Loading...
HomeMy WebLinkAboutMN-C&OI-2008-11-18Community and Organizational Issues Committee Meeting Regular Meeting November 18, 2008 7:30 p.m. PRESENT: Chair J. R. Clairborne Vice Chair Daniel Cogan Alderpersons (8) Robin Korherr, Svante Myrick, Joel Zumoff, Mary Tomlan, Jennifer Dotson, Maria Coles, Eric Rosario, Nancy Schuler OTHERS PRESENT: City Clerk — Julie Conley Holcomb Acting Police Chief — Edward Vallely Police Officer — Ryan Mayo GIAC — Marcia Fort Acting Assistant City Attorney — Donna Este -Green Superintendent of Public Works — William Gray MODIFICATIONS TO THE AGENDA: Chair Clairborne noted that he would be moving Item 7C — Permit Application regarding Moving Every Student Safely Express, Ltd (M.E.S.S. Express) as the first item to be considered. PUBLIC COMMENT: Adrien Dumoulin -Smith provided an update on the Ithaca Sweat -Free Campaign. He stressed the importance of workers rights during times of economic decline. He stated that he hopes to see the promotion of the principles included in the sweat -free procurement policy adopted by the City of Ithaca as quickly as possible. He noted that he has met with Deputy City Controller Scott Andrew and is in the process of setting up meetings with the City's union representatives. Josh Lower addressed the Committee regarding the Collegetown Urban Plan. He stated that he believes the plan is a good mix of resolutions that will address both commercial development and residential concerns. He voiced his support for a sustainable transportation system and the proper management of the parking supply. Fay Gougakis voiced concern that the City would be conducting a public hearing on the water plant issue at the same time the Board of Public Works will be considering the proposal for the dual designation of State Street and Martin Luther King, Jr. Street. She further commented that Council should be investigating the possibility of a hydro - electric plant as well as the Water Plant. She stated that another educational forum is needed before Common Council votes on the water supply decision. November 18, 2008 Ms. Gougakis further commented on the Collegetown Urban Plan stating that college students should be asked not to bring their vehicles to campus. She further stated that in regards to the proposed bicycle legislation, the City should allow cyclists to ride on the sidewalks under certain conditions. She stressed the need for additional signage to educate drivers of the prohibition of cell phone use while driving. Guy Gerard addressed the Committee regarding water quality issues and referred to a memo written by the Chief Operator of the Water Plant to O'Brien & Gere Engineers regarding work that would need to be conducted in the watershed area if the rebuild option were selected. Susan Schwartz voiced her opinion that meetings about the water supply decision are not well advertised and the general public is not aware of them. She stated that the informational meeting last week was a recycled presentation that did not provide answers to her questions. She noted that the Water Treatment Plant is located in a residential area and the expanding plant operations are having a negative impact on the neighborhood. ANNOUNCEMENTS FROM THE CHAIR: Chair Clairborne noted that the Committee meets on the 3rd Tuesday of each month and the first hour of each meeting is dedicated to discussions on the water supply decision. Chair Clairborne reflected on the recent passing of Cecelia Montaner — Vargas. Ms. Montaner- Vargas contributed greatly to the Ithaca community and was an advocate for immigrant rights. A celebration of her life will be held on Saturday, November 22, 2008, from 3:00 — 5:00 pm at the Hilton Garden. 7C. Permit Application regarding Moving Every Student Safely Express, Ltd. (M.E.S.S. Express) — Action Item: Assistant City Attorney Khandikile Sokoni and Matthew Kochman, President M.E.S.S. Express joined the Committee for discussion. Assistant City Attorney Sokoni reviewed a memo she distributed to the Committee regarding the application for a temporary permit to operate a charter bus service in the City. She highlighted the provisions of Section 346 -31 of the City Code that requires Common Council approval for these types of requests. Mr. Kochman briefly reviewed a handout he distributed to the Committee regarding communities that support similar bus services for the student population. Discussion followed on the floor regarding Mr. Kochman's proposal. Alderperson Rosario requested exact details of the bus route including all stops. Alderperson Coles stated that she believes that everyone is trying to do the right thing; however, she does not believe that this request should be considered tonight as there is not enough information available. 61 November 18, 2008 Alderperson Korherr stated that on the surface, the proposal appears to address public safety issues but she still has concerns about driver safety, licensing requirements, and the need to bring public transportation standards to an equal level (ie. taxi and livery services). Alderperson Dotson noted that she supports tabling the issue as she believes that staff is better prepared to address the permit application issues than Council members. Resolution: By Alderperson Dotson: Seconded by Alderperson Cogan RESOLVED, That the City Transportation Engineer in consultation with the Police Chief, City Attorney, and other appropriate staff members be designated to review these types of bus operation permit applications. Assistant City Attorney Sokoni reminded the Committee that the City Code requires Common Council approval of permits for bus operations. Alderperson Cogan stated that he agrees with Alderperson Dotson and feels that Common Council does not have the expertise to identify and address all of the appropriate issues. Alderperson Coles stated that she supports the delegation to staff; however she is not sure which staff members should be involved in the decision making process. She stated that research should be conducted on who should be involved, and Common Council needs to follow up on Alderperson Korherr's concerns. Alderperson Tomlan noted her concurrence and preference to postpone action. Alderperson Myrick noted that there are multiple bus companies currently operating in the City unregulated, and a procedure should be put into place soon. Further discussion occurred regarding the fairness issue. Alderperson Cogan noted that Mr. Kochman has done everything asked of him to date including research, meeting with staff, and attending multiple meetings. There are other people operating these types of services without any type of Council oversight or permission. Amending Resolution: By Alderperson Clairborne: 2nd by Alderperson Myrick RESOLVED, That a second Resolved Clause be added to the Resolution to read as follows: "RESOLVED, That the Community and Organizational Committee grant a temporary permit with strict guidelines and final itinerary being approved by the City Attorney, Police Chief and Transportation Engineer until December 17, 2008, with a report due at that time. 41 November 18, 2008 Discussion followed on the floor regarding whether the permit approval should continue on to Common Council or stay at the staff level. Mr. Kochman noted that we would not be able to begin operations until January 17, 2009 as he has suspended his insurance due to the amount of time that deliberations have taken. He is hoping that a temporary permit will be granted for the next semester. Alderpersons Clairborne and Myrick withdrew the Amending Resolution and suggested that the matter be referred to the existing Taxi Sub - committee. Motion to Call the Question: By Alderperson Korherr: Seconded by Alderperson Myrick RESOLVED, That the question be called. Carried Unanimously A vote on the Resolution resulted as follows: Ayes (3) Dotson, Cogan, Myrick Nays (7) Coles, Clairborne, Rosario, Zumoff, Tomlan, Schuler Korherr Failed Resolution: By Alderperson Korherr: Seconded by Alderperson Schuler RESOLVED, That the Police Chief, City Attorney, and Transportation Engineer develop a program to address bus service permits and said program will be brought back for Community and Organizational Issues Committee consideration. Alderperson Schuler encouraged staff to work with Mr. Kochman before December 17th so that he can develop his permit application and business plans. She further volunteered to be a committee liaison to the staff group. Alderperson Rosario expressed his appreciation for all of the work that Mr. Kochman has put into this issue. A vote on the Resolution resulted as follows: Ayes (9) Dotson, Clairborne, Rosario, Zumoff, Tomlan, Schuler, Myrick, Korherr, Cogan Nays (1) Coles Carried SPECIAL PRESENTATIONS: A. Water Supply Proposal: DEIS Discussion — Part II Superintendent of Public Works William Gray and O'Brien & Gere Engineering Consultants Steve Eckler and Rick Gell joined the Committee for discussion. They noted that the Board of Works would be conducting a continuation of the Public Hearing on the Water Supply Proposal Draft Environmental Impact Statement (DEIS) on CI November 18, 2008 November 19, 2008 at 5:30 p.m. Written comments on the DEIS will be accepted through December 5, 2008. The agendas for meetings concerning the water supply decision have all been posted on the City's website, posted in the lobby of City Hall, and have been faxed to the media. It was decided that as an Involved Agency, Common Council as a body would submit their written comments via the minutes of this meeting. If individual Council members have additional comments, they will submit them in writing to the Planning Department (Attn: JoAnn Cornish) by the deadline. All substantive comments collected will be divided up by topic and a response written. The comments and responses will be compiled in a Responsiveness Summary. The summary and DEIS will become the Final Environmental Impact Statement (FEIS). The Board of Public Works will need to review and vote to accept the FEIS. After acceptance of the FEIS, the next step would be for the Board of Public Works and other Involved Agencies to prepare and issue SEQRA /CEQRO Findings. Alderperson Zumoff questioned why the Rebuild Option included an increase in plant personnel from 7 to 10 employees. Superintendent Gray responded that one additional employee for each shift would be needed as the new treatment processes that have been proposed are more complex and more equipment maintenance will be needed. Alderperson Coles noted that dam safety was identified as an issue in both options and questioned whether the measures to ensure dam safety, dredging, and the installation of rock anchors were mutually exclusive. Mr. Gell explained that the projects were mutually exclusive. The rock anchoring project is less expensive than dredging, and includes the installation of cable that would "tie" the dam to the rock. The costs for dam stabilization are not included in either option as it would be considered a separate project. Periodic dredging would still be required to clear the low -level outlet. Alderperson Schuler questioned whether the proximity of the Ithaca Police Department firing range to Six Mile Creek was considered an impact due to potential soil and ground water contamination from metals. Mr. Eckler responded that this issue was not addressed in the DEIS. Alderperson Cogan questioned whether a dam stability analysis needed to be performed as it was possible that it may not require additional stabilization. He also asked whether the outlet could be flushed as opposed to dredged. Mr. Gell noted that flushing is often practiced, but it may not work in this situation. In addition it would require that an annual maintenance program be established. Superintendent Gray stated that he did not believe flushing would be effective in this case as there was too much material. Alderperson Rosario questioned whether other alternatives were being considered for the dam safety project such as the placement of concrete blocks. Mr. Gell stated that one or more alternatives may need to be considered. If the purchase option is selected, '61 November 18, 2008 the "safe yield" related dredging issue would no longer be a concern; however, dam stability would be. Alderperson Rosario further asked whether it would be necessary to replace the raw water pipe from the 60' dam to the Water Plant even though the DEIS indicates that it is not. Mr. Gell responded that a study was conducted on the stability of the pipe including a walk- through visual inspection. It was determined that the thickness of the pipe is the same as it was when it was originally installed and there is no indication of corrosion. Access to the pipe could be an issue if the pipe were to fail; however, routine maintenance can be achieved. Superintendent Gray noted that one area by the dam where the pipe is laid up against the rock may require future repair. Alderperson Rosario stated that he would like to know what the impacts of fixing that pipe would be including costs and environmental impacts. Alderperson Coles inquired about the legal protections offered to watersheds. Mr. Gell responded that as long as Six Mile Creek is used as a water source there are protections afforded to the land in the City and Town of Ithaca. If it is no longer being used as a water source, the watershed protections could only be extended to land owned by the City and located within the City. Alderperson Coles indicated that the Legal Analysis summary should include the identification of issues that need further discussion. Existing watershed rules and regulations may have fewer protections than people perceive. Superintendent Gray stated that Six Mile Creek is still part of the Bolton Point water supply so the same protections may still apply, but the purchase option would change the City's approach to the management of the watershed. Mr. Eckler noted that a lot of environmental protection laws exist to protect the natural water source and surrounding area. Coordination with the Town of Ithaca may be required to achieve the level of protection that is desired. Alderperson Rosario noted that the City only owns 6% of the total watershed area and the current regulations are not as expansive as people think. The Town of Ithaca could develop the area if they chose to; only a partnership agreement is preventing it. Superintendent Gray commented that storm water regulations have strengthened environmental (water quality) concerns. Alderperson Schuler stated that development in the area had already occurred but due to erosion concerns, a "stop work" order was issued. Alderperson Cogan stated that the Town of Ithaca has indicated that they will be replacing their 12" water main along the same alignment to the base of the hill on Route 34. He noted that visual impacts will occur regardless of the City's water supply decision. This is a $2 million project. He questioned whether this project was shown as an impact in the DEIS and noted that there could be a possibility of a cost sharing agreement and /or reduced construction costs. Mr. Gell stated that the Town would be replacing their 12" water main with a 30" pipe if the City joins Bolton Point. This will November 18, 2008 increase their carrying capacity by 7x and will have 3 -4x the impact. New York State Department of Transportation has required off -road construction easements. If a smaller water main gets installed first, the visual impact will already occur on a smaller scale and if the City chooses the purchase option, the work will have to be done twice. As the discussion concluded, Council members were encouraged to put further questions in writing and submit them to Acting Planning & Development Director JoAnn Cornish. 7. UPDATES: A. GIAC Basketball Court Relocation Proposal: GIAC Director Marcia Fort reported that on October 24, 2008, the GIAC Board announced the withdrawal of a proposal to temporarily relocate the GIAC basketball Court to Conway Park due to the negativity expressed from area residents. She further explained that the long decision making process made it clear that the construction schedules could not have been met. Another option under consideration for the 2009 -2010 seasons is court improvements to the Wood Street basketball court. The improvements would include fencing, increased asphalt, sidewalk relocation, and new backboards. Transportation would be provided for the pre -teen and teen programs. Staff is still looking for an indoor venue to rent in cases of inclement weather. GIAC Director Fort thanked the committee that has been working on these issues for their efforts in trying to minimize the disruption to programming. Alderperson Rosario stated that the committee is mapping out the process that will need to be followed for any viable options including environmental and site plan review, public input, etc. Costs for the relocation of the basketball court will be paid for by NYSEG. GIAC Director Fort expressed her thanks to the GIAC staff for the service they provide and for keeping a positive attitude during some unpleasant times. B. GIAC Staff and Program Restructure: GIAC Director Fort reported on her request for a Program Coordinator position. The department recently conducted a program review and determined that two programs could be merged into one Youth Services Division. The two Program Coordinators will fall under Program Administrator Travis Brook's supervision. The department believes this change will result in increased effectiveness and efficiency as they are already seeing the benefits of the restructuring. GIAC Director Fort explained that she would be going to the Vacancy Review Committee to seek approval to fill the position even though the creation of the position was approved by Council earlier in the year. Alderperson Myrick stated that he asked the City Attorney to review the requirement that this position and the Youth Bureau, Youth Council position be sent to vacancy review as the positions are already filled. Alderperson Clairborne noted that the Building Department and Department of Public 7 November 18, 2008 Works also had similar positions approved and inquired as to whether they had to go through the vacancy review process as well. Alderperson Myrick asked what would happen to the employee(s) in the position if it was not approved by the Vacancy Review Committee. GIAC Director Fort responded that the employee(s) would revert back to their former position title. 8. NEW BUSINESS: A. An Ordinance to Amend Chapter 317 of the City of Ithaca Municipal Code Entitled "Vehicles, Removal of" — Action Item: By Alderperson Korherr: Seconded by Alderperson Coles ORDINANCE 08- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 317 -6 of Chapter 317 Entitled "Vehicles, Removal of" is hereby amended to read as follows: § 317 -6. Authority of Police Department and Department of Public Works to impound and remove vehicles. A vehicle may be removed by the Department of Public Works or by order of the Police Department in the following instances: A. When any vehicle is found unattended on any highway or public parking lot within the City during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway or public parking lot upon which said vehicle is parked or abandoned. B. (1) When any vehicle is found unattended on any highway, public parking lot or private property within the city where said vehicle constitutes an obstruction to traffic, a safety hazard, has been left unattended and has not moved in 72 hours, or obstructs ingress to and egress from private property. (2). When any vehicle parked on a city street has not been moved within 24 hours of a heavv snow accumulation and is hamoerina snow removal efforts. In these cases the presence of accumulated snow on and around the vehicle shall be sufficient evidence of the duration a car has been parked at the location. C. In instances involving property appurtenant to and obviously part of a one -, two -, or three - family residence. �'3 November 18, 2008 D. Where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles and that such unauthorized vehicles are subject to being removed at the owner's or operator's expense. E. Where a duly authorized traffic ticket for illegal parking has been issued. F. Where written notice setting forth the following information was posted on the windshield of the vehicle: (1) That the vehicle is illegally parked, abandoned or in trespass, as the case may be. (2) That, if the vehicle is not first removed, it shall be towed after four hours to a local responsible wrecker service facility which will, of necessity, result in towing and storage charges accruing to the owner or person(s) in charge of the vehicle. (3) The time and date when the notice was posted. G. Posted signage indicating that parking is not permitted, and meeting the following requirements: The signage must be prominently placed and be maintained for 24 hours prior to the towing or removal of the vehicle from the premises. Section 2: Section 317 -13 is hereby amended to read as follows: § 317 -13. Procedures for private property towing. A. Vehicles may be towed away or removed without additional notice to the owner in the following instances: (1) From property appurtenant to and obviously a part of a one -, two -, or three family residence. (2) Where notice is given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles, and that such unauthorized vehicles are subject to being removed at the owner's or operator's expense. B. Additional notice required. Private property owners shall not authorize or participate in the towing, storage or disposition of vehicles illegally parked or abandoned unless the owner or person(s) in charge of the vehicle shall be notified by one of the following methods: (1) By posted signage on the premises meeting the following requirements: 01 November 18, 2008 (a) The notice must be prominently placed on the premises and be continuously maintained on the premises for 24 hours prior to the towing or removal of any vehicle from the premises; (b) The notice must clearly indicate, in letters not less than two inches high letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's or operator's expense. The notice must state clearly how long, if at all, or under what conditions a vehicle may park before being towed or removed from the premises; (c) The sign structure must comply with the provisions of Chapter 272, Signs; or (2) By issuance of a duly authorized traffic ticket for illegal parking. A vehicle tow report will be completed by the Police Department and name the property owner as the complainant. C. If the vehicle is not removed after proper notice is given as set forth above, the vehicle may be towed immediately thereafter in accordance with the procedure under § 317 -14 below. D. If the vehicle is to be towed by order of a private property owner after such notice as required in Subsections A and B above, the tow truck operator shall inform the Ithaca Police Department immediately after removal. The vehicle will be entered into a log to be maintained by the Police Department. E. When towing of a vehicle from private property is being effected pursuant to this section, the towing operator called must be one who maintains a bona fide terminal within Tompkins County, and the vehicle so towed may not be stored at a location outside the County. F. The Ithaca Police Department and the City of Ithaca shall not be held responsible for the costs associated with towing a vehicle from private property. Tows from Private property shall not be subject to a towing investigation as noted in §317 -9 above. Section 3: Section 317 -14 is hereby amended to read as follows: § 317 -14. Removal and storage charges; penalties for violation. A. Removal and storage charges for nonconsensual towing of vehicles in the City of Ithaca, whether on public or private property are hereby established as follows: (1) Removal charges shall not exceed $80. [K November 18, 2008 (2) Special problem or circumstance removal charges shall not exceed $105. "Special problem or circumstance" means the removal of any vehicle that involves additional steps such as snow removal, difficult access to a locked vehicle and extra cleanup. The use of a dolly is not considered a special problem or circumstance. A request shall be made by the tow truck operator to the police officer at the scene of the tow that the tow be treated as a special problem or circumstance removal. Reasons for the request shall be stated by the tow truck operator to the police officer at the scene and shall be recorded in the "Vehicles Towed" report. Approval or denial of the request is to be made at the discretion of the police officer at the scene of the tow and indicated on the "Police Towing" log. Denial of the request by the police officer shall cause the tow to be deemed an ordinary removal. (3) Extraordinary removal charges shall be based on the actual costs of the use of the extraordinary equipment, plus labor charges. "Extraordinary removal" means the removal of any vehicle requiring the necessary use of one or more additional tow trucks, a crane or other extraordinary equipment other than regular or special towing equipment. (4) A fee not to exceed $30 may be charged by the tow truck operator to the owner or operator of any vehicle requiring removal services as provided in this chapter whenever the owner or operator appears to remove the vehicle after the tow truck operator has hooked up the vehicle for towing or removal, but before the vehicle has been removed from the scene. (5) Storage fees not exceeding $25 per day or fraction thereof may be charged by the tow truck operator after the vehicle has been stored for more than 24 hours. (6) An after -hours service charge not to exceed $25 may be charged by the tow truck operator whenever the tow truck operator is called to release a vehicle from the storage yard during the hours 9:00 p.m. to 7:00 a.m. It shall be the duty of the tow truck operator to release vehicles upon the request of the vehicle opera- tor at all times of the day and days of the week including weekends and holidays. B. Violation of any provision of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. Section 4: Effective Date This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Discussion followed on the floor with City Clerk Holcomb, Acting Police Chief Vallely, and Acting Assistant City Attorney Este -Green joining the Committee. City Clerk Holcomb reviewed the proposed changes to the legislation and explained that due to vague language in the law, tow truck operators have been incorrectly charging customers in the City of Ithaca. She reviewed prior versions of the law and explained 11 November 18, 2008 the changes in the fee structure that have occurred during the past 10 years. She stated that her intent was to clarify the language so that both tow truck operators and vehicle owners understood the fee structure. Further discussion followed on the floor regarding a request from the Police Department that would authorize the police to tow a vehicle that had not moved within 24 hours of a heavy snow accumulation, and was hampering snow removal efforts. It was suggested that in these cases, the presence of accumulated snow on and around the vehicle be sufficient evidence of the duration that the vehicle had been parked in that location. Council members questioned how the 24 -hour time period would be calculated and how many inches of snow constituted a "heavy snow accumulation." Acting Assistant City Attorney Este -Green suggested amended language to a few of the sections, and agreed to work further on the language regarding the towing of vehicles after a significant snowfall. A vote to send the Ordinance with proposed amendments on to Common Council for consideration resulted as follows: Ayes (8) Coles, Clairborne, Rosario, Zumoff, Tomlan, Myrick, Korherr, Cogan Nays (0) Carried Alderpersons Schuler, Dotson absent from vote B. An Ordinance to Amend Chapter 137 of the City of Ithaca Municipal Code Entitled "Bicycles" — Action Item: By Alderperson Seconded by Alderperson ORDINANCE 2008 — BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. Chapter 137 of the City of Ithaca Municipal Code is hereby amended to read as follows: § 137 -1. Applicability The regulations in this chapter apply to all bicycles being ridden on any public street or upon any public path where the use of bicycles is allowed, subject to the exceptions stated herein. § 137 -2. Definitions BICYCLE — for the purpose of this chapter, a bicycle shall be defined as a two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, chain, or gears with such wheels in a tandem or tricycle, except that it 12 November 18, 2008 shall not include such a device having solid tires and intended for use only on a sidewalk by pre- teenage children. § 137 -3. Registration Required No person who resides in the City shall ride a bicycle on any public street or upon any public path where the use of bicycles is allowed unless such bicycle has been registered and a registration sticker is attached thereto. Bicycles can be registered at the Ithaca Police Department. § 137 -4. Registration Process A. Authority; Duration The Chief of Police or his /her designee is authorized to issue a bicycle registration sticker upon receiving a proper application. Such sticker will be firmly attached to the bicycle frame in such position as to be plainly visible. The sticker shall bear the registration number assigned to the bicycle and the name of the City of Ithaca. There is no fee associated with bicycle registration. B. Refusal The Chief of Police or his /her designee shall not issue a registration for any bicycle when they know or have reasonable ground to believe that the applicant is not the owner of, or entitled to the possession, of such bicycle. C. Records The Chief of Police shall keep a record of all registration stickers issued, the date they were issued, contact information for the registered owner, and bicycle description information including the bicycle frame number. It shall be the responsibility of the bicycle owner to notify the Ithaca Police Department Records Unit if there is a change in any of the information listed on the registration. D. Renewal of Registration The bicycle registration shall not have an expiration date and shall stay in effect until ownership of the bicycle is transferred. E. Transferability Registration stickers are not transferable. Upon the sale or other transfer of a registered bicycle, the registered owner shall remove the registration sticker. F. Removal No person shall remove a registration sticker from a bicycle except in the case of a transfer of ownership or in the event the bicycle is dismantled or is no longer operated upon any public street in the city. § 137 -5. Bicycle Rental Agency A bicycle rental agency shall not rent or offer any bicycle for rent unless the bicycle is registered and a sticker is properly attached thereto as provided herein and such bicycle is equipped as required by the NYS Vehicle and Traffic Law. 13 November 18, 2008 § 137 -6. Bicycle Dealers; Reports Required Any business or organization located in the City of Ithaca that sells or donates new or used bicycles shall register each bicycle sold or donated and shall keep a record of the contact information of the new owner, the make and model of such bicycle, the bicycle frame number, and the number of the registration sticker provided. Registration information shall be forwarded to the Ithaca Police Department on a monthly basis. § 137 -7. Riding on sidewalks prohibited; exceptions No person shall ride, drive or operate a bicycle along any public sidewalk or upon any public footpath intended for the exclusive use of pedestrians unless the sidewalk or path is marked for bicycle use by the Department of Public Works. This provision shall not apply to children 10 years of age or under nor to anyone who, because of a disability, requires the use of a bicycle as a means of transportation or mobility. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right -of -way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. § 137 -8. Bicycle Safety All persons operating bicycles on any street or public path in the City of Ithaca will comply with all applicable State and Federal laws pertaining to traffic and bicycle safety. § 137 -9. Penalties for Offenses Any violation of the provisions of this section constitutes a civil offense punishable in accordance with §1 -1 of the City of Ithaca Municipal Code. SECTION 2. EFFECTIVE DATE This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. City Clerk Holcomb, Police Chief Vallely, Officer Ryan Mayo, and Acting Assistant City Attorney Este -Green joined the Committee for discussion. City Clerk Holcomb explained that the City currently has a Bicycle Ordinance in effect; however, it is so outdated that Common Council decided not to include it in the City Code upon recodification in 1990. She explained that Officer Mayo resurrected the legislation and drafted proposed amendments in response to complaints from Commons merchants regarding abandoned bicycles and bikes being chained to trees and light poles. Police Chief Vallely noted that the number of bicycles collected and auctioned off each year has grown significantly. The registration of bicycles will help in returning stolen or lost bicycles to their rightful owners. The proposed legislation has been reviewed by the Bicycle Pedestrian Advisory Council, Transportation Engineer Logue, and Junior Transportation Engineer Kent Johnson. City Clerk Holcomb explained that the City Attorney's Office has suggested a number of revisions. She noted at this time they are simply introducing the legislation and will bring it back for Committee consideration once Acting Assistant City Attorney Este - Green's revisions have been reviewed more thoroughly. 0 November 18, 2008 9. CROSS - COMMITTEE COMMUNICATIONS: A. Planning & Economic Development: Collegetown Urban Plan and Design Guidelines — Presentation of the Final Draft to the Common Council: Alderperson Myrick distributed the draft of the Executive Summary of the Collegetown Urban Plan & Design Guidelines. He reviewed the various sections of the document including an assessment of existing conditions, the public process, a sustainable transportation system, the Urban Plan and opportunity scenarios, the Collegetown Design Guidelines, implementing the Plan, managing opportunities, and managing enforcement. Alderperson Schuler left the meeting at 11:00 p.m. Neighborhood and Historic Planner Leslie Chatterton explained that the draft document would be going back to the consultant for further revisions and they expect that hard - copies of the Plan will be available next week. The Plan is currently available on the City's website. Alderperson Coles left the meeting at 11:10 p.m. Planner Chatterton explained that Chapters 5 & 6 (The Urban Plan and Opportunity Scenarios, and Design Guidelines) would be reviewed in more detail at the Planning and Economic Development Committee meeting tomorrow night. Alderperson Tomlan also noted that a draft schedule would be available at the Planning Committee along with the first draft of the proposed Zoning Ordinance. 10. POTENTIAL ADVICE OF COUNSEL REGARDING AN AMENDMENT TO ARTICLE VI OF THE CITY OF ITHACA MUNICIPAL CODE ENTITLED "TAXICABS" By Alderperson Dotson: Seconded by Alderperson Korherr RESOLVED, That the Community and Organization Issues Committee enter into an Advice of Counsel session. Carried Unanimously (8 -0) Alderpersons Schuler and Coles absent from vote The Committee reconvened into Regular Session with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 11:35 p.m. Julie Conley Holcomb J. R. Clairborne City Clerk Chair 15