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HomeMy WebLinkAboutMN-CC-2007-07-05COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. July 5, 2007 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 Planning and Development Director – Van Cort Youth Bureau Director - Green PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Environment and Neighborhood Quality Committee: City Attorney Hoffman distributed Item 11.2 entitled “Off Leash Dog Area - Seasonal Staff Assistance for Evaluating Current Conditions and Usage - Expenditure Not to Exceed $ 5000 – Resolution”. PROCLAMATIONS/AWARDS: There were no proclamations or awards presented at this meeting. SPECIAL ORDER OF BUSINESS: 4.1 Sister City Update from Central New York Chapter of the Colombia Support Network Marcie Ley and Laura McDonald, representatives from the Central New York Chapter of the Colombia Support Network, reported to Council on the progress that their chapter has made since the sister-city initiative adopted June 2, 2004. They reported that a couple of delegations have visited Cajibio, and residents from Cajibio have visited Central New York to participate in speaking engagements. A Truxton Land Trust grant of $10,000 has been awarded to the younger generations in Cajibio to encourage them to buy plots of land to start farms. Another delegation visit to Cajibio is scheduled for August of 2007 and the attendees will bring back a report to the community after their visit. The goal of the network is to provide solidarity with Cajibio and to keep the people safe from conflict and help them build a better community. SPECIAL PRESENTATIONS BEFORE COUNCIL: Tompkins County Legislature Pam Mackesey, 1st District Representative for the Tompkins County Legislature, reported to Common Council on the following items: The State Theatre has been awarded a $125,000 grant for theater renovations TCAT will resume a late night bus to Ithaca College starting in the Fall. Garbage Transport Truck issue – Seneca Meadows has made an application to the Department of Environmental Conservation to expand their operations. Local and State Officials have been meeting in Skaneateles, New York to determine what next steps should be pursued to ensure that trucks stay on interstate highways and not take short cuts through residential streets. Alderperson Seger questioned why the Tompkins County Health Department is considering relocating to the NYSEG building. Legislator Mackesey noted that another location is also being discussed in addition to the NYSEG building, and that the relocation option is more cost effective than building a new facility. She stated that the County is looking at major capital projects in the near future such as expanding the Sheriff’s Department, the Courts, and that some of the County departments may also need to be relocated to better accommodate their needs. July 5, 2007 2 Alderperson Coles thanked Legislator Mackesey for her work with TCAT to establish a late night bus route to Ithaca College. Alderperson Korherr arrived at the meeting at 7:30 p.m. Planning Board John Schroeder, Chair of the Planning Board, reported to Council on the following items: The Planning Board feels that the Planning Department’s 2007 work plan, aside from its mission statement, lacks an overall vision or goals for planning priority projects. Design guidelines of the Central Business District should include the transitional neighborhoods as well as the commercial areas. Additional projects: Fall Creek zoning area requirements are great, however other areas of the City should have them as well. The West End parking proposal and parking garage maintenance should be discussed jointly with the Department of Public Works as a philosophical vision is needed in addition to the series of projects. Alderperson Tomlan thanked the Planning Board for their work on these issues. Mayor Peterson stated that the Comprehensive Plan Review Committee discussed zoning issues as well. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Doria Higgins, Town of Ithaca, addressed Council to report that Time Warner is threatening to cut Pegasys studio time to 10 hours/week and she urged Council to ensure that the 20-hour schedule remains intact. She further addressed Council regarding the off-leash dog park and stated that it should not be established at the Festival Lands. Tomas Harrington, General Manager of Viva Tacqueria, addressed Council in support of the proposed Aurora Street Sidewalk Widening Project. He thanked City staff, especially Transportation Engineer Tim Logue and Asst. City Engineer Tom West, for their great job of listening to the merchants and coming up with this proposal. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Seger thanked the speakers for their comments and responded to the concern raised regarding the Pegasys studio. He reported that a resolution from the Cable Access Oversight Committee has been forwarded to the Communication and Emergency Services Committee regarding this issue and that residents interested in this topic should come to that meeting next week. Alderperson Clairborne reported that his hometown of Coffeyville, Kansas is under water right now due to heavy rains that overflowed the levee and has combined with an oil slick in the area. Many of those residents are in shelters, and the scene is reminiscent of Hurricane Katrina. The municipal water supply is still turned off but a boil water order has already been issued anticipating contamination issues. The water levels are starting to recede so that pumps can be turned on and FEMA has been responsive after a Presidential declaration of a disaster. Alderperson Berry thanked Alderperson Clairborne for sharing this information about his hometown and stated that she had just witnessed the damage caused by the recent flooding in the Catskill area of New York State. She further thanked the Mayor for her initiatives regarding climate change, and stated that she would support a national campaign regarding establishing national warning systems for natural disasters. Mayor Peterson announced that a public information meeting has been scheduled regarding the Water Treatment Plant for July 12, 2007 from 7-9 pm and a Public Scoping Session will be conducted on July 26, 2007 from 5 p.m. to 7 p.m. in Common Council Chambers. July 5, 2007 3 8. CONSENT AGENDA ITEMS: City Administration Committee 8.1 City Clerk - Request to Amend 2007 Budget - Resolution By Alderperson Seger: Seconded by Alderperson Cogan WHEREAS, Common Council, as part of the 2007 City Budget, included $15,000 in the Restricted Contingency account for the purposes of funding a public information initiative, and WHEREAS, the Communications and Emergency Services Committee is requesting that $660 be released from Restricted Contingency for the purposes of investigating what services a Public Information Officer position or a Community Relations Division might provide to the City and what the related staffing costs would be; now, therefore be it RESOLVED, That Common Council hereby authorizes the City Controller to transfer an amount not to exceed $660 from Restricted Contingency account #A1990 to account # A1315-5120 City Clerk PT/Hourly to hire an intern to develop job descriptions, and a compensation plan for the proposed position(s) for a Public Information/Community Relations division. Carried Unanimously 8.2 Request to Approve Civil Service Agreement for the Year 2007-2008 - Resolution By Alderperson Seger: Seconded by Alderperson Cogan 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, 2007 to June 30, 2008 in the amount of $45,828 payable to the City of Ithaca on or before November 1, 2007. Carried Unanimously 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Department of Planning & Development 2007 Priority Projects - Resolution By Alderperson Tomlan: Seconded by Alderperson Korherr Department of Planning & Development Mission Statement1 Under the direction of the Mayor, Common Council, and the Planning and Development Board, the Department of Planning & Development provides City government, citizens, and others with planning services that promote timely and informed decisions on courses of action designed to further the social, economic, and environmental goals of the community, thereby enhancing Ithaca as a great place to live, work, learn, conduct business, and play. WHEREAS, the Department of Planning & Development's proposed 2007 Priority Projects and Work Program have been reviewed by the Planning & Economic Development Committee of the City of Ithaca Common Council; now, therefore, be it RESOLVED, That Common Council approves the Department of Planning & Development's 2007 Priority Projects, which are listed below in no particular order: 1. Cayuga Green  Execute modified master lease and assist Bloomfield, Schon + Partners, LLC (“BS+P”) lease-up 22,000 square feet of ground level commercial lease space at Cayuga Garage.  Convey ownership of 131-135 E. Green Street to BS+P, which will commence construction of a five-story mixed-use residential and retail/commercial building. 1 As approved by Common Council, January 2003. July 5, 2007 4  Execute sublease with BS+P for 12,000 square foot cinema parcel at ground level of Green Garage for occupancy by the Seventh Art Corporation, Inc. for a five-screen movie theater.  Execute purchase agreement with BS+P for site of 30-40 unit residential condominium project adjoining Cayuga Garage for a 2008 construction commencement.  Work with Bloomfield, Schon + Partners to secure retail commercial lease agreements for project.  In cooperation with the Superintendent of Public Works and Bloomfield, Schon + Partners, complete design for replacement of the center section of the Green Garage. Assist with construction coordination. 2. Southwest Area Development Coordinate selection of Master Developer and continue working toward development of former Southwest Park area, under direction of the Mayor and Common Council and with the advice of appropriate advisory bodies. 3. Inlet Island Development Continue working with the selected preferred developer toward development of Inlet Island, including acquisition of the parcel owned by New York State Department of Environmental Conservation (“NYSDEC”) and development of a 100-car city-owned parking lot. 4. Collegetown Vision Statement and Implementation Complete final draft of the Collegetown Vision Statement. Work on follow- through of the recommendations including establishment of urban design guidelines, undertaking a market study analyzing strengths and weaknesses of business and housing sectors as they pertain to college towns in general and specifically to Ithaca’s Collegetown; maintenance of public and private infrastructure, feasibility of establishing a Business Improvement District (“BID”) and improvements to quality of life in adjacent residential neighborhoods. 5. Downtown Design Guidelines Staff the design review sub-committee and undertake process leading to the selection of a consultant. Work with the committee and consultant toward completion of draft of the downtown design guidelines. 6. Cayuga Waterfront Trail Complete administration of the Phase III Feasibility Study. 7. Dredging Administer grant monies and assist consultant team in preparing the feasibility study for dredging operations in the City of Ithaca. 8. City Water Supply Work with the Board of Public Works and Common Council to assess and develop water supply options for the city. 9. Off-street Parking in Residential Districts Revise §325-20 of the Municipal Code, Off-street Parking, to better clarify requirements for off-street parking areas in residential zones, such as location, size and screening. 10. Redevelopment of the Former Ithaca Gasworks Site Work with neighborhood, NYSEG, and Ithaca City School District (“ICSD”) on relocation of existing ICSD facilities and redevelopment of the site of the former Ithaca Gas Works. Carried Unanimously July 5, 2007 5 Alderperson Tomlan explained that in past years, the entire list of Planning Department projects was presented. This year, the department focused on the top ten (10) priority projects. Mayor Peterson explained that the public hearing on the Cayuga Green project was canceled for tonight’s meeting because a better solution with a lesser monetary commitment from the City was achieved regarding the potential remediation issues of the project. Alderperson Clairborne stated that the development of Inlet Island needs a comprehensive planned approach as there are so many activities happening in that area including parking and trails. Mayor Peterson thanked the staff of the Department of Public Works for their efforts in cleaning up the Inlet Island site for the visit of the Lois McClure schooner July 1 and 2, 2007. The visit attracted 1,500 visitors on Monday. 9.2 Endorsement of Housing Strategy for Tompkins County - Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, the Tompkins County Comprehensive Plan, adopted by the Legislature in December 2004 and supported by the Common Council, established the principle that “housing in Tompkins County should be affordable and appealing to all residents, regardless of their incomes or whether they rent or own their homes,” and WHEREAS, according to the 2000 Census, 40% of households in Tompkins County were financially stressed by paying more than 30% of income for housing, and WHEREAS, the Affordable Housing Needs Assessment for Tompkins County, completed in August 2006, identifies the need for almost 4,000 new non-student housing units over the next ten years, over half of which need to be affordable to households making 80% or less of median household income, and WHEREAS, since June 2006, City of Ithaca Mayor Carolyn Peterson has sponsored five forums on matters related to the need for and provision of housing, particularly affordable housing, and WHEREAS, the 2006 Tompkins County Economic Development Strategy, adopted by the Legislature in October 2006 and supported by the Common Council in November 2006, identifies the need to “increase and diversify housing supply” as one of three top economic development goals, and WHEREAS, the County Planning Advisory Board reviewed a draft strategy to meet this housing need which has been amended to reflect further input from municipalities and community organizations, and WHEREAS, the City’s Planning and Economic Development Committee has discussed drafts of this housing strategy at its February 21 and May 16 meetings, and WHEREAS, committee members’ concerns about the impacts of housing location on traffic and their suggestions for minimizing those impacts through the location of new housing more convenient to employment centers have been incorporated into the strategy, and WHEREAS, it is understood that the Housing Strategy for Tompkins County is a starting point for addressing this critical community need and will evolve and be refined over time; now, therefore, be it RESOLVED, That this Common Council endorses and supports the Housing Strategy for Tompkins County, as revised June 19, 2007. Alderperson Tomlan explained that Tompkins County Legislature added the following statement to the Housing Strategy: “Housing should be constructed as energy efficient as possible to assure long term affordability and sustainability”. She explained that this new language was included in the version that was adopted by the Planning Committee. July 5, 2007 6 Amending Resolution: By Alderperson Coles: Seconded by Seger RESOLVED, That the second to the last Whereas Clause be amended to read as follows: “WHEREAS, committee members’ concerns about the impacts of housing location on traffic and their suggestions for minimizing those impacts through the location of new housing more convenient to employment centers have been partially incorporated into the strategy, and” Alderperson Coles stated that the topography of the area does not allow for easy access from one end of the city to the other. She voiced concern over traffic issues and stated that the Route 96 corridor study being proposed by the County will only partially address existing problems that should be included in the County’s housing plan. She further expressed her opinion that not all of the concerns have been incorporated into the strategy. A vote on the Amending Resolution resulted as follows: Ayes (8) Coles, Seger, Berry, Clairborne, Townsend, Gelinas, Korherr, Cogan Nays (2) Tomlan, Zumoff Abstentions (0) Carried (8-2) Main Motion As Amended: A Vote on the Main Motion As Amended Resulted as follows: Carried Unanimously 10. CITY ADMINISTRATION COMMITTEE: 10.1 Participation in the Route 96 Corridor Management Study - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, Route 96 is a primary route into the City of Ithaca from northwestern portions of Tompkins County and beyond, and WHEREAS, further development along and in the vicinity of Route 96 is anticipated, particularly to meet the county’s identified housing needs, and WHEREAS, such anticipated growth under present conditions can be expected to increase traffic congestion and impact livability along the Route 96 corridor, and WHEREAS, the Tompkins County Department of Planning has proposed a study that would evaluate impacts associated with development in the Route 96 corridor from the Village of Trumansburg to the intersection with Route 13 in the City of Ithaca, and WHEREAS, the proposed study would examine means of mitigating those impacts, including land use regulations and transportation system improvements, and WHEREAS, this study would be conducted by a professional consultant with the guidance of a local client committee including representatives of the involved municipalities (Town of Ulysses, Town of Ithaca and City of Ithaca), Tompkins County, the Metropolitan Planning Organization (Ithaca-Tompkins County Transportation Council), and the NYS Department of Transportation, and, WHEREAS, it has been proposed that this study would be paid for with up to $25,000 in funding provided by the Tompkins County Department of Planning, matched by $8,000 from each of the involved municipalities with potential additional assistance from the Ithaca-Tompkins County Transportation Council or other sources, and WHEREAS, the Common Council is concerned about traffic congestion on Route 96 and in the western portions of the City and about the impacts of such congestion on City residents, and July 5, 2007 7 WHEREAS, the Common Council realizes that future land use and transportation decisions affecting Route 96 both within and outside of the City will produce further impacts within this municipality, and WHEREAS, City of Ithaca participation in the Route 96 Corridor Management Study will enhance the City’s ability to manage future land use and transportation decisions; now, therefore, be it RESOLVED, That the Common Council wishes to have the City of Ithaca participate in the Route 96 Corridor Management Study, with representation on the client committee, and be it further RESOLVED, That a sum of up to $8,000 be transferred from the unrestricted contingency line (#A1990) to the Office of the City Engineer fees line (#A1440 5430) to cover the cost of participation in the Route 96 Corridor Management Study, and, be it further RESOLVED, That the Superintendent of Public Works is hereby authorized, with review by the City Attorney, to enter into an agreement or contract with Tompkins County in order to participate in the abovementioned study, and, be it further RESOLVED, That the Superintendent of Public Works is hereby authorized and directed to pay expenses related to said study in an amount not to exceed $8,000. Amending Resolution: By Alderperson Coles: Seconded by Alderperson Korherr RESOLVED, That the third Resolved Clause be amended to read as follows: “RESOLVED, That the Mayor in consultation with the Superintendent of Public Works is hereby authorized, with review by the City Attorney, to enter into an agreement or contract with Tompkins County in order to participate in the abovementioned study, and, be it further” Carried Unanimously Alderperson Coles commented that this study is laudable, but it leaves out Routes 89 and 79. Alderperson Clairborne stated that he has mixed feelings about this study due to the way the resolution relates to the Tompkins County Housing strategy. He stated that he supports the goals of the study, but feels that the scope of the study falls short of the area that should be studied. Mayor Peterson noted that the Transportation Generic Environmental Impact Statement might give a broader view of entrances to the City and that the draft document is available for review. A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 10.2 Authorization of Capital Project #720 - Sidewalk Improvements in the 100 Block of North Aurora Street - Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, the Board of Public Works has received a petition from property owners and restaurant owners on the 100 block of North Aurora Street to widen sidewalks, and WHEREAS, the Board of Public Works authorized Engineering staff to prepare design alternatives and cost estimates for the project, and WHEREAS, in May and June 2007, the Board of Public Works selected a preferred alternative for the resetting of curb, additional sidewalk, tree plantings, and utilities, and WHEREAS, the Bicycle Pedestrian Advisory Council, the Disability Advisory Council, and the Commons Advisory Board have discussed and are in favor of the project, and July 5, 2007 8 WHEREAS, the cost of this project can be partially apportioned to abutting property owners under the Uniform Sidewalk Improvement policy in accordance with the City Charter, and WHEREAS, on June 20, 2007 the Board of Public Works held a public hearing and approved of this project and moves it forward to the City Administration Committee; now, therefore be it RESOLVED, That Common Council hereby approves and adopts the following plans (commonly designated Streetscape A-4) prepared by the Office of the City Engineer for the 100 block of North Aurora Street: - Reset curb and widen sidewalks, - Rehabilitate street trees and tree pits, and - Place underground conduit and bases for future street lighting noting that new street lighting should be installed reasonably soon thereafter, as funds become available, and it be further RESOLVED, That Common Council hereby authorizes that Capital Project #720 Sidewalk Improvements in the 100 Block of North Aurora Street be established in the amount not to exceed of $130,000 with the following project details: - that sidewalks be widened on the 100 block of North Aurora Street in accordance with Uniform Sidewalk Improvement policy, pursuant to plans and specifications prepared by the Office of the City Engineer and under the direction of the Superintendent of Public Works, - the Department of Public Works will use all efforts to recapture as much of this project cost from Water and Sewer, adjacent property owners, and other interested agencies and parties, and - the expanded use of the sidewalk for non-exclusive commercial purposes be included in the Board of Public Works ongoing discussion and deliberations with respect to licensing fees, and be it further RESOLVED, That funds necessary for said project shall be derived from existing authorized and bonded projects, sidewalk assessments and the issuance of serial bonds as follows: Water/Sewer Capital Project #612 $38,000 Sidewalk Assessments 13,000 Ithaca Downtown Partnership 14,000 City up front Bonding (General fund Advance) 74,000 $139,000 Alderperson Korherr thanked Doug Gruen, owner of Blue Stone Restaurant for all of his outreach work on this project. Alderperson Coles stated that she could now support the resolution as the costs to the City have been reduced, and she urged Common Council to support the project. Alderperson Korherr questioned whether the property owners have voiced their support for the project, as the sidewalk assessments will be charged to them. Mayor Peterson explained that the property owners would have an opportunity to follow the established appeal procedure through the Board of Public Works if they choose to do so. Alderperson Korherr asked what the up-front costs to the City were for this project. July 5, 2007 9 City Controller Thayer reported that the City would front the money from the general fund, and that reimbursement would be sought through bonds if needed. Alderperson Berry disclosed that her business is located on this block of North Aurora Street. She voiced her support for the project and thanked the members of City staff that worked so hard on the project. Alderperson Seger disclosed that his business rents a space in one of the buildings located on this block but that it is not a conflict for him to vote on this issue. He stated that he was lobbied heavily on this issue, which accommodates almost all of the needs in the area. A vote on the Resolution resulted as follows: Carried Unanimously 10.3 Ordinance to Amend Chapter 215, Article IV of the City of Ithaca Municipal Code entitled “Domestic Partnerships” section 215-23(B) regarding “Fees for Filing of Statements” By Alderperson Coles: Seconded by Alderperson Seger ORDINANCE NO. 07- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 215-23(B) of the City of Ithaca Municipal Code entitled “Filing of Statements; fees” is hereby amended to read as follows: B. Fees for statements. The City Clerk shall charge a fee of [$20] $25 for the filing of a domestic partnership statement and a fee of $5 for the filing of a termination statement. The payment of the above fee entitles the person filing a statement on behalf of the domestic partnership to two copies of the statement certified by the City Clerk. Certification of additional copies at that time or at any other time shall cost $1 per copy. Section 3. Severability. If any section, sentence, clause or phrase of the Ordinance hereby enacted 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 Ordinance. Section 4. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Alderperson Coles explained the fee structures of domestic partnerships and marriage licenses and stated that she concurs with the City Clerk’s recommendation to keep the domestic partnership fee at $25, as there is less administrative work involved. Alderperson Gelinas stated that the domestic partnership documents do not carry the same weight as marriage licenses and are not viewed the same by the State, so he does not believe that the cost should be the same as a marriage license. A Vote on the Resolution resulted as follows: Carried Unanimously 10.4 Request Funds for Workplace Violence Prevention Consultant - Resolution By Alderperson Coles: Seconded by Alderperson Korherr WHEREAS, in January 2006, the New York State Legislature enacted a workplace violence prevention law which became effective March 4, 2007, and WHEREAS, amongst the New York State Legislative findings and declarations in the workplace violence prevention law is that workplace assaults and homicides are a July 5, 2007 10 serious public health problem and that during the last decade, homicide was the third leading cause of death for all workers and the leading cause of occupational death for women workers, and WHEREAS, said workplace violence prevention law mandates that public employers must develop and implement programs to prevent workplace violence, and WHEREAS, said programs are mandated to consist of three (3) components; an evaluation of the workplace, a written workplace violence prevention policy, and training of all employees, and WHEREAS, the evaluation component mandates that every employer shall evaluate its workplace or workplaces to determine the presence of factors or situations in such workplace or workplaces that might place employees at risk of occupational assaults and homicides, and WHEREAS, the City of Ithaca has formed a committee of staff from the various City departments, including Police, Attorneys, Human Resources, GIAC and others, and a Common Council liaison to develop and implement programs to prevent workplace violence, such programs to consist of an evaluation of all City facilities, drafting and implementing a written workplace violence prevention policy, and providing information and training to all City employees on measures employees can take to protect themselves from risk of violence, including specific procedures implemented to protect employees and details of the written workplace violence prevention program developed by the City, and WHEREAS, said committee has determined that it does not have the expertise or the time to fully assess the risk factors in all the City facilities, and WHEREAS, the staff committee has contacted several consulting agencies who specialize in workplace violence risk assessment, and WHEREAS, the State of New York expects a risk assessment to be completed by all public employers before the end of July 2007 when the State intends to implement statewide regulations concerning workplace violence prevention programs; now, therefore be it RESOLVED, That Common Council authorizes the Director of Human Resources to hire a consultant to assess the risk factors for workplace violence in City facilities and to provide a report detailing such risk factors and recommending means to eliminate or mitigate said factors, and be it further RESOLVED, That the cost of said evaluation and report shall not exceed $10,000, and be it further RESOLVED, That up to $10,000 be transferred from account A 1990, unrestricted contingency, as payment to a workforce violence prevention consultant to account A1430-5435 Human Resources Contracts, and be it further RESOLVED, That the Mayor be authorized to execute a Professional Services Contract for a risk assessment evaluation on behalf of the City upon review and recommendation of the City Attorney’s Office. Alderperson Coles reported that the committee does not have the time or expertise to conduct this study. The committee is working very hard on this issue and the policy is currently being developed. Alderperson Berry stated that she hopes building security will be part of the study. A vote on the Resolution resulted as follows: Carried Unanimously July 5, 2007 11 10.5 A Resolution Authorizing the Issuance of an Additional $252,293 Bonds of the City of Ithaca, Tompkins County, New York, to pay Part of the Cost of the Design and Reconstruction of the South Aurora Street Bridge Over Six Mile Creek Project in and for said city By Alderperson Coles: Seconded by Alderperson Seger Specific object or purpose: Design and reconstruction of the South Aurora St. Bridge over Six Mile Creek Project Period of probable usefulness: 20 years, computed from August 4, 2005 Revised maximum estimated cost: $1,995,293 Amount of obligations to be issued pursuant to this resolution: $252,293 bonds WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize additional bonds for the financing thereof, now, therefore, be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the design and reconstruction of the South Aurora Street Bridge over Six Mile Creek Project, including incidental improvements and expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $252,293 bonds pursuant to the provisions of the Local Finance Law, which specific object or purpose is hereby authorized at the new maximum estimated cost of $1,995,293. Section 2. The plan for the financing of such $1,995,293 maximum estimated cost is as follows: a) By the issuance of the $913,000 bonds of said City heretofore authorized to be issued therefore pursuant to a bond resolution dated July 6, 2005; b) By the issuance of the additional $40,000 bonds of said City heretofore authorized to be issued therefore pursuant to a bond resolution dated July 5, 2006; c) By the issuance of the additional $790,000 bonds of said City heretofore authorized to be issued therefore pursuant to a bond resolution dated December 6, 2006; and d) By the issuance of the additional $252,293 bonds of said City herein authorized; provided, however, that the amount of obligations ultimately to be issued will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. Section 3 It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law, computed from August 5, 2005, the date of the first bond anticipation note issued therefore pursuant to the aforesaid bond resolution dated July 6, 2005. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. July 5, 2007 12 Section 5. Such bonds shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the City Clerk. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the City Controller shall deem best for the interests of the City. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Alderperson Coles stated that these bond resolutions authorize the issuance of bonds that are issued in January and August for projects that have already been approved. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Alderperson Coles – Aye Alderperson Seger – Aye Alderperson Berry - Aye Alderperson Clairborne – Aye Alderperson Zumoff – Aye Alderperson Tomlan - Aye Alderperson Gelinas – Aye Alderperson Townsend - Aye Alderperson Korherr - Aye Alderperson Cogan - Aye July 5, 2007 13 Carried Unanimously 10.6 A Resolution Authorizing the Issuance of $786,502 Bonds of the City of Ithaca, Tompkins County, New York, to pay the Cost of Certain Capital Improvements in and for said city By Alderperson Coles: Seconded by Alderperson Korherr WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; now, therefore, be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of paying the cost of certain capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $786,502 bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such capital improvements in accordance with the maximum estimated cost of each. The capital improvements to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of serial bonds to be authorized therefore, the period of probable usefulness of each, and whether said capital improvements are each a specific object or purpose or a class of objects or purposes is as follows: a) Purchase of portable radios for the Police Department, including incidental expenses in connection therewith, at a maximum estimated cost $60,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $60,000 bonds of the $786,502 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 25 of paragraph a of Section 11.00 of the Local Finance Law; and b) Sidewalk and pedestrian improvements on Rt. 13 at Dey and Third Streets, including design, sidewalks, ramps, curbing, drainage, railroad crossing improvements, pavement, guiderails, and incidental improvements and expenses in connection therewith, at a maximum estimated cost $726,502. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $726,502 bonds of the $786,502 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $786,502, and the plan for the financing thereof is by the issuance of the $786,502 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance Section 1 hereof. Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 4. Such bonds shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the City Clerk. July 5, 2007 14 Section 5. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the City Controller shall deem best for the interests of the City; including, but not limited to, the power to sell said serial bonds to the New York State Environmental Facilities Corporation. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Alderperson Coles – Aye Alderperson Seger – Aye Alderperson Berry - Aye Alderperson Clairborne – Aye Alderperson Zumoff – Aye Alderperson Tomlan - Aye Alderperson Gelinas – Aye Alderperson Townsend - Aye Alderperson Korherr - Aye Alderperson Cogan - Aye Carried Unanimously 10.7 A Resolution Authorizing the Issuance of $720,000 Bonds of the City of Ithaca, Tompkins County, New York, to pay the Cost of Construction of the Cayuga Waterfront Trail (Phase III) formerly known as Cass Park Waterfront Trail (Phase III) in and for said city By Alderperson Coles: Seconded by Alderperson Zumoff July 5, 2007 15 WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize additional bonds for the financing thereof, now, therefore, be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the construction of the Cayuga Waterfront Trail (Phase III) formerly known as Cass Park Waterfront Trail (Phase III), including incidental improvements and expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $720,000 bonds pursuant to the provisions of the Local Finance Law, which specific object or purpose is hereby authorized at the new maximum estimated cost of $1,877,724. Section 2. The plan for the financing of such $1,877,724 maximum estimated cost is as follows: a) By the issuance of the $677,724 bonds of said City heretofore authorized to be issued therefore pursuant to a bond resolution dated July 9, 2003; b) By the issuance of the additional $480,000 bonds of said City heretofore authorized to be issued therefore pursuant to a bond resolution dated December 6, 2006; and b) By the issuance of the additional $720,000 bonds of said City herein authorized; provided, however, that the amount of obligations ultimately to be issued will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law, computed from August 8, 2003, the date of the first bond anticipation note issued therefore pursuant to the aforesaid bond resolution dated July 9, 2003. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Such bonds shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the City Clerk. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the City Controller shall deem best for the interests of the City. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of July 5, 2007 16 the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Alderperson Clairborne stated that it would be good to know how much the public share of the costs are and how much of the cost will be reimbursed. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Alderperson Coles – Aye Alderperson Seger – Aye Alderperson Berry - Aye Alderperson Clairborne – Aye Alderperson Zumoff – Aye Alderperson Tomlan - Aye Alderperson Gelinas – Aye Alderperson Townsend - Aye Alderperson Korherr - Aye Alderperson Cogan - Aye Carried Unanimously REPORT OF CITY CONTROLLER: City Controller Thayer reported to Council on the following: The 2008 budget preparations are underway and the Mayor’s budget guidelines have been released. He stated that 2008 would be a difficult budget year. Department budgets are due August 1, 2007. Final taxable assessment for 2008 without a tax rate change would be a $138,000 increase in revenue from 2007. The tax levy increase is .86% Building permit fee revenues will be substantially decreased in 2008. The 2006 State Report is being worked on and the City Controller’s Office should be completely up-to-date on financial reports by the end of the year. Sales tax revenues are up 10% ($103,000) from last year. July 5, 2007 17 Meter Revenues up 5% over last year and are on pace to meet or exceed budget. Parking revenues are slightly under budget at this point and could be affected by the closure of the Dryden Road Garage. Health Insurance costs are within budget ($5.5 million). 11. ENVIRONMENT & NEIGHBORHOOD QUALITY COMMITTEE: 11.1 Adoption of the 2008 - 2012 Inter-Municipal Recreation Partnership Agreement - Resolution By Alderperson Korherr: Seconded by Alderperson Clairborne WHEREAS, the City of Ithaca is currently a member of the Inter-Municipal Recreation Partnership, and WHEREAS, the Recreation Partnership has been an excellent model of Inter-Municipal collaboration which enables the Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Newfield, and Ulysses, the Village of Lansing, and the City of Ithaca and Tompkins County to jointly plan, finance, and share a more diverse set of high quality recreation programs than any single municipality could offer on its own to thousands of youth each year, and WHEREAS, the current Inter-Municipal Recreation Partnership Agreement will end on December 31, 2007 and WHEREAS, the Recreation Partnership Board, comprised of representatives from participating municipalities wishing to continue this innovative partnership, has reviewed the current agreement and voted on June 7, 2007 to adopt the attached, updated Agreement for the period January 1, 2008 through December 31, 2012, and WHEREAS, municipalities in the Recreation Partnership value Tompkins County's commitment to building collaborative Inter-Municipal solutions to meeting needs of youth, and Tompkins County's contribution is essential in enabling smaller municipalities to participate affordably, and WHEREAS, the agreement must be approved by the elected governing body of each participating municipality to take effect, now, therefore be it RESOLVED, That the 2008 - 2012 Inter-Municipal Recreation Partnership Agreement is approved and be it further RESOLVED, in approving the Agreement, the City of Ithaca agrees to abide by its terms and conditions and be it further RESOLVED, That the City of Ithaca strongly urges Tompkins County to maintain its keystone financial and planning support for the Recreation Partnership and be it further RESOLVED, That a copy of this resolution be sent to the Recreation Partnership Board care of Tompkins County Youth Services Department at 320 W. State Street; Ithaca, NY 14850. Alderperson Korherr highlighted the main points of the agreement. Youth Bureau Director Green stated that in addition to solidifying relationships through a contract for services, the agreement would provide more predictability in revenue that the City could expect. Alderperson Zumoff stated that he would like to know what, if any, changes are made by the other municipalities as they adopt their Resolutions. Amending Resolution: By Alderperson Korherr: Seconded by Alderperson Coles RESOLVED, That the first Resolved clause be amended to read as follows: July 5, 2007 18 “RESOLVED, That the 2008 - 2012 Inter-Municipal Recreation Partnership Agreement as proposed is approved and the Mayor is authorized to sign the agreement provided that the terms of the agreement are substantially the same, and be it further” Carried Unanimously A Vote on the Main Motion as amended resulted as follows: Carried Unanimously 11.2 Off-Leash Dog Area – Seasonal Staff Assistance for Evaluating Current Conditions and Usage – Expenditure Not to Exceed $5,000.00 - Resolution By Alderperson Korherr: Seconded by Alderperson Berry WHEREAS, by resolution dated January 3, 2007, Common Council authorized the establishment of a capital project, in the sum of $5,000.00, for the creation of a permanent off-leash dog area, and directed that the cost of the environmental review of at least three potential sites for such a park be borne by said account; and WHEREAS, Planning Department staff has advised that significantly more funding may be needed to complete said review (and for the park itself); and WHEREAS, in light of this advice, the appropriate course of action for the City to pursue is currently under review and discussion by the Environment and Neighborhood Quality Committee; and WHEREAS, it appears that data on actual, current use of the temporary off-leash dog area at the Festival Lands, as well as on the behavior of off-leash dogs, vis-à-vis the adjacent State Park lands and more naturalistic areas which are not included in the designated, off-leash area, would be useful in evaluating potential impacts and could be gathered relatively quickly and at a relatively low cost; now therefore be it RESOLVED, That the Director of Planning is hereby authorized to use the capital project funds previously approved by Common Council, in the amount of up to $5,000.00, to ensure that data is gathered and reported, by a neutral observer (or observers) and by August 31, 2007, as to usage levels of the temporary off-leash dog area, at various, representative times (of the day and of the week), and as to the behavior of off-leash dogs, with regard to the adjacent State Park lands and adjacent or nearby, more naturalistic areas (e.g., the “tall grass” areas, the wooded areas, the “Hog Hole” wetland, and the Cayuga Lake shoreline). Alderperson Korherr explained that the committee is working hard to find a permanent location for the park. A set of parameters were adopted that would cost approximately $90,000 to study in an environmental review. The Committee felt the costs should not be borne solely by City residents, and felt that the money that was allocated should be spent to objectively study current behaviors. She further explained that TC Dog has filed for 501(C)(3) status to be able to raise funds for this project. A vote on the Resolution resulted as follows: Carried Unanimously COMMUNICATIONS & EMERGENCY SERVICES COMMITTEE: No items were submitted for the agenda. 14. NEW BUSINESS: 14.1 Request of Ithaca Asian American Association to Permit Wine Tasting and Sale of Bottled Wine at the 2007 Dragon Boat Festival on Inlet Island - Resolution By Alderperson Korherr: Seconded by Alderperson Clairborne WHEREAS, the Ithaca Asian American Association has requested permission for wine tasting and sales as part of the 2007 Dragon Boat Festival; now, therefore, be it RESOLVED, That the Ithaca Asian American Association be authorized to arrange for wine tasting and the sale of bottled wine at a booths during the Dragon Boat Festival on the Inlet Island, July 14, 2007, and, be it further RESOLVED, That the Ithaca Asian American Association and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into July 5, 2007 19 an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine on Inlet Island, and, be it further RESOLVED, That the Ithaca Asian American Association or the participating winery shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. Carried Unanimously 14.2 Alcohol Permit for Benchwarmers - Resolution By Alderperson Berry: Seconded by Alderperson Seger WHEREAS, Benchwarmers Restaurant on the Commons has requested an outdoor dining permit with permission for the sale and consumption of alcohol, 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 Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Benchwarmers 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 2007, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Benchwarmers Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 9-0 (Alderperson Tomlan absent from vote) INDIVIDUAL MEMBER – FILED RESOLUTIONS: There were no individual member filed resolutions MAYOR’S APPOINTMENTS: 16.1 Community Police Board: By Alderperson Cogan: Seconded by Alderperson Seger RESOLVED, That LaBerta McGruder be appointed to the Community Police Board to fill a vacancy with a term to expire December 31, 2008. Carried Unanimously 9-0 (Alderperson Tomlan absent from vote) REPORT OF CITY ATTORNEY: City Attorney Hoffman reported to Council on the following items: An Article 78 lawsuit has been filed against the Board of Zoning Appeals regarding a variance request for 410 West Seneca Street that was denied in May, 2007. City Attorney Hoffman will appear before Judge Mulvey on this case at the end of August. The Tompkins County Assessment Department notified the City that 5 city-owned parcels were being re-classified and will become taxable upon review. One parcel is currently licensed as a parking lot and the taxes will be incorporated into the license fee. The other four parcels were appealed. The City won the appeal on two adjoining parcels on the condition that they will be consolidated with larger Six Mile Creek July 5, 2007 20 property. The City lost the appeal for two other parcels that were declared surplus land with no benefit to the public. MINUTES FROM PREVIOUS MEETINGS: 21.1 Approval of the June 6 and 13, 2007 Regular Common Council Meeting Minutes – Resolution By Alderperson Berry: Seconded by Alderperson Zumoff RESOLVED, That the Minutes of the June 6 and June 13, 2007 Regular Common Council Meeting be approved with noted corrections. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 9:30 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor