discuss the Collegetown plan concerns that have been raised. She further stated that she was glad the City sent the information letter out to residents who may or may not be affected by the zoning proposals, as this is a very complex process. She noted that one of her goals, as someone who lives very close to Collegetown, is to have a diversity of land uses that will foster a year round population. Alderperson McCollister also responded to Mr. Avramis’ comments about his prior attempt to develop a property in Collegetown, stating that the new plan only allows seven stories – not eight. The extra story is only for non-student year round use – for things like Class A hotel space, and office space. She further stated that she has been in touch with the Vice President of Cornell to confirm that the University does not have plans to buy these buildings. Contrary to rumors, the buildings on College Avenue are on the property tax rolls. Alderperson Coles thanked the city residents and Collegetown property owners for the diligent work they have done, and for enlightening her about many of the realities which she was not aware of. Alderperson Myrick explained the situation that existed when the Collegetown vision process was undertaken. There was a building moratorium enacted in response to the character of the development that was taking place, development that was unpopular both in design and size. The goal and vision was to see how the City could diversify the population and the type of businesses in Collegetown so that it would not be dependent upon the university (i.e. grocery stores, retail, and businesses that support a 365 day community). What was discovered, however, was that the demand for land in April 6, 2011 3 Collegetown was so high that the price of land and the cost of development made it too expensive for most people to live and/or open a business. The committee had to figure out how to reach the goal of creating a diverse community with all of these high costs. The strategy was to increase the density and the amount of housing that could be offered in the core of Collegetown, while decreasing the amount of allowable building on the outskirts (the lower end of Linden Avenue, the lower end of College Avenue, Cook, Catherine, Eddy Street). The Committee thought that if there were restrictions on what could be built on the outskirts, those areas may become more attractive and financially feasible for graduate students, young professionals, young families, established families and retired couples to live, while attracting the undergraduate student population to the center of Collegetown. Now is the time to evaluate whether the attempts to achieve this goal were successful. He encouraged area residents to participate in the Collegetown Neighborhood Association meeting mentioned above to continue these discussions. Alderperson Dotson stated that the Collegetown zoning proposals will also be discussed further at the next Planning and Economic Development Committee meeting on April 20, 2011. She thanked the speakers for coming to the meeting and sharing information via e-mail, and phone calls. Some of the concerns mentioned, particularly about consolidation, have come up throughout the city and she is concerned about what that means in relation to concentrations of wealth. She noted that this past week she has been doing a final “go through” of all the Collegetown zoning amendments to see whether there might be some adjustments that should be made at this point. She stated that she supports the process that has been followed which included 16 public meetings, neighborhood group meetings, and individual conversations. She encouraged everyone to attend the neighborhood meeting on Monday at St. Luke’s and also urged people to share their comments with Council members as it is a very valuable element of their decision making process. Mayor Peterson responded to comments made regarding the vacancy of the Fire Chief position. She explained that a search committee has been established which consists of members of Common Council, the Board of Fire Commissioners, and one professional person who is familiar with the fire discipline. Interviews will begin shortly once the results of the civil service examination have been certified. She further noted that Acting Chief Dorman has been willingly serving as the Acting Chief. Alderperson Myrick responded to comments made about the downtown bar district noise levels. He stated that a couple of years ago a group of Collegetown neighbors worked with a bar that was causing noise complaints, and he volunteered to work with the Ithaca Police Department and the downtown bars to address this issue, if needed. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Planning and Development - Approval of Application for a Preserve New York Grant - Resolution By Alderperson Dotson: Seconded by Alderperson Rooker WHEREAS, the area informally known as the “Henry Saint John survey area” contains an important collection of architecturally significant properties reflecting many aspects of the city’s historical development from early rural village life, to the 19th century emergence of industrialism, to municipal incorporation in 1888 and on into the first decades of the 20th century, and WHEREAS, the Department of Planning & Development proposes to re- apply to the Preserve New York grant program of the Preservation League of New York State for funds to engage a consultant for survey and documentation pursuant to the preparation of New York State and National Register nominations of the “Henry Saint John survey area”, which information could also serve as the basis for designation of a local historic district, and WHEREAS, the Henry St. John survey area is within a qualifying federal census tract and residents would be eligible under new legislation entitled the New York State Historic Residential Properties Tax Credit Program for a tax credit of 20% of rehabilitation costs for investment in properties listed on the New York State and National registers, and April 6, 2011 4 WHEREAS, the estimated project cost is $10,924 and, to be competitive for a Preserve New York grant, the City’s application should include a local match which in this case would include in-kind services and a cash contribution of $3,000, and WHEREAS, the $3,000 cash match authorized and allocated for the 2010 grant application remains available through the contingency account; now therefore, be it RESOLVED, That Common Council hereby recommends authorization of the application for a Preserve New York grant with a cash match not to exceed $3,000 should the City be the recipient of a grant award from the Preserve New York grant program. Carried Unanimously (8-0) 9. CITY ADMINISTRATION COMMITTEE: 9.1 Information Technology - Amendment to Personnel Roster for Position Reclassification in Conjunction with the 2011 Budget - Resolution By Alderperson Coles: Seconded by Alderperson Clairborne WHEREAS, Common Council approved the creation of the Public Information Division in the City Clerk’s Office as part of the 2011 budget process with the recognition that such a position will require the services of specialized technical support including, but not limited to the development of web, television and video streaming resources, and WHEREAS, the demand for the use of web, television and video streaming resources both for public information and for internal communications is growing and will continue to do so for the foreseeable future, and WHEREAS, the Information Technology Department currently has on staff someone professionally trained to provide the necessary support for the aforementioned resources and Public Information Division; now, therefore, be it RESOLVED, That effective April 11, 2011 the Personnel Roster of the Information Technology Department be amended as follows: Delete: (1) Senior Network Integration Specialist – 40 hours Add: (1) Manager of Electronic Communications and Customer Services - 40 hours and, be it further RESOLVED, That the position of Manager of Electronic Communications and Customer Services be assigned to the City Executive Association at Grade B of the compensation plan, and be it further RESOLVED, That Common Council hereby establishes an eight (8) hour standard workday for the position of Manager of Electronic Communications and Customer Services for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, and be it further RESOLVED, That funding for the reclassification will be derived from the Information Technology Department’s 2011 budget. Carried Unanimously (8-0) 9.2 Chamberlain’s Office - Refund of Tax Bill Penalties - Resolution By Alderperson Coles: Seconded by Alderperson Clairborne WHEREAS, in order to produce the City of Ithaca’s real-estate tax bills the City relies on billing information from the Tompkins County Assessment Department, and WHEREAS, the tax billing information from Tompkins County includes a designation of a “bank code” on those properties with mortgage escrow accounts so that those bills can be sent to the appropriate bank or realty tax service, in accordance with New York State Real Property Tax Law, and April 6, 2011 5 WHEREAS, in addition, the City Chamberlain uses information received on lists and electronic files provided by various banks and realty tax services to confirm the accuracy of the information and to update the City’s records, and WHEREAS, the City Chamberlain received a list of additions and deletions from CoreLogic Realty Tax Service in December, 2010 that was used to update records for the 2011 tax billing cycle as part of this process, and WHEREAS, it has been determined that at least thirty property owners did not receive tax bills because the bill for the property was erroneously coded to be sent to CoreLogic, and CoreLogic did not notify the City that the tax payments were no longer its responsibility, and WHEREAS, those property owners have been directed to pay the taxes due with penalty, and WHEREAS, the failure to receive a tax bill was clearly not caused by any action or inaction on the part of the property owner, now, therefore, be it RESOLVED, That the City Chamberlain is authorized to refund penalties paid on taxes by the owners of properties affected by the failure to remove the bank code directing the bills to CoreLogic, as long as the taxes were paid before March 31, 2011 Discussion followed on the floor with City Chamberlain Parsons clarifying that this legislation refers to 2011 bills that were issued in January, and these people contacted the Chamberlain’s Office before March. Alderperson Clairborne noted that he felt this was a show of good faith to refund these penalties. A vote on the Resolution resulted as follows: Carried Unanimously (8-0) 9.3 Chamberlain’s Office - Acceptance of Credit Card Payments - Resolution By Alderperson Coles: Seconded by Alderperson Mohlenhoff WHEREAS, the City of Ithaca acknowledges that the use of debit and credit cards has become the method of choice for the payment of bills and services, and WHEREAS, acknowledging the convenience of credit cards, debit cards and other electronic forms of payments, the City would like to offer this option of payment to City residents, and WHEREAS, the Ithaca Youth Bureau, the Newman Golf Course, Cass Park and the City parking garages currently accept credit and debit cards for the payment of fees and charges, and WHEREAS, the City Chamberlain’s office recently accepted proposals for credit card processing for payment of taxes, water and sewer bills, and other miscellaneous bills and fees, and WHEREAS, Govolution, LLC has been chosen as the preferred vendor and is prepared to begin processing credit card payments accepted by the City Chamberlain’s office for the City of Ithaca, now therefore be it RESOLVED, That the City Chamberlain, Director of the Youth Bureau, Superintendent of Public Works and their designees are authorized to accept electronic forms of payment for fines, taxes, rent, fees, charges and other revenues. Discussion followed on the floor regarding the fees associated with the acceptance of credit card use. City Chamberlain Parsons explained that the fees vary depending upon the amount of the payment and the type of card being used. She estimated that if the City were to absorb those fees, it would cost over $100,000. City Attorney Hoffman clarified that the fees are only being charged back to customers making payments in the City Chamberlain’s Office, the City is absorbing the fees for the use of credit cards in other departments. April 6, 2011 6 A vote on the Resolution resulted as follows: Carried Unanimously (8-0) 9.4 Attorney’s Office - An Ordinance to Amend Chapter 146 of the City of Ithaca Municipal Code entitled “Building Code Enforcement”, Section 146-50 “Penalties for Offenses” By Alderperson Coles: Seconded by Alderperson Rooker Ordinance #2011 - ___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 146-50 of the City of Ithaca Municipal Code is hereby amended to read as follows: § 146-50 Penalties for Offenses. In accordance with §383 of Article 18 of the Executive Law of the State of New York: A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of law or ordinance as well as any regulation or rule promulgated by the Building Commissioner in accordance with applicable laws, or to fail in any manner to comply with a notice, directive or order of the Building Commissioner or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. No person shall commence any work for which a building permit is required without first having obtained a building permit issued by the Building Department. B. If a property is in violation of any provision of this chapter, the owner of the property shall be guilty of an offense. In addition, any other person who shall violate any provision of this chapter shall be guilty of an offense. Each day’s continued violation constitutes a separate offense unless otherwise provided herein. Each offense shall be punishable by a fine of not less than $100 nor more than $250, unless otherwise provided herein. [B] C. Any person who shall fail to comply with a written order of the Building Commissioner within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building or any property who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Building Commissioner made thereunder shall be punishable by fine of not less than $250 nor more than $500. Each day that a violation continues shall be deemed a separate offense. [C] D. Except as provided otherwise by law, such violation shall not be a crime, and the penalty or punishment imposed therefore shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person found guilty of such offense. Section 2. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 3. Effective Date. This ordinance shall take effect upon publication of notices as provided for in the Ithaca City Charter. Carried Unanimously (8-0) April 6, 2011 7 9.5 Attorney’s Office - An Ordinance to Amend Chapter 210 of the City of Ithaca Municipal Code entitled “Housing Standards”, Section 210-86 “Penalties for Offenses” By Alderperson Coles: Seconded by Alderperson McCollister Ordinance #2011 - ___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 210-86 of the City of Ithaca Municipal Code is hereby amended to read as follows: § 210-86 Penalties for offenses. A. If a property is in violation of any provision of this chapter, the owner of the property shall be guilty of an offense. In addition, any other person who shall violate any provision of this chapter shall be guilty of an offense. Each day’s continued violation constitutes a separate offense unless otherwise provided herein. Each offense shall be punishable by a fine not less than $100 nor more than $250 unless otherwise provided herein. B. Every person who shall fail to comply with a violation order issued by the Building Commissioner within the time limit stated shall be guilty of an offense and, upon conviction, shall be punished as provided in Chapter 1, General Provisions, Article 1, Penalties 146, Article VII, § 146-50. Each day that a violation continues shall be a separate offense. Section 2. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 3. Effective Date. This ordinance shall take effect upon publication of notices as provided for in the Ithaca City Charter. Amending Resolution: By Alderperson Coles: Seconded by Alderperson McCollister RESOLVED, That §210-86(B) be amended to read as follows: B. Every person who shall fail to comply with a violation order issued by the Building Commissioner within the time limit stated shall be guilty of an offense and, upon conviction, shall be punished as provided in Chapter 1, General Provisions, Article 1, Penalities 146, Article VII §146-50 punishable by a fine of not less than $250 or more than $500. Each day that a violation continues shall be a separate offense. Carried Unanimously (8-0) Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously (8-0) 9.6 Attorney’s Office - Authorization to Purchase a Parcel of Land for Addition to the Six Mile Creek Natural Area - Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, for at least 20 years, the City of Ithaca has maintained a capital project account (No. 292) intended to support the acquisition of lands to expand and buffer the City’s Six Mile Creek Natural Area (SMCNA), and WHEREAS, this account now contains approximately $100,000, and April 6, 2011 8 WHEREAS, last year, the City became aware of the availability of a parcel of vacant land off Slaterville Road (Town of Ithaca tax map parcel no. 58-1-14.22), consisting of 8.33 acres and bordered on two sides by the SMCNA, and WHEREAS, the property includes open fields and some wooded portions, and access from Slaterville Road (in two locations), and WHEREAS, the property is zoned to allow residential development, and its back acreage could be accessed for this purpose by way of a future extension of the Penny Lane roadway in the Commonland project, which type of development would be likely to have negative impacts on the recreational and environmental value of the SMCNA, and WHEREAS, appraisals of the property by the City and by the current owner (the Ithaca Monthly Meeting of Religious Society of Friends) estimate its fair market value to be between $79,000 and $105,000 (respectively), and WHEREAS, counsel for the City and for the owner have reached informal agreement on a sale/purchase price of $90,000, contingent upon approval of the purchase by the Common Council, and WHEREAS, discussions with a representative of the New York State Department of Parks, Recreation and Historic Preservation have indicated that it may be possible to secure reimbursement from the State for up to 50% of the cost of such acquisition, and WHEREAS, the State has also indicated that it may be possible for part or all of the property to serve as “substitute parkland” for land on Inlet Island which the City sought to alienate in the 1990s, using land to be acquired in the vicinity of Ithaca Falls as substitute parkland (and which alienation lacks final State approval, due to the possibility of unremediated contamination on a portion of the Ithaca Falls lands, thus potentially blocking development of City land on Inlet Island until the issue is resolved); now therefore be it RESOLVED, That Common Council approves the acquisition of the above-described parcel, for addition to the Six Mile Creek Natural Area, for a purchase price not to exceed $90,000, with the understanding that a portion of the street frontage (only) of the parcel may be sold by the City in the future, in order to supplement Capital Project Account No. 292 (Land Acquisition); and be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, be and hereby is authorized to execute a purchase/sale agreement for the acquisition of said parcel, upon such conditions, together with any and all other documents required to complete the transaction; and be it further RESOLVED, That the monies for said purchase, including closing costs, shall be drawn from Capital Project Account No. 292, and any reimbursement from New York State for said purchase shall be placed in said account. Carried Unanimously (8-0) 9.7 Attorney’s Office - Use of City Parkland (Boat Slips at Cass Park) – Resolution By Alderperson Coles: Seconded by Alderperson Clairborne WHEREAS, in 2010, the City of Ithaca installed two fixed docks extending from Cass Park into a shallow cove of the Cayuga Inlet, to serve human powered crafts, and WHEREAS, the new docks supplemented an existing, floating dock at the same location, intended for the same purpose, and WHEREAS, the City subsequently received a request from the Ithaca Asian American Association’s Dragon Boat Club to use both faces of one of the new docks to store two, long “dragon boats” which the Club owns and operates for the use of its members and, on occasion, other members of the public, and to maintain a shed it provided (approximately 10 feet by 12 feet) for boating supplies, on Cass Park land adjacent to the dock, and April 6, 2011 9 WHEREAS, according to Chapter 170 of the City Code, the exclusive (or semi- exclusive), non-transient use of City parkland must be authorized by the Common Council, and WHEREAS, on May 5, 2010, the Common Council authorized the issuance of a revocable license, to the IAAA/Dragon Boat Club, for reserved use of one dock (i.e., two long slips) and the shed site, for the 2010 boating season, provided that such use for the dragon boats did not prevent other members of the public from walking on or fishing from the dock, except during the launching or return of a dragon boat, and WHEREAS, at that time, the City had not established a fair-market rental fee for such use of its property (wherever located), and the Common Council decided essentially to waive any fee for the IAAA’s initial (2010) use of the docks and space for its shed, and WHEREAS, since then, an independent appraiser retained by the City has completed its report, and recommended a seasonal use fee of $350 per slip for docks associated with City-owned land (which are made available to the general public at commercial rates, by the licensees), which rate was adopted by the Board as part of its 2011-12 schedule of fees for use of City real property, and WHEREAS, taking an alternate approach to value calculation, staff has estimated the annual capital cost for the new docks as follows: Construction Cost: $70,000 Useful Life: 20 years Salvage at 20 years: $20,000 (pile foundation) Capital Maintenance: $5,000 @ years 8 & 16 Cost of 2 docks (capital only): $70,000 -$20,000 +2 @ $5,000 = $60,000 ($3000/yr) Cost per dock face: $3,000/4 = $750/year; and WHEREAS, when it approved this use for 2010, the Council also requested evaluation of the demand for use of the Cass Park docks, by the general public, “so as to determine whether reserved use of one dock [for the dragon boats] substantially interfered with the level of use and availability desired by other members of the public,” and WHEREAS, regular observation of the docks throughout the 2010 boating season (during the Monday-Friday work week), by a member of the City Youth Bureau staff, indicated relatively light use of the non-reserved docks, with no indication that access by the general public was hampered by having one dock reserved for dragon boats, and WHEREAS, the Dragon Boat Club has requested similar permission to use one of the Cass Park docks (and associated shed site) for the 2011 boating season, and WHEREAS, it is possible that other, similar users (e.g., groups or associations that own larger, human-powered craft that members of the public may regularly use or enjoy through a membership or other such arrangement) may have an interest in storing their craft at the Cass Park docks, and WHEREAS, parkland is held in trust for the public and must be treated in a manner that is consistent with that doctrine, i.e., for recreational purposes and such that the general public is not deprived of its benefit and that any semi-exclusive, recreational use is made available to similarly-situated, potential users on an equal basis, and WHEREAS, on March 9, 2011, the Board of Public Works recommended that Common Council, through a lottery system, make one of the new docks at Cass Park (and associated storage shed site) available for storage of one or more long, multi- passenger, human-powered craft (such as dragon boats or outrigger canoes), for a fee of $400/dock face, provided such craft are owned and operated by a non-profit group that makes them readily and reasonably available for use by members of the public; now therefore be it RESOLVED, That the Common Council make one of the new docks at Cass Park (i.e., two dock faces), and space for an associated storage shed, available for seasonal April 6, 2011 10 licensing, through a lottery system to be implemented by the Superintendent of Public Works, starting with the 2011 season, on the following terms (together with other, standard license requirements, for insurance, indemnification, etc): 1. Period of license: May 1-October 31 (with each season subject to new lottery); 2. License application fee: $50 (due after lottery drawing); 3. Annual use fee: $400 per dock face for 2011 (a rate between the appraiser’s figure and staff’s estimated, annual, capital cost), to be increased in subsequent years by any increase in consumer price index (rate includes the right to maintain a shed with a footprint no greater than 120 square feet, on land adjacent to the dock, for storage of materials associated with use of the boats); 4. Use must be for long, multi-passenger, human-powered boat(s), owned and operated by a non-profit group that makes its craft available for regular use and enjoyment by members of the general public, without discrimination, and at a rate (or per a fee structure) that is not economically exclusionary; 5. License to provide exclusive right to tie up to dock face(s) in question, but not exclusive use of dock surface (except when boat is being launched or docked); and 6. If first-drawn lottery participant wants only one dock face, then additional names shall be drawn, and, in order, shall be offered the other dock face (and a separate shed site); if first-drawn participant wants both dock faces, only one shed site shall be offered; and be it further RESOLVED, That the Mayor, upon the advice of the Superintendent and the City Attorney, be and hereby is authorized to execute a revocable license agreement (or agreements, as the case may be) for such use. Discussion followed on the floor regarding the request of the Dragon Boat Club to lower the license fees and to modify the dates of the “Period of License”. Amending Resolution: By Alderperson Coles: Seconded by Alderperson McCollister RESOLVED, That item #1 in the first Resolved clause be amended to read as follows: “1. Period of license: April 15-October 31 (with each season subject to new lottery);” Carried Unanimously (7-0) (Alderperson Myrick absent from vote) Amending Resolution: By Alderperson Zumoff: Seconded by Alderperson Clairborne RESOLVED, That item #3 in the first Resolved clause be amended to read as follows: “3. Annual use fee: $220 per dock face for 2011 and $400 for 2012, and beyond (a rate between the appraiser’s figure and staff’s estimated, annual, capital cost), to be increased in subsequent years by any increase in consumer price index (rate includes the right to maintain a shed with a footprint no greater than 120 square feet, on land adjacent to the dock, for storage of materials associated with use of the boats);” Discussion followed on the floor with members of Council expressing their opinions as to whether or not the fees should be adjusted this year. A vote on the Amending Resolution resulted as follows: Ayes (4) Zumoff, Rooker, Myrick, Clairborne Nays (4) Coles, Dotson, Mohlenhoff, McCollister Abstentions (0) Failed (4-4) Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously (8-0) April 6, 2011 11 9.8 City Controller’s Report City Controller Thayer reported to Common Council on the following items: Details of the New York State budget ™ The City received a $53,000 reduction in its State Aid (AIM reductions) ™ CHIPs funds remain the same ™ Property tax cap has not been approved; however, the debate is ongoing along with discussion about unfunded mandates ™ Sales Tax Revenue – last 3 payments have been flat; with a 3.8% increase over 2010 believed to be related to the increase in fuel prices ™ Parking Revenues – revenue in the garages is up but not to the extent that was hoped for (City missed the opportunity to charge for special event parking for the Chili Cook-Off due to its being rescheduled). New pay and display stations are being used on a trial basis. Revenue collection on the stations has been slow due to equipment issues ™ Building Permits – revenue collections is slow as expected ™ Snow Removal Costs – much higher than in 2010 and there is still November/December 2011 to get through. There have been related salary/overtime expenses as well. The salt budget remains stable. ™ Overtime Costs are up related to the vacant positions at IPD – the City is working to fill those positions ™ Fuel costs are increasing; the State contract is 25% higher in price than it was in 2010. Delivery charges have also increased the City’s expenses ™ NYS Comptroller’s Office will begin an audit on various financial aspects next week Alderperson Mohlenhoff reported that a small group met to create a template for how department budgets should be presented for the 2012 discussions. The group would like to see 4 to 5 page packets from departments with as much supplemental detail as they want to present to Council. This process should also enhance the public access to budget information as well. 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Collegetown Area Form Districts – Declaration of Lead Agency- Resolution By Alderperson Dotson: Seconded by Alderperson McCollister WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action, and WHEREAS, the proposed zoning amendment is a “Type I” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the City of Ithaca Municipal Zoning Code to establish the Collegetown Area Form Districts and to rezone portions of the R1b, R-2a, R-2b, R-3a, R-3b, B-2b, and U-1 districts to Traditional Residential (TR), Village Residential (VR), and Mixed Use (MU). Carried Unanimously (8-0) 10.2 Collegetown Overlay Zone Height Incentive Districts – Declaration of Lead Agency – Resolution By Alderperson Dotson: Seconded by Alderperson Myrick WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and April 6, 2011 12 WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action, and WHEREAS, the proposed zoning amendment is a “Type I” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the City of Ithaca Municipal Zoning Code to establish the Collegetown Overlay Zone Height Incentive District (COZ-HI) and to zone portions of the proposed Mixed Use District to be included in the COZ-HI District. Carried Unanimously (8-0) 10.3 Collegetown Parking Overlay Zone – Declaration of Lead Agency – Resolution By Alderperson Dotson: Seconded by Alderperson Myrick WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the City of Ithaca Municipal Zoning Code to amend the Collegetown Parking Overlay Zone (CPOZ). Carried Unanimously (8-0) 10.4 Collegetown Design Review – Declaration of Lead Agency – Resolution By Alderperson Dotson: Seconded by Alderperson McCollister WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action, and WHEREAS, the proposed adoption of the “City of Ithaca Design Review Ordinance” is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the City of Ithaca Municipal Code to add Chapter 160, entitled “Design Review.” Carried Unanimously (8-0) 10.5 2011 Action Plan – HUD Entitlement Program - Resolution By Alderperson Dotson: Seconded by Alderperson Clairborne WHEREAS, the City of Ithaca is eligible to receive an annual formula allocation of funds to meet community development needs through the Housing and Urban Development (HUD) Entitlement program from the Community Development Block Grant program (CDBG) and the Home Investment Partnerships program (HOME) funding sources, and April 6, 2011 13 WHEREAS, the City submits an Action Plan each year to HUD to access the Entitlement Program funding allocated to the City, and WHEREAS, the 2011 Action Plan identifies a specific list of budgeted community development activities to be funded from the 2011 HUD Entitlement allocation, and WHEREAS, the adopted 2011 Action Plan was developed using the allocation level of the 2010 Entitlement Program, due to the fact that the 2011 figures are not yet available, and the award of 2010 was: $890,297 CDBG $574,472 HOME $1,464,769 Total, and WHEREAS, $134,000 in program income is projected to be received from loan repayments in program year 2011, which funding is also allocated as part of the 2011 Action Plan, and WHEREAS, additional funds are available to be allocated through the 2011 Action Plan as follows: $145,300 from 2010 CDBG $86,334.60 from 2009 Community Housing Development Organization set aside funds (CHDO) $38,425.00 from 2009 non-CHDO HOME funds, and WHEREAS, the IURA utilized an open and competitive project selection process for development of the 2011 Action Plan in accordance with the Citizen Participation Plan, now, therefore be it RESOLVED, That the Common Council hereby adopts the table entitled “IURA Adopted Action Plan”, dated March 1, 2011, allocating the projected 2011 HUD Entitlement award along with the additional funds available, as listed above, and be it further, RESOLVED, That in the event that the actual amount of the HOME award differs from the projected amount, the amount of funding allocated for the Rental Security Deposit Program shall be adjusted accordingly, and be it further, RESOLVED, That in the event that the actual CDBG award differs from the projected amount, then funding shall be adjusted on a pro-rata basis among the Work Preserve Job Training Program, the Immigrant Services Program, and the 2-1-1 Call Center to comply with the public services cap, with the remainder being allocated to, or from, GIAC (2011 #9), and be it further, RESOLVED, That should the IURA determine that any of the proposed projects in the Action Plan encounter feasibility issues that would hinder their timely completion or adversely affect their eligibility prior to the HUD submission deadline, the Common Council authorizes the IURA, upon approval by the Mayor and the Chair of the Planning & Economic Development Committee, to make adjustments in the application to resolve feasibility and eligibility concerns, and be it further RESOLVED, That the Common Council for the City of Ithaca hereby renews its designation of the Ithaca Urban Renewal Agency (IURA) as the lead agency to develop and administer the HUD Entitlement program on behalf of the City of Ithaca, and be it further April 6, 2011 14 RESOLVED, That the Urban Renewal Plan shall be amended to include activities funded in the adopted 2011 Action Plan. Community Development Director Bohn reviewed how the funding would be allocated. Alderperson Rooker noted that he was pleased to see the job training programs included in the plan in lieu of rescinding the apprenticeship program. Mayor Peterson noted that both she and Alderperson Clairborne, as the Common Council liaison to the IURA, worked hard to make sure the training programs were retained in the allocation of funding. She further noted that President Obama’s budget includes proposed cuts to Community Development Grant Programs and HOME funding. A vote on the Resolution resulted as follows: Carried (7-0) (Alderperson Rooker absent from vote) 10.6 Endorsement of the Downtown Ithaca 2020 Strategic Plan - Resolution By Alderperson Dotson: Seconded by Alderperson Myrick WHEREAS, the Downtown Ithaca Alliance (DIA) had previously prepared and adopted a Ten Year Downtown Strategy: 2000-2010 that has helped to guide downtown revitalization over the past decade; and WHEREAS, the City of Ithaca Common Council voted to strongly endorse the Downtown Strategy: 2000-2010; and WHEREAS, significant change has occurred in downtown since the preparation of the 2000-2010 Plan, including investment in excess of $100,000,000; and WHEREAS, significant change has occurred in the broader community since the preparation of the 2000-2010 Plan, including the growth of big box retail along Route 13 in both Ithaca and Lansing; and WHEREAS, there is a need to prepare a new strategic plan to guide downtown revitalization for the 2010–2020 decade; and WHEREAS, the DIA has spent the past several years obtaining community input on downtown issues, opportunities, and vision, meeting with stakeholder groups, neighborhood organizations, and the general public; and WHEREAS, the DIA has sought out and compiled community input and feedback and prepared a draft 2020 Strategic Plan that was then made available for public comment and critique; and WHEREAS, the Board of Directors of the DIA has reviewed the draft 2020 Strategic Plan, made editorial revisions and additions, and officially adopted the Downtown Ithaca 2020 Strategic Plan at its January 17, 2011 meeting; and WHEREAS, the City of Ithaca Common Council recognizes the need for a long term strategic plan to help guide both public policy decisions and public and private investment decisions pertaining to downtown; and WHEREAS, the Downtown Ithaca 2020 Strategic Plan provides a comprehensive vision for the future of downtown and lays out goals, objectives and action tasks needed to achieve this vision; now therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby strongly endorse the Downtown Ithaca 2020 Strategic Plan prepared by the Downtown Ithaca Alliance, dated December 2010. April 6, 2011 15 Alderperson McCollister suggested the removal of the word “strongly” in the last Resolved clause regarding the endorsement of the Plan. Amending Resolution: By Alderperson McCollister: Seconded by Alderperson Zumoff RESOLVED, That the last Resolved clause be amended to read as follows: “RESOLVED, That the City of Ithaca Common Council does hereby endorse the Downtown Ithaca 2020 Strategic Plan prepared by the Downtown Ithaca Alliance, dated December 2010.” Alderperson McCollister stated that the more neutral language that supports the long ranging goals sounds good but may not be reached. Alderperson Coles suggested that the Plan be “accepted” as the Mayor and half of the Common Council members will be leaving office at the end of the year, and she is concerned that an “endorsement” of the plan would restrict future Councils. She further voiced her concern regarding the inherent conflict between the Plan, which advocates for increased housing on The Commons and the concerns raised about noise levels from the downtown bar district. Upon further consideration, Alderperson McCollister requested that her motion be withdrawn. Motion to Withdraw By Alderperson McCollister: Seconded by Alderperson Zumoff RESOLVED, That the Amending Resolution be withdrawn. Carried Unanimously (8-0) Amending Resolution: By Alderperson Coles: Seconded by Alderperson McCollister RESOLVED, That last Resolved clause be amended to read as follows: “RESOLVED, That the City of Ithaca Common Council does hereby accept the Downtown Ithaca 2020 Strategic Plan prepared by the Downtown Ithaca Alliance, dated December 2010.” Mayor Peterson noted that the Plan advocates for increased housing in all of downtown, not just The Commons. She further noted that the apartments being built on The Commons have had to create waiting lists due to their high demand. Mayor Peterson stated that the noise complaints should be handled as enforcement issues either by the Ithaca Police Department or through the Building Department. Alderperson Rooker noted that there are apartments located above bars across the country and there is a population that chooses to live there for the location conveniences and the active nightlife atmosphere. Alderperson Dotson read the definitions of the range of options when considering plans (reject, adopt, accept, and endorse). A vote on the Amending Resolution resulted as follows: Ayes (1) Coles Nays (7) Dotson, Clairborne, Zumoff, McCollister, Rooker, Myrick, Mohlenhoff Abstentions (0) Failed (1-7) Main Motion: A vote on the Main Motion resulted as follows: Carried Unanimously (8-0) 10.7 Support for the Downtown Ithaca Alliance's Funding Application to the 2011 New York Main Street Program - Resolution By Alderperson Dotson: Seconded by Alderperson Zumoff WHEREAS, downtown Ithaca is an important and significant part of the Ithaca community; and April 6, 2011 16 WHEREAS, downtown Ithaca, like downtowns across the state and country, faces obstacles and challenges to revitalize, grow, and develop from suburban sprawl, funding constraints, and shifting markets; and WHEREAS, housing and commercial/retail development are integral and prominent ingredients in any successful downtown; and WHEREAS, Ithaca has been working to add both new housing units and additional retail to its downtown core; and WHEREAS, the creation of affordable housing remains a challenge in Ithaca marketplace and particularly in downtown Ithaca, and requires public subsidies such as those provided by the Main Street program; and WHEREAS, there is a chronic need for affordable housing at all levels in Ithaca, including the 90% of median level required by the Main Street Program, as evidenced by a recent HUD report on housing needs in Tompkins County and earlier market studies prepared for the City of Ithaca and the Downtown Ithaca Alliance by the Danter Company; and WHEREAS, downtown Ithaca has a wonderful and diverse collection of historic properties, some that remain at risk of deterioration due of lack of investment; and WHEREAS, downtown revitalization in Ithaca is spearheaded by the Downtown Ithaca Alliance, a 501(c)3 tax exempt not-for-profit organization and Business Improvement District; and WHEREAS, the Downtown Ithaca Alliance has successfully won and managed two former Main Street grants, that included anchor grants, façade improvements, and streetscape improvements; and WHEREAS, the receipt of a New York Main Street Grant would provide demonstrable improvements to the downtown, creating badly needed affordable housing units, renovating key historic properties, enhance the commercial business inventory of downtown and improving the visual appearance of downtown; now, therefore be it RESOLVED, That the City of Ithaca Common Council does hereby endorse and support the 2011 funding application of the Downtown Ithaca Alliance to the New York Main Street Program. Amending Resolution: By Alderperson Dotson: Seconded by Alderperson Coles RESOLVED, That the second Whereas clause be amended to read as follows: “WHEREAS, downtown Ithaca, like downtowns across the state and country, faces obstacles and challenges to its revitalization, growth, and development from suburban sprawl, funding constraints, and shifting markets; and” Carried Unanimously (8-0) Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously (8-0) REPORT OF SPECIAL COMMITTEES: Alderperson Mohlenhoff reported to Council on the work that the Objectives and Performance Measures Working Group has been doing. The committee is close to having a draft survey completed, and next month the committee will be asking for input on questions from additional stakeholders. Alderperson Myrick reported that a sub-committee has been established to work on issues that have arisen since the implementation of the Outdoor Smoking Regulations. April 6, 2011 17 12. NEW BUSINESS: 12.1 Simeon’s Alcohol Permit Request - Resolution By Alderperson Myrick: Seconded by Alderperson Mohlenhoff WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, 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 Ithaca 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 Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's 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 2011, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant that includes the sale of alcohol in accordance with the terms and conditions set forth in the application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously (8-0) 12.2 Sushi O Sake Japanese Restaurant Alcohol Permit Request - Resolution By Alderperson Myrick: Seconded by Alderperson Mohlenhoff WHEREAS, the Sushi O Sake Japanese Restaurant has requested permission to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has 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 the Sushi O Sake Japanese 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 2011, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Sushi O Sake Japanese 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 (8-0) 12.3 Sahara Restaurant Alcohol Permit Request - Resolution By Alderperson Myrick: Seconded by Alderperson Mohlenhoff WHEREAS, the Sahara Restaurant has requested permission to utilize certain areas along Aurora Street for outdoor dining, and April 6, 2011 18 WHEREAS, this use of public property has 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 the Sahara 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 2011, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Sahara 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 (8-0) 12.4 Blue Stone Bar & Grill Alcohol Permit Request - Resolution By Alderperson Myrick: Seconded by Alderperson Mohlenhoff WHEREAS, the City Clerk’s Office has received a request to allow the Blue Stone Bar & Grill to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has 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 the Blue Stone Bar & Grill, 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 2011, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Blue Stone Bar & Grill 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 (8-0) 12.5 Mahogany Grill Alcohol Permit Request - Resolution By Alderperson Myrick: Seconded by Alderperson Mohlenhoff WHEREAS, the City Clerk has received a request to allow the Mahogany Grill restaurant to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has 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 April 6, 2011 19 WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Mahogany Grill 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 2011, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Grill 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 (8-0) 12.6 Mercato Bar and Kitchen Restaurant Alcohol Permit Request - Resolution By Alderperson Myrick: Seconded by Alderperson Mohlenhoff WHEREAS, the City Clerk’s Office has received a request to allow Mercato Bar and Kitchen Restaurant to utilize certain areas along North Aurora Street for outdoor dining, and WHEREAS, this use of public property has 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 Mercato Bar and Kitchen 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 2011, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Mercato Bar and Kitchen 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 (8-0) 12.7 Taste of Thai Alcohol Permit Request - Resolution By Alderperson Myrick: Seconded by Alderperson Mohlenhoff WHEREAS, the City Clerk has received a request to allow the Taste of Thai Restaurant to utilize certain areas along the Primary Commons for outdoor dining, and WHEREAS, this use of public property has 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 the Taste of Thai 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 April 6, 2011 20 RESOLVED, For the year 2011, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Taste of Thai 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 (8-0) 12.8 Request of Downtown Ithaca Alliance to Permit Wine Tasting and Sale of Bottled Wine During the Cornell University Big Red Marching Band and Cornell University Dairy Store Wine and Cheese Tasting Event taking place on the Ithaca Commons on April 23, 2011 – Resolution By Alderperson Rooker: Seconded by Alderperson Clairborne WHEREAS, the Downtown Ithaca Alliance (DIA) has requested permission for wine tasting and sales as part of the Cornell University Big Red Marching Band and Cornell University Dairy Store Wine and Cheese Tasting Event taking place on the Ithaca Commons on April 23, 2011; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine tasting and sale of bottled wine during the above event on the Ithaca Commons on April 23, 2011 and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that the DIA will hold the City harmless and indemnify the City on account of any claims made as the result of such sale or tasting of wine on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance and/or the participating wineries per the advice of the City Attorney shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. Carried Unanimously (8-0) 12.9 Ithaca Ale House Alcohol Permit Request - Resolution By Alderperson Myrick: Seconded by Alderperson Mohlenhoff WHEREAS, the Ithaca Ale House has requested permission to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has 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 the Ithaca Ale House, 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 2011, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Ithaca Ale House 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 (8-0) April 6, 2011 21 12.10 Common Council’s Appointment to the Local Advisory Board of Assessment Review – Resolution By Alderperson Myrick: Seconded by Alderperson Rooker RESOLVED, That Scott Reynolds and David Kramer be appointed to the Local Advisory Board of Assessment Review, with Dr. Stephen Brackin appointed as an alternate to the Board, if needed. Carried Unanimously (8-0) MAYOR’S APPOINTMENTS: Mayor Peterson reported that Tompkins County is establishing an independent Redistricting Committee. She requested that Council members provide her with names of residents who would like to serve on the City’s Redistricting Committee. REPORTS OF COMMON COUNCIL LIAISONS: 15.1 Board of Fire Commissioners: Mayor Peterson reported that the Board of Fire Commissioners supports the removal of the traffic diverters in the south of the creek area as requested by Ithaca Fire Department and Ithaca Housing Authority. She further reported that representatives from the Board of Fire Commissioners have been meeting with the Charter and Code Review Working Group to re-write what role and charges the Board should have. Ithaca Urban Renewal Agency Alderperson Clairborne reported on the following activities from the Ithaca Urban Renewal Agency during the month of March and early April, as provided by Community Development Director Nels Bohn: At its March meeting, the IURA took several actions to comply with Public Authorities Accountability Law governing all public benefit corporations in New York State. The law requires extensive documentation of adopted policies, annual reporting and web publication of such information. This law now requires all public authorities to have mission statements. The IURA adopted the following mission statement: "The Ithaca Urban Renewal Agency secures and manages resources to improve the social, physical and economic characteristics of the City of Ithaca by expanding access to quality affordable housing, strengthening neighborhoods and the local economy, and supporting other community development activities." The IURA has posted all required information on the City web site and filled out the extensive on-screen reporting, but is unable to submit the on-screen reporting until the City becomes current with its financial audit. My understanding is that the 2009 financial audit for the City is scheduled for approval by Common Council in May and the 2010 financial audit is scheduled for approval in September. In other action, the IURA approved a revision to the number of jobs committed to be created at the new Mia Restaurant (to be located in the former Plantation Building on The Commons) as a condition of the loan for the project. This new business is now projected to create 16 full-time equivalent jobs of which 13 jobs will receive at least a living wage of $12.11/hour. At a special meeting in April, the IURA developed a recommendation to the BZA opposing the area variance appeal requested for the Seneca Way Apartment project located at 140 Seneca Way, citing concern about a significant height variance abutting an existing, low-density residential neighborhood. Chairperson Peterson was absent from this special meeting. Human Services Coalition Alderperson Mohlenhoff announced that the Human Services Coalition received a “Healthy Places” grant and would be doing a presentation to Common Council at either the June or August meeting. REPORT OF CITY ATTORNEY: City Attorney Hoffman reported that the City did not receive cooperation from the neighboring property owner regarding the construction of a new water line to the CU Boathouse; so the City commenced eminent domain proceedings. Shortly after that, April 6, 2011 22 the City was able to reach an agreement with the property owner regarding the City’s right to establish an easement to construct the water line. He noted that the City may still need to go to Court to determine appropriate compensation. Motion to Enter Into Executive Session: By Alderperson Myrick: Seconded by Alderperson Dotson RESOLVED, That Common Council enter into executive session to discuss current litigation between the Ithaca City School District and the City of Ithaca and proposed litigation. Carried Unanimously (8-0) Common Council reconvened into regular session with no formal action taken. Mayor Peterson announced that the City of Ithaca would not be taking any further steps in pursuing the lawsuit between the Ithaca City School District regarding the Markles Flat building. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the January 31, 2011 Special Common Council Meeting Minutes - Resolution By Alderperson Myrick: Seconded by Alderperson McCollister RESOLVED, That the minutes of the January 31, 2011 Special Common Council Meeting be approved with noted corrections. Carried Unanimously (8-0) 18.2 Approval of the March 2, 2011 Common Council Meeting Minutes - Resolution By Alderperson Myrick: Seconded by Alderperson McCollister RESOLVED, That the minutes of the March 2, 2011 Common Council Meeting be approved with noted corrections. Carried Unanimously (8-0) ADJOURNMENT: On a motion the meeting adjourned at 9:15 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor