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HomeMy WebLinkAboutMN-CC-2002-08-07 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. August 7, 2002 PRESENT: Mayor Cohen Alderpersons (10) Pryor, Sams, Blumenthal, Mack, Manos, Whitmore, Vaughan, Peterson, Cogan, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb Assistant City Attorney - Dunn City Controller – Thayer Planning and Development Director – Van Cort Economic Development Director - McDonald Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Community Development Director - Bohn Assistant Superintendent of Water & Sewer - Fabbroni Acting Youth Bureau Director - Green Assistant Fire Chief - Wheaton Historic/Neighborhood Planner - Chatterton Director of Development - Lynch PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business: Alderperson Whitmore requested the addition of Item 13.2 - Resolution to Reaffirm Common Council’s Commitment to the City’s Bias Motivated Crime Law. No Council member objected COMMUNICATIONS/PROCLAMATIONS City Clerk Holcomb read a letter from Larry Roberts concerning the recent racial attack at Pete’s Grocery Store. SPECIAL ORDER OF BUSINESS: 5.1 Presentation of the Quarterly Employee Recognition Award Alderperson Peterson presented the City Employee Quarterly Recognition Award to the Information Technology Department staffed by Duane Twardokus, Alan Karasin, Scott Kronenbitter, and Susan Stickel for their exceptional efforts and quality customer service. Alderperson Peterson presented the Individual Quarterly Employee Recognition Award to David Quick, Department of Public Works, for his versatility, dependability, positive presence and attitude in the workplace. Mayor Cohen expressed his thanks to these individuals for their hard work and contributions to the City of Ithaca. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Frances Weisman, City of Ithaca - Exterior Property Maintenance Ordinance Joanna Luks, City of Ithaca – In support of the proposal for historic designation of University Hill. John Schroeder, City of Ithaca -In support of the proposal for historic designation of University Hill. Ana Brandis , City of Ithaca – Regarding the need for traffic control signals at Cayuga and Spencer Streets, and the dog leash law. August 7, 2002 2 Joel Harlan, Town of Dryden - Events taking place on The Commons. Fay Gougakis, City of Ithaca – Concerns regarding trash found at Cascadilla Falls, the Inlet Island Promenade project, and the use of boats in the Flood Control channel. Doria Higgins, Town of Ithaca - Proposed dog park. RESPONSE TO THE PUBLIC: Alderpersons Blumenthal and Pryor responded to comments made regarding the Exterior Property Maintenance Ordinance. Alderperson Pryor further responded to comments made regarding pedestrian safety on Spencer Street. Alderpersons Peterson and Mack thanked the neighbors for the efforts in the historic designation of the University Hill neighborhood. Alderperson Sams thanked Council members who have been supportive of her and the community of color during this stressful period. Mayor Cohen responded to comments made regarding the incident at Pete’s Grocery Store. He acknowledged and thanked Acting Mayor Paulette Manos, Alderperson Diann Sams and Representative Leslyn McBean for the leadership roles they took within the community. He noted that he met with the young woman involved in the incident who is a City employee, and stated that he was impressed with her graciousness, her dignity, and her ability to try to look beyond what has happened. He thanked those in City Hall and within the community that have reached out to her. Assistant City Attorney Dunn addressed comments made regarding Common Council members serving on the Planning Board. She stated that New York State has changed the law so that a Common Council member cannot serve on the Planning Board even in a liaison capacity. The reason for the change in the law was to prevent undue influence by a member of the governing body on Planning Board decisions. CONSENT AGENDA: 8.1 Fire Department - Request to Establish Capital Project for Nautical Emergency Response Center By Alderperson Hershey: Seconded by Alderperson Pryor WHEREAS, the Ithaca Fire Department has been awarded $25,000 in New York State legislative member initiative funding, through the office of Senator James Seward, to support design services related to a proposed Nautical Emergency Response Center, which would be located on Cayuga Lake, and WHEREAS, this proposed facility, under study for nearly two years, would enhance local marine safety by providing a joint base of response for local emergency response agencies, including the Ithaca Fire Department, and improving facilities for local water safety training, and WHEREAS, the Ithaca Fire Department is involved in an ongoing search for additional funding from various public and private sources, which would support construction and operation of this facility, once approved, and WHEREAS, we have been advised that establishment of a capital project is the appropriate financial mechanism to accept and disburse present and future funding related to this project; now, therefore, be it RESOLVED, That Common Council hereby authorizes establishment of Capital Project #461 Nautical Emergency Response Center in an amount not to exceed $25,000, and be it further August 7, 2002 3 RESOLVED, That funds necessary for said capital project shall be derived from New York State Aid. Carried Unanimously 8.2 Police Department - Request Approval of Mutual Aid for SWAT Teams Agreement with the Cayuga County By Alderperson Hershey: Seconded by Alderperson Pryor WHEREAS, local governments are authorized to request and provide police assistance to each other pursuant to Section 209-m of the New York General Municipal Law (GML), and WHEREAS, the temporary exchange of Law Enforcement Officers and equipment for the purpose of mutual assistance is further contemplated by GML, and WHEREAS, GML Section 119-0 authorizes municipal corporations to enter into agreements for the performance of their respective functions, powers and duties on a cooperative basis, and WHEREAS, GML Section 209-m, New York Criminal Procedure Law Sections 140.10-1 & 3, 120.60 et seq., and 690.25, and other applicable authority authorize Law Enforcement Officers to exercise certain police powers and authorities outside their geographic area of employment when a request for assistance is forthcoming from another law enforcement agency, and WHEREAS, the City of Ithaca and Cayuga County have determined that it is in the best interests of the respective communities and of mutual advantage to enter into an assistance agreement for the provision of inter-agency Law Enforcement Services, and WHEREAS, a Mutual Aid Assistance Agreement has been negotiated and drafted by the Cayuga County Sheriff and the City of Ithaca Acting Chief of Police, as well as by the Cayuga County Attorney and the City Attorney; now, therefore, be it RESOLVED, That the City enter into such Mutual Aid Assistance Agreement, and be it further RESOLVED, That the Mayor and the Acting Chief of Police are hereby authorized to execute any documents necessary to formalize such Agreement. Carried Unanimously 8.3 Common Council - Request to Approve 2002 Bureau of Justice Local Law Enforcement Block Grant and Matching Funds By Alderperson Hershey: Seconded by Alderperson Pryor WHEREAS, the City has received notice that its 2002 application under the Bureau of Justice Assistance Local Law Enforcement Block Grant has been approved and the City will be awarded $11,342 in 2002 funds to continue the Ithaca Drug Treatment Court, and WHEREAS, the City is required under the grant to approve City matching funds in the amount of $1,260; now, therefore, be it RESOLVED, That Common Council hereby approves the $11,342 in grant funds from the bureau of Justice Assistance Local Law Enforcement Block Grant, and be it further RESOLVED, That Common Council hereby authorizes a City matching allocation in an amount not to exceed $1,260 to be derived from account A1990 Unrestricted Contingency for the purposes of funding the City’s Drug Treatment Court, and be it further August 7, 2002 4 RESOLVED, That Common Council hereby directs the Controller to make all necessary budget adjustments for said grant. Carried Unanimously 8.4 Youth Bureau - Request to Amend 2002 Youth Bureau Budget By Alderperson Hershey: Seconded by Alderperson Pryor WHEREAS, the Ithaca Youth Bureau has been notified that it will be receiving an anonymous donation in the amount of $2,596 to support the One-to-One Big Brothers Big Sisters Program, and WHEREAS, the additional revenue will assist in developing the Student Opportunities for Academic Recognition (SOAR) Program in conjunction with the “Village at Ithaca”; now, therefore, be it RESOLVED, That Common Council hereby amends the 2002 Authorized Youth Development Budget as follows for the purposes of accepting said anonymous donation: Increase Revenue Account: A7310-2070-1206 One-to-One $2,596.00 Increase Appropriation Accounts: A7310-5120-1206 Part Time Seasonal 2,360.00 A7310-9030-1206 FICA/Medicare 181.00 A7310-9040-1206 Workers’ Compensation 55.00 Carried Unanimously 8.5 Youth Bureau - Request to Amend 2002 Youth Bureau Budget By Alderperson Hershey: Seconded by Alderperson Pryor WHEREAS, the Ithaca Youth Bureau has been notified that it will be receiving a $1,485 Robert Smith Award from Tompkins Trust Company for the One-to-One Big Brothers Big Sisters Program, and WHEREAS, the Robert Smith Award will be used to support and expand the work that the Youth Bureau has been doing in partnership with the Newfield Central School with the Newfield Big Brother Big Sister Program; now, therefore, be it RESOLVED, That Common Council hereby amends the 2002 Authorized Youth Development Budget as follows for the purposes of accepting said award: Increase Revenue Account A7310-2070-1206 Contribution for Youth $1,485.00 Increase Appropriation Accounts: A7310-5120-1206 Part-time Seasonal 1,350.00 A7310-9030-1206 FICA/Medicare 103.00 A7310-9040-1206 Workers’ Compensation 32.00 Carried Unanimously August 7, 2002 5 8.6 Finance/Controller – Request Approval of 2002 Civil Service Agreement By Alderperson Hershey: Seconded by Alderperson Pryor RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance of services by the City in connection with Civil Service matters for the period July 1, 2002 to June 30, 2003, in the amount of $39,421.00, payable to the City of Ithaca on or before November 1, 2002. Carried Unanimously 8.7 Building Department - Request to Amend Personnel Roster - Resolution: By Alderperson Hershey: Seconded by Alderperson Pryor WHEREAS, the Typist position in the Building Department was decreased from 40 hours to 35 hours to accommodate a previous employee, and WHEREAS, the employee is no longer with the Building Department, and WHEREAS, the Building Department is open 40 hours, now, therefore be it RESOLVED, That Common Council hereby amends the Building Department Personnel Roster as follows: Delete: One (1) Typist – 35 hours Add: One (1) Typist – 40 hours and be it further RESOLVED, That the additional funds for the increase be derived from the department’s existing budget. Carried Unanimously 8.8 Human Resources Department - Request to Designate Managerial Position By Alderperson Hershey: Seconded by Alderperson Pryor WHEREAS, the Education and Training Coordinator position was approved in the 2002 budget but assignment to a compensation plan was not made, now, therefore be it RESOLVED, That Common Council hereby designates the position of Education and Training Coordinator to the Managerial Compensation Plan, Salary Grade 2. Carried Unanimously BUDGET & ADMINISTRATION COMMITTEE: 9.1 Planning Department – Request Funds for and Approval of Proposal for Historic Resource Survey of the Llenroc and Treman Study Area By Alderperson Vaughan: Seconded by Alderperson Peterson WHEREAS, the Ithaca Landmarks Preservation Commission is authorized by Common Council to designate landmarks and historic districts of historic, architectural and cultural significance, and WHEREAS, as set forth in the Municipal Code, the Commission may consider requests from any person, group or association, and WHEREAS, at the July 9, 2002 meeting of the Commission a proposal for designation of the University Hill Historic District including a portion named the Llenroc and Treman historic area was presented by the University Hill neighborhood for consideration, and WHEREAS, upon preliminary consideration the Commission has determined that the Llenroc and Treman historic area will likely meet criteria for local designation, and August 7, 2002 6 WHEREAS, an historic resource survey of the study area is needed to support the proposed designation, and WHEREAS, the cost to the City of preparing a survey is estimated to be $7,400 plus reimbursable expenses and contingencies; now, therefore, be it RESOLVED, That Common Council authorizes the Director of Planning and Development to enter into a contract for preparation of an historic resource survey with the City contribution in an amount not to exceed eight thousand and four hundred dollars ($8,400), and be it further RESOLVED, That $8,400 be transferred from A1990 Unrestricted Contingency to account A8020-5435 Planning Department Contractual Services for said purpose, and be it further RESOLVED, due to constraints in the 2002 city budget, that staff in the Department of Planning and Development shall make every reasonable effort to increase the amount of outside contributions in order to decrease the city contribution of $8,400, and be it further RESOLVED, That during the survey period, the Planning and Development Board shall seek the advice of the Ithaca Landmarks Preservation Commission when undertaking reviews that may entail evaluating impacts of proposed actions affecting resources in the proposed survey area. Extensive discussion followed on the floor regarding Council’s support of this Resolution. Appreciation was given to City Historic/Neighborhood Planner Chatterton for her commitment to this project and her work in helping to reduce costs. Amending Resolution: By Alderperson Mack: Seconded by Alderperson Sams RESOLVED, That a fifth Whereas Clause be added to the resolution which would read as follows: “WHEREAS, the Llenroc Foundation has shown its dedication and support to this district by contributing $2,000.00 towards this historic study and” Carried Unanimously Call the Question Alderperson Manos requested that the question be called on the Amending Resolution. Carried Unanimously Main Motion as Amended: A vote on the Main Motion as amended resulted as follows: Ayes (9) Blumenthal, Sams, Vaughan, Mack, Cogan, Vaughan, Whitmore, Manos, Peterson Nays (1) Pryor Abstentions (0) Carried 9.2 Youth Bureau – Request to Support Youth Development Outing Program Over- Target Request to the Tompkins County Board of Representatives By Alderperson Vaughan: Seconded by Alderperson Whitmore WHEREAS, the City of Ithaca is interested in the well-being of the youth of the community, and WHEREAS, the Ithaca Youth Bureau receives funding from Tompkins County to provide valuable county-wide youth services, including the Big Brothers Big Sisters Program, Youth Employment Service (YES), Recreation Mainstreaming Services (RMS), and the Outings Program, and August 7, 2002 7 WHEREAS, the city and county budget preparation seasons are underway for 2003, and county funding for the Outings Program is in jeopardy; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby request that the Tompkins County Board of Representatives participate in the development of a city-county process that would look for alternatives that would preserve direct services to young people, and be it further RESOLVED, That these discussions should focus on reviewing key inter-municipal agreements on youth services and on maintaining the continuity of effective youth services, and be it further RESOLVED, That Common Council deems it important to begin these discussions before the conclusion of the 2003 budget process. Discussion followed on the floor with Alderperson Vaughan explaining the proposed reductions in County funding that jeopardizes this program. A vote on the Resolution resulted as follows: Carried Unanimously HUMAN RESOURCES COMMITTEE: 10.1 (DPW) (Water & Sewer) - Request to Transfer Funds - Resolution: By Alderperson Peterson: Seconded by Alderperson Hershey WHEREAS, the New York State 2002 Early Retirement Incentive has resulted in the retirement of four (4) senior DPW Water & Sewer employees by September 15, and WHEREAS, customer service, emergency response, provision of water quality environmental quality, infrastructure reconstruction, and support of economic commerce by uninterrupted water distribution and wastewater collections are vital activities of the City, and WHEREAS, this request would normally go through the Budget and Administration Committee but due to timing restrictions the chairs of the Budget and Administration Committee and the Human Resources Committee agreed to review this request at Human Resources Committee, and WHEREAS, the Human Resources Committee has endorsed budget transfers within the existing Water & Sewer 2002 operating budget to shift expenditures to fill the instant gap with temporary employee(s) and consulting support while positions are realigned, advertised, and filled, now, therefore be it RESOLVED, That Common Council authorizes transfer of $2500 from Account F8311-5105 to F8311-5430 and $3,765 from Account G8111-5105 to G8111-5430 for consulting assistance and $11200 from Account F8311-5110 to F8311-5120 and $16800 from AccountG8111-5105 to G8111-5120 for temporary/seasonal employees to assist in the daily workflow and administration. Carried Unanimously 10.2 Finance/Controller - Request Approval of 2002 NYS Retirement Incentive Program Participants: By Alderperson Peterson: Seconded by Alderperson Vaughan WHEREAS, the City enacted Local Law #2, July 2, 2002, adopting the 2002 Retirement Incentive Program (Chapter 69, Laws of 2002), and August 7, 2002 8 WHEREAS, the applicable departments and the City Controller have carefully evaluated the effects of targeting the following positions, and have developed a plan that demonstrates a savings in the replacement employees’ base salary over the two years following the retirement of the eligible employees, and WHEREAS, based on such examination, and subject to operational adjustments and considerations recognized in concept as a part of this resolution, departments have determined that in each instance services and related supervision can be provided on a reasonable basis, should the employees involved in the following targeted positions exercise their option to retire during the authorized open period; now, therefore, be it RESOLVED, That the following positions and incumbent employees be targeted for inclusion in the 2002 Targeted Retirement Incentive Program (Chapter 69, Laws of 2002): Denis Rumsey, Maintainer Marilyn Hall, Administrative Secretary William Baker, Sr. Water Treatment Plant Operator Neil Bieberich, Jr. Engineer David McFall, Water Distribution Maintenance Supervisor Kenneth Harding, Supervisor, Water & Sewer Alice Green, Acting Youth Bureau Director Jacqueline Merwin, Youth Program Coordinator Dominick Cafferillo, Deputy Controller Carol Wilson, Office Manager Donald Sharpsteen, Working Supervisor, Bridges Eugene H. Burdett, Senior Laborer John Doyle, Recreation Facilities Director and be it further RESOLVED, That the memorandum dated July 25, 2002 is accepted, in concept, to indicate the operational changes set forth by the applicable departments in the interest of continuing a consistent level of service and related supervision, each subject to future Common Council action where required. Carried Unanimously 10.3 Request to form Annual Recognition Award Committee - Report: Alderperson Peterson reported that five Common Council members are needed to serve with the Mayor and Corporation Counsel to select the recipient of the City’s Annual Recognition Award. The following Council members volunteered to serve on the committee: Alderpersons: Peterson, Sams, Whitmore, Vaughan, Blumenthal 10.4 City Administrator Report: Alderperson Peterson reported that the committee has received a great deal of information provided by the Human Resources Director and City Attorney’s Office to prepare for a referendum for the November ballot regarding the creation of a City Administrator position. The intent of the original Resolution adopted in 2000 was to study this issue, with the plan that the position would be filled in 2003. A Local Law was laid on the table in preparation to meet the referendum deadline, but there were substantial questions regarding the law and the job description. The committee wishes to continue discussions on a regular basis and send this item to referendum at a later date. August 7, 2002 9 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 12.1 An Ordinance to Amend Fire Limit Boundaries: By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, there are established within the City of Ithaca certain areas or districts known as fire limits, and WHEREAS, fire limits are intended to permit high building density while maintaining an appropriate level of fire safety, and WHEREAS, the area for fire limits ‘A’ in the SW-1 zone were recently modified to reflect a change of use, and WHEREAS, additional property has changed hands which will cause two additional parcels to be subject to a change of use, which change should be incorporated into the SW-1 fire limit area, and WHEREAS, the Board of Fire Commissioners and the Planning and Development Committee has approved this change; now, therefore be it RESOLVED, Section 181-13 of the City of Ithaca Municipal Code is hereby changed to make the northerly property lines of parcels 100.-3-1 and 101.-1-1.2 be the northerly boundary of fire limits ‘A’ in district SW-1, rather than the southerly property lines as previously stipulated, and, be it further RESOLVED, Ordinance 02- shall be enacted as follows: ORDINANCE 02- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca Municipal Code, Section 181-13 entitled “Fire limits” is hereby defined as follows: A. Fire limits A: those areas of the city which are zoned Industrial I-1 and Business B2-b, CBD-60, CBD-85, CBD-100, CBD140, WEDZ-1a, WEDZ-1b, SW-1 except the northern boundary of fire limits in SW-1 shall be the northerly property lines of parcels 100.-3-1 and 101.-1-1.2, SW-2, SW-3, and WF-1 (a, b, c, and d) in the City of Ithaca Zoning Ordinance (Chapter 325 of this Code). B. Fire Limits B: those areas of the city which are zoned Business B-2a, B-2c, B- 2d, B-4 or B-5 in the City of Ithaca Zoning Ordinance (Chapter 325 of this Code). Section 2. Effective Date. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Extensive discussion followed on the floor regarding the location of this area and whether the tax map parcel numbers indicated in the Ordinance were accurate. Motion to Table: By Alderperson Cogan: Seconded by Alderperson Hershey RESOLVED, That this item be tabled until the correct tax map number can be found for the parcel in question. Carried Unanimously Motion to Remove from the Table: By Alderperson Hershey: Seconded by Alderperson Vaughan RESOLVED, That Item 12.1 be Removed from the Table for further consideration. August 7, 2002 10 Carried Unanimously Fire Department and Planning Department staff verified that the tax parcel numbers were accurate. A vote on the Ordinance resulted as follows: Carried Unanimously 12.2 Grant Application Technical Assistance in Traffic Engineering and Transportation Planning for Localities - Resolution: By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, the New York State Department of Transportation has issued a request for applications for Technical Assistance in Traffic Engineering and Transportation Planning for Localities, and WHEREAS, the Technical Assistance grant is a reimbursement program for which the City must provide a 20% match, either in cash or in-kind contributions of labor or materials, and WHEREAS, the Meadow Street/Elmira Road corridor south of Six Mile Creek is an eligible project, and WHEREAS, this area of the City would greatly benefit from a full corridor management study, especially focusing on access management and safety and capacity improvements, and WHEREAS, the Planning & Economic Development Committee of Common Council has recommended that the Common Council authorize submission of the grant application; now, therefore be it RESOLVED, That the Mayor of the City of Ithaca is authorized to submit an application for Technical Assistance for Traffic Engineering and Transportation Planning for Localities for the Meadow Street/Elmira Road Corridor Management Study, with a total project cost of $47,138.80, and, be it further RESOLVED, That Common Council agrees to make the necessary match of 20% of the total project cost in accordance with said grant program, understanding that 15% will be in-kind services provided by City staff and the remaining 5% will be a cash match, and, be it further RESOLVED, That the required cash match for this grant opportunity, not to exceed $2,500, will be derived from Capital Project 450, Southwest Improvements - Route 13 Widening/Taughannock Boulevard Extension. Alderperson Whitmore voiced his support for the study and the possibilities for multi- modal use of Route 13. Alderperson Vaughan stated that she owns property along this corridor, however this project does not confer any economic benefit to her, and therefore she is not recusing herself from the vote. A vote on the resolution resulted as follows: Carried Unanimously 12.3 An Ordinance to Amend Section 325-5 of the City of Ithaca Municipal Code Regarding the Adult Uses Boundary Description By Alderperson Manos: Seconded by Alderperson Whitmore August 7, 2002 11 WHEREAS, on October 4, 2000, the Common Council adopted Ordinance No. 325- 29.1 to amend the Zoning Map established pursuant to Chapter 325 Entitled "Zoning" of the City Municipal Code, and WHEREAS, the Ordinance adopted contained two minor errors, such that parcel 2.-2- 389-35-15 was incorrectly noted as 525.-6-1, which is not a parcel number in the City, but is an account number for this parcel, and parcel 126.-1-2.2 was not given a parcel number and was just referred to as the area, generally known as the site of the Tompkins County Recycling and Solid Waste Center, along Commercial Avenue, and WHEREAS, this kind of error is considered a minor-nonsubstantive error and contains no changes to the actual boundaries on the official zoning map, and WHEREAS, it would be difficult for anyone to misconstrue the intended boundary; now, therefore, be it RESOLVED, That the Common Council shall adopt this corrective Ordinance as follows: ORDINANCE 2002- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 325-3 shall be amended to delete the definition entitled “Adult Entertainment Establishment” in its entirety. Section 2. There shall be a new section 325- __ added to Chapter 325 of the Code of the City of Ithaca. The new section 325- __ shall be entitled “Adult Uses” and read as follows: A. Findings: Based upon a comprehensive study of the adverse secondary impacts of adult use establishments as documented in accordance with the ruling of the U.S. Supreme Court in the matter of the City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986) and commissioned by the Department of Planning and Development of the City of Ithaca, the City of Ithaca finds that: 1) There are adverse secondary impacts associated with the establishment and operation of adult-oriented businesses within a community; 2) Among these adverse secondary impacts are a deterioration in the local quality of life, an adverse effect upon local property values, an adverse effect upon local economic viability, an imposition, whether intentional or unintentional, of exposure to adult-oriented expression undesired by neighbors, pedestrians and passersby, an increase in traffic, noise, litter and nuisance, criminal and illicit sexual behavior, a threat to the health and safety of children and young adults and an undermining of the established sense of community; 3) These adverse secondary impacts of the establishment and operation of adult- oriented businesses are a threat to the general health, safety and economic viability of the community; 4) The unregulated establishment and operation of adult-oriented businesses would lead to the wide-spread imposition of adverse secondary impacts upon the residents, businesses, economic viability, property values, and quality of life of the City and would therefore be detrimental to the general health, safety and economic viability of the community; August 7, 2002 12 5) The United States Constitution, and the Constitution and laws of the State of New York grant to the City of Ithaca the powers, especially police powers, to enact reasonable legislation and measures to regulate the location and operation of adult- oriented businesses, hereinafter defined, in order to protect the general health, safety and economic viability of the community. B. Statement of Intent 1) It is the express intent of the City of Ithaca in adopting this ordinance to: a) Ameliorate, mitigate, reduce or prevent the wide-spread and unregulated imposition of the adverse secondary impacts of adult-oriented businesses upon the residents, businesses, economic viability, property values, quality of life and general health, safety and welfare of the community; b) To protect the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses. 2) It is not the intent of the City of Ithaca in adopting this ordinance to: a) Deny any person the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses; or b) To impose upon any person any additional limitations or restrictions upon the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the City under the United States Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression. These constitutionally protected rights are understood to include the right to sell, distribute and exhibit the legal goods and services offered by adult- oriented businesses; or c) To impose upon any person any additional limitations or restrictions upon the right to obtain, view or partake of any communications guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the City under the U.S. Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression; or d) To estimate, decide, determine, resolve, consider, conclude, judge or qualify in any manner or fashion the quality or value of the content, nature, message, form, format, appearance, substance or presentation of the free expression guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses. Aware that, according to numerous decisions by both Federal courts and courts of the State of New York, the regulation of the location of adult businesses must be based upon a finding of the adverse secondary impact of these businesses upon the community and must be directed solely toward the mitigation of these impacts, not be August 7, 2002 13 directed toward any form of speech or expression, be no broader than necessary and must provide alternative locations within the City for adult use businesses, the City of Ithaca hereby adopts this amendment to its City Zoning Law. C. Definitions 1) Adult Use Business For the purposes of this ordinance, an adult use business shall be defined as any business which: a) is the use of land, structure or location for an "adult entertainment business" or as an "adult physical contact establishment” as herein defined; or b) is any use of land, structure or location which, by the provisions of the Penal Law is required to restrict the access thereto by minors; or c) which is an establishment, location, building or structure which features topless dancers, nude dancers or strippers, male or female; or d) which is a location, building or structure used for presenting, lending or selling motion picture films, video cassettes, cable television or any other such visual media, or used for presenting, lending or selling books, magazines, publications, photographs or any other written materials distinguished or characterized by an emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below. 2) Adult Entertainment Businesses Adult entertainment businesses, including adult book stores, adult video stores, adult motion picture theaters, adult mini-motion picture theaters, adult cabarets, and adult drive-in theaters shall be defined as follows: a) an adult book store is defined as an establishment having a substantial or significant portion of its stock in trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below. b) an adult video store is defined as an establishment having as a substantial or significant portion of its stock in trade video films, video cassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below. c) an adult motion picture theater is defined as a building with a capacity of fifty (50) persons or more used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below for the observation of patrons therein; d) an adult mini-motion picture theater is defined as an enclosed building with a capacity of less than fifty (50) used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below for the observation of patrons therein; e) an adult cabaret is defined as an establishment which features live go-go dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity; August 7, 2002 14 f) an adult drive-in theater is a drive-in theater utilized for the presentation of materials distinguished or characterized by their emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below for the observation of patrons therein; 3) Adult Physical Contact Establishment An adult physical contact establishment is defined as any establishment which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as a physical therapist or physical therapist assistant and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments under this section; 4) Specified sexual activities a) human genitals in a state of sexual stimulation or arousal; or b) acts of human masturbation, sexual intercourse or sodomy; or c) fondling or other erotic touching of human genitals, pubic regions, buttocks or female breast. 5) Specified anatomical areas a) less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; or b) human male genitals in a discernable turgid state, even if completely or opaquely covered; D. Location 1) Adult Uses may not be located in any zone except the following portions of the I-1 use districts as more fully detailed on the official zoning map of the City of Ithaca. The permitted adult use areas are conveniently described herein solely for purposes of this legislation. a) The I-1 site bordered on the east by the railroad property known as parcel numbers 525.-6-1 2.-2-3 which borders on New York State Routes 13 and 34, on the north and west by parcel 16.-1-3 which is the site of the TCAT and Ithaca DPW facilities, and on the south by parcels 16.-1-8, 16.-1-5.2 and 16.-1- 5.1; b) Parcel number 126.-1-2.2 which is the area, generally known as the site of the Tompkins County Recycling and Solid Waste Center, along Commercial Avenue; c) The area bounded on the north by the northerly border of parcel 78.-1- 1.1, on the east by parcel 78.-1-2.2, by Cherry Street on the west and by Cecil Malone Drive (the former West Clinton Street) on the south; d) The area bordered by Cherry Street on the west, by Cecil Malone Drive on the north, by a line perpendicular to the end of Cherry Street on the south and by the railroad parcels known as 525.-6-1 on the east. August 7, 2002 15 2) Adult Uses may not be located, when initially opened as, or converted to, an adult use, within 350 feet of any of the following: a) The boundary of any residential zoning district. b) Any property, including the exterior lot, used as a licensed day-care facility. c) Any structure, including the exterior lot, which has tax exempt status as a religious or educational use. d) Any waterfront, park or farmers' market. e) Any gymnastic center, library or museum. f) Within 200 feet of the boundary of any Marine Commercial Districts. E. Public View and Lighting 1) Lighting throughout an adult use establishment shall be sufficient to illuminate every place to which patrons are permitted access. 2) Any and all booths, cubicles, studios, studies and rooms for the private viewing of adult motion pictures and/or live performances or areas shall a) be open to public view from the common area of the establishment; b) not have any doors, curtains, blinds or other structures or devices that shall impede observation of the entire area of such private viewing areas from the common area of the establishment; c) be well lighted and readily accessible at all times and shall continuously be open to view. F. Sale of Alcohol Prohibited The sale and/or consumption of alcohol is prohibited within the designated adult use zone. G. Site Plan Review/Landscaping. 1) All adult use establishments shall be subject to Chapter 272 entitled “Signs” of the Code of the City of Ithaca. 2) All adult use establishments, when initially opened as, or converted to, an adult use shall be subject to Chapter 276 entitled “Site Plan Review” of the Code of the City of Ithaca and shall be subject to appropriate landscaping as determined in the site plan review process. Section 3. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously 12.4 Inlet Island Land Exchange to Ithaca Urban Renewal Agency (IURA) for Disposition - Resolution: By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, the City of Ithaca owns tax parcels #52.-1-1.1 and #58.-2-1.2 on Inlet Island which adjoin the Station Restaurant and Sleeping Cars, located at 806 W. Buffalo, and WHEREAS, approximately 2.75 acres of this City-owned land is located outside the boundary of Brindley Park and is not necessary for development of the waterfront promenade along the Flood Control Channel, and August 7, 2002 16 WHEREAS, the City desires to revitalize Inlet Island by developing an attractive, pedestrian-scale, urban waterfront neighborhood featuring waterfront-enhanced private sector uses linked by a public waterfront promenade, and WHEREAS, current land ownership patterns pose an obstacle to revitalization of Inlet Island in accordance with the Inlet Island Urban Design Plan, and WHEREAS, the City desires to acquire the right to construct a portion of the Inlet Island waterfront promenade on land owned by Joseph O. Ciaschi, and WHEREAS, the City seeks to explore exchanging City-owned land located south of Rt. 89 in return for privately owned land located north of Rt. 89 to allow appropriate private and public sector development in accordance with the goals of the Inlet Island Land Use Plan, and WHEREAS, a Phase I Environmental Site Assessment for property owned by the City of Ithaca was prepared by GZA GeoEnvironmental of New York on July 1, 2002 and recommended a Phase II Environmental Site Assessment be completed to better understand the impacts of historical railroad site uses on subsurface soil and groundwater, and WHEREAS, a Phase I Environmental Site Assessment for property owned by Ciaschi was prepared by The RETEC Group, Inc. on December 5, 2001 that found discharges have occurred from a former onsite underground storage tank (UST) and recommended remediation of impacted soils, and WHEREAS, the IURA classified the proposed Inlet Island land exchange action as a Type I Action under the City of Ithaca Environmental Review Ordinance, and WHEREAS, on July 23, 2002 the IURA passed a resolution declaring itself as Lead Agency; and adopted as its own, the findings and conclusions more fully set forth in the Full Environmental Assessment Form dated May 8, 2002, and WHEREAS, on July 23, 2002 the IURA, acting as the designated Lead Agency for the environmental review, determined that the proposed action at issue will not have a significant adverse impact on the environment and that further environmental review is unnecessary; now, therefore be it RESOLVED, That the Common Council does hereby declare as surplus property that portion of City of Ithaca Tax Parcels #52.-1-1.2 located outside of Brindley Park that is not necessary for development of the Inlet Island Promenade, and, be it further RESOLVED, That the Common Council does hereby declare as surplus property that portion of City of Ithaca Tax Parcel #58.-2-1.2 located south of the Rt. 89 right-of-way that is not necessary for development of the Inlet Island Promenade, and, be it further RESOLVED, That the Common Council does hereby authorize conveyance of this approximately 2.75 acres of surplus property to the Ithaca Urban Renewal Agency (IURA) for disposition in accordance with the provisions of §507 of General Municipal Law requiring approval by the Common Council prior to the IURA’s proposed disposition of the property, and, be it further RESOLVED, That the Common Council does hereby designate this City-owned surplus property and tax parcels #52.-1-1.1 and #52.-1-1.3 owned by Joseph O. Ciaschi as appropriate for acquisition by the IURA, and, be it further RESOLVED, That the IURA is requested to develop a proposed sales agreement of such surplus property in exchange for land on Inlet Island of approximately equal value owned by Joseph O. Ciaschi, and, be it further August 7, 2002 17 RESOLVED, That the valuation of land exchanged shall take into account the value of the future waterfront public promenade and the projected cost of any environmental remediation which will still be necessary after conveyance of the properties, and, be it further RESOLVED, That the staff is directed to prepare any necessary subdivision application to carry out this resolution, and, be it further, RESOLVED, That the IURA shall be reimbursed by the City for any and all reasonable costs borne by the IURA in acquiring, holding, site preparation and disposing of surplus City property, and any property acquired as a result of this disposition, and, be it further RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to sign any and all instruments necessary for the subdivision and conveyance of the above identified surplus properties to the Ithaca Urban Renewal Agency. Extensive discussion followed on the floor regarding how the exchange of land would affect the City. Amending Resolution: By Alderperson Hershey: Seconded by Alderperson Vaughan RESOLVED, That the second to the last Resolved Clause be removed from the resolution as the IURA has funds to cover the administrative costs of disposition of the property. Ayes (9) Vaughan, Hershey, Blumenthal, Pryor, Peterson, Mack, Cogan, Manos, Sams Nays (1) Whitmore Abstentions (0) Carried Superintendent of Public Works Gray stated that a new sewer line runs under this property that should be encumbered into the agreement. Director of Planning & Development VanCort stated that this issue would be discussed with the buyer, and our deed would indicate the sewer encumbrance. Main Motion as Amended: A vote on the Main Motion as amended resulted as follows: Carried Unanimously 12.5 FY 2002 “Main Street New York” (MSNY) Grant Application - Resolution: By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, on July 8, 2002 Governor Pataki announced the availability of the Main Street New York (MSNY) Downtown Development Initiative Program grants to be administered by the Governor’s Office for Small Cities, and WHEREAS, MSNY is a downtown and commercial enhancement program that provides grants through a competitive award process to improve community appearance and pursue development and community improvement projects, and WHEREAS, activities must involve projects that are available to the general public, will result in a benefit to the general public and will improve the viability of downtown commercial areas, and WHEREAS, the MSNY application is due by August 12, 2002, and August 7, 2002 18 WHEREAS, the City of Ithaca is eligible to apply for up to $25,000 through the MSNY program, and WHEREAS, a match equal to 50% of the total project cost is required, and WHEREAS, the match may be in the form of private or public funding/services, including funds expended during the prior 12 months, and WHEREAS, selection of a proposed activity was based on priorities for Downtown/Commons improvements established by the Ithaca Downtown Partnership and the Report of the Commons Design Review Committee (1999) together with the grant rating criteria, and WHEREAS, Capital Project #386 – Commons Improvement – was established to fund a variety of capital improvements on the Commons, and WHEREAS, funding from CP #386 has been awarded to Thomas Associates to analyze existing Commons lighting and develop plans to upgrade street lighting and electrical systems on the Commons, and WHEREAS, the Executive Director for the Ithaca Downtown Partnership endorses use of MSNY funds to improve Commons lighting; now therefore be it RESOLVED, That the Common Council hereby authorizes the application for a grant of up to $25,000 under the Main Street New York Downtown Development Initiative Program for the following budgeted activity: Commons Improvement – Improve Commons Lighting $24,000 Install pedestrian-scale street lighting and upgrade outdoor electrical systems on Commons $1,000 IURA administration $25,000 TOTAL, and be it further RESOLVED, That the $25,000 required match shall be provided from the unexpended balance of authorized funds from the Commons Improvements capital project (CP #386), or in kind contribution provided by the City, and, be it further RESOLVED, That the Common Council authorizes the Ithaca Urban Renewal Agency (IURA) to administer and implement assisted activities in compliance with program requirements and applicable regulations, and, be if further RESOLVED, That the IURA, upon consultation with the Mayor and the Director of the Ithaca Downtown Partnership, is authorized to modify the application to resolve feasibility and rating concerns, and, be it further, RESOLVED, That the Mayor, upon the advise of the City Attorney and the Executive Director of the IURA, is hereby authorized to execute any and all documents for the submission of this application, acceptance of funding and implementation of the program. Community Development Director Bohn stated that the State is making grants available of up to $25,000.00 for communities to make improvements to their downtowns. There is a one-to-one match requirement for this application, but the match can be in the form of in-kind services or previously funded improvements related to the project. The recommendation is that this funding be earmarked towards the Commons lighting improvement project being developed by Thomas Associates which involves an electrical upgrade and installation of pedestrian scale lighting on the primary Commons. August 7, 2002 19 Alderperson Blumenthal stated that although she has been a long time supporter of downtown, she could not support the recommendation as it is configured. Amending Resolution: By Alderperson Peterson: Seconded by Alderperson Pryor RESOLVED, That the second Resolved Clause be amended to read as follows: “RESOLVED, That the $25,000.00 required match shall be provided from previous expenditures in Commons Improvements and be it further,” Extensive discussion followed on the floor regarding how the City can support this project under the current financial constraints. Call the Question on the Amendment Alderperson Peterson requested that the question on the amendment be called. Ayes (7) Vaughan, Manos, Cogan, Whitmore, Sams, Peterson Mack Nays (3) Pryor, Hershey, Blumenthal Carried Amending Resolution A vote on the Amending Resolution resulted as follows: Ayes (8) Manos, Pryor, Sams, Whitmore, Vaughan, Mack, Cogan, Hershey Nays (2) Blumenthal, Peterson Abstentions (0) Carried Amending Resolution: By Alderperson Hershey: Seconded by Alderperson Vaughan RESOLVED, That the first Resolved clause be amended to read as follows: “RESOLVED, That the $25,000 required match shall be provided from the unexpended balance of authorized funds from The Commons improvement fund and be it further” Ayes (7) Hershey, Vaughan, Sams, Mack, Cogan, Whitmore, Pryor Nays (3) Manos, Peterson, Blumenthal Abstentions (0) Carried Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Ayes (8) Vaughan, Mack, Pryor, Manos, Cogan, Whitmore Hershey, Sams Nays (2) Blumenthal, Peterson Carried 12.6 Empire Zone Designation - Resolution: By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, Section 961 of Article 18-B of NYS General Municipal Law authorizes application by Tompkins County Area Development for designation of parts of Tompkins County as an Empire Zone within the meaning of said statute; and WHEREAS, such designation could greatly benefit Tompkins County and its constituent municipalities in that new businesses would be encouraged to locate in the zone area, and existing businesses would be encouraged to expand in the zone area and such new August 7, 2002 20 and expanded businesses would generate new employment opportunities for Tompkins County residents; and WHEREAS, Tompkins County and other municipalities intend to authorize submission of an application for designation of areas within Tompkins County as an Empire Zone; and WHEREAS, Tompkins County Area Development, in consultation with the City of Ithaca wishes to designate certain areas within the City of Ithaca as part of the proposed Empire Zone; and WHEREAS, the City of Ithaca is desirous of working with Tompkins County Area Development through the Empire Zones Program to provide enhanced employment opportunities for residents of the City of Ithaca; now therefore be it RESOLVED, By the Common Council of the City of Ithaca, that it fully supports and concurs in the Tompkins County Area Development actions to authorize and submit an application for an Empire Zone designation within the City of Ithaca and certain areas of Tompkins County. Economic Development Director McDonald described the Empire Zone program and noted surrounding zones already in existence. A vote on the resolution resulted as follows: Carried Unanimously RECESS: Common Council recessed. RECONVENE: Common Council reconvened into Regular Session. NEW BUSINESS: 13.1 Expansion of the Cayuga Green Client Committee - Resolution: By Alderperson Cogan: Seconded by Alderperson Hershey WHEREAS, by previous resolution, Common Council created a Cayuga Green Client Committee to provide oversight and opportunities for input during the development phase of Cayuga Green, and WHEREAS, Common Council approved the area under the Green Street parking garage as the location of the downtown Intermodal Transportation Center (ITC), pending proof of logistical and fiscal feasibility, and WHEREAS, Tompkins Consolidated Area Transit (TCAT) has been instrumental in securing federal funding for, and will play a critical role in constructing an ITC, and WHEREAS, there is currently no representative of TCAT on the Cayuga Green Client Committee, and WHEREAS, the Cayuga Green Client Committee was designated with 14 members, who were appointed by Common Council on July 10, 2002, and WHEREAS, the Chair of the client committee was granted the authority to appoint replacements in the event that members were unable to serve, but the authority to expand the committee remains Common Council’s; now, therefore be it RESOLVED, That Common Council approves the expansion of the Cayuga Green Client Committee to 15 members, with the additional seat to be filled by a representative of TCAT, and be it further August 7, 2002 21 RESOLVED, That Common Council approves the appointment of Rod Ghearing, General Manager of TCAT, to fill the newly created seat. Alderperson Cogan stated that this resolution expands the Cayuga Green Client Committee and appoints a representative from TCAT to the Client Committee. Alderpersons Sams voiced her opposition to this Resolution as the committee originally consisted of 14 seats, five of which are held by the Ithaca Downtown Partnership, the Mayor, a Council member, and a Planning Board member. She feels that the input of community members was overlooked by not having more seats on the committee. A vote on the resolution resulted as follows: Ayes (9) Blumenthal, Manos, Cogan, Pryor, Whitmore, Peterson Hershey, Mack, Vaughan Nays (1) Sams Carried 13.2 Resolution to Reaffirm Common Council’s Commitment to the City’s Bias Motivated Crime Law By Alderperson Whitmore: Seconded by Alderperson Sams WHEREAS, on June 7, 2000, the City of Ithaca Common Council adopted a local law to amend Chapter 215 of the Ithaca City Code to include a new Article V entitled “Bias- Motivated Crimes”, and WHEREAS, the Common Council recognized that such criminal laws are necessary to provide clear recognition of the seriousness of bias related crimes and the importance of preventing their occurrence within the City of Ithaca, and WHEREAS, the recent events remind us all that violence motivated by racial intolerance and hatred, as well as other forms of bias may occur in Ithaca; now, therefore, be it RESOLVED, That Common Council unequivocally condemns all forms of bias related intolerance and violence, and, be it further RESOLVED, That Common Council, like all people of good will in our community, deplores racial intolerance as well as all forms of intolerance, and, be it further RESOLVED, That Common Council reaffirms its commitment to Chapter 215, Article V of the Ithaca City Code, entitled “Bias-Motivated Crimes.” Extensive discussion followed on the floor regarding this resolution. Mayor Cohen stated for the record that this is a response to alleged actions that were clearly related to racial intolerance. The original Ordinance that was adopted by Common Council unequivocally condemns all forms of bias related violence, however this Resolution also emphasizes racial intolerance. Alderperson Sams requested that the record show that she would like the language in this Resolution to indicate that the incident was violent, and voiced her frustration with the amended language. A vote on the resolution resulted as follows: Carried Unanimously August 7, 2002 22 REPORT OF COUNCIL LIAISONS: Alderperson Cogan distributed a written report on the status of the Cayuga Green Project , and asked Council members to contact him with questions. There have been three Client Committee meetings to date. Highland Architects has been hired by the NDC to meet with the committee. There are a lot of concerns regarding the location of the inter-modal center. Other topics of Committee discussion include: the creek walk, housing, the location for retail, and what the best use is for underneath the Green Street parking garage. The project is following a very aggressive schedule, and most of the design will be occurring over the next two months. The guaranteed maximum price of the project should be available by the end of October. Outstanding issues that need further discussion include: parking during the construction period, project financing, and the location of the inter-modal center. Alderperson Cogan further stated that public input sessions are in the process of being scheduled for later in the month. He encouraged Council members to attend meetings of the Client Committee. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Manos thanked Council members for their support while she was serving as Acting Mayor. She thanked the Department Heads, and Support Staff throughout the City upon whose expertise she relied on. Alderperson Whitmore announced that on August 11, 2002, at Conway Park, at 8:30 p.m., there will be an outside movie night. He further announced that the Soul Food Cook Out is happening at the Common Ground on Saturday, August 24, 2002 from 1:00 to 5:00 p.m. Alderperson Peterson announced that the City Hall Employee Picnic is September 20, 2002, from 12:00 p.m. to 4:00 p.m. at Stewart Park. Common Council members are encouraged to attend and join in the festivities. ADJOURNMENT: On a motion the meeting adjourned at 11:20 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor