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HomeMy WebLinkAboutMN-CC-2007-08-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. August 1, 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 Community Development Director – Bohn Superintendent of Public Works – Gray Deputy Director for Economic Development – DeSarno City Planner - Nicholas 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: Alderperson Korherr requested the deletion of Item 12.1 - An Ordinance to Amend Chapter 346 of the City of Ithaca Municipal Code entitled “Vehicles & Traffic” Sections 346-1(B) and 346-3(M) Regarding Car Sharing as the committee didn’t have time to structure the definition of a car-sharing organization. No Council Member objected. PROCLAMATIONS/AWARDS: Mayor Peterson presented Quarterly Employee Recognition Awards to the following staff members: The Group Award was presented to Greater Ithaca Activities Center (GIAC) staff members Jenna Stroud, Reuben Sierra, Donya Welch, Lana Milton, and Travis Brooks for the development and implementation of a formal event for pre-teens involved in the youth program at GIAC. The formal event included tuxedos, cocktail dresses, a limousine, presentations, and dinner. The event was extremely well done and had a very positive effect on the youth who were able to participate. The Individual Award was presented to the City Attorney’s Office Legal Assistant, Dawn Tordel in recognition for her increased work load handling increased Freedom of Information Requests (FOIL) from the Ithaca Journal on a daily basis for numerous police records. Since April 2, 2007 the City has received ninety (90) FOIL requests from the Ithaca Journal. Each report generated by this request requires very careful scrutiny and redaction of sensitive information that sometimes contains very disturbing information. Dawn accomplished this onerous task without complaint and never missed a deadline. She has managed to maintain a positive attitude and get her other work done. She deserves this special recognition for her handling of this difficult and unique burden with great skill, professionalism, and grace. SPECIAL ORDER OF BUSINESS: There were no items for special order of business on the agenda August 1, 2007 2 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Presentation by Southwest Selection Committee of their Recommendation for Preferred Master Planner and Developer for the Southwest Area Urban Neighborhood Chair of Southwest Selection Committee, Scott Whitham and City Planner Lisa Nicholas presented to Common Council the Southwest Selection Committee’s recommendation for a Preferred Master Planner and Developer for the Southwest Area Urban Neighborhood. The Committee unanimously selected McCormack Baron Salazar out of St. Louis, Missouri because their firm and partners were unique among the responders to the RFQ (Request for Qualifications) in their depth of experience, reputation, and demonstrated success in master planning, urban design, public process, mixed-use development, economically, racially, and culturally integrated and environmentally sustainable housing development. Individually and together the team members have a long history and proven commitment to the concepts set forth in the SW Vision Statement and the RFQ. They further explained that the Selection Committee strongly feels that a partnership with McCormack Baron Salazar and their team offers the City of Ithaca the best opportunity to realize the intended vision for the Southwest Area. Mr. Whitham explained how the committee developed the criteria for the request for qualifications (RFQ) for this project. They also noted the community representatives that served on the Selection Committee: Scott Whitham, Chair, The Thomas Group Maria Coles, Common Council Member Milton Curry, Cornell University Dept. of Architecture/Cornell Council on the Arts Fernando deAragon, Ithaca-Tompkins County Transportation Council David Kay, Bicycle/Pedestrian Advisory Council/Planning and Development Board Jean McPheeters, Tompkins County Chamber of Commerce Brad Olson, Cornell University Program in Real Estate Rob Steuteville, Editor of the New Urban News Mayor Peterson explained that this is the beginning of a long venture for the city that will require community input and recommendations. She clarified that the proposed area of development is a clean-fill area that includes bricks and tree stumps, and was not a dump. Discussion followed on the floor regarding how the interview process took place, the commitment involved in the design and implementation of the project and the strong interest in building a diverse neighborhood with a commitment to environmental responsibility and LEED certification. Alderperson Tomlan thanked Mr. Whitham and members of the Selection Committee for all of the time they spent while conducting lengthy interviews and deciphering lots of information and materials. She further thanked City Planner Nicholas for keeping the lines of communication open and her work on document revisions. Alderperson Townsend questioned whether a Request for Proposals from an informed Request for Qualifications would be a more efficient way of proceeding. Mr. Whitham responded that the Southwest Vision Committee wanted community involvement in the development of the project so that is why they chose this path. Alderperson Tomlan questioned whether anyone had visited any of the McCormack sites. Mr. Rob Stueteville noted that he had visited a Pittsburgh project, Crawford Square, over ten years ago which was successful in reconnecting a number of pieces of Pittsburgh infrastructure. Alderperson Townsend further questioned how McCormack would be able to dedicate time to our project when they are currently working on a significant waterfront development project in Washington, D.C. Mr. Whitham responded that McCormack Baron Salazar is a large firm with many resources and is planning to open a local office during the project. August 1, 2007 3 5.2 Update from Natural Areas Commission by Zev Ross, Chair Chair Ross addressed Council on the following items:  He thanked the City Clerk’s office for their additional work with the Board of Public Works and Dept. of Public Works  The Natural Areas Commission (NAC) is actively participating in the decision making process regarding the Water Plant. The NAC has concluded that to re- build the Water Plant in its current location would be more detrimental to the natural area than purchasing water from Bolton Point.  The NAC has developed draft guidelines for workers to follow when working in the natural areas to minimize damage. This item will be discussed at a future Board of Public Works meeting.  The NAC is also developing a perimeter of protection around certain natural areas to limit invasive species and protect the resources.  The NAC would like to integrate development with under utilized recreational natural areas as development takes place in the Southwest Area. 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Frances Weissman, City of Ithaca, addressed Council regarding the Exterior Maintenance Ordinance and suggested changes to the legislation regarding a skirting requirement around buildings and porches. Doria Higgins, Town of Ithaca, addressed Council regarding the proposed Stewart Park docking facilities. She stated that she is opposed to the additional parking lots that such facilities would require. She further stated that the coastline of the park is in deteriorated condition and should be cleaned-up. Joel Harlan, Town of Newfield, addressed Council regarding the Inlet Island and Southwest Park Development and the need for a community center in each of the city neighborhoods. Ray Schlather, City of Ithaca, addressed Council in opposition to the proposed Inlet Island resolution and stated that he hopes that Common Council will listen to the concerns voiced by Alderperson Seger. He further stated that the project is not a public project and noted that the public parking in the Boatyard Grill area has become private in use. He further stated that the use of this site for a hotel, condominiums, and apartments would only be for the elite. Scott Noren, Town of Ithaca, addressed Council regarding the proposed Inlet Island project and stated that it will not be of benefit to the lower income people of Ithaca. He further stated that a community based project should be developed to reduce the amount of violence that youth in the area are involved in. Peter Meyers, Coordinator of the Workers Center, addressed Council to explain that the Center feels strongly that preferred development tax abatements should not be awarded unless the developer agrees that the proposed hotel would pay a living wage to its employees. Frost Travis read a statement from Mack Travis, who was not able to attend the meeting. The statement explained the description of the Trowbridge/Transik vision of Inlet Island and that public/private partnerships are difficult. The statement indicated Mr. Travis’ support for Finger Lakes Development and noted that site control, which the preferred developer status would provide, is needed in order to proceed. John Graves, City of Ithaca, addressed Council regarding the proposed Inlet Island Development. He stated that there was only one qualified developer to consider and only one public hearing on this project. He feels that this should be an open competition and that the process should be started over. Ronniesha Butler, addressed Council speaking on behalf of hotel workers and stated that paying a living wage to the employees of the proposed hotel is the responsible August 1, 2007 4 thing to do. She noted that the work is hard and many workers have to hold multiple jobs to pay their bills as most are paid the minimum wage of $5.75 per hour. Guy Gerard, City of Ithaca, addressed Council in opposition to the Inlet Island development proposal and submitted a written address to Common Council members detailing his thoughts. George McGonigal, City of Ithaca, addressed Council to request that they refuse to approve the developer agreement. He stated that Inlet Island is the western gateway to the City and the area should be developed for the people who live here. He offered suggested uses such as miniature golf, batting cages, ice cream shop, and crab shack as examples. Steve Flash, Town of Ithaca – Preferred Developer for Inlet Island - addressed Council to state that he is a native Ithacan and understands the community. The proposed agreement gives him the opportunity to pull all of the plans, discussions, and ideas that have been made throughout the years into something that will work in that area. He stated that he is committed to paying a living wage to any employees working in the developed area. He encouraged Council to support his proposal. Joe Lavin, Potomac, MD, addressed Council in support of the development agreement. He stated that Finger Lakes Development is interested in building a hotel in Ithaca and that he is intrigued by the uniqueness of the site and the success of the Boatyard Grill. The process allows for a tremendous amount of public input and encouraged Council’s commitment to help complete the project. Pam Mackesey, City of Ithaca, addressed Council to request that preferred developer status not be offered to Finger Lakes Development. She stated that the site should be treasured and should not include a five story hotel. Jeff Furman, City of Ithaca, addressed Council regarding the Inlet Island Development project. He stated that Council should make paying a livable wage a binding element of the written agreement and commit to it as well as to follow established procedures for diversity recruitment in hiring employees. He stressed that justice must be provided for all hotel workers. Claudia Brenner, Town of Ithaca, addressed Council regarding the Inlet Island project and offered the following creative suggestions to address the space and parking challenges of the site: utilization of Cass Park parking, mimicking the Route 89 Bridge for pedestrian access to Inlet Island, and rental of electric vehicles. Fay Gougakis, City of Ithaca, addressed Council to voice the following concerns regarding Inlet Island: the City would not be paid for the land and the developer has the potential to make a lot of money. She further stated that the “seize the opportunity” mentality must not control decisions, and voiced her opposition to the height of the hotel. Cathy Schlather, City of Ithaca, addressed Council regarding her opposition to the hotel being built on Inlet Island. She stated that hotels are not destinations. People stay in hotels to see something else. She further stated that this area is the last piece of developable land on the waterfront and as such should be developed for local residents and so that it becomes a tourist destination. 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Korherr responded to comments made regarding the Exterior Property Maintenance Ordinance and offered to place that item on the Environment and Neighborhood Quality Committee agenda for August 27, 2007 meeting. She also thanked the speakers for their thoughts and comments on the proposed Inlet Island development. She stated that this area is a valuable community resource and the proposed project would block views of the inlet and lake. She further stated that green spaces are very important to the community and that she has not heard anyone from the public say that this is their vision for development of Inlet Island. August 1, 2007 5 Alderperson Zumoff responded to comments made regarding the Exterior Maintenance Ordinance and stated that concerns have been forwarded to the City Attorney for review. He further stated that comments have been made on information that doesn’t exist such as the design of the Inlet Island project. Many of the issues are a question of aesthetics and personal taste. He further stated that he has not heard anyone express their willingness to pay higher taxes in order to make this area into a public park and maintain it. Alderperson Coles reported that she has received e-mails from the business community that support the Inlet Island project however residents do not appear to support it. Alderperson Seger thanked the speakers for their comments and stated that he does not support the Inlet Island Project because it is too far removed from the initial vision for that area. Alderperson Tomlan responded to comments made regarding the Exterior Property Maintenance Ordinance and stated that the issue fell between the cracks when the committee structure was changed earlier this year. She further stated that she supports keeping parks as parks in reference to the idea of utilizing space in Cass Park for additional parking for the Inlet Island area. Alderperson Berry thanked the speakers for their comments. She stated that she concurs with Alderperson Seger’s thoughts on how development projects should proceed. She further stated that Common Council does not have an opportunity to intervene in projects once they have begun and if they try to, there is usually political fallout. Alderperson Clairborne thanked the speakers for their comments and stated that he would defer his comments about the Inlet Island development to later in the meeting. He reported that the GIAC building suffered a sewer main break which caused the building to be closed during repairs. The day camp activities were re-located to the Beverly J. Martin School. He reminded everyone that it was just a year ago that the masonry fell off the front of the building. He stated that the City needs to address its infrastructure problems and work to repair them. He further stated that he would like to see the projects and programs at GIAC enhanced and promoted more to keep area youth active in meaningful ways. Alderperson Clairborne also reported on his recent trip to his hometown of Coffeyville, Kansas where recent flooding has devastated the community. He stated that recovery is underway however there is a lot of work that needs to be done. He further noted that he made the trip to Coffeyville to visit his ailing mother, and stated that health care reform is desperately needed to assist people on fixed income as they deal with various health issues. Mayor Peterson noted in response to the inability to change projects, that Bloomfield & Schon were not the original preferred developer for the Cayuga Green Project and that development projects can be very complicated. She reported that the 7th Art movie theatre lease agreement was executed on July 16, 2007, and the real estate closing on Parcel E took place on July 26, 2007. The contractor is mobilizing equipment and securing the construction zone. Parcel D has received site plan approval. Mayor Peterson further reported that 2008 departmental budgets were due today and meetings with department heads have been scheduled to review their individual departmental budget requests. Recess: Common Council recessed the meeting at 9:15 p.m. Reconvene: Common Council reconvened the meeting at 9:30 p.m. August 1, 2007 6 8. CONSENT AGENDA ITEMS: There were no consent items submitted for the agenda Mayor Peterson suggested that Item 12.2 be considered next in consideration of the members of the public who have been waiting in audience for this item. No Council member objected. 12.2 Establishment of a Sister City Partnership Relationship between the City of Ithaca, New York and the 7th Ward of New Orleans, Louisiana - Resolution By Alderperson Korherr: Seconded by Alderperson Berry WHEREAS, the citizens of Ithaca have a tradition of developing Sister City partnerships between similar jurisdictions in other municipalities, including Eldoret, Kenya and Elios Pronni, Greece, as well as a tradition of participating in national and international affairs, including climate change and international conflicts, and WHEREAS, the Gulf Coast of the United States was devastated by Hurricanes Katrina and Rita in 2005, and WHEREAS, the 7th Ward of New Orleans, Louisiana, is a community that is desperately struggling to recover from the aforementioned hurricanes of 2005 and is receiving insufficient support to rebuild. They are an area of the City of New Orleans that has a history of lack of economic resources, lack of job opportunities, substandard schools, and elevated rates of crime. They were chronically underserved prior to the hurricanes of 2005 and continue to be so. Despite these difficulties, they have a strong community spirit and a desire to rebuild the 7th Ward stronger than it was before, and WHEREAS, the 7th Ward is similar in geographic size to Ithaca, NY, and WHEREAS, the 7th Ward is defined as being a section of New Orleans that stretches from the Mississippi River to Lake Pontchartrain. The eastern boundary is Elysian Fields Avenue, the boundary with the 8th Ward. The southwest boundary is Esplanade Avenue, the border with the 6th Ward. Where Esplanade Avenue meets Bayou St. John, the boundary follows the bayou north to Lake Pontchartrain, with the 5th Ward being across the bayou, and WHEREAS, Hurricane Katrina devastated the 7th Ward. Less than 50% of residents have been able to return home, due to lack of resources. Suicide, depression, alcohol and drug abuse, and violent crime have increased since the hurricanes of 2005. There are currently no public schools open in the 7th Ward and many children are going without an education. Helping organizations in New Orleans are overwhelmed and the help is not reaching the 7th Ward consistently or effectively. Residents are being actively discouraged from returning home, even though that is what they desire, and WHEREAS, the humanitarian efforts of St. John #5 Faith Church, led by Pastor Bruce and Deborah Davenport, have improved the lives of residents of the 7th Ward through various programs such as summer camps for youth, a shelter for homeless people living with HIV/AIDS as well as extensive outreach programs to prevent the spread of HIV/AIDS, a shelter for teenage mothers, substance abuse prevention and counseling, after-school tutoring, computer skills training, training for successful job interviews, aid to elders, a shelter for women and children, rehabilitation with adjudicated youth, and since 2005, disaster relief, and WHEREAS, St. John #5 Faith Church’s efforts are not restricted to any particular religion and are directed toward the long-term health, sustainability, and empowerment of their community, and WHEREAS, citizens of Ithaca, students and educators of Cornell University, students and educators of Ithaca College, students and educators in the Ithaca City School district, Ithaca city leaders, religious institutions, media leaders, and local businesses have collaborated to raise funds, collect material donations, rebuild homes in the 7th August 1, 2007 7 Ward, and raise awareness of the recovery process in the 7th Ward, working with St. John #5 Faith Church as their liaison to the 7th Ward, and WHEREAS, recent trips to the 7th Ward by Ithaca residents have helped expand relationships with more residents of the 7th Ward, as well as other key community leaders, and WHEREAS, local builders, teachers, social workers, experts in sustainable technology, experts in information technology, students in elementary, secondary, and higher education, business owners, realtors, bankers, political activists, and others have expressed an interest in supporting the recovery efforts of 7th Ward residents using both traditional and innovative means, and WHEREAS, members of the above-mentioned groups will visit the 7th Ward, work on recovery and sustainability projects, and support the efforts of St. John #5 Faith Church and other community leaders involved in humanitarian works, and WHEREAS, Ithaca-based volunteer group, Love Knows No Bounds, will coordinate and implement the above-mentioned projects, in collaboration with St. John #5 Faith Church and other organizations and businesses in the 7th Ward, and WHEREAS, the exchange of knowledge to develop sustainable housing, sustainable energy systems, enhanced and efficient communication tools within the 7th Ward, more efficient case management, improved educational opportunities, and community-based businesses, among other projects, will empower residents of the 7th Ward to rebuild their community with strength and longevity, and WHEREAS, Faculty, staff, and students of Cornell University, Ithaca College, TC3, and citizens of Ithaca have the resources and knowledge to share in the fields of sustainable housing, information technology, food production, education, case management, home building, and small business development that could enable residents of the 7th Ward to rebuild their homes and community, and to create a more self-sufficient, sustainable future for their youth, and WHEREAS, the development of a Sister City partnership relationship would increase the effectiveness of an atmosphere for mutual exchange, in which citizens of the 7th Ward and of Ithaca, NY would benefit from increased learning opportunities, mutually beneficial relationships, and mutual community empowerment, and WHEREAS, Mayor Carolyn Peterson, of Ithaca, NY has contacted Mayor C. Ray Nagin, of New Orleans, LA to solicit his endorsement of this relationship and his support of such an alliance, and WHEREAS, Ithaca would be the first city in the United States to officially form a Sister City relationship with an area of the United States devastated by the hurricanes of 2005 and could thereby provide a model of relief and recovery efforts for other communities to follow, now therefore be it RESOLVED, That a Sister City relationship is hereby established between the City of Ithaca, NY and the 7th Ward of New Orleans, LA that would create an alliance between the citizens of each, would encourage the exchange of knowledge and resources between the two communities, provide a means for uniting citizens of both communities around the common goal of recovery from the devastation of the hurricanes of 2005, and be a model for a direct community-to-community alliance in response to catastrophic events which can be of benefit nationally and internationally in the future. Alderperson Korherr thanked Mike Ellis, Director of Love Knows No Bounds, for bringing this initiative to the City of Ithaca. Alderperson Berry stated that she is very pleased to be doing this and thanked the Mayor for holding a community forum on this issue. She stated that the Davenport’s are very inspirational and the 7th Ward residents of New Orleans are hopeful for the future. August 1, 2007 8 Mayor Peterson stated that she is still trying to contact Mayor Nagin, but he has been out of town. His office is looking for more information on the initiative. A vote on the Resolution resulted as follows: Carried Unanimously 9. COMMUNICATIONS & EMERGENCY SERVICES COMMITTEE: 9.1 Time Warner Cable and Cable Access Oversight Committee: Alderperson Clairborne reported that the Communications and Emergency Services Committee met with Time Warner General Manager Thomas Doheny and members of the Cable Access Oversight Committee to discuss the relationship between the two groups and concerns regarding a proposed cut in hours to the Access Studio and the City’s ability to access approximately $133,000 in funds from the previous franchise agreement. A follow-up meeting between the City and Time Warner Cable will be scheduled to discuss these issues further. 9.2 Support for Incident Command Mobile Vehicle: Alderperson Clairborne reported that the Ithaca Police Department made a presentation to the Communications and Emergency Services Committee regarding the need for a new mobile incident command vehicle. They have submitted a joint capital project request with the Fire Department as both departments would be able to utilize this vehicle for large-scale emergency response purposes. Both departments are working hard to find additional funding sources so that the City will not have to bear the entire cost of the vehicle. 10. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Authorization of a Grant Submission for Park Development under the Environmental Protection Act and Land and Water Conservation Fund, for the Design and Construction of the Stewart Park Performance Pier and Canoe/Kayak Launch - Resolution By Alderperson Tomlan: Seconded by Alderperson Seger WHEREAS, The New York State Department of State has announced the availability of grant funding for Parks Development under the Environmental Protection Act and Land and Water Conservation Fund, and WHEREAS, Common Council desires to submit an application for the design and construction of a performance pier and canoe/kayak launch at Stewart Park, and WHEREAS, this project furthers the City’s goal of providing improved waterfront access to all citizens and visitors, including children and those with mobility impairment, and WHEREAS, this project implements the Local Waterfront Revitalization Program: Cayuga Lake Waterfront Plan by (1) furthering progress on the Cayuga Waterfront Trail, a six-mile multi-use loop that connects all significant attractions and interprets historic resources along Ithaca’s waterfront, and (2) restoring meaning to a site around the park pavilions that has lost its historic function for gathering, performance and viewing Cayuga Lake, and WHEREAS, Common Council recognizes that completion of environmental review will be required for this project, if the funding sought herein is awarded; now, therefore, be it RESOLVED, That H. Matthys Van Cort, as Director of Planning & Development for the City of Ithaca, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation, in accordance with the provisions of Title 11 of the Environmental Protection Act of 1993, in an amount not to exceed $158,110, for the purpose of designing and construction a performance pier and canoe/kayak launch at Stewart Park, and be it further August 1, 2007 9 RESOLVED, That in the event that said funds are awarded, and pending completion of environmental and any other required review, the local share associated with this project will be derived from City of Ithaca financing in the form of the previously- approved Capital Project #706 (Ithaca Youth Bureau Dock - $40,000), in-kind services ($68,110), and community contributions through the Cayuga Waterfront Trail Initiative and the Tompkins County Chamber of Commerce ($50,000). Alderperson Tomlan explained that the grant money would provide event space on the Cayuga Waterfront Trail and a kayak launch for direct access to the waterfront. A Vote on the Resolution resulted as follows: Carried Unanimously (9-0) Alderperson Gelinas absent from vote 10.2 Proposed Determination that Certain City Property on the 100 Block of South Aurora Street Is Surplus and Should Be Conveyed to the Ithaca Urban Renewal Agency for Possible Sale – Declaration of Intent to be Lead Agency – Resolution By Alderperson Tomlan: Seconded by Alderperson Korherr WHEREAS, the Board of Public Works, by resolution dated June 13, 2007, has determined that continued City ownership of a small area of City-owned land to the west of the public sidewalk along the west side of the 100 block of South Aurora Street (which area of land is shown as “Parcel A” on the “Survey Map Showing Lands of City of Ithaca Located on South Aurora Street – City of Ithaca, Tompkins County, New York,” prepared by T.G. Miller P.C., and dated July 3, 2007) is not necessary from a public works standpoint, provided that any sale of such land is made subject to certain conditions as set forth in that resolution, and WHEREAS, the City of Ithaca is considering declaring the aforementioned parcel of land to be surplus, and disposing of it by conveying title thereto to the Ithaca Urban Renewal Agency (“IURA”), for possible sale by that agency to an eligible and qualified sponsor of an appropriate urban renewal project which would involve that site, subject to conditions substantially the same as those recommended by the Board of Public Works, and WHEREAS, the State Environmental Quality Review Act and the accompanying regulations set forth in 6 NYCRR Part 617, as well as Chapter 176 (“Environmental Quality Review”), Section 176-6, of the City Code of the City of Ithaca, require that a lead agency be established for the purpose of conducting environmental review of any proposed, non-exempt action, and WHEREAS, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action, and WHEREAS, this is an Unlisted Action pursuant to the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) and the New York State Environmental Quality Review Act (“SEQRA”), thereby requiring review under both CEQRO and SEQRA, and WHEREAS, if the IURA determines that the aforementioned parcel should be sold to a particular eligible and qualified sponsor for development of a proposed urban renewal project, any such sale will require subsequent approval by Common Council, at which time the specifics of any proposed development will be known and can be the subject of further environmental review; now, therefore, be it RESOLVED, That the City of Ithaca, by way of this resolution, declares its intent to act as Lead Agency for the environmental review of the proposal that the aforementioned City-owned parcel of land be determined to be surplus, and that title thereto be conveyed to the Ithaca Urban Renewal Agency (“IURA”), for possible sale by that agency to an eligible and qualified sponsor of an appropriate urban renewal project which would involve that site, such sale to be subject to conditions substantially the same as those recommended by the Board of Public Works, and be it further August 1, 2007 10 RESOLVED, That the environmental review of any specific, proposed development involving the subject parcel by a qualified and eligible sponsor selected by the IURA, be conducted separately from and subsequent to this review, once the details of any such proposed development are known and in any case prior to the required approval, by Common Council, of any conveyance of the subject parcel to such a sponsor by the IURA. Carried Unanimously (9-0) Alderperson Gelinas absent from vote 10.3 Authorization of Preferred Developer Agreement, Inlet Island Waterfront Development Site – Resolution By Alderperson Tomlan: Seconded by Alderperson Zumoff WHEREAS, the Inlet Island Urban Design Plan, which was adopted by the Common Council on November 4, 1998, calls for the revitalization of Inlet Island by development of an attractive, pedestrian-scale, urban waterfront mixed-use neighborhood, featuring waterfront-enhanced private sector uses linked by a public waterfront promenade, and WHEREAS, a site exists on Inlet Island for potential development or redevelopment, which site encompasses approximately 2.5 acres, and consists of part or all of Tax Map Parcels #52.-1-1.2 and 43.-1-4, owned by the City of Ithaca (“City”), and Tax Map Parcels #52.-1-1.1 and 52.-1-1.3, owned by the Ithaca Urban Renewal Agency (“IURA”), and which site could be supplemented by an additional, adjoining parcel (Tax Map Parcel #43.-1-5), currently owned by the State of New York, and WHEREAS, on December 7, 2005, the Common Council authorized the issuance of the Inlet Island Commercial Waterfront Development Request for Proposals (“RFP”), regarding development of this site, and authorized the Mayor to appoint a Selection Committee to review the responses to the RFP, and to make a recommendation for a preferred developer to the Common Council and the Ithaca Urban Renewal Agency, and WHEREAS, the City issued the RFP, and received three proposals; one was an incomplete proposal, and one was withdrawn, leaving one complete proposal, submitted by Stephen Flash, in the name of Finger Lakes Development, a prospective limited liability company, and WHEREAS, it is the intention of Stephen Flash to form Finger Lakes Development (“FLD”) as a limited liability company with Stephen Flash as managing member, one of the three original members of Marina Realty of Ithaca, LLC, the company that completed environmental remediation for and development of the Boatyard Grill Restaurant and that owns and manages the Ithaca Boating Center marina, and WHEREAS, the FLD proposal (dated 2/28/06) was reviewed by the Selection Committee, which included the City’s consultant from the National Development Council, a representative of the Ithaca Downtown Partnership, a Common Council member, an IURA member, a representative from the Chamber of Commerce, a member of the City’s Conservation Advisory Council, and a member of the Tompkins County Cayuga Lake Watershed Network, and WHEREAS, the initial FLD proposal included environmental remediation of the site; development of a 5-story building including an approximately 105-room nationally- franchised hotel and 15 condominium units, by Cayuga Visions, LLC, which entity will be the ultimate owner and operator of this portion of the project; development of a 5-story, 60,000-square-foot, multi-use building including, retail, office, and museum uses, by Social Ventures, Inc.; enhanced public access to the waterfront; and surface parking sufficient for this proposed project; and, on an adjacent site owned by a separate entity also managed by Stephen Flash, renovation and upgrading of the area now occupied by the Ithaca Boating Center’s covered marina structure, and WHEREAS, following discussions with the Selection Committee and review of the Planning and Development Department’s study of parking supply and demand on Inlet August 1, 2007 11 Island (and its recommendation that the City retain a portion of the development site for provision of public parking), FLD revised and scaled down its proposal such that it includes the following:  environmental remediation of the development site,  development of 100-room hotel,  development of 15 condominium units,  potential development of some retail use consistent with the waterfront environment,  provision of sufficient parking associated with the above development,  enhanced public access to the waterfront, and, on the adjacent Ithaca Boating Center site:  renovation and upgrading of the existing covered marina structure, and  potential construction of approximately 12 apartments over the existing marina structure, and WHEREAS, on October 4, 2006, the Common Council approved the designation of Stephen Flash (and FLD, as his assignee) as the Preferred Developer for the Inlet Island Waterfront Development, with the recognition that the revised FLD proposal “is not in complete alignment with the City’s original vision for development on Inlet Island” and that FLD and the City and IURA would need to work toward an agreement on certain concerns raised by the Selection Committee, including:  Urban design,  Employment, including workforce diversity and living wages,  Project scale,  Public access, especially by alternative transportation means, including by foot, bicycle, boat and bus,  Public spaces,  Environmental concerns, and  Project accessory uses, and WHEREAS, in its October 4, 2006, resolution, Common Council authorized and directed the Mayor, with the advice of the City Attorney, to negotiate an exclusive Preferred Developer Agreement with Stephen Flash (or his City-authorized designee), the terms of which would require Common Council approval prior to execution, and WHEREAS, the City Attorney, IURA staff and Stephen Flash have negotiated the essential terms of a proposed Preferred Developer Agreement, intended to address the concerns previously identified by the Selection Committee and Common Council, and which terms are summarized in the attached “Inlet Island Preferred Developer Agreement – Summary of Proposed Terms,” dated July 18, 2007; now, therefore, be it RESOLVED, That the Mayor, with the advice of the City Attorney, is hereby authorized to execute an exclusive Preferred Developer Agreement, for the Inlet Island development site, with Finger Lakes Development, LLC (as successor to Stephen B. Flash), provided that the terms thereof are in substantial conformance with the terms described in the document known as “Inlet Island Preferred Developer Agreement – Summary of Proposed Terms,” dated July 18, 2007, which is incorporated herein by reference. Alderperson Tomlan explained that this item comes to Common Council from the Planning and Economic Development Committee without a recommendation. She reviewed the summary of proposed terms of the Inlet Island Preferred Developer Agreement. Alderperson Coles stated that the language on page 10 of the agreement should be clarified to read, “surface parking lot” instead of “public parking facility.” Community Development Director Bohn responded that this was an oversight and has been changed. August 1, 2007 12 Amending Resolution: By Alderperson Coles: Seconded by Alderperson Seger RESOLVED, That two additional Whereas Clauses be added to the resolution after the 9th Whereas Clause that would read as follows: “WHEREAS, the Preferred Developer shall, at a minimum, as the Preferred Developer promised at the Common Council meeting on August 1, 2007, to pay a living wage to all its employees at this site, and WHEREAS, the Preferred Developer shall, across all pay grades, strive to employ a workforce which will be representative of the City of Ithaca’s diverse demographics, and” and, be it further RESOLVED, That the second bulleted item underneath the 9th Whereas Clause be deleted. Alderperson Zumoff stated that he agrees with the concept of the amendment wholeheartedly however the City Attorney has determined that it may not be legal to include the diversity requirements for employment opportunities in the agreement and further noted that it would be difficult for the City to enforce. City Attorney Hoffman explained that the highest courts have determined that it is discriminatory to impose a quota of people based on race and ethnicity. He further stated that he has conducted research regarding the requirement for the developer to pay a livable wage to the employees but he is not sure how the City could enforce the agreement to pay a livable wage except by going to Court for breach of agreement. He further stated that adding these requirements to the resolution as Whereas Clauses would not be effective as action related items should be contained in the Resolved Clauses. Alderperson Seger stated that he agrees with adding the language to the Resolution for symbolic purposes but also thinks that it should be placed in the developer agreement as well. He stated that penalties should be explored if the terms of agreement are not met. Alderperson Gelinas stated that this language should be included in the resolution to show the developer’s intention to pay a living wage. Alderperson Clairborne stated that he is supportive of the amendment and that page three of the agreement already addresses these issues and suggested that language be modified as appropriate. Alderperson Tomlan explained the endorsement procedure might be the appropriate place to indicate the City’s directive as that is the time when Common Council has an opportunity to vote on the project. City Attorney Hoffman stated that language could be added regarding the developer’s commitment to paying a living wage and the use of hiring practices intended to foster diversity in the workforce in the resolution as they are goals crucial to Common Council members. If a living wage requirement were to be made, it should be included in a contractual agreement with penalties for violations. Alderperson Cogan stated that the language should be kept in the Whereas clause to make it part of the record, and the language should also be included in the preferred developer agreement. Alderperson Korherr stated that she believes in the concept of the project but questioned what the City could do to enforce requirements in the agreement if the developer fails to comply. August 1, 2007 13 Alderperson Berry requested that the hotel issue be clarified and asked if other developments were still possible. Community Developer Director Bohn explained that the proposed project includes: An 80-100 room anchor hotel, 15 condos, accessibility to the waterfront, improvements to accessory buildings to include apartments and retail space. Call the Question: By Alderperson Seger: Seconded by Alderperson Cogan RESOLVED, That the Question be called on the Amending Resolution. Carried Unanimously A vote on the Amending Resolution resulted as follows: Carried Unanimously Amending Resolution: By Alderperson Seger: Seconded by Alderperson Clairborne RESOLVED, That the Resolved Clause be amended to read as follows: “RESOLVED, That the Mayor, with the advice of the City Attorney, is hereby authorized to execute an exclusive Preferred Developer Agreement, for the Inlet Island development site, with Finger Lakes Development, LLC (as successor to Stephen B. Flash), provided that the terms thereof are in substantial conformance with the terms described in the document known as “Inlet Island Preferred Developer Agreement – Summary of Proposed Terms,” dated July 18, 2007, which is incorporated herein by reference, and as further modified to include provisions for a livable wage for all individuals who work in any aspect of the project both in construction and in post- construction operation.” Mr. Flash explained that the proposal for endorsement would include a contract regarding the payment of a living wage. He further stated that enforceability comes from abatements and that a deed restriction is not needed. The language regarding diversity recruitment and hiring practices would be included at the endorsement stage of the project. Call the Question: By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That the Question be called on the Amending Resolution. Carried Unanimously A Vote on the Amending Resolution resulted as follows: Ayes (5) Seger, Coles, Berry, Clairborne, Korherr Nays (5) Cogan, Tomlan, Gelinas, Townsend, Zumoff Abstentions (0) Mayor Peterson voted Nay to break the tie vote Motion Failed Motion to Extend Meeting to Midnight: By Alderperson Cogan: Seconded by Coles RESOLVED, That the meeting be extend to midnight. Ayes (7) Cogan, Coles, Seger, Clairborne, Zumoff, Tomlan, Gelinas Nays (3) Berry, Townsend, Korherr Abstentions (0) Carried Alderperson Coles explained that the project would consist of a 100-105 room hotel with parking underneath, 15 condos on top of hotel, a city-owned parking lot, 12 apartments on top of Marina Realty buildings and the developer will be cleaning up a Brownfield area. She stated that in her opinion the City would be cleaning up the Brownfield area via the transfer of property to the developer at no cost and the developer is mandating the size of the building due to the expected clean-up costs. She further explained that August 1, 2007 14 the developer would receive a 10% discount of the total cost of the project in abatements. The City would receive a 25 foot wide trail (promenade) in return. She stated that the developer should go back to the drawing table. Alderperson Korherr stated that what is being proposed does not meet the General Description of the Project (Item #4 in the Preferred Developer Agreement). She further stated that she prefers the community design process so that the public gets to decide what the use should be. Alderperson Berry had questions regarding the parking issue that the Boatyard Grill and Dragon Festival experienced. She stated that in reading through the documentation and the project goals, a hotel is badly needed within the community but she is not sure it would work on this footprint. She wondered whether Common Council should be more involved in the preparation of the request for proposal so that goals of mixed-use development are met. She stressed the need for affordable housing and that the benefits of larger corporations versus the needs of smaller businesses should be carefully considered. She further stated that she admires the work that the Preferred Developer, Steve Flash has done. Alderperson Seger stated that the Preferred Developer Agreement is what is being considered and the terms that are being set cannot be re-visited. He expressed his concern about the following items: an innovative parking solution has not been met, the promenade appears to be a fancy sidewalk on side of property, the city giving the land away when the developer will receive Brownfield grants and incentives as well, project administration fees that will be paid for by the city and the precedent this sets for future agreements. He further stated that the parking and traffic demand is problematic and that the preferred developer agreement has been written in favor of the developer. Alderperson Cogan clarified inaccuracies by stating that the developer wouldn’t be seeking IDA abatements if the Brownfield funding comes through. He agrees that residents have not talked positively about this project and voiced his disappointment that the proposed project wasn’t closer to the original vision for the area. There is only approximately 1.5 acres of developable land. He stated that he would like to give the developer a chance but there is a momentum that starts to grow as projects progress and he feels that there are serious economic issues that still need to be addressed therefore, he cannot support the proposed project. Alderperson Tomlan stated that she has had various thoughts on this project in the past ten months since Council started this process. She noted that the City already has trouble maintaining waterfront property and other parks in the City. She stated that she is not afraid to put the brakes on if the project does not meet the City’s standards. She stated that the current project description is not to her liking, but she would like to see what could be developed. Alderperson Gelinas stated that the developer seems to be willing to work on a suitable project for the area, but a hotel is not what Council wanted to see in the space and the community does not want it either, therefore he cannot support the proposal. Alderperson Zumoff stated that it would be a mistake if the City doesn’t let a local, committed and concerned developer submit a project design for Common Council consideration. He explained that that current site is not utilized currently to its full potential and that he predicts that the site will remain that way for a long time if this project does not move forward. Call the Question: By Alderperson Townsend: Seconded by Alderperson Gelinas RESOLVED, That the Question be called on the Main Motion as Amended. Ayes (8) Coles, Seger, Berry, Zumoff, Tomlan, Gelinas, Townsend, Korherr Nays (2) Cogan, Clairborne Abstentions (0) Carried August 1, 2007 15 Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (4) Clairborne, Zumoff, Townsend, Tomlan Nays (6) Cogan, Korherr, Coles, Seger, Berry, Gelinas Abstentions (0) Failed Mayor Peterson stated that she was looking forward to this project being a model for area hotels to pay a living wage to their employees, but will support the campaign for living wage in hotels in other ways. Alderperson Gelinas left the meeting at 11:45 p.m. 11. CITY ADMINISTRATION COMMITTEE: 11.1 A Resolution to Enter into a Contract with Ecologic, L.L.C and Authorizing an Increase of Capital Project #700 from 266,356 to $294,708 (+$28,352) for the Planning and Design Phases for sediment removal (dredging) in the lower reaches of Cayuga Inlet, the Flood Control Channel, Fall Creek, Cascadilla Creek, and Six Mile Creek By Alderperson Coles: Seconded by Alderperson Seger WHEREAS, on June 9, 2006, Common Council authorized the filing of an application for funds from the New York State Department of State Environmental Protection Fund’s Local Waterfront Revitalization Program in accordance with the provisions of Title 11 of the Environmental Protection Act of 1993 in an amount not to exceed $133,178.00, or 50% of the original estimated project costs for the Planning and Design phases of the project to dredge the lower reaches of Cayuga Inlet, the Flood Control Channel , Fall Creek, Cascadilla Creek, and Six Mile Creek, and WHEREAS, on September 6, 2006, Common Council established Capital Project #700 (in the amount of $266,356) for the Planning and Design Phases for sediment removal (dredging) in the lower reaches of Cayuga Inlet, the Flood Control Channel, Fall Creek, Cascadilla Creek, and Six Mile Creek, and WHEREAS, in the Fall of 2006, the City was awarded the aforementioned grant funds, and WHEREAS, in January 2007, the City issued a Request for Proposals for the project, and subsequently received one proposal, from Ecologic, L.L.C. (as lead contractor, and with ERM as subcontractor), the estimated cost of which was $215,408 and, WHEREAS, staff has reviewed the proposal and interviewed the consultant, and has worked with the consultant to revise the scope of work and the project budget, in order to provide the City with both comprehensive service and with two possible budget scenarios for this project, and WHEREAS, staff recommends that the City enter into a contract for professional services with Ecologic, L.L.C., for the so-called “preferred scenario,” pursuant to which the consultant assumes many of the tasks that involve providing engineering support and managing the environmental review (SEQR) process, the revised cost of which contract is $236,708, and WHEREAS, the services offered by Ecologic, L.L.C., do not include sediment testing and analysis, which task will be necessary for this project and would be provided by another, outside consultant yet to be selected, the cost of which service is estimated to be $58,000; now therefore be it RESOLVED, That Common Council hereby accepts staff’s recommendation that the City enter into a contract for professional services with Ecologic, L.L.C., for the so-called “preferred scenario” as described above, in an amount not to exceed $236,708, and be it further, August 1, 2007 16 RESOLVED, That the Mayor is hereby authorized to execute such a contract between the City and Ecologic, L.L.C., following review of and advice regarding the same, by the City Attorney, and be it further RESOLVED, That Capital Project #700 for the Planning and Design Phases for sediment removal (dredging) in the lower reaches of Cayuga Inlet, the Flood Control Channel, Fall Creek, Cascadilla Creek, and Six Mile Creek, be increased by the amount of $28,708, to a total of $294,708, which total amount is intended to cover the revised cost of the contract with Ecologic, L.L.C. ($236,708), and the estimated cost ($58,000) of sediment testing and analysis, by another outside consultant yet to be selected, and be it further RESOLVED, That the additional funds authorized herein for Capital Project #700 shall be advanced by the General Fund, with later repayment from the issuance of Bonds, if necessary. Alderperson Coles stated that Common Council members have all heard the concerns about the current condition of area waterways that have impacted commercial and recreational boating. Alderperson Clairborne questioned why the City didn’t apply for a grant to cover the cost of the project. City Planner Nicholas responded that the City did receive a grant in the full amount, however consultant costs have exceeded that amount and the City will need to provide a 50% match to qualify for this additional grant money A Vote on the Resolution resulted as follows: Carried Unanimously (9-0) 11.2 DPW - Request for Changes to Water and Sewer Roster – Upgrade of Financial Clerk to Financial Management Assistant - Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, the City of Ithaca DPW Water & Sewer Division has need of a second full time person working in the capacity of the Financial Management Assistant, and WHEREAS, the Water & Sewer Divisions Financial Clerk has passed the Civil Service Exam for the Financial Management Assistant who is presently performing the duties of Financial Management Assistant, and WHEREAS, in order to facilitate the work and to achieve the desired organizational structure the duties performed by the employee currently in this position should be recognized and the appropriate title, duties, and compensation assigned, now, therefore, be it RESOLVED, That the Common Council hereby amends the 2007 authorized Water and Sewer Personnel Roster as follows: Add: One (1) Financial Management Assistant (40 Hours) Delete: One (1) Financial Clerk (40 Hours) and, be it further RESOLVED, That this roster amendment shall be contingent on the Board of Public Works approval, and be it further RESOLVED, That funding for said roster amendment shall be derived within existing 2007 Water and Sewer budgets. Alderperson Coles explained that this roster change does not have an effect on the 2007 budget. August 1, 2007 17 Motion to Extend Meeting to 12:15 a.m.: By Alderperson Coles: Seconded by Seger RESOLVED, That the meeting be extended to 12:15 a.m. Ayes (6) Coles, Seger, Berry, Clairborne, Zumoff, Cogan Nays (2) Townsend, Korherr Abstentions (1) Tomlan, absent from vote Carried (6-2) Alderperson Korherr left the meeting at 12:00 a.m. Main Motion A Vote on the Resolution resulted as follows: Carried Unanimously (7-0) (Alderperson Tomlan absent from vote) 11.3 DPW - Request for Changes to Water and Sewer Roster - Addition of Computer-Aided Design and Drafting (CADD) Technician to Water and Sewer - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, the City of Ithaca DPW Water & Sewer Division has continuing need of a half time employee working in the capacity of the Computer-Aided Design and Drafting (CADD) Technician through the end of the year 2010, and WHEREAS, the CADD Technician has not been a position funded within the roster of the Water & Sewer Division and the duties entailed under this proposed title have been paid for under contractual services and on a seasonal/temporary employment basis over the last 6 years plus, and WHEREAS, the CADD Technician was approved by the Civil Service Commission on February 7, 2007, and WHEREAS, in order to facilitate the work and to achieve the desired organizational structure the duties performed by the employee currently in this position should be recognized and the appropriate title, duties, and compensation assigned, now, therefore, be it RESOLVED, That the Common Council hereby amends the 2007 authorized Water and Sewer Personnel Roster as follows: Add: One (1) Computer – Aided Design and Drafting (CADD) Technician (20 Hours) and, be it further RESOLVED, That the creation of the position is contingent on this position being dissolved at the end of the year 2010 by approval of the Board of Public Works, and be it further RESOLVED, That funding for said roster amendment shall be derived within existing 2007 Water and Sewer Budgets. Carried Unanimously (7-0) (Alderperson Zumoff absent from vote) 11.4 DPW - Request Funds to Replace Front Doors of City Hall - Resolution By Alderperson Coles: Seconded by Alderperson Seger WHEREAS, the front doors of City hall (Green Street Entrance) no longer operate properly and have become a building security concern, and WHEREAS, staff has established a replacement cost for the front doors at $8,500; now, therefore be it August 1, 2007 18 RESOLVED, That Common Council hereby transfers an amount not to exceed $8,500 from Account A1990 Unrestricted Contingency to Account A1621-5483 City hall Building Construction Supplies for the purpose of replacing the front doors at City Hall (Green Street Entrance). Carried Unanimously (8-0) 12. ENVIRONMENT & NEIGHBORHOOD SERVICES COMMITTEE: 12.1 An Ordinance to Amend Chapter 346 of the City of Ithaca Municipal Code entitled “Vehicles & Traffic” Sections 346-1(B) and 346-3(M) Regarding Car Sharing This item was withdrawn from the agenda 13. REPORT OF SPECIAL COMMITTEES: There were no special reports given at the meeting. 14. NEW BUSINESS: 14.1 Motion to Adjourn into Executive Session to Discuss Approval of the CSEA Administrative Unit Labor Contract for the period January 1, 2007 through December 31, 2007 By Alderperson Townsend: Seconded by Alderperson Coles RESOLVED, That Common Council adjourn into Executive Session to Discuss Approval of the CSEA Administrative Unit Labor Contract for the Period of January 1, 2007 through December 31, 2007. Carried Unanimously (8-0) Reconvene: Common Council reconvened into regular session and took the following actions: 14.1 Approval of CSEA Administrative Unit Labor Contract for the period January 1, 2007 through December 31, 2010 - Resolution By Alderperson Townsend: Seconded by Alderperson Coles RESOLVED, That Common Council approves the CSEA Administrative Unit Labor Contract for the period January 1, 2007 through December 31, 2010, and be it further Carried Unanimously (8-0) 14.2 Compensation for Confidential Employees - Resolution RESOLVED, That for the period of January 1, 2007 through December 31, 2010, all employees not covered by a formal labor contract, excluding positions designated as management, be granted salary increases and fringe benefits in accordance with the provisions of the CSEA Administrative Unit contract. Carried Unanimously (8-0) 15. INDIVIDUAL MEMBER – FILED RESOLUTIONS: There were no individual member filed resolutions to be considered at this meeting. 16. MAYOR’S APPOINTMENTS: 16.1 Civil Service Commission: By Alderperson Seger: Seconded by Alderperson Cogan RESOLVED, That Barbara Abrams be appointed to the Civil Service Commission to fill a vacancy with a term to expire May 31, 2008, and be it further Natural Areas Commission: RESOLVED, That Joe McMahon be appointed to the Natural Areas Commission to fill a vacancy with a term to expire December 31, 2009, and be it further Public Art Commission: RESOLVED, That David Estes be appointed to the Public Art Commission to fill a vacancy with a term to expire June 30, 2008. Carried Unanimously (8-0) 17. REPORTS OF COMMON COUNCIL LIAISONS: There were no reports from Common Council liaisons. August 1, 2007 19 18. REPORT OF CITY CLERK: City Clerk Holcomb reported that an updated electronic version of the City Code is now available on the City’s web page. This version has improved functionality and asked Common Council members to consider using this tool instead of their hard copy Code Books. She further reminded Council members that the City Clerk’s Office is happy to help them keep their hard copy books up-to-date if they prefer to keep them. 19. REPORT OF CITY CONTROLLER: There was no report from the City Controller 20. REPORT OF CITY ATTORNEY: City Attorney Hoffman stated that the City of Ithaca has been sued by two residents of Linn Street where the Cascadilla Creek wall collapsed over a year ago. The question of ownership of the wall needs to be established along with a determination of whether the work on the Linn Street Bridge and the use of heavy equipment in the area may have had an effect on the condition of the wall. 21. MINUTES FROM PREVIOUS MEETINGS: 21.1 Approval of July 5, 2007 Regular Common Council Meeting Minutes – Resolution By Alderperson Coles: Seconded by Alderperson Seger RESOLVED, That the minutes of the July 5, 2007 Regular Common Council Meeting be approved with noted corrections. Carried Unanimously (8-0) 22. ADJOURNMENT: On a motion the meeting adjourned at 12:15 a.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor