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HomeMy WebLinkAboutMN-CC-2008-03-05COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. March 5, 2008 PRESENT: Mayor Peterson Alderpersons (10) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler, Myrick, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Acting Planning & Development Director – Cornish Deputy Community Development Director – Kittel Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Fire Chief – Wilbur GIAC Director – Fort PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Mayor Peterson requested the addition of Item 10.6 – Possible Motion to Enter into Executive Session to Discuss Collective Bargaining. No Council Member objected. PROCLAMATIONS/AWARDS: 3.1 Mayor Peterson read a proclamation for Mr. George Rhoads to celebrate his contributions of art and science to the Ithaca community. 3.2 Mayor Peterson proclaimed March 2008 as Women’s History Month. Mayor Peterson shared her thoughts on the progress that has been made and work that still needs to be done on this issue. Alderperson Korherr arrived at the meeting at 7:25 p.m. SPECIAL PRESENTATIONS BEFORE COUNCIL: Report from the Town of Ithaca Peter Stein, Town of Ithaca Board member, addressed Council on the following topics: West Hill development in the Town of Ithaca will create a 20% increase to the property tax base. He suggested that members of Common Council also rotate to give reports at the Town of Ithaca Board meetings. He reviewed the discussions of the Joint City / Town Study Group regarding how the Town and City can work together with a common destiny. He further reviewed the issue of consolidation versus shared services. He suggested that the City’s and the Town’s Comprehensive Plans should be developed in coordination with each other. Alderperson Coles reported that groups of citizens from the City and Town have been meeting together to discuss trails on West Hill. Alderperson Tomlan thanked Mr. Stein for all his work on the Joint City / Town Study Group. March 5, 2008 2 Mayor Peterson noted that her office would be extending a special recognition to the Cornell University basketball team for their undefeated season. Alderperson Myrick extended his congratulations to the Cornell basketball team for their accomplishments this season and their upcoming trip to the NCAA Tournament. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: No one appeared to address Common Council. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Peterson reported that she received a letter from a contractor stating that if the dry wall contract for the Lake View Mental Health Services project is awarded to a particular contractor, a letter would be signed stating that they would not misclassify workers. Alderperson Tomlan reported that the Goody Clancy Team, consultants for the Collegetown Urban Design Plan, would be in town later this week. They will be conducting a presentation/workshop for the Collegetown Neighborhood Council on Friday, March 7, 2008 from 4:00 – 5:00 pm at St. Luke Church. The presentation will be made to members of the public from 5:30 – 7:00 pm. A design charrette will be held on Saturday, March 8, 2008 from 9:00 a.m. to 2:00 p.m. at St. Luke Church with the hope that participants will include representatives of students, neighbors, merchants, property owners, landlords, and Cornell University. Comments on the plan and a summary presentation will be made on Sunday, March 9, 2008 from 1:00 p.m. to 4:00 pm at Kraftee’s Store. She thanked St. Luke Church for their service to the community and for offering their building as a meeting space. Alderperson Tomlan further reported that Code Studio will be at City Hall on Friday, March 7, 2008 at 2:30 p.m. to make a presentation on Form Based Zoning. 8. CONSENT AGENDA ITEMS: 8.1 Youth Bureau – Amendment to Personnel Roster - Resolution By Alderperson Schuler: Seconded by Alderperson Cogan WHEREAS, the Ithaca Youth Bureau has requested permission to amend the 2008 budget and personnel roster, increasing the hours of a Specialist in Recreation for Individuals with Disabilities from 35 hours per week to 40 hours per week, and WHEREAS this will enable the Youth Bureau to supervise a full-time intern from Ithaca College under National Council on Therapeutic Recreation Certification standards, develop and implement an inclusion process at Cass Park Day Camp and supervise 5 full-time seasonal staff, and WHEREAS, the Ithaca Youth Bureau can make the needed changes within the 2008 approved budget without requesting additional funding; now, therefore, be it RESOLVED, That Common Council hereby amends the 2008 Youth Bureau budget and roster as follows: Decrease Expense Account # 7310-5120-1601 Hourly Part-time $3,200 Increase Expense Account # 7310-5110-1600 Salaries – Staff $3,200 Increase the hours of one Specialist in Recreation for Individuals with Disabilities from 35 hours per week to 40 hours per week effective March 10, 2008. Carried Unanimously March 5, 2008 3 8.2 Ithaca Police Department - Revise Personnel Roster to Upgrade Custodial Worker to Custodian. - Resolution By Alderperson Schuler: Seconded by Alderperson Cogan WHEREAS, the Ithaca Police Department currently has three custodial workers who provide cleaning services for the Ithaca Police and Ithaca City Court buildings, WHEREAS, the custodial workers are without a civilian supervisor who routinely inspects both buildings and assigns tasks as needed, WHEREAS, the Ithaca Police Department hereby requests a change in title for one of the positions from custodial worker to custodian, WHEREAS, the custodian will be responsible for routine building inspections and supervision of the custodial workers; now, therefore be it RESOLVED, That Common Council of the City of Ithaca hereby amends the authorized Ithaca Police Department roster as follows: Delete: One (1) Custodial Worker (40 hrs) Add: One (1) Custodian (40hrs) and, be it further RESOLVED, That the position of Custodian be and hereby is assigned to the CSEA DPW Unit at salary grade 26, and be it further RESOLVED, That the funds for this change shall be derived from the existing IPD budget. Carried Unanimously 8.3 Chamberlain’s Office - Revision of Returned Check Fee - Resolution By Alderperson Schuler: Seconded by Alderperson Cogan WHEREAS, the City of Ithaca currently charges $15 service charge for dishonored checks, and WHEREAS, New York General Municipal Law provides that municipalities can charge up to $20 service charge for such checks, and WHEREAS, a $20 service charge better reflects the cost of accounting for and collection of returned checks; now therefore be it RESOLVED, That Common Council sets the fee for returned checks at $20. Carried Unanimously 8.4 Fire Department - Amendment to Personnel Roster - Resolution By Alderperson Schuler: Seconded by Alderperson Cogan WHEREAS, the Financial Management Assistant was promoted to Office Manager, effective January 16, 2008; and, WHEREAS, the part-time Financial Management Assistant position is now vacant; and, WHEREAS, the ongoing review of the administrative office structure and staffing now recommends the part-time Financial Management Assistant and the part-time Financial Clerk positions be combined to create one full-time Administrative Assistant position; and, WHEREAS, the incumbent in the part-time Financial Clerk position is eligible for, and has applied for both the full-time Financial Management Position and the proposed Administrative Assistant position; now, therefore be it March 5, 2008 4 RESOLVED, The Common Council of the City of Ithaca hereby amends the authorized Ithaca Fire Department roster as follows: Delete - One (1) Financial Management Assistant (20 hours) Salary range: $13,419-$15,433 Add - One (1) Administrative Assistant (40 hours) Salary range: $28,663-$32,948 and, be it further RESOLVED, The funds for these changes shall be derived from existing appropriations Carried Unanimously 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Support of a Tourism Capital Grants Feasibility Study Application for a Stewart Park Rehabilitation Action Plan (SPRAP) By Alderperson Tomlan: Seconded by Alderperson Korherr WHEREAS, Park Commissioner Richard Manning, representing the Tompkins County Chamber of Commerce Foundation's Cayuga Waterfront Trail Initiative, has written a Tourism Capital Grants Feasibility Study Application for a Stewart Park Rehabilitation Action Plan (SPRAP) for consideration by the Tompkins County Strategic Tourism Board, and WHEREAS, Stewart Park is one of the region’s most heavily used parks, and is in high demand for community events and for the use of its facilities including picnic pavilions, playgrounds, ball fields, sprinklers, and is the focus of many proposals such as Phase 3 of the Waterfront Trail, a Motion Picture Museum in the old Wharton Studio pavilion (currently housing the Stewart Park maintenance crews and equipment), enclosing the carousel, rehabilitating the Cascadilla Boathouse, updating the playground equipment, and burying power lines, and WHEREAS, in spite of budget cutbacks and declining resources, Stewart Park remains one of the area’s most popular parks, and WHEREAS, the Stewart Park Rehabilitation Action Plan (SPRAP) proposes to identify and assess all of the projects currently needed to upgrade existing facilities and to coordinate projects being proposed by various community groups, into one coherent vision for the park and how they can be prioritized for effective implementation, and WHEREAS, this vision will be done through the work of a task force of stakeholders that will include representatives from the City of Ithaca (various departments and boards, Common Council), Tompkins County Chamber of Commerce, Strategic Tourism Board and County Visitor Bureau, Historic Ithaca, The History Center in Tompkins County, the Ithaca Motion Picture Project, Tompkins County Planning Department, Ithaca Festival, Community Arts Partnership, Cascadilla Boat Club, Cornell Lab of Ornithology, Sustainable Tompkins, and the Friends of Newman Golf Course, and WHEREAS, the City of Ithaca Parks Commission did, on February 12, 2008, unanimously pass a resolution in support of the Tourism Capital Grants Feasibility Study Application for a Stewart Park Rehabilitation Action Plan; now, therefore, be it RESOLVED, That the Common Council does hereby support the Tourism Capital Grants Feasibility Study Application for a Stewart Park Rehabilitation Action Plan, and be it further RESOLVED, That the Common Council requests that a representative from Finger Lakes State Parks, Recreation, and Historic Preservation and a representative from the Town of Ithaca be included in the task force of stakeholders as outlined above. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Korherr RESOLVED, That an additional Whereas Clause be added as the 6th Whereas clause to read as follows: March 5, 2008 5 “WHEREAS, this project will be overseen by a steering committee whose members will represent the Tompkins County Chamber of Commerce Board of Directors, the City of Ithaca Common Council and the Strategic Tourism Board, and” Carried Unanimously Extensive discussion followed on the floor regarding who should be represented on the steering committee. Amending Resolution: By Alderperson Rosario: Seconded by Alderperson Dotson RESOLVED, that the 6th Whereas clause be amended to read as follows: “WHEREAS, this project will be overseen by a steering committee whose members will represent the Tompkins County Chamber of Commerce Board of Directors, the City of Ithaca Common Council, the City of Ithaca Board of Public Works and the Strategic Tourism Board, and” Discussion followed on the floor with Mr. Rick Manning explaining that the Steering Committee should be made of policy makers that would be empowered to make decisions and then carry them out. Alderperson Tomlan explained that this application is not the City’s, the proposal came from the Chamber of Commerce. If the grant is approved, the resultant study and report would make recommendations but not commit the City to anything. The end result will be a working document for the City to follow as it proceeds on projects. Mayor Peterson noted that she believes that the Steering Committee should be tipped in favor of City representation as Stewart Park is a City park that is funded solely by the City of Ithaca taxpayers. After further discussion, Alderpersons Rosario and Dotson agreed to withdraw their amendment. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Rosario RESOLVED, That the last Resolved clause be amended to read as follows: “RESOLVED, That the Common Council requests that the Board of Public Works be represented on the steering committee for the project, and that a representative from Finger Lakes State Parks, Recreation, and Historic Preservation and a representative from the Town of Ithaca be included in the task force of stakeholders as outlined above. Carried Unanimously Main Motion As Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously 10. CITY ADMINISTRATION COMMITTEE: 10. GIAC – Request to Amend Capital Project #499 Greater Ithaca Activities Center Building Renovations - Resolution By Alderperson Coles: Seconded by Alderperson Korherr WHEREAS, the City's Greater Ithaca Activities Center (GIAC), built in 1922 and 1923, has long been the place chosen by residents of all ages and races as the place for learning, playing and for meeting neighbors, thus rendering GIAC the place where community is built; and WHEREAS, support for GIAC in the community is strong as demonstrated by comments expressed in various city civic associations' listservs, in numerous city meetings, and in letters to local papers; and WHEREAS, a firm hired by the City of Ithaca, La Bella Associates, conducted a structural analysis of the GIAC building and on January 4, 2008 issued a report which finds the GIAC building to be structurally sound, and WHEREAS, La Bella Associates further reported on January 4, 2008 on the conditions of various other aspects of the GIAC building including the roofs, the mechanical March 5, 2008 6 systems, the plumbing and fire protection systems, the electrical system, the asbestos survey, and the analysis of the building’s compliance with the current New York State Building Code, and WHEREAS, the La Bella Associates concluded that the GIAC building is in a considerable state of disrepair, a state which resulted in a list of recommendations of thirty-eight items of renovation that would keep the building viable for future years, and WHEREAS, GIAC is a local institution expected by the community to step in and fill needs such as providing programs for pre-school age children; providing free meals for children attending various programs; providing after-school programs for the children of poor and working families; providing guidance and leadership training for teens and young people; providing programs for the elderly, employment assistance for underrepresented and disenfranchised populations; and is home to the BOCES English As A Second Language program, and WHEREAS, given GIAC's formidable task of counteracting socioeconomic, racial, and gender based inequalities, a task that GIAC has and continues to embrace, the Mayor and the Common Council of the City of Ithaca desire that such critical work happen in a building that reflects the value of GIAC's work in our community, and that the La Bella Associates' recommendations for the GIAC building be implemented, and WHEREAS, the total cost of rehabilitating the building is estimated at $4 million, and WHEREAS, the Ithaca Urban Renewal Agency is recommending that the City's Community Development Block Grant funds be allocated to GIAC for renovations of the building, for a total of $2 million over a period of five years, and WHEREAS, in the instance that the structural, code compliance work and the necessary renovations recommended by La Bella Associates were to be undertaken simultaneously, and as early as possible, the city's considerable investment in the GIAC building would in essence be protected by insuring that the work would be done both correctly and more efficiently for the following reasons: 1) The cost for comprehensive construction inspection of reconstruction will be more economically possible with one project and not if the work were to be done in a piecemeal approach. 2) The inspection will be likely to insure that no work will be done at cross-purposes. 3) The cost of materials has and will continue to rise exponentially. 4) There will be cost savings and efficiency in construction in completing the project in a single phase, and WHEREAS, the Common Council wishes to diminish the disruption and the cost associated with moving classrooms, offices, staff etc. necessitated by the work that will have to be done to the GIAC building as outlined by the La Bella Associates and make the best use of funds available, and WHEREAS, the Board of Directors of GIAC has expressed its unanimous support for this approach to meet the future needs of GIAC by resolution at its regular meeting of February 21, 2008, now, therefore be it RESOLVED, That the Common Council amends Capital Project #499 (GIAC Building Reconstruction), by an amount not to exceed $4 million, for a total project authorization in an amount not to exceed $4,506,000, and be it further RESOLVED, That the initial funding for the additional $4 million allocation be derived and advanced from the General Fund, as needed with later repayment from the issuance of Bonds, and be it further RESOLVED, That Common Council declares its intention to use funds from future Community Development Block Grant allocations, over the next five years, in the total March 5, 2008 7 amount of $2 million to repay the City in part for this additional allocation for reconstruction of the GIAC building. Alderperson Clairborne disclosed that he serves on the GIAC Board of Directors and that his wife is Deputy Director of GIAC. He stated that he will be voting on this Resolution as no conflict exists. Alderperson Myrick stated that this work is long overdue and that this project is strongly supported by the college student population that believes GIAC is synonymous with Ithaca. Alderperson Rosario stated that he is a strong supporter of the Resolution. He did have a question related not to GIAC but to the City's fiscal policy: it is his understanding that just the authorization to borrow money is counted towards our debt load, even if we haven't actually borrowed any money. He also understood that there are projects, such as the Six-Point-Traffic Plan's Taughannock Blvd project, that we still have on the books with the authorization to borrow money yet we have no intention of actually doing. He asked that we consider "off-setting" the amount of money we need to borrow for GIAC, or any future capital project, by de-authorizing money for past projects like Taughannock Blvd, that remain on the books but we do not intend to do. This would help the City get back to being under 80% of its debt limit. Alderperson Tomlan stated that she had concerns regarding money as well and spoke with City Controller Thayer. He stated that the report from LaBella appears to be very sound and the proposals for work seem appropriate. She further stated that the term “renovation” seems to be more appropriate than “reconstruction” in the resolution. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Schuler RESOLVED, That any reference to the word reconstruction be changed to “renovation” in the resolution. Carried Unanimously Alderperson Dotson thanked Alderperson Coles and Deputy Community Development Director Kittel for all of the work they’ve done to move this project forward. Main Motion As Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously 10.2 Safety Committee – Adoption of City of Ithaca Safety Committee Standard Operating Procedures - Resolution By Alderperson Coles: Seconded by Alderperson Schuler WHEREAS, City staff developed standard operating procedures for the City of Ithaca Safety Committee, and WHEREAS, Common Council has received said Standard Operating Procedures; now, therefore be it RESOLVED, That Common Council hereby adopts the attached Standard Operating Procedures for the City of Ithaca Safety Committee. Carried Unanimously 10.3 A Local Law to Amend Section 107-1 of the City of Ithaca Municipal Code Regarding the Salary of the Mayor of the City of Ithaca. By Alderperson Coles: Seconded by Alderperson Korherr LOCAL LAW NO._____- 2008 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 107-1 of the City of Ithaca Municipal Code is hereby amended as follows: §107-1 Salary established. The annual salary of the Mayor shall be the sum of [$51,750] $53,561. March 5, 2008 8 Section 2. Effective and Operative Date. This Local Law shall take effect upon its filing in the office of the Secretary of State and shall be retroactive to January 1, 2008. Carried Unanimously 10.4 A Local Law to Amend Section 107-2 of the Ithaca Municipal Code Regarding the Salary of the Common Council Members of the City of Ithaca. By Alderperson Coles: Seconded by Alderperson Korherr LOCAL LAW NO._____- 2008 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 107-2 of the City of Ithaca Municipal Code is hereby amended as follows: §107-2 Salary established. The annual salary of the Council members shall be the sum of [$9,315] $9,641. Section 2. Effective and Operative Date. This Local Law shall take effect upon its filing in the office of the Secretary of State and shall be retroactive to January 1, 2008. Carried Unanimously 10.5 Human Resources - Adoption of Vehicle Usage Policy - Resolution By Alderperson Coles: Seconded by Alderperson Clairborne WHEREAS, in an effort to clearly communicate expectations and standardize practices across the City of Ithaca organization, the Senior Staff (department heads and deputies) identified several organizational policies in need of documentation, and WHEREAS, a list of the organizational polices were distributed to the workforce for prioritization, based on that feedback, Senior Staff and the appropriate stake holders are or will be in the process of documenting these policies, and WHEREAS, the Vehicle Usage Policy was in the process of being drafted before the feedback from the workforce was gathered and while vehicle usage did not make the top ten on the list of priorities, it was nevertheless identified and chosen by senior staff as a practice in need of documentation, now therefore be it RESOLVED, That the Ithaca Common Council adopts the City of Ithaca Vehicle Usage Policy, and be it further RESOLVED, That upon the approval of this policy, the Common Council hereby requires that each department head, division head, and Human Resources department be responsible for implementing, communicating, and enforcing said policy. Amending Resolution: By Alderperson Dotson: Seconded by Alderperson Cogan RESOLVED, That the purpose statement of the City of Ithaca Vehicle Usage Policy be amended to read as follows: “The City encourages employees to be mindful of the City’s commitments to sustainability, energy efficiency, and a healthy workplace. Employees are asked to make transportation choices that support these goals. For instance, the City encourages walking and biking (or other active transportation) when possible, and when a vehicle is needed, encourages use of the most fuel efficient vehicle available that fills the current need, as well as shared vehicle use (carpooling) when possible.” Carried Unanimously Human Resources Director Michell-Nunn stated that the City may want to consider increasing its inventory of bicycles if it is going to actively promote that mode of transportation. March 5, 2008 9 Amending Resolution: By Alderperson Dotson: Seconded by Alderperson Zumoff RESOLVED, That the first Resolved clause be amended to read as follows: “RESOLVED, That the Ithaca Common Council adopts the City of Ithaca Vehicle Usage Policy dated March 5, 2008, including the amendment thereto approved that date and, be it further” Carried Unanimously Main Motion As Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously 10.6 Report of City Controller: City Controller Thayer reported on the following items: 2006 Audit is being conducted Closing out 2007 year-end High gas prices have resulted in the 2008 budget being adjusted to cover utility costs Bond market – interest rates have increased which may impact 2009 interest costs for short term notes Sales tax revenue collections are 9.3% over the 2007 budget 10.7 Possible Motion to Enter Into Executive Session to Discuss Collective Bargaining: By Alderperson Coles: Seconded by Alderperson Clairborne RESOLVED, That Common Council Enter into Executive Session to Discuss Collective Bargaining. Carried Unanimously Reconvene: Common Council reconvened into Regular Session with no formal action taken. 11 COMMUNICATION AND EMERGENCY SERVICES COMMITTEE: No items were submitted for the agenda. NEW BUSINESS: 13.1 Taste of Thai Alcohol Permit Request – Resolution By Alderperson Korherr: Seconded by Alderperson Myrick WHEREAS, the City Clerk has received a request to allow the Taste of Thai Restaurant to utilize certain areas along the Primary Commons for outdoor dining, and WHEREAS, this use of public property has 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 the Taste of Thai 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 2008, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Taste of Thai Restaurant that includes the sale of alcohol in accord with the terms and conditions set March 5, 2008 10 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 13.2 Sushi O Sake Japanese Restaurant Alcohol Permit Request - Resolution By Alderperson Korherr: Seconded by Alderperson Myrick WHEREAS, the Sushi O Sake Japanese Restaurant has requested permission to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has 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 the Sushi O Sake Japanese 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 2008, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Sushi O Sake Japanese 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 13.3 Viva Taqueria & Cantina Alcohol Permit Request – Resolution By Alderperson Korherr: Seconded by Alderperson Myrick WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria & Cantina Restaurant allowing that restaurant to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has 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 the Viva Taqueria & Cantina 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 2008, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria & Cantina 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 March 5, 2008 11 13.4 Simeon’s Alcohol Permit Request - Resolution By Alderperson Korherr: Seconded by Alderperson Myrick WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2008, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant that includes the sale of alcohol in accordance with the terms and conditions set forth in the application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 13.5 Mahogany Grill Alcohol Permit Request - Resolution By Alderperson Korherr: Seconded by Alderperson Myrick WHEREAS, the City Clerk has received a request to allow the Mahogany Grill restaurant to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has 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 the Mahogany Grill 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 2008, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Grill 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 March 5, 2008 12 13.6 Common Council’s Appointment to the Local Advisory Board of Assessment Review – Resolution By Alderperson : Seconded by Alderperson RESOLVED, That Jill Burlington and ______________ be appointed to the Local Advisory Board of Assessment Review. This item was deferred to the April 2, 2008 Common Council meeting. MAYOR’S APPOINTMENTS: Cable Access Oversight Committee: By Alderperson Cogan: Seconded by Alderperson Korherr RESOLVED, That Patricia O’Rourke be appointed to the Cable Access Oversight Committee to fill a vacancy with a term to expire December 31, 2008, and be it further RESOLVED, That Will Burbank be reappointed to the Cable Access Oversight Committee with a term to expire December 31, 2010, and be it further Parks Commission: RESOLVED, That Dan Krall be reappointed to the Parks Commission with a term to expire December 31, 2010, and be it further RESOLVED, That Dan Klein be appointed to the Parks Commission to fill a vacancy with a term to expire December 31, 2009, and be it further Shade Tree Advisory Committee: RESOLVED, That Debra Statton be appointed to the Shade Tree Advisory Committee with a term to expire December 31, 2009, and be it further RESOLVED, That Anthony M. Hanna be appointed to the Shade Tree Advisory Committee with a term to expire December 31, 2009, and be it further RESOLVED, That Pamela Markham be appointed to the Shade Tree Advisory Committee with a term to expire December 31, 2010, and be it further RESOLVED, That Dan Klein be appointed to the Shade Tree Advisory Committee with a term to expire December 31, 2010, and be it further RESOLVED, That Judith P. Fogel be appointed to the Shade Tree Advisory Committee with a term to expire December 31, 2008. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Shade Tree Advisory Committee Alderperson Schuler stated that April 25, 2008 is Arbor Day and noted that various designations such as Tree City have been given to the City of Ithaca. Ithaca Urban Renewal Agency Alderperson Clairborne reported that the Ithaca Urban Renewal Agency Action Plan would be coming to the April Common Council meeting for discussion and possible vote. He further reported that Eric Rosario has resigned from the Ithaca Urban Renewal Agency Board because of being elected to Common Council. Cable Access Oversight Committee Alderperson Dotson reported that the Cable Access Oversight Committee is meeting at the Time Warner studio for their regular meeting location. TCAT Alderperson Cogan reported that due to the high fuel prices, TCAT is $30,000 over budget. Some of those expenses may be offset by savings in other areas. He further reported that TCAT will be conducting a comprehensive study of its routes and is in the process of reviewing consultant applications. TCAT is moving forward with leasing space in the Cayuga Green development for a coffee shop, restrooms, and a waiting area. They are considering a seven-year lease with an option to purchase and have an March 5, 2008 13 RFP out for architects to design the space. TCAT is looking to approach the Town of Ithaca and Village of Lansing for funding contributions. Public Art Commission Alderperson Tomlan reported that the Public Art Commission is at full membership. The Commission is looking at the new Cinemapolis and Green Garage areas to display public art. Mayor Peterson reported that Economic Development Director Phyllis DeSarno would be returning to work at the City on March 17, 2008 and would be developing a work plan. She further reported that a meeting had taken place with Bolton Point regarding the environmental review for the City of Ithaca water options. REPORT OF CITY ATTORNEY: City Attorney Hoffman reported that there has been no new litigation brought against the City and no settlements have been made, although a few are close to being settled. He stated that the City received a complaint regarding discriminatory treatment and it was found to have no basis. MINUTES FROM PREVIOUS MEETINGS: 20.1 Approval of the February 6, 2008 Regular Common Council Meeting Minutes – Resolution By Alderperson Dotson: Seconded by Alderperson Zumoff RESOLVED, That the minutes of the February 6, 2008 Regular Common Council Meeting be approved with noted corrections, and be it further Approval of the February 13, 2008 Special Common Council Meeting Minutes – Resolution RESOLVED, That the minutes of the February 13, 2008 Special Common Council Meeting be approved with noted corrections. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 9:40 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor