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HomeMy WebLinkAboutMN-CC-2008-04-02COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. April 2, 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 Community Development Director – Bohn Superintendent of Public Works – Gray PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. PROCLAMATIONS/AWARDS: Mayor Peterson proclaimed April 2008 as Occupational Therapy month in the City of Ithaca. Alderperson Dotson arrived at the meeting at 7:10 p.m. SPECIAL PRESENTATIONS BEFORE COUNCIL: Will Burbank, Town of Ithaca Board Member reported to Common Council on the following topics:  The Town of Ithaca has recently joined the City of Ithaca in adopting a domestic partnership registry  The Town of Ithaca is working to update its Comprehensive Plan. A long-term process has been established with stakeholders and they are hoping for active participation from the City  The Carrowmore Development Housing Project is proposed to be a green project for high-end housing. The Town is trying to negotiate some middle income housing as well  A proposal has been made for an off-road trail system for the upper West Hill area  The roof on Town Hall must be repaired and they are investigating the feasibility of solar panels Alderperson Clairborne arrived at the meeting at 7:13 p.m. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Audrey Cooper, City of Ithaca and member of the GIAC Board of Directors, addressed Council in support of all workers in the City of Ithaca being paid a living wage. Betsy Darlington, City of Ithaca, addressed Council regarding trash on the streets and sidewalks in Collegetown. She urged the City to dedicate more resources to clean up the area. Tom Sieling, Tompkins County Workers Center, addressed Council to promote a recognition dinner being held on April 30, 2008 at 6:00 p.m. at the Women’s Community Building. He stated that the dinner would be free to hotel workers. Fred Bonn, Ithaca/Tompkins County Convention & Visitor’s Bureau addressed Council to clarify the language in the Rimland Project Resolution. He explained that the project is expected to create $2.2 million in food, beverage, and retail sales in the City. April 2, 2008 2 Vicki Taylor, City of Ithaca, addressed Council in support of the Rimland project and requested the City not require the payment of a living wage to all hotel workers. She pointed out that other developers and businesses such as Walmart have not been required to pay a living wage. Rebecca Elgie, City of Ithaca, addressed Council in support of requiring the Rimland Project to pay a living wage to all employees and further recommended that all new projects be reviewed for plans to pay a living wage to their employees. Joseph Gaylord, American Crafts by Robbie Dean, noted that he supports a living wage for all workers, not just hotel workers. He stated that as a result of the Hilton Garden project, he has been able to increase wages and partially pay for health insurance benefits for his employees. Theresa Alt, City of Ithaca, addressed Council in support of a living wage for all. She stated that the Ithaca community is known for low unemployment rates and low wages. She stated that housing is needed on the proposed project site, not a hotel. Bren Pillar, Town of Ithaca, addressed Council on behalf of “Ithaca Unleashed” and explained that dog owners are happy with the current fenced dog area and also with the proposed re-location. Mayor Peterson thanked Ms. Pillar for her donation of materials for the dog park. Tomas Harrington, City of Ithaca, addressed Council in support of the Rimland Project. He stated that this developer is not looking for tax abatements or loans and it is not fair to require him to pay a living wage to all employees. He further voiced his support for employers paying a living wage. John Schroeder, City of Ithaca and Chair of the City of Ithaca Planning Board, addressed Council regarding the Rimland project. He shared the Board’s comments as follows: 1. The Board supports the sale of the surplus property as it offers a full range of benefits to the community. 2. The Board is sympathetic to the concept of a living wage but only if all businesses are required to comply. 3. The Board is concerned that the Community Investment Incentive Plan is not working as intended. Gary Ferguson, Downtown Ithaca Alliance Director, addressed Council to support the comments made by the Planning Board. He stated that he supports the Rimland Hotel project and requested that Council assess the overall benefit of this project to the community when they consider this proposal. Rich Avery, new co-owner of Simeon’s Restaurant, addressed Council in support of the proposed Rimland project. He stated that this is a non-viable piece of property that can be turned into a viable development. He explained that the project would support other small businesses that pay a living wage in the City. Mack Travis, Village of Interlaken, addressed Council in support of the proposed Rimland Project. He explained that the renovation of the old Rothchild’s building has kept 120 jobs downtown including Tompkins Trust Company and this project would be similar. Steve Flash, City resident and business owner, addressed Council in support of the proposed Rimland project. Fay Gougakis, City of Ithaca, addressed Council to acknowledge Alderperson Korherr’s courage in filing the sexual harassment complaint. She further stated that she was disappointed in the Mayor’s forum on the Dog Park. She stated that the Tibetan flag should be flown on The Commons. She further stated that she supports the hotel April 2, 2008 3 project but not in the proposed location because of traffic and parking concerns. She stated that it would be a good location for office space. Jeff Furman, Town of Ithaca, addressed Council regarding economic inequality, and recent development projects that lacked social vision regarding providing a living wage for their employees. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Coles reported on the human cost of the War in Iraq: 4,012 American soldiers have lost their lives as well as countless Iraqis. The cost to New York State has been $41 billion; the cost to Ithaca has been $35.7 million. Alderperson Korherr responded to comments regarding trash in Collegetown and stated that she hoped Cornell University would help the City resolve this issue. She thanked Mr. Bonn for his clarification of expected revenue from the Rimland project. Alderperson Korherr clarified the recent headlines in the Ithaca Journal and stated that she did not file the complaint as a City Alderwoman; it was filed as an individual and former employee of Tompkins County. She noted that she appreciates Council’s support in keeping discussion of this topic in the appropriate forum. Alderperson Tomlan responded to comments made about the trash in Collegetown and stated that she was open to suggestions on how to resolve the problem. Alderperson Zumoff responded to comments made about the trash in Collegetown and stated that the Board of Public Works should review the trash tag program and consider replacing the trash cans in that neighborhood. Mayor Peterson stated that she wrote a letter to the Governor stating her opposition to the proposed cuts in State aid to cities proposed in the New York State budget. CONSENT AGENDA ITEMS: 8. City Administration Committee: 8.1 GIAC – Request to Amend 2008 Budget –GIAC Computer Lab - Resolution By Alderperson Cogan: Seconded by Alderperson Schuler WHEREAS, the Greater Ithaca Activities Center (GIAC) has developed a computer lab with a grant received from the Ithaca Urban Renewal Agency, Community Development Block Grant (CDBG) funds, and WHEREAS, in order to fulfill the requirements of the grant to provide at least 5,000 hours of computer skills classes for youth and teens, GIAC needs to hire a computer lab coordinator, and WHEREAS, the CDBG grant does not provide for operational costs, and WHEREAS, through the kindness of an anonymous donor GIAC received $27,000 to hire a computer lab coordinator, to support a quality employment opportunity to a local resident, and help our youth bridge the technology achievement gap, now therefore be it RESOLVED, That Common Council hereby accepts the donor funds in the amount of $27,000 and be it further, RESOLVED, That the $27,000 will be used to cover the salary and benefits for an hourly part-time/seasonal staff in the position of computer lab coordinator at GIAC from April through December 31st, 2008 and be it further, RESOLVED, That the City Controller is authorized to make the following budget amendment to the 2008 budget: April 2, 2008 4 Revenue A7311-2705-01100 Gifts and Donations $27,000 Appropriations A7311-5105-01100 Hourly Part-Time $24,000 A7311-9030-01100 FICA/Medicare $ 1,836 A7311-9040-01100 Workers’ Comp Insurance $ 1,164 Carried Unanimously 8.2 DPW – Request to Amend Water and Sewer Personnel Roster - Resolution By Alderperson Cogan: Seconded by Alderperson Schuler WHEREAS, the City of Ithaca DPW Water & Sewer Division has need of an additional supervisory position in order to provide an adequate level of field supervision and support to facilitate the present work load, future work plans; and in order to address the current needs of the Division including daily operations, maintenance, repairs, and capital improvement projects, etc.; and in order to provide the necessary support and supervision entailed in compliance with new regulatory mandates and ever increasing regulatory requirements for the wastewater collection and water distribution systems, and WHEREAS, the City of Ithaca DPW Water & Sewer Division consolidated the supervisory positions and titles responsible for the water distribution system and wastewater collection system in 1997 to meet the work load and needs of the Division at that time, and WHEREAS, the City of Ithaca DPW Water & Sewer Division now has need of and requests restoration of the two separate supervisory positions for the water distribution system and wastewater collection systems with the following titles Wastewater Collection System Supervisor and Water Distribution System Supervisor, and WHEREAS, The City of Ithaca Human Resources Department and the Civil Service Commission have reviewed and approved the Job Descriptions and the New Position Duties Statements for both titles; now therefore be it RESOLVED, That Common Council hereby amends the authorized personnel roster as follows: Add: (1) One Wastewater Collection System Supervisor (1) One Water Distribution System Supervisor Delete: (1) one Supervisor of Water Distribution and Wastewater Collection Systems and, be it further RESOLVED, That funding for said roster amendment shall be derived with existing 2008 Water and Sewer authorized budget and existing authorized Water and Sewer Capital Projects. Carried Unanimously 9. COMMUNITY & ORGANIZATIONAL ISSUES COMMITTEE: No items were submitted for the agenda 10. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 10. 1 Adoption of the Proposed FY 2008 Action Plan, HUD Entitlement Grant Program – Resolution By Alderperson Tomlan: Seconded by Alderperson Myrick WHEREAS, since 2004 the City of Ithaca has been designated by the U.S. Department of Housing & Urban Development (“HUD”) to receive an annual formula grant award through the HUD Entitlement program, and April 2, 2008 5 WHEREAS, the Common Council designated the Ithaca Urban Renewal Agency (“IURA”) as the Lead Agency to develop and administer the Consolidated Plan to enable the City to receive HUD Entitlement program funding on an annual basis, and WHEREAS, the Common Council adopted and developed a 2004-2008 Consolidated Plan identifying goals, objectives and strategies for use of HUD Entitlement program funding to address priority community development needs, and WHEREAS, on an annual basis, the City of Ithaca must submit an Action Plan to HUD at least 45 days prior to the beginning of the July 1st program year to be eligible to receive HUD Entitlement program funds, and WHEREAS, the annual Action Plan identifies a specific list of budgeted community development projects proposed to be undertaken with HUD Entitlement program funds, and WHEREAS, the City of Ithaca is eligible to receive the following allocations through the FY 2008 HUD Entitlement program: $ 805,926 CDBG (Community Development Block Grant) $ 517,789 HOME (Home Investment Partnerships Program) $1,323,715 Total Entitlement Grant Funds, and WHEREAS, it is anticipated that approximately $133,800 in program income will be received by the IURA in FY 2008, primarily in the form of loan repayments, and WHEREAS, the annual Action Plan must identify the use of program income in addition to identifying the use of current HUD allocations, and WHEREAS, including anticipated program income, the total funding available for eligible projects is $1,457,515, and WHEREAS, the IURA has recommended that $500,000 in 2008 CDBG funds be allocated to rehabilitate the Greater Ithaca Activities Center (“GIAC”), and WHEREAS, the IURA is recommending future CDBG funding for the GIAC Rehabilitation of $500,000 in FY 2009, $350,000 in FY 2010, $500,000 in FY 2011, $150,000 in FY 2012 for a total of $2,000,000 over a 5-year period including the 2008 allocation of $500,000, and WHEREAS, the IURA utilized an open and competitive project selection process for development of the proposed FY 2008 Action Plan in accordance with the Citizen Participation Plan, including an initial public hearing held on January 24, 2008, to gain public input on formulation of the proposed Action Plan, and WHEREAS, on February 14, 2008, the IURA approved a proposed FY 2008 Action Plan, and WHEREAS, a second public hearing on the proposed FY 2008 Action Plan has been duly advertised and held on March 19, 2008, before the Planning & Economic Development Committee; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby adopts the attached IURA Proposed FY 2008 Action Plan, City of Ithaca, NY, dated 2/14/08, for allocating $1,457,515 of FY 2008 HUD Entitlement Grant funds and program income, and be it further RESOLVED, That, should the IURA determine that any of the proposed projects in the Action Plan encounter feasibility issues that would hinder their timely completion or adversely affect their eligibility prior to the HUD submission deadline, the Common Council authorizes the IURA, upon approval by the Mayor and the Chair of the Planning & April 2, 2008 6 Economic Development Committee, to make adjustments in the application to resolve feasibility and eligibility concerns, and be it further RESOLVED, That the Urban Renewal Plan shall be amended to include activities funded in the adopted FY 2008 Action Plan, and be it further RESOLVED, That the Common Council authorizes the IURA to administer and implement the Action Plan activities in accordance with applicable regulations. Mayor Peterson explained the difference in this year’s process and the amount of funding dedicated to the GIAC project. Alderperson Clairborne recognized the time and work that the Ithaca Urban Renewal Agency Board and staff put into this effort. He disclosed that his wife is the Deputy Director of GIAC and that he is on the GIAC Board of Directors. He further thanked Alderperson Coles for all of her efforts on this issue. A Vote on the Resolution resulted as follows: Carried Unanimously 10. 2 Ithaca Urban Renewal Agency (IURA) Disposition of Property on 100 Block of S. Aurora Street to Ithaca Properties, LLC to Facilitate Construction of a Hotel Project at 215 E. State Street A. Declaration of Lead Agency – Resolution By Alderperson Tomlan: Seconded by Alderperson Korherr WHEREAS, the Common Council of the City of Ithaca is considering approval of an Ithaca Urban Renewal Agency (“IURA”) proposed disposition of 2,140 square feet of property on the 100 block of S. Aurora Street to Ithaca Properties, LLC to facilitate construction of a hotel project at 215 E. State Street pursuant to §507 of General Municipal Law, and WHEREAS, the IURA has voted to implement the property disposition through a purchase and sale contract, dated February 27, 2008, which includes a provision that requires final site plan approval by the City of Ithaca Planning and Development Board for the proposed hotel project as a contingency that must be satisfied prior to conveyance of the property, and WHEREAS, the Planning & Economic Development Committee recommended minor amendments to paragraph II(G) of the purchase and sale contract that are incorporated into a revised, proposed contract dated March 26, 2008, and WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for the purpose of conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed conveyance of less than 2.5 acres of land is an “Unlisted” Action pursuant to the City Environmental Quality Review Ordinance (“CEQRO”) which requires environmental review under CEQRO, now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself Lead Agency for the environmental review of the proposal to approve the IURA- proposed purchase and sale contract for 2,140 square feet of property on the 100 block of S. Aurora Street to Ithaca Properties, LLC to facilitate construction of a hotel project at 215 E. State Street. Ayes (9) Dotson, Clairborne, Rosario, Tomlan, Zumoff, Schuler, Myrick Korherr, Cogan Nays (1) Coles Carried April 2, 2008 7 B. Determination of Environmental Significance – Resolution By Alderperson Tomlan: Seconded by Alderperson Myrick WHEREAS, the Common Council of the City of Ithaca (“Common Council”) is considering approval of an Ithaca Urban Renewal Agency (“IURA”) proposed property disposition of 2,140 square feet of property on the 100 block of S. Aurora Street to Ithaca Properties, LLC to facilitate construction of a hotel project at 215 E. State Street pursuant to §507 of General Municipal Law, and WHEREAS, the IURA has voted to implement the property disposition through a purchase and sale contract, dated February 27, 2008, which includes a provision that requires final site plan approval by the City of Ithaca Planning and Development Board (“Planning Board”) for the proposed hotel project as a contingency that must be satisfied prior to conveyance of the property, and WHEREAS, the Planning & Economic Development Committee recommended minor amendments to paragraph II(G) of the purchase and sale contract that are incorporated into a revised, proposed contract dated March 26, 2008, and WHEREAS, by City ordinance, environmental review in accordance with the City Environmental Quality Review Ordinance must be completed prior to final site plan approval, and WHEREAS, on September 5, 2007, the Common Council considered a proposal to declare a parcel of City-owned land on the 100 block of South Aurora Street (in the vicinity of the so-called Rothschild Building) as surplus property that can be conveyed to the IURA, subject to certain conditions, for possible sale to an eligible and qualified sponsor of an urban renewal project involving said land, and WHEREAS, on September 5, 2007, the Common Council declared itself Lead Agency for the environmental review for the property conveyance to the IURA, and WHEREAS, on September 5, 2007, the Common Council further 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”, and WHEREAS, on October 3, 2007, the Common Council issued a negative declaration with regard to the proposed conveyance to the IURA, declared the property surplus, approved the property transfer to the IURA, and reiterated the need for additional environmental review once details of any proposed development on the property are known, and WHEREAS, the qualified and eligible sponsor, Ithaca Properties, LLC, proposes to construct an 8-story, 102-room hotel in conformance with the City of Ithaca Zoning Ordinance on a project site that includes the subject property, but has only developed conceptual plans for the project pending acquisition of site control of the full project site, and WHEREAS, Ithaca Properties, LLC has indicated that the proposed hotel project is not financially feasible without acquisition of the subject property, and WHEREAS, it is not reasonable or practicable to expect the qualified and eligible sponsor to develop detailed project plans and analyses of potentially significant adverse impacts of the proposed hotel project prior to gaining site control, and WHEREAS, details of the proposed development will not be known until after legal control of the project site has been secured by Ithaca Properties, LLC and required submissions for site plan review have been submitted to the Planning Board, and April 2, 2008 8 WHEREAS, pursuant to §176-6(F)(1)(b) of the City Environmental Quality Review Ordinance, the reestablishment of a Lead Agency may occur “upon failure of the lead agency’s basis of jurisdiction,” so that the Planning Board may subsequently assume the role of Lead Agency for the environmental review for the site plan review of the proposed hotel project, and WHEREAS, as part of the site plan review process, the Planning Board regularly conducts rigorous and thorough environmental review of all aspects of the proposed development project that comes before it, and WHEREAS, this proposed action to authorize a purchase and sale contract for conveyance of 2,140 square feet of land is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, appropriate environmental review has been conducted for the IURA proposed disposition of the subject property, including the preparation of a Short Environmental Assessment Form (“SEAF”), and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by IURA staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Short Environmental Assessment Form, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that circumstances warrant a segmented review of this property conveyance from other stages of the proposed hotel project and that subsequent environmental review of the proposed hotel project during the required site plan review process will be no less protective of the environment, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed conveyance by the IURA will not have a significant effect on the environment, and that further environmental review of said property disposition action is unnecessary, and be it further RESOLVED, That the environmental review of any specific, proposed hotel project involving the subject parcel 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 any conveyance of the subject parcel, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Alderperson Dotson stated that she was uncomfortable that CEQRO does not address greenhouse gas emissions. She further stated that she would abstain from voting on this issue because of it. City Attorney Hoffman explained that according to the Common Council Rules of Order, Common Council members can only abstain if they have a conflict of interest. He clarified that the CEQR ordinance addresses greenhouse gases however the short and long environmental assessment forms don’t. He stated that these forms could possibly be modified without making changes to the ordinance. A Vote on the Resolution resulted as follows: Ayes (8) Clairborne, Rosario, Tomlan, Zumoff, Schuler, Myrick, Cogan Korherr Nays (2) Coles, Dotson Carried April 2, 2008 9 C. Approval of IURA Proposed Property Disposition – Resolution By Alderperson Tomlan: Seconded by Alderperson Zumoff WHEREAS, Ithaca Properties, LLC (“Rimland”) seeks to acquire an approximately 2,140 square foot portion of tax parcel #70.-4-4.1 located on the westerly side of the 100 block of S. Aurora Street, Ithaca, NY for construction of a downtown hotel project on an underutilized surface loading and parking lot at 215 E. State Street, and WHEREAS, Jeffrey Rimland is the registered agent for Ithaca Properties, LLC, and WHEREAS, on October 3, 2007, the City of Ithaca Common Council (“Common Council”) determined the requested property was surplus and authorized the Mayor to execute a deed conveying the surplus property to the Ithaca Urban Renewal Agency (“IURA”) for the purpose of negotiating a proposed sale of the property with a qualified and eligible sponsor for an appropriate urban renewal/infill project, and WHEREAS, on September 27, 2007, the IURA determined that Rimland is a “qualified and eligible sponsor” eligible to purchase the property from the IURA pursuant to §507 of General Municipal Law (“GML”) and commenced property disposition negotiations with Rimland, and WHEREAS, on February 5, 2008, Rimland submitted to the IURA a project proposal for a 102-room proposed hotel project estimated to cost $17 million and generate stabilized annual revenues of $4.7 million, and WHEREAS, an appraisal conducted by Midland Appraisal Associates, Inc. concluded the fair market value of the surplus property is $30,000, and WHEREAS, Rimland agrees to purchase the property at fair market value, and WHEREAS, on February 28, 2008, the IURA found that the proposed hotel project proposed by Ithaca Properties, LLC will improve the social, physical and economic characteristics of the downtown neighborhood thereby furthering the goals and objectives of the Urban Renewal Plan and approved the sale of the subject property to Ithaca Properties, LLC in substantial conformance with the attached “Purchase and Sale Contract, Lands Located at 215 E. State Street, City of Ithaca”, dated February 27, 2008, and WHEREAS, the IURA proposed purchase and sale contract requires final site plan approval by the City of Ithaca Planning and Development Board for the proposed hotel project as a contingency that must be satisfied prior to conveyance of the property, and WHEREAS, completion of environmental review in accordance with the City of Ithaca Environmental Quality Review Ordinance is required prior to final site plan approval for the proposed hotel project, and WHEREAS, the proposed hotel project will generate significant revenues to the City from increased property taxes, sales taxes, hotel room taxes, and municipal parking fees, and WHEREAS, the Ithaca/Tompkins County Convention and Visitors Bureau estimates the hotel project will generate $2.2 million annually in food, beverage, and retail sales on The Commons, and WHEREAS, the 1992 Downtown Design Plan identified the location of the proposed hotel project as one of 11 sites in the downtown core that is appropriate for infill development, and WHEREAS, the proposed hotel project location is consistent with the County Comprehensive Plan’s anti-sprawl policy to direct new development to urbanized areas with existing utilities and municipal services that have access to convenient transit, pedestrian and bicycle networks, and April 2, 2008 10 WHEREAS, Rimland agrees to a City-sanctioned peer architect review of the hotel project design prior to site plan approval, and WHEREAS, according to the New York State Department of Labor, “maids and housekeeping cleaners” in the Southern Tier region are paid an average of $7.82 per hour at entry level, and have a mean wage of $9.36 per hour, and WHEREAS, Rimland agrees to pay all housekeeping room attendants compensation equal to at least 156% of the New York State minimum wage ($7.15 per hour), which sum is currently equivalent to $11.18 per hour, and WHEREAS, the Alternatives Federal Credit Union calculates that a living wage without health care benefits is $23,258 annually, or $11.18 per hour, and WHEREAS, this proposed property disposition is being conducted pursuant to §507 of GML that requires approval by the Common Council following a public hearing, and WHEREAS, notice of the public hearing was published in the Ithaca Journal on March 8, 2008, and a public hearing was held on March 19, 2008, and WHEREAS, the Planning & Economic Development Committee recommended minor, non-substantive amendments to paragraph II(G) of the IURA-proposed purchase and sale contract that are incorporated into a revised contract dated March 26, 2008; now, therefore, be it RESOLVED, That Common Council hereby approves the IURA proposed property disposition to Ithaca Properties, LLC of the 2,140 square-foot parcel of land shown as parcel B-1 on a survey map entitled “Survey Map, No. 215 East State Street, City of Ithaca, Tompkins County, New York” prepared by TG Miller and Associates, Lee Dresser, L.S., dated November 26, 2007, pursuant to a contract in substantial conformance with the “Purchase and Sale Contract, Lands Located at 215 E. State Street, City of Ithaca”, dated March 26, 2008, and be it further RESOLVED, That in conformance with the terms of the October 3, 2007, Common Council resolution that sought reversion of the property to the City in the event the hotel project is not completed, the authorization contained herein shall be contingent upon the execution, prior to execution of the afore-mentioned Purchase and Sale Contract, of an agreement between the City and IURA that permits the City to lease parcel B-1 from the IURA, at no cost, until the parcel is conveyed for development of the approved hotel project and, in the event that the above-referenced Purchase and Sale Contract expires without completion of the conveyance, that permits the City to reacquire parcel B-1 from the IURA for $1.00 and pay all closing costs, and be it further RESOLVED, That the Mayor is hereby authorized to execute any and all agreements and documents necessary to implement this resolution, following review of the same by legal counsel for the City. Alderperson Coles stated that the Rimland project was originally proposed as a housing project and she was not informed when it changed to a hotel project. She further stated that she has consistently voted for downtown projects because she believes downtowns stay vibrant when housing is a strong component. She stated that she would like to request that the developer pay a living wage to its employees and noted that she appreciates Mr. Rimland’s offer to pay a portion of the employees a living wage. She further stated that the largest investments are being made in the downtown area and not other neighborhoods and real estate taxes paid on this property would remain the same. She stated that the moral question is why the City would want to sell this land to the developer when it knows the effects of minimum wage. Alderperson Cogan stated that he supports this project and appreciates the efforts of the people who have worked with the developer to secure a living wage for the housekeeping staff. He further stated that the Tompkins County Workers Center is working to organize all hotel workers in the county. He stated that he has a problem April 2, 2008 11 with focusing this type of attention on one project in the community and can’t overlook the potential benefits of the project (i.e. property taxes, sales tax revenues, etc.) He noted that the site is not contributing to the community and in fact detracts from it. In addition, the proposed project could become an anchor for the downtown area. Alderperson Korherr questioned whether any parking arrangements have been made with the developer for use of City garages. Community & Development Director Bohn explained that there are no commitments for parking in the purchase and sale contracts. The developer can use parking at the prevailing rate with no reservation of particular spaces in any garage. Alderperson Korherr stated that she supports the project but questioned what would guarantee that the living wage reports from the developer would continue and what the ramifications would be if they didn’t. City Attorney Hoffman explained that the purchase and sale contract is between the Ithaca Urban Renewal Agency and Ithaca Properties, LLC. He stated that the Ithaca Urban Renewal Agency would be in charge of enforcement of the contract. Community and Development Director Bohn stated that non conformance with the living wage reporting requirement could be considered a breach of contract. He further noted that the developer has established a pattern of good faith bargaining. Alderperson Zumoff stated that he strongly supports this project as it would increase the revenues of downtown businesses and enable them to increase the salaries of their employees. Alderperson Dotson stated that she agrees with the comments made by Alderperson Coles. She asked if this project would increase or narrow the difference between the “haves” and the “have nots”. She stated that it is not moral to increase profits on the backs of those who can’t pay their bills. She stated that her preference was a housing proposal instead of a hotel and noted that reducing greenhouse gas emissions should be a goal for new and existing buildings in the City. Alderperson Rosario stated that he supports the project and explained that there is a commitment from the developer to ensure that project will not include a national chain restaurant or coffee shop that will compete with local businesses. He further stated that the City has a moral obligation to the common good. As the City increases its taxable base, it will qualify for lower interest rates and save taxpayer dollars. Alderperson Myrick stated that it is the Council’s moral obligation to be a responsible, fiscal steward for the City. Alderperson Clairborne stated that he is conflicted about the project and the associated complex issues such as diversity and livable wages for the hotel workers. Alderperson Tomlan stated that she hopes everyone will re-double their efforts on wage and environmental issues on other initiatives. She further stressed the importance of this project to downtown. Mayor Peterson stated that she appreciates the amount of thought and the depth of concerns that Council members have expressed. A Vote on the Resolution resulted as follows: Ayes (9) Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler, Myrick Cogan, Korherr Nays (1) Coles Carried RECESS Common Council recessed the meeting at 9:45 p.m. RECONVENE: Common Council reconvened the meeting at 10:00 p.m. April 2, 2008 12 10.3 Proposal to Maintain a Temporary Enclosed Off-Leash Dog Area on City Owned Lands A. Declaration of Lead Agency – Resolution By Alderperson Tomlan: Seconded by Alderperson Korherr WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposal to maintain a temporary enclosed off-leash dog area is an “Unlisted” Action pursuant to the City Environmental Quality Review Ordinance (“CEQR”), which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself Lead Agency for the environmental review of the proposal to maintain a temporary enclosed off-leash dog area and an extension of the rescission of the “leash law” on a portion of the City-owned “Festival Lands” adjacent to Allan H. Treman State Marine Park. Ayes (8) Coles, Dotson, Rosario, Zumoff, Tomlan, Schuler, Korherr, Cogan Nays (0) Carried Alderpersons Clairborne, Myrick absent from the vote B. Determination of Environmental Significance – Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, the City of Ithaca is considering a proposal to maintain a temporary enclosed off-leash dog area and an extension of the rescission of the “leash law” on a portion of the City-owned “Festival Lands” adjacent to Allan H. Treman State Marine Park for a period ending December 31, 2008, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Full Environmental Assessment Form (“FEAF”), and WHEREAS, this action has been reviewed by the Tompkins County Planning Department pursuant to §239-l–m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been distributed to the City of Ithaca Conservation Advisory Council and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the FEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Full Environmental Assessment Form, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. April 2, 2008 13 Alderperson Tomlan stated that Tompkins County Planning Commissioner Ed Marx has notified the City that the County reviewed this proposal and there are no negative impacts. The County looks forward to reviewing a proposal for a permanent dog park later this year. Alderperson Dotson stated that she would not support this proposal due to the absence of review of greenhouse gas emissions from the (LEAF/SEAF) CEQRO process. A Vote on the Resolution resulted as follows: Ayes (8) Coles, Rosario, Tomlan, Zumoff, Myrick, Schuler, Cogan, Korherr Nays (1) Dotson Carried Alderperson Clairborne absent from vote C. Approval of the Proposal – Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, on October 4, 2006, the Common Council amended Chapter 164 of the Ithaca City Code, by creating a temporary exemption from the requirement that dogs be leashed at all times (when not on the property of the owner), with regard to a portion of the City-owned area known as the “Festival Lands” adjacent to the Allan H. Treman State Marine Park and Cass Park, and, at the same time, directed the Board of Public Works to promulgate and post rules and regulations for the use of the area, by December 1, 2006, and WHEREAS, that temporary exemption from the requirement that dogs be leashed at all times extended through December 1, 2007, and WHEREAS, in December 2007, the Common Council voted to extend the rescission of the “leash law” until April 3, 2008, with the condition that dogs are allowed off leash only after a fence with gates had been constructed around the area that had been designated the off-leash area, and WHEREAS, the Common Council has declared its intent to find a suitable site, within or in close proximity to the City of Ithaca, where a permanent, safe and attractive off-leash area for dogs could be located, without significant impact on the natural environment, and WHEREAS, the City is currently working in cooperation with New York State Parks to establish a permanent location for an off-leash dog park, and WHEREAS, while a permanent location is being located, the City is proposing to maintain a temporary enclosed off-leash dog area for the comfort and protection of the public on City-owned lands, and WHEREAS, it is anticipated that a permanent location will be established on or before December 31, 2008, and WHEREAS, the enclosed map/photo shows the boundaries of the temporary off-leash dog area previously established by the Board of Public Works and amended by the Common Council; now, therefore, be it RESOLVED, That the City of Ithaca does hereby maintain a temporary enclosed off- leash dog area on City-owned lands in the area shown on the attached map and that the previous temporary exemption of a portion of the Festival Lands from the “leash law” will be renewed until December 31, 2008, by means of an ordinance intended to accompany this resolution. Alderperson Korherr stated that she wanted to acknowledge the memo from the City of Ithaca Parks Commission regarding consideration of the possible creation of smaller April 2, 2008 14 fenced areas at neighborhood parks. She also voiced her support for looking for additional parks outside of the city. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Cogan RESOLVED, That the last Resolved clause be amended to read as follows: “RESOLVED, That the City of Ithaca does hereby maintain a temporary enclosed off- leash dog area on City-owned lands in the area shown on the map/photo and as said enclosed area may be modified hereafter by Common Council or the Board of Public Works, and that the previous temporary exemption of a portion of the Festival Lands from the “leash law” will be renewed until December 31, 2008, by means of an ordinance intended to accompany this resolution.” Carried Unanimously Main Motion As Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously D. An Ordinance to Amend Chapter 164 of the City of Ithaca Municipal Code Entitled: “Dogs and Other Animals” By Alderperson Tomlan: Seconded by Alderperson Schuler ORDINANCE 08- BE IT ORDAINED AND ENACTED, by the Common Council of the City of Ithaca, as follows: SECTION 1. Chapter 164 (“Dogs and Other Animals”), Article III (“Dogs”), Section 164- 9 (“Prohibited Acts”), subsection B, of the City of Ithaca Municipal Code, is hereby amended to read as follows: § 164-9. Prohibited Acts. B. Temporary Exemption: Effective as of April 4, 2008, and for duration of the period described below, Subdivision A.1, above, shall not apply to owners whose dogs are off leash in the fenced portion of the area owned by the City known as the “Festival Lands,” which Lands are adjacent to Allan H. Treman State Marine Park and which are shown as “Parcel B” on a survey map of Cass Park dated August 15, 2001, by T.J. Miller, PC, provided that such owners are in compliance with all rules and regulations established by the Board of Public Works for such off-leash area. This exemption shall continue until December 31, 2008. SECTION 2. Severability. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. SECTION 3. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Korherr RESOLVED, That §164-9B be amended to read as follows: “B. Temporary Exemption: Effective as of April 4, 2008, and for duration of the period described below, Subdivision A.1, above, shall not apply to owners whose dogs are off leash in the fenced portion of the area owned by the City known as the “Festival Lands,” which Lands are adjacent to Allan H. Treman State Marine Park and which are shown as “Parcel B” on a survey map of Cass Park dated August 15, 2001, by T.J. Miller, PC (which fenced area subject to this exemption may extend onto immediately adjacent lands), provided that such owners are in compliance with all rules and regulations April 2, 2008 15 established by the Board of Public Works for such off-leash area. This exemption shall continue until December 31, 2008.” Carried Unanimously Main Motion As Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously 11. CITY ADMINISTRATION COMMITTEE: 11.1 Workplace Violence Committee – Approval of a Workplace Violence Prevention Policy – Resolution By Alderperson Coles: Seconded by Alderperson Schuler WHEREAS, in January 2006, the New York State Legislature enacted a workplace violence prevention law which mandated that public employers must develop and implement programs to prevent workplace violence, and WHEREAS, said programs are mandated to consist of three (3) components; an evaluation of the workplace, a written workplace violence prevention policy, and training of all employees, and WHEREAS, the City of Ithaca formed a committee of staff from the various City departments, including Police, Attorneys, Human Resources, Building, Information Technology, others, and a Common Council liaison to develop and implement programs to prevent workplace violence, including drafting and implementing a written workplace violence prevention policy, and WHEREAS, the State of New York, in June 2007, promulgated regulations concerning Public Employer Workplace Violence Prevention Programs, 12 NYCRR Part 800.16, including regulations pertaining to a Workplace Violence Prevention Policy, and WHEREAS, the Workplace Violence Prevention Committee utilized said regulations as a basis for drafting a Workplace Violence Prevention Policy; now, therefore be it RESOLVED, That the Ithaca Common Council approves the City of Ithaca Workplace Violence Prevention Policy dated April, 2, 2008. Discussion followed on the floor regarding changes to the language of the Workplace Violence Prevention Policy. Amending Resolution: By Alderperson Clairborne: Seconded by Alderperson Dotson RESOLVED, That the definition of “Weapons” in Section 1 of the City of Ithaca Workplace Violence Prevention Policy be amended to read as follows: “WEAPONS are defined as firearms, chemical sprays, clubs or batons, knives (except for non-spring pocket knives), and include any device, tool, chemical agent, or other implement capable of bodily harm if it is used as a weapon or displayed in such a manner to cause harm or threaten a person with harm.” Carried Unanimously Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Zumoff RESOLVED, That section 6. “Prohibited Behavior” numbers 5 & 6 in the City of Ithaca Workplace Violence Policy be amended to read as follows: “5. All employees, except employees carrying self-defense weapons pursuant to sub-section 6 below, are prohibited from carrying weapons (except non-spring pocket knives) while engaged in City business unless carrying a weapon is required by the job classification of the employee and there are specific policies and procedures which govern the use and/or display of a weapon by individuals in such job classification. 6. Employees engaged in City business shall not carry self-defense weapons (except non-spring pocket knives) without a valid permit when required or in violation of any law or this policy. Employees who carry a legal self-defense weapon shall notify April 2, 2008 16 the department head and Human Resources in writing of what type of weapon is being carried. Employees who carry legal weapons for self defense may be in violation of this policy and may be subject to personal civil liability and legal prosecution in the event of: accidental discharge or loss of the weapon; use, threat of use, or display of the weapon while engaged in City business, or violation of any law related to carrying a legal self defense weapon while engaged in City business. Examples include but are not limited to: concealed weapon (handgun permit); mace, non-spring pocket knives, pepper spray or other chemical agents; stun guns.” Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as followed. Carried Unanimously 11.2 DPW – Approval of Safe Routes to School Application – Resolution By Alderperson Coles: Seconded by Alderperson Dotson WHEREAS, the Safe Routes to School (SRTS) Program was created in 2005 on passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), and WHEREAS, the New York State Department of Transportation, which is administering the program in the State, has called for applications to be due on April 1, 2008, and WHEREAS, staff from the Office of the City Engineer have worked with community members and school officials to develop an application for the program, and WHEREAS, Common Council desires to submit this application; now, therefore be it RESOLVED, That the Mayor be hereby authorized to sign and submit an application for the Safe Routes to School program in an amount to not exceed $200,000, and be it further RESOLVED, That Common Council authorizes this application with the understanding that though the City of Ithaca will provide funding in the first instance for the program, 100% of the eligible costs will be reimbursed by federal funds, except for in-kind commitments of City staff time and office resources. Alderperson Coles explained that she, Traffic Engineer Logue, Engineering Technician Johnson, and Alderperson Dotson participated in discussions with students and representatives from the local schools on how these grant funds should be spent. Alderperson Dotson stated that this is a great initiative and that it would be great to have a coordinator for these types of activities. She further stated that it was great to see the community collaboration that went into this project. Engineering Technician Johnson expressed his thanks and appreciation to the following individuals and organizations that helped to support the Safe Routes to School application: 1. The numerous students, parents, teachers and administrators that worked with the City to develop the SRTS application. 2. The Ithaca Police Department for their willingness to provide a sizable in-kind contribution to this project in the form of increased school zone enforcement. 3. The Cornell University Public Service Center for their commitment to supply work-study students to assist in implementing the SRTS project. 4. The City’s Parks and Forestry division for offering in-kind services. 5. The Board of Public Works and the City Administration Committee for endorsing this project. 6. The principals for Lehman Alternative Community School and Beverly J. Martin Elementary School for their support of this project. 7. Other organizations and individuals that have provided letters of support and have helped in the preparation of the SRTS application, and Common Council. April 2, 2008 17 Engineering Technician Johnson further stated that this support helped to improve and refine the scope of the project, and that the commitment of resources from the City and Cornell University made the application more attractive to those ranking the submitted proposals. He explained that proposed SRTS programs may request 100% federal reimbursement for program costs and applications that offer local funds are ranked higher because they demonstrate a higher level of commitment to the proposed project. In the case of the City’s application, the local contribution is estimated to be 16% of the program costs, which shows a very high commitment. A Vote on the Resolution resulted as follows: Carried Unanimously 11.3 DPW – Amendment to Capital Project #514 Cold Storage Building – Resolution By Alderperson Coles: Seconded by Alderperson Schuler WHEREAS, bids were received and opened on February 19, 2008 for construction of a pre-engineered post-frame storage building at the Water and Sewer Division site at 510 First Street (CP #514), and WHEREAS, the bid package consisted of a base bid and seven alternate items to be awarded at the discretion of the City, and WHEREAS, staff has reviewed the four bids received and made recommendations for award of the base bid plus Alternate #3, which provides for insulation of the building, and WHEREAS, award of the project with recommended alternate item will exceed the budgeted amount of $190,000 for this Capital Project by $56,925.45, and WHEREAS, the Board of Public Works has made recommendation by resolution at their March 5, 2008 meeting for award of the base bid plus Alternate Item #3 to Gudabari, Inc. of Savannah, New York for a total contract amount of $246,925.45; now, therefore be it RESOLVED, That Common Council hereby amends Capital Project #514, construction of the Cold Storage Building at the City of Ithaca, DPW, Water and Sewer Division Facility at 510 First Street by an amount not to exceed $58,000 including financing for a total project authorization of $248,000, and be it further RESOLVED, That funds necessary for said amendment should be derived from the issuance of Bonds. Alderperson Clairborne explained that construction estimates for this project were originally made in 2006 and he is pleased that this project is moving forward because it will improve the appearance of the Water & Sewer Division. A Vote on the Resolution resulted as follows: Carried Unanimously 11.4 DPW – Approval of Johnson Controls Water Meter Project – Resolution By Alderperson Coles: Seconded by Alderperson Korherr WHEREAS, the City bills its utility customers over $8 million for water and sewer services each year based on readings of water meters installed in the customers’ premises, and WHEREAS, it is anticipated that this billing will increase significantly due to a projected plan either to restore or replace the City’s water treatment plant, and WHEREAS, the City entered into an Energy Performance Contract with Johnson Controls in late 2006 but delayed the water meter replacement portion of that contract in April 2, 2008 18 order to research options for water meter upgrade, automated meter reading, and a new system for imbedded leak detection, and WHEREAS, staff has recently made recommendations which Johnson Controls has used to develop a proposal for the Energy Performance Contract Phase 2 which projects $4.2 million in savings, increased revenues and other benefits to cover the current meter replacement estimated cost of $2,348,000 or 15 year total costs of $3,100,000, and WHEREAS, the Board of Public Works has recommended the creation of a Capital Project in the amount of $2,348,000 by Common Council for the purpose of upgrading the City’s water meters and converting to automated meter reading, and WHEREAS, a final contract needs to be developed between the City and Johnson Controls for said upgrade of the City’s water meters; now, therefore be it RESOLVED, That Common Council hereby authorizes the Mayor, City Attorney, City Controller and Superintendent of Public works to negotiate a final contract based on this resolution, and that the Mayor is hereby authorized to sign the contract, and be it further RESOLVED, That funding for the said project will be made through a municipal lease negotiated by the Controller’s Office or the issuance of Bonds with payment made by the Water and Sewer Funds, and be it further RESOLVED, That the increased revenue and benefits recovered from said project shall, at a minimum, be equal to the overall cost of the project as a result of a Johnson Controls meter accuracy guarantee and ongoing operational savings associated with the leak detection system and the automated meter reading system. Carried Unanimously 11.5 Fire Department – Request to Extend City/Town Fire Memorandum of Understanding (MOU) – Resolution By Alderperson Coles: Seconded by Alderperson Dotson WHEREAS, the current five year City of Ithaca and Town of Ithaca Fire Protection contract expired on December 31, 2007, and WHEREAS, the MOU was extended by both parties until March 31, 2008, and WHEREAS, both sides continue to negotiate a new contract but will not complete the process prior to March 31, 2008, and WHEREAS, the provisions of the said contract will continue in force while negotiations on the terms and conditions of a new contract continue; now, therefore be it RESOLVED, That the terms and conditions of the existing contract be extended through September 30, 2008 per attached Memorandum of Understanding (MOU), and be it further RESOLVED, That Common Council hereby authorizes the Mayor to execute the MOU dated April 2, 2008 for said contract extension. Carried Unanimously 11.6 Report of City Controller: City Controller Thayer reported to Common Council on the following items: - Increased fuel costs are affecting contract and construction costs which will result in budget amendments. - The 2007 books are closing and show positive operation results - The 2006 audit is complete - Sales Tax revenue is up approximately 10% - Parking revenues are on target - Fine revenues are on target April 2, 2008 19 - Expenses may be $50,000 over budget - Health insurance costs may result in a short fall in the budget - State budget final approvals due this week. A 2% cut in State aid could result in a $56,000 to $57,000 loss to the City. The City budgeted this item conservatively and may be okay Alderperson Korherr left the meeting at 11:00 p.m. Motion to Extend Meeting: By Alderperson Cogan: Seconded by Alderperson Clairborne RESOLVED, That the meeting be extended to 11:15 p.m. Carried Unanimously (9-0) Alderperson Korherr absent from vote Alderperson Dotson noted that TCAT may run over budget due to increased fuel costs and questioned what impact that may have on the City. City Controller Thayer responded that the 2008 Budget was increased by $15,000 to accommodate escalating fuel costs and that he will continue to monitor those expenses. Mayor Peterson reported that the New York State Department of Environmental Conservation has shut down the City’s landfill at Southwest Park and issued the City a fine. She explained that this has resulted in the City having to transport waste materials to another county to dispose of them. Supt. Gray reported that city staff is learning about various recycling methods that are in place for waste materials. 13. NEW BUSINESS: 13.1 Blue Stone Bar & Grill Alcohol Permit Request - Resolution By Alderperson Dotson: Seconded by Alderperson Clairborne WHEREAS, the City Clerk’s Office has received a request to allow the Blue Stone Bar & Grill 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 Blue Stone Bar & Grill, 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 Blue Stone Bar & Grill that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously (9-0) Alderperson Korherr absent from vote 13.2 Benchwarmers Restaurant Alcohol Permit Request - Resolution By Alderperson Dotson: Seconded by Alderperson Clairborne WHEREAS, Benchwarmers Restaurant on the Commons has requested an outdoor dining permit with permission for the sale and consumption of alcohol, and April 2, 2008 20 WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Benchwarmers Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2008, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Benchwarmers Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously (9-0) Alderperson Korherr absent from vote 13.3 Ragmann’s Restaurant Alcohol Permit Request - Resolution By Alderperson Dotson: Seconded by Alderperson Clairborne WHEREAS, the City Clerk’s Office has received a request to allow Ragmann’s Restaurant to utilize certain areas along North 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 Ragmann’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 Ragmann’s Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously (9-0) Alderperson Korherr absent from vote 13.4 Common Council’s Appointment to the Local Advisory Board of Assessment Review – Resolution By Alderperson Cogan: Seconded by Alderperson Tomlan RESOLVED, That Margaret Hobbie and Susan Lewis be appointed to the Local Advisory Board of Assessment Review. Carried Unanimously (9-0) Alderperson Korherr absent from vote April 2, 2008 21 14. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14.1 Resolution of Support for the Application of the Downtown Ithaca Business Improvement District (Downtown Ithaca Alliance) to the 2008 New York Main Street Program By Alderperson Cogan: Seconded by Alderperson Zumoff WHEREAS, the State of New York Housing Trust Fund Corporation and the New York Division of Housing and Community Renewal have made available grant funds to qualified downtown organizations under the New York Main Street program for main street revitalization projects; and WHEREAS the Downtown Ithaca Business Improvement District (Downtown Ithaca Alliance) is an eligible grant recipient of Main Street funding; and WHEREAS, the Downtown Ithaca BID has previously received a grant award from the New York Main Street program that has improved facades on seven downtown properties, provided streetscape improvements, including the new historic lamps on the 100 Block of North Aurora Street; and WHEREAS, the Downtown Ithaca BID is applying to the 2008 New York Main Street program for an additional allocation of $200,000 to be used for downtown façade improvements and streetscape amenities on the secondary Commons, with $175,000 allocated to façade improvements and $25,000 earmarked for streetscape amenities; and WHEREAS, administration and match requirements for this grant will be provided by the Downtown Ithaca BID and the participating property owners; and WHEREAS, receipt of this grant will assist in the revitalization of downtown Ithaca by enhancing the historic heritage and character of downtown buildings; and WHEREAS, the Downtown Ithaca BID seeks Common Council support, but no cash match, for a grant application; and WHEREAS, the Downtown Ithaca BID will work with property owners and businesses in the downtown Ithaca BID district to obtain the necessary matching funds for façade projects; now, therefore be it RESOLVED, That the City of Ithaca Common Council does hereby support the application of the Downtown Ithaca Business Improvement District to the State of New York Main Street Program. Carried Unanimously (9-0) Alderperson Korherr absent from vote 15. MAYOR’S APPOINTMENTS: 15.1 Ithaca Landmarks Preservation Commission By Alderperson Tomlan: Seconded by Alderperson Schuler RESOLVED, That Susan Jones be appointed to the Ithaca Landmarks Preservation Commission to fill a vacancy with a term to expire December 31, 2008. Carried Unanimously (9-0) Alderperson Korherr absent from vote REPORT OF CITY CLERK: City Clerk Holcomb stated that the 2008 Annual Community fire works would be held on Wednesday, July 2, 2008 and asked if Common Council would like to consider meeting on a different date that month. Common Council asked City Clerk Holcomb to send out alternative available dates based on the monthly meeting schedule. Alderperson Rosario stated he would not be available July 1st or 2nd. April 2, 2008 22 REPORT OF CITY ATTORNEY: City Attorney Hoffman reported that the City has settled two lawsuits: - The former “Dollar” store case was settled with a payment of $15,000. - Cascadilla Creek Wall Collapse – was settled with a three-way split with the Linn Street property owner, the City’s insurance carrier, and the City for a total cost of $107,000. City Attorney Hoffman further reported that Common Council should expect to receive a decision soon on the eminent domain case for the property under the Green Garage soon. 19. MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the March 5, 2008 Regular Common Council Meeting Minutes – Resolution By Alderperson Coles: Seconded by Alderperson Rosario RESOLVED, That the minutes of the March 5, 2008 Regular Common Council meeting be approved with noted corrections. Carried Unanimously (9-0) Alderperson Korherr absent from vote 20. ADJOURNMENT: On a motion the meeting adjourned at 11:20 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor