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HomeMy WebLinkAboutMN-CC-2006-03-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. March 1, 2006 PRESENT: Mayor Peterson Alderpersons (10) Coles, Seger, Berry, Clairborne, Tomlan, Zumoff, Gelinas, Townsend, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer City Planner - Nicholas Community Development Director – Bohn Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Police Chief - Signer PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Community and Neighborhood Services Committee: Alderperson Korherr requested the addition of Item 11.2 An Ordinance to Amend Chapter 317 of the City of Ithaca Municipal Code Entitled “Removal of Vehicles”. She further requested the deletion of Item 15.2 - An Ordinance to Amend Chapter 232 of the City of Ithaca Municipal Code entitled “Licensing of Businesses & Occupations” - Regarding Taxi Cab Rates. No Council member objected. PROCLAMATIONS/AWARDS: Mayor Peterson proclaimed March 2006 as Women’s History Month. SPECIAL ORDER OF BUSINESS: Mayor Peterson read the following statement regarding the February 18, 2006 stabbing incident on the Cornell University Campus: “Before we commence the regular business of the meeting, I would like to comment and make a statement on the violence that occurred on Cornell’s campus on February 18. Some may wonder why this statement is coming today, and not earlier, and I certainly know that people cannot read my thoughts. Any violence in our community is abhorrent. Violence that allegedly contained racist behavior is also abhorrent. From the police perspective, this act has been a part of every day since it happened. This will be resolved through the judicial process. From the community and social justice perspective, this kind of act has been the experience of people of color or women or poor people or gay people, not since the occurrence but often as part of their everyday life. Early in this administration, the Council, and I spoke of addressing issues of race on a regular basis, not in reaction to terrible events. A few minutes earlier we recited the pledge. On behalf of the city administration, I am reiterating and strengthening a different pledge. Acts of violence and bias related intolerance are not acceptable in our community. People must feel safe and respected and treated equally in our community. Joining forces—whether governmental, collegiate, school district, student, and community-to make progress in eliminating these prejudices and violence --must be a priority. At next week’s Community Services committee meeting, we will discuss teens Common Council March 1, 2006 2 and race issues. I will request that this committee and attendees go a step further and begin to map out a plan for addressing this issue regularly throughout the year. The city has recently supported a number of visioning committees—on new neighborhoods and new directions for existing neighborhoods. We need as much effort or process in the development of a bias free community. Ithaca is often named in accolades for many things—let us work together to become a safe community that respects and honors all of our residents.” Rental Housing Advisory Committee: David Breeden, Chair of the Rental Housing Advisory Committee, addressed Council to present a status report of the committee’s activities for the past year. He stated that he had distributed his report electronically, but highlighted the following areas that the committee had been working to address:  To create a publicly accessible database of rental property in the City of Ithaca  To create legislation that would provide notification to potential tenants of environmental hazards – i.e. TCE, asbestos  Re-vamp building department procedures for certificates of compliance and citizen complaints  Educate landlords and tenants regarding Section 8 housing (Hsg. Choice Vouchers)  Create a rental housing center  Assess the needs of special populations  Provide eviction procedures on the city’s website  Help the committee become a mechanism to help landlords and tenants with legislation regarding rental-housing issues  Investigate ways to alleviate problems with rental housing  Creation of a list of various city committees with contact information PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Council regarding the stabbing incident at Cornell University: Thomas Florino, City of Ithaca Joel Harlan, Town of Newfield Megan Tavek, Town of Lansing Che Broadnax, City of Ithaca The following people addressed Council in support of an off-leash dog park in the City of Ithaca: Stefan Prescott, Town of Ithaca Melissa Lucrow, City of Ithaca Tom Ferrell, City of Ithaca Genevieve Koueula, City of Ithaca The following people addressed Council on various issues: Jemma Macera, City of Ithaca, Closing of the Dollar Store Ron Herring, Town of Ithaca, Member of the Natural Areas Commission – read letter to the Southwest Committee regarding the Southwest Vision Plan. Fay Gougakis, City of Ithaca, off-leash dog park, dog waste issues, GIAC dedication/Martin Luther King naming; speeding issues Molly DeBartolo, City of Ithaca, snow plowing of side streets in the South Hill area. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Zumoff thanked the Ithaca High School government students for attending the meeting. He stated that the Dollar Store is closing due to the Green Garage construction project and that the Ithaca Downtown Partnership is actively working on relocating the store. He further thanked the people who spoke regarding the off-leash Common Council March 1, 2006 3 dog park and stated that the task force, of which he is the chair, is actively working on this issue for the City of Ithaca. Alderperson Coles responded to comments made regarding the need to speak out when actions like hate crimes occur. She stated that there is a need to look within the community to see what wo rk still needs to be done, and we need to look within ourselves and stop the hatred. Alderperson Berry responded to comments made regarding the stabbing incident on Cornell Campus. She stated that she is numb, and shared the fact that her grandfather had been a victim of racial violence. She stated that white allies need to lead the charge, and expressed her opinion that this was not an isolated incident as there is evidence of many racist acts and institutional racism in the City. Alderperson Townsend stated that he attended four meetings yesterday related to race issues and that he is tired of having to continually address these issues. He stated that people need to respect the differences of others, and that this is a community issue that needs to be addressed on many levels. He further stated that he is in support of an off-leash dog park. Alderperson Clairborne thanked everyone who attended and spoke at tonight’s meeting and he extended his thanks to the people who have attended and spoken out at different forums. He stated that wrong behaviors need to be called out and that people should never be afraid to speak up, even if what they have to say isn’t popular. Alderperson Tomlan responded to concerns regarding the closing of the Dollar Store and stated that City officials are trying to save the Dollar Store for downtown. She thanked her colleagues for speaking so eloquently. Alderperson Berry thanked the Ithaca College students for attending the meeting and stated that the 2nd Ward representatives are in favor of an off-leash dog park. CONSENT AGENDA ITEMS: City Administration Committee: IAWWTP – Request to Establish Capital Project for Plant Repairs - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, the SJC (Special Joint Committee) of the Ithaca Area Wastewater Treatment Plant has approved a contract with Stearns and Wheler Engineer’s to do design work for several miscellaneous plant improvements at a cost of $73,790, and WHEREAS, the contract will develop project cost estimates for several projects that are in need of repair at the plant, WHEREAS, the miscellaneous improvements include the design phase for the following: Digester Brick Repairs $10,520 Digester Cover Repairs 6,520 Deck Waterproofing 5,740 Concrete Wall Leaks 14,330 Leaks at Skylights 10,380 Space needs Assessment 2,500 Leachate Facility 23,800 now, therefore, be it RESOLVED, That Common Council hereby establishes Joint Activity Capital Project 416J Plant Improvement Design in an amount not to exceed $74,000 for the purpose of funding miscellaneous plant improvements, and be it further Common Council March 1, 2006 4 RESOLVED, That funds necessary for said project shall be derived from a sharing of expenses with the existing Wastewater Treatment Plant owners, City of Ithaca, Town of Ithaca, and Town of Dryden according to current agreements, and be it further RESOLVED, That the city’s share of funds will be derived from Capital Reserves, long term bonding and/or current expenditures as the City Controller may decide is most advantageous to the city at the time of expenditure. Carried Unanimously Fire Department – Request to Amend 2006 Budget - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, the Fire Department recently received a donation of $3,000, and WHEREAS, the Fire Department intends to purchase a Tablet PC and associated hardware and software for fire prevention code enforcement activities; now, therefore, be it RESOLVED, That Common Council hereby amends the 2006 Fire Department budget for the purposes of accounting for said gift as follows: Increase Revenue Account: A3410-2705 Gifts and Donations $3,000 Increase Appropriations Account: A3410-5210-12100 Office Equipment – Fire Prevention Bureau $3,000 Carried Unanimously Finance/Controller – Request to Amend 2006 Budget for Community Celebration Grants - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, Tompkins County recently notified the City of $2,500 in grant funds from the County to the City for Community Celebration Funds, and WHEREAS, the $2,500 in funds would need to be disbursed to the following organizations/events/projects: National Night Out – 2006 - $ 500 Juneteenth – 2006 - $2,000 now, therefore, be it RESOLVED, That Common Council hereby accepts the $2,500 in Community Celebrations Grant funds from Tompkins County and amends the 2006 Budget to account for said grants as follows: Increase Revenue Accounts: A1012-2379 County Contribution/Celebrations $2,500 Increase Appropriation Accounts: A1012-5435 Community Service Contracts $2,500 Carried Unanimously PLANNING, ECONOMIC DEVELOPMENT, AND ENVIRONMENTAL QUALITY COMMITTEE: Southwest Vision Statement - Resolution By Alderperson Tomlan: Seconded by Alderperson Seger WHEREAS, the City of Ithaca Common Council wishes to develop approximately 60 acres of City-owned property in the Southwest Area in a manner that is responsive to both public interests and the private development market, and Common Council March 1, 2006 5 WHEREAS, in 1998, the Southwest Area Land Use Committee issued a report, “Southwest Area Land Use Plan,” based on a 1994 plan of the same name with a 1998 addendum, and WHEREAS, on May 6, 1998, the Common Council, acting as Lead Agency, determined that adoption of the Southwest Area Land Use Plan may have a significant environmental impact and that a Generic Environmental Impact Statement was required, and WHEREAS, on August 24, 2000, the Common Council adopted a Statement of Findings for the Southwest Area Land Use Plan after carefully considering the Draft Generic Environmental Impact Statement (DGEIS) and the Final Generic Environmental Impact Statement (FGEIS), including comments made by City committees and boards, interested agencies, and the public, and WHEREAS, on January 3, 2001, the Common Council adopted the 1994 Southwest Area Land Use Plan including the 1998 Addendum as part of the City of Ithaca’s Comprehensive Plan, and WHEREAS, the property, formerly known as Southwest Park, was officially alienated in 2001, making it available for sale or development, and WHEREAS, on November 3, 2004, the Common Council passed a resolution outlining the development process for the City-owned land in the Southwest Area, which included the creation of a client committee to assist in the development of a vision statement for the area and in the preparation of a Request for Qualifications (RFQ) for a developer, and WHEREAS, the Southwest Committee met more than a dozen times from April 2005 to January 2006 for the purpose of developing a vision statement, which meetings included attendance and participation by other interested parties, and WHEREAS, the Southwest Committee sponsored two public meetings, one at the beginning of the process and the other for public comment on the draft vision statement, and WHEREAS, the Southwest Committee developed the vision statement with careful consideration of market trends, Smart Growth principles, the Tompkins County Comprehensive Plan, the findings of the DGEIS, and public input, and WHEREAS, the Southwest Vision Statement calls for the creation of a primarily diverse residential, mixed-use development of urban scale and density, the design and implementation of which would facilitate non-motorized and mass transportation, integrate sustainable building practices and environmental systems, and provide for permanently affordable housing, and WHEREAS, the Southwest Committee presented the Southwest Vision Statement to the Common Council on January 4, 2006, and WHEREAS, the Common Council wishes to emphasize its concern that the development process give particular consideration to stormwater management and flooding, and WHEREAS, the Common Council has reviewed and concurs with the Southwest Vision Statement; now, therefore, be it RESOLVED, That the Common Council adopts the Southwest Vision Statement, dated January 4, 2006, as a guide for the development of a new neighborhood in the Southwest Area, and be it further RESOLVED, That the Common Council directs the Department of Planning and Development, with the Attorney’s office, to prepare the required documents necessary Common Council March 1, 2006 6 to transfer the Southwest Area property from the City of Ithaca to the Ithaca Urban Renewal Agency, to be brought to Common Council for approval, and be it further RESOLVED, That the Department of Planning and Development, in consultation with the Southwest Committee, shall develop and issue a Request for Qualifications for a Preferred Developer, and be it further RESOLVED, That the Common Council does hereby authorize Mayor Carolyn K. Peterson to appoint a selection committee to review the responses to the RFQ and to make a recommendation to the Ithaca Urban Renewal Agency and to the Common Council regarding the selection of a Preferred Developer for the Southwest Area, said Preferred Developer to be a qualified and eligible sponsor authorized to acquire property from the Ithaca Urban Renewal Agency pursuant to Section 507 of Article 15 of General Municipal Law, and be it further RESOLVED, That, in accordance with State law and City ordinances, selection of the Preferred Developer shall not be made without the concurrence of the Common Council. Alderperson Tomlan explained the process for the Request for Qualifications (RFQ) of potential developers for the Southwest Area. She further explained the difference between this process and the Inlet Island Request For Proposals (RFP) process. She further acknowledged the input from the Natural Areas Commission during the process. A vote on the Resolution resulted as follows: Carried Unanimously Endorse Continuation of the Tompkins County IDA Density Incentive Program - Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, on July 5, 2000, the Common Council unanimously requested the Tompkins County Industrial Development Agency (IDA) to undertake a program to provide financial incentives for development of multi-story buildings within a density target area encompassing the downtown central business district, the West State Street corridor, the West End, and Inlet Island, and further required that the program be evaluated within five years to determine whether the program should be continued, and WHEREAS, on March 6, 2001, the Tompkins County Board of Representatives adopted a resolution to endorse and support a program of tax abatements for the County portion of the tax bill for development of multi-story buildings within the density target area within the City, subject to a five-year sunset provision at which time it would be reviewed by the IDA to ascertain its impact and its success in achieving the goals of the program, and WHEREAS, on September 20, 2001, the IDA amended its “Mission, Policies and Procedures” to establish the “City of Ithaca Density Incentive Program” providing incentives for multi-story development projects within the density target area, and WHEREAS, since adoption of the density incentive program the IDA has approved incentives for the following multi-story projects:  Seneca Place On The Commons  Gateway I  Island Health & Fitness  Gateway II  Cayuga Green, and WHEREAS, the program has now been operating for five years and is undergoing review, and WHEREAS, on December 9, 2005, and December 20, 2005, past and current Common Council members discussed their vision for downtown and density in the city, and Common Council March 1, 2006 7 WHEREAS, the City of Ithaca Common Council has, by resolution dated December 1, 2004, expressed its support for the Tompkins County Comprehensive Plan, which refers to goals to "strengthen and enhance the City of Ithaca's downtown area as the urban center of the county", and "increase the amount and density of housing and business space in the central business districts throughout the county," and WHEREAS, the City of Ithaca Common Council has, by resolutions dated May 2, 2001, and March 3, 2004, strongly endorsed the Ithaca Downtown Partnership’s Downtown Ithaca Development Strategy: 2000 to 2010, which calls for more housing opportunities downtown, a diversity of shopping, a walkable city work/live experience, and a 24-hour downtown that is alive with activity during the work day and after hours for dinner and entertainment, and WHEREAS, the cost of developing multi-story real estate in urban cores remains substantially higher than in greenfields including higher land costs, higher construction costs, and other complications in the planning process, and WHEREAS, many federal assistance programs for housing and urban development have long since disappeared, and WHEREAS, incentives are still needed to fill project financing gaps and induce downtown projects to move forward, particularly mixed use projects involving housing, retail, office space, and entertainment, and WHEREAS, only two major tools are currently available -- urban renewal assistance, and the Tompkins County Industrial Development Agency (IDA) Density Incentive Program -- to assist in the Common Council's goals for downtown, and WHEREAS, a program delivering partial, temporary tax abatements can provide a tool for downtown/center city revitalization that does not negatively impact the existing tax base, if each project is required to document and substantiate the need for incentives, and WHEREAS, the density incentive program requires all projects to document and demonstrate their need for tax incentives, so that incentives will be reserved only for projects that require them to be financially viable; now, therefore, be it RESOLVED, That the City of Ithaca Common Council finds that the IDA density incentive program is a vital tool to (1) strengthen and enhance the downtown with new housing and other mixed-use developments and (2) locate new compact development in nodal centers identified in the Tompkins County Comprehensive Plan, such as the City of Ithaca’s downtown areas, thereby combatting sprawl development, and be it further RESOLVED, That the City of Ithaca does hereby endorse continuation of the IDA’s density incentive program as a tool for encouraging appropriate real estate and business investment in the core areas in Tompkins County, and be it further RESOLVED, That the geographic area within the City of Ithaca to be targeted under this program should be the current density target area, encompassing the downtown business improvement district area, the West State Street corridor, the West End, and the Inlet Island waterfront area, and be it further RESOLVED, That in five years the City undertakes a study of the impact of the program to evaluate its effects, either positive or negative, on such factors as the property tax base, the local labor market, commercial rents, etc. Extensive discussion followed on the floor regarding concerns about the City of Ithaca density policy and the broader issue of the tax abatement program. Alderpersons Seger, Berry, Townsend, and Clairborne addressed issues that they would like to see included in the tax abatement program. Alderpersons Zumoff, Cogan, Gelinas, Coles, Common Council March 1, 2006 8 and Tomlan discussed the importance of the density policy and the abatement program as important tools for the Tompkins County IDA to use to locate new businesses downtown. Motion to Refer Back to Committee: By Alderperson Clairborne: Seconded by Alderperson Seger RESOLVED, That this Item be referred back to the Planning, Economic Development and Environmental Quality Committee with the condition that it return to the April 5, 2006 Common Council meeting. Alderpersons Berry and Seger requested the opportunity to provide input and to be heard on this topic. Mayor Peterson and Alderperson Cogan spoke about the timeliness of this issue, as it is also being discussed by the IDA. A Vote on the Resolution resulted as follows: Carried Unanimously CITY ADMINISTRATION COMMITTEE: City Clerk’s Office - Request to Increase Authorization of Capital Project #440 for the Purchase of Common Council Chamber Furniture - Resolution By Alderperson Coles: Seconded by Alderperson Korherr WHEREAS, Capital Project #440 was established in 2001 in an amount of $20,000 for the purpose of purchasing new furniture and an upgraded audio system for Common Council Chambers, and WHEREAS, audio equipment including microphones, speakers, amplifiers, tape recording equipment, etc. was purchased and electrical services were updated in 2001, leaving the balance of the account at $9,570, and WHEREAS, the City Clerk has been working with furniture vendors for several years and has not been able to secure quotes that fall within the account balance; now, therefore be it RESOLVED, That Common Council does hereby increase the funding of Capital Project #440 by $13,000 for a total project authorization of $33,000 for the purchase of furniture and wireless microphones for Common Council Chambers and new chairs for the Second Floor Conference Room, and be it further RESOLVED, That funds necessary for said furniture acquisition shall be derived from the General Fund. Carried Unanimously (9-0) Alderperson Clairborne absent from the vote DPW - Request to Establish Capital Project for Feasibility Study - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, the City of Ithaca has received a Preliminary Assessment from Johnson Controls which outlined improvements totaling $5.5 million eligible for consideration as part of an Energy Performance Contract, and WHEREAS, the Board of Public Works would like to concentrate initially on building systems improvements and get additional information on water meter precision and automated meter reading which would improve the accuracy and cost of issuing water and sewer bills; now, therefore, be it RESOLVED, That Capital Project # 497 City Facility Energy Improvements be created in the amount not to exceed $75,000, to be initially funded $40,000 from general funds and $35,000 from Water and Sewer funds, with the understanding that these costs are to be covered by the performance Contract should the City choose to proceed with the project recommendations resulting from the Project Development Phase, and that Common Council March 1, 2006 9 approximately half of this expense will be recovered from the New York State Energy Research and Development Authority (NYSERDA) as a reimbursement for the study, and be it further RESOLVED, That Common Council hereby authorizes the Mayor to enter into the Project Development Agreement, following any modifications to the Agreement that may result from a review of the terms of the Agreement by the Mayor, Superintendent of Public Works, and City Attorney. Carried Unanimously DPW - Request to Establish Capital Project for LED Traffic Signal Replacement - Resolution By Alderperson Coles: Seconded by Alderperson Seger WHEREAS, The City Transportation Engineer has provided a project proposal to purchase and install Light Emitting Diode (LED) lights in City traffic signals, and WHEREAS, The project will have significant savings for the City of Ithaca including energy costs and maintenance costs, and WHEREAS, The LED project has an estimated cost of $60,000 which will likely pay for itself in approximately two to three years, now, therefore be it RESOLVED, That Common Council hereby establishes Capital Project #498 – LED Traffic Signal Acquisition and Installation in an amount not to exceed $60,000 for said LED purchase and installation, and, be it further RESOLVED, That funds necessary for the LED Traffic Signal purchase shall be derived from General Fund Advance with later repayment by issuance of Bonds. Carried Unanimously (9-0) Alderperson Cogan absent from vote Common Council - Statement of Support For New York Assembly Proposal to Increase Financial Aid to Cities, Towns and Villages - Resolution By Alderperson Coles: Seconded by Alderperson Berry WHEREAS, In the early 1990s, the City of Ithaca, New York experienced a reduction in general revenue state aid from $2,425,388 to $1,339,404 with the largest reduction in 1991 of $742,634 and WHEREAS, the City of Ithaca has continued to experience the shift to local property taxes which have become the primary and or sole source of funding for every local need from our Water Treatment Plant to snow removal, and WHEREAS, the trend toward shifting the financial burden to local property taxes has continued to accelerate either through funding cuts or through unfunded mandates instituted by both Federal and State Governments, and WHEREAS, in the last five years the City's tax rate has increased by 31 percent and the City’s tax levy by 65 percent, and WHEREAS, tax increases have resulted in an undue burden on our entire population, and especially those among us who are least able to afford these increases, such as residents living on fixed incomes and those whose income consists of a minimum wage that has not kept up with inflation, and WHEREAS, a local municipal aid package that increases significantly the amount of the overall funding included in the executive budget for cities, towns and villages across the state, has been presented in the New York State Assembly, and WHEREAS, the residents of the City of Ithaca are in need of many essential services which we have endeavored to provide, and Common Council March 1, 2006 10 WHEREAS, the proposal in the State Assembly would help provide essential services while holding down property taxes; now, therefore, be it RESOLVED, That Carolyn Peterson, Mayor, and the Common Council of the City of Ithaca declare support for the Assembly's proposal to increase the municipal aid throughout the State of New York from $50 million to $150 million, and be it further RESOLVED, That copies of this resolution be sent to Governor George Pataki, Assemblywoman Barbara Lifton; Senators Joseph Bruno, George Winner, James Seward, and Michael Nozzolio; and to Assembly Speaker Sheldon Silver. Carried Unanimously Finance/Controller - Request to Approve Workers Compensation Insurance - Resolution By Alderperson Coles: Seconded by Alderperson Seger WHEREAS, the City, in conjunction with its insurance agent, Ithaca Agency, annually requests Workers’ Compensation Insurance quotes for the City, and WHEREAS, the City is seeking to move toward a self-insured Workers’ Compensation Insurance status, and WHEREAS, the City has received Workers’ Compensation Insurance quotes and has secured St. Paul’s Travelers Insurance Company to provide the City’s Workers’ Compensation Insurance policy for 2006 at a cost savings from 2005, and WHEREAS, the 2006 Workers’ Compensation Insurance package selected by the City is a self-insured retention plan; now, therefore, be it RESOLVED, That the City of Ithaca hereby has elects to secure workers’ compensation to its employees pursuant to subdivision 3 of section 50 of the Workers’ Compensation Law, and be it further RESOLVED, That Common Council hereby approves the selection of St. Paul’s Travelers Insurance Company for the City’s 2006 Workers’ Compensation policy using the self-insured retention plan effective January 1, 2006. Carried Unanimously (9-0) Alderperson Berry absent from the vote COMMUNITY AND NEIGHBORHOOD SERVICES COMMITTEE: Pedestrian Public Information/Relations Campaign with Ithaca College – Formation of Sub-Committee - Resolution By Alderperson Korherr: Seconded by Alderperson Berry WHEREAS, the City of Ithaca has made the safety of pedestrians one of the highest priorities in 2006 and beyond, and WHEREAS, Common Council has adopted stricter penalties for ice and snow removal offenses, and WHEREAS, the Pedestrian Awareness Committee recommendations include education and enforcement as equally important in improving pedestrian awareness for the public and for those responsible for enforcing vehicle and traffic laws, and WHEREAS, budgets have restricted public education programs to be developed with existing staff, and WHEREAS, Alderperson Berry has engaged students in her Ithaca College Roy H. Park School of Communications Television-Radio Department Public Relations Lab to develop information campaigns built around “branding” the City as a leader in public safety, specifically naming the City of Ithaca as the client, and Common Council March 1, 2006 11 WHEREAS, direction of the campaign creation by Alderperson/Professor Berry will be in close and frequent consultation with Mayor Peterson, Chair Korherr, key City officials, and numerous community members, and WHEREAS, Alderperson Berry as council liaison to the BPAC and Chair Korherr as council liaison to the DAC will ensure that regular updates and information exchange occurs between their respective committees, and between the student researchers, the community and the public, and WHEREAS, progress will be presented to Chair Korherr and/or the Community Services Committee, and the Mayor will endorse all facets of the campaign prior to its implementation, and WHEREAS, the combination of public need and student participation, that will involve intensive research regarding the current recommendations, will optimize the town-gown relationship that the City enjoys, now therefore be it RESOLVED, That Common Council supports the efforts of the Ithaca College students engaged in the creation of developing public relations/information programs for both snow and ice removal ordinance changes and pedestrian safety initiatives. Alderperson Berry thanked the Mayor for meeting with the class, and the City employees who took time to meet with the students. A final presentation will be made to Common Council at the May meeting. A Vote on the Resolution resulted as follows: Carried Unanimously An Ordinance to Amend Chapter 317 of the City of Ithaca Municipal Code Entitled “Removal of Vehicles” By Alderperson Korherr: Seconded by Alderperson Zumoff ORDINANCE 06- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 317-14 of Chapter 317 of the City of Ithaca Municipal Code entitled “Removal of Vehicles” is hereby amended 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 are hereby established as follows: (1) Removal charges shall not exceed $80. total charge, inclusive of sales tax. (2) Special problem or circumstance removal charges shall not exceed $105, total charge, inclusive of sales tax. "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. 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 vehicle-towed report. Approval or denial of 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. Section 2. SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Common Council March 1, 2006 12 Section 3. EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously GOVERNANCE AND INTERMUNICIPAL RELATIONS COMMITTEE: An Ordinance to Amend Chapter 1 of the City of Ithaca Municipal Code Entitled "General Provisions” to add a Penalty for Civil Offense By Alderperson Zumoff: Seconded by Alderperson Cogan ORDINANCE NO. 06- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 1-1 of the City of Ithaca Municipal Code Entitled "Penalties for Offenses" is hereby amended to read as follows: § 1-1. Penalties for offenses. A. Unless a different penalty is specified, violations of the provisions of this Code shall be punishable by a fine of not more than $250 or imprisonment for a term of not more than 15 days, and not less than $100 or 25 hours of community service. For the purpose of determining the appropriate fine, each day on which the violation continues to exist shall be considered a separate offense. In no case shall a term of imprisonment exceeding 15 days be imposed as a penalty for violations of this Code, no matter how many days of violation are charged, unless, by separate Code section, the violation has been classified as a misdemeanor. B. Notwithstanding the penalty provisions of the preceding subsection or other penalties specified in subsequent sections of this Code, the penalties for violation of the Code sections listed below shall be: not more than $40 nor less than $20 for a first offense at the same property; not more than $60 nor less than $30 for a second offense at the same property; and not more than $100 nor less than $50 for a third offense at the same property, if a conviction for such offense occurs within the same twelve-month period. Each day on which the condition exists may be charged and shall be considered as a separate offense. [Amended 7-2-2002 by L.L. No. 3-2002] Code Section 196-5 (Uncollected garbage) 210-35 (Open areas) 210-36C (Accessory structures) 210-38 (Garbage and refuse) 272-4D (Mobile signs) 272-4E (Banners and pennants) 285-5 (Sidewalks) 325-20C(1)(j) (Front yard parking) 325-20D (Front yard parking) 325-23B(1) (Yard maintenance) C. Notwithstanding any contrary Code provision, appearance tickets may be issued by the Building Commissioner and/or Commissioner's designee(s) charging violations of any of the above sections whenever there is probable cause to believe that said violations have occurred. Any rights to administrative appeals to any board or commission of the City of Ithaca mentioned in any subsequent section of this Code shall not apply as a condition precedent to issuing an appearance ticket charging a violation of any of the above-listed Code sections. Any right to an administrative appeal from a decision or determination of the Building Commissioner or other city official with regard to the above Code sections shall apply only in cases in which the city intends to correct the violation and seek to charge the property owner or other responsible party for the costs of correction. Common Council March 1, 2006 13 D. Violations of any provisions of this code for which the penalty is designated as a Civil Offense under § 1-1 shall be punishable by a fine not to exceed $250 or 50 hours of community service. Section 2. Severability. If any section, sentence, clause or phrase of this law is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this law. Section 3. Effective Date. This ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Alderperson Zumoff explained the changes in the Ordinance and stated that both City Court Judges are in favor of the legislation. A Vote on the Ordinance resulted as follows: Carried Unanimously An Ordinance to Amend Chapter 250 of the City of Ithaca Municipal Code Entitled "Peace and Good Order" to Include an Aggressive Solicitation Prohibition By Alderperson Zumoff: Seconded by Alderperson Seger ORDINANCE NO. 06- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 250 of the City of Ithaca Municipal Code Entitled "Peace and Good Order" is hereby amended to add the following language: §250-9. Aggressive Solicitation. (A) Findings. The Common Council finds that aggressive solicitation negatively affects the following significant governmental interests: (1) Protection of citizens from physical threats or injury and from damage to property; (2) Prevention of harassment and intimidation of members of the public; (3) Prevention of violent crimes; (4) Traffic control and public safety. The Common Council finds that aggressive solicitation is extremely disturbing and disruptive to the public and contributes to a loss of access to and enjoyment of a public place, and to an enhanced sense of fear, intimidation and disorder. This law is intended to combat the negative effects of aggressive solicitation. It is not intended to limit any person from exercising their constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activity. (B) Definitions. For the purpose of this section: Aggressive Manner shall mean any of the following: (1) Without invitation, consent or acquiescence by the person being solicited, speaking to that person in a manner which is intended to cause that person -- or is likely to cause a reasonable person -- to fear bodily harm to one's self or to another; (2) Without invitation, consent or acquiescence by the person touched, intentionally touching another person during an act of soliciting; (3) Without invitation, consent or acquiescence by the person being solicited, intentionally blocking or interfering with the safe or free passage of a pedestrian or Common Council March 1, 2006 14 vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take substantial evasive action to avoid physical contact; (4) Using violent or obscene gestures toward a person solicited; (5) Continuing to solicit from a person or continuing to engage that person after the person has given a negative response to such soliciting or after that person walks away from the person soliciting; (6) Following the person being solicited, while continuing to solicit. Soliciting shall mean asking verbally or non-verbally, for money or objects of value in a public place, with the intention that the money or object be transferred at that time and at that place. However, this ordinance is not intended to proscribe any demand for payment for services rendered or goods delivered. Nor does this ordinance or the definition of solicitation proscribe fixed advertising attached to an existing premises, or signs and/or written material allowed under any other applicable city ordinance, regulation, license or permit. Public Place shall mean a place owned by a municipality, including but not limited to: street or highway; public parking lot; public plaza; public transportation structure, facility or vehicle; public park or playground; public sidewalk; and the Ithaca Commons. (C) Prohibited Act. No person shall solicit in an aggressive manner in any public place. (D) Penalties. Any violation of the provisions of this law shall be punishable as a Civil Offense in accordance with Section 1.1 of the City of Ithaca Municipal Code. Section 2. Severability. If any section, sentence, clause or phrase of this law is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this law. Section 3. Effective Date. This ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Alderperson Seger stated that this Ordinance is a good balance between the original legislation, and Mr. Schlather’s version. He further stated that the Commons Advisory Board would discuss this issue further as it regards the Commons. Alderperson Tomlan stated that Mr. Schlather noted that he is still not in favor of the legislation especially subsections B(5) and (6). City Attorney Hoffman stated that Assistant City Attorney Sarachan worked on this legislation and that he supports his conclusion that there does not appear to be any case law that would prevent the City from enforcing subsection B (5) and (6). He stated that he feels that this is a constitutionally acceptable approach to this issue. A vote on the Ordinance resulted as follows: Carried Unanimously NEW BUSINESS: Common Council’s Appointment to the Local Advisory Board of Assessment Review – Resolution By Alderperson : Seconded by Alderperson RESOLVED, That _________________ and ________________be appointed to the Local Advisory Board of Assessment Review, with_______________, __________________ and ________________being designated as alternates. Discussion followed on the floor with Alderperson Cogan noting that he submitted 1 name to the City Clerk’s Office. This item was referred to the April 5, 2006 Common Council agenda for action. Common Council March 1, 2006 15 Simeon’s Alcohol Permit Request - Resolution By Alderperson Cogan: Seconded by Alderperson Zumoff WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2006, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant that includes the sale of alcohol in accordance with the terms and conditions set forth in the application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously INDIVIDUAL MEMBER – FILED RESOLUTIONS: Creation of the Taxi Operations Review Committee - Resolution By Alderperson Korherr: Seconded by Alderperson Clairborne WHEREAS, the Community and Neighborhood Service Committee, at its February 8, 2006 meeting, approved the creation of a subcommittee to review the taxi operations within the City of Ithaca, including but not limited to the posting of pricing information in service vehicles, the formal complaint process, fees charged to those within City limits and beyond, and a general review of the ordinance itself, and WHEREAS, the Town of Ithaca is the only other municipality in Tompkins County that regulates taxi rates within its jurisdiction, and WHEREAS, the Town of Ithaca has expressed interest in working with the City to formulate consistent rates and operations across municipal boundaries, now therefore be it RESOLVED, That the newly created Taxi Operations Review Committee include interested members of the Community and Neighborhood Services Committee and Common Council, and representation from the following: Taxi Cab Companies, Ithaca Police Department, Town of Ithaca, City Attorney, and any other agency or department that would assist in this effort, and be it further RESOLVED, That concerned taxi customers be directed to contact the Ithaca Police Department as the licensing and enforcement authority if they suspect that they have been incorrectly charged for service, or have been affected by non-compliance of any section of the taxi ordinance, and be it further RESOLVED, That the taxi review committee provide the Community Services Committee with an analysis of the current operations, and suggest recommendations for improvement and/or ordinance changes by July 1, 2006. Carried Unanimously Common Council March 1, 2006 16 Motion to Add Item 15.2 Back on the Agenda By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That Item 15.2 An Ordinance to Amend Chapter 232 of the City of Ithaca Municipal Code entitled “Licensing of Businesses & Occupations” – Regarding Taxi Cab Rates be added back on the agenda for discussion and possible action. Alderpersons Berry and Clairborne voiced their objections to this addition, so the item could not be added to the agenda pursuant to the Common Council Rules of Procedure. MAYOR’S APPOINTMENTS: Building Code Board of Appeals: By Alderperson Coles: Seconded by Alderperson Korherr RESOLVED, That Ian Shapiro be appointed to the Building Code Board of Appeals to replace Charles Wilson with a term to expire December 31, 2008, and be it further Conservation Advisory Council: RESOLVED, That Scott D. Doyle be appointed to the Conservation Advisory Board to fill a vacancy with a term to expire December 31, 2007, and be it further Workforce Diversity Committee: RESOLVED, That Elizabeth Vance be appointed to the Workforce Diversity Committee to fill a vacancy with a term to expire December 31, 2006. Carried Unanimously (9-0) Alderperson Berry absent from the vote REPORTS OF COMMON COUNCIL LIAISONS: Alderperson Berry reported that Kent Johnson is the new Chair of the Bicycle Pedestrian Advisory Committee. Alderperson Clairborne reported that the GIAC Board is currently planning for their Annual meeting in April. He further reported that the IURA distributed simplified versions of its Action Plan. Alderperson Coles reported that the Board of Public Works will continue the public discussion of the renaming of State Street at its March 8, 2006 meeting. She further reported that the Cornell University Group for the Red Bud Woods has finalized the wording for a plaque to be posted at the site with a wooden kiosk made from wood harvested from the site. Mayor Peterson reported that Board of Public Works has requested that she speak to Common Council to ascertain their desire to make the decision to rename State Street instead of the Board of Public Works. She noted that Board has spent a lot of time on this issue already, and anticipates a lot of work in the near future reviewing all of the public comment, the history of naming City properties, etc., and they want to know if their decision would be overruled by Common Council. Discussion followed on the floor, and the consensus of Common Council was that they were not interested in making the decision to rename State Street, and they encouraged the Board of Public Works to proceed with their deliberations. Motion to Extend the Meeting: By Alderperson Zumoff: Seconded by Alderperson Coles. RESOLVED, That the meeting be extended to 11:15 p.m. Carried Unanimously Common Council March 1, 2006 17 REPORT OF CITY CONTROLLER: City Controller Thayer reported on the following: 2006 sales tax revenues are 21% higher than projected Parking revenues are increased Snow removal budget at $75,000 Overtime costs are at budget Fine revenues are slightly increased The Controller’s Office is continuing to work on audit reports and required State reports including a 3-year projection on how increases in State aid would impact the City. MINUTES FROM PREVIOUS MEETINGS: Approval of the February 1, 2006 Regular Common Council Meeting Minutes – Resolution: By Alderperson Korherr: Seconded by Alderperson Tomlan RESOLVED, That the minutes of the February 1, 2006 Regular Common Council Meeting be approved as published. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:14 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor