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
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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
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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
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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
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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
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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)
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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
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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
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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
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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
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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
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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