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HomeMy WebLinkAbout04-04-12 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, April 4, 2012, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS /AWARDS: 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Clerk's Office: 8.1 Mia Noodle Bar and Restaurant Alcohol Permit Request - Resolution 8.2 Lot 10 Kitchen and Lounge Alcohol Permit Request — Resolution 8.3 Request of Downtown Ithaca Alliance to Permit Wine Tasting and Sale of Bottled Wine During the Cornell University Big Red Marching Band and Cornell University Dairy Store Wine and Cheese Tasting Event taking place on the Ithaca Commons on April 28, 2012 — Resolution 8.4 Request of Downtown Ithaca Alliance to Permit Wine Tasting and Sale of Bottled Wine During the Ithaca College Guidance Counselor Conference Wine and Cheese Tasting Event taking place on the Ithaca Commons on June 7, 2012 — Resolution 8.5 Request of Downtown Ithaca Alliance to Offer for Sale and Consumption - Wine and Beer During the 2012 Summer Concert Series on the Ithaca Commons — Resolution 8.6 Request of the Ithaca Festival to Offer for Sale and Consumption Wine and Beer During the 2012 Ithaca Festival Scheduled for May 31 — June 3, 2012 8.7 Appointment of Marriage Officer — Resolution City Administration Committee: 8.8 Chamberlain's Office — Amendment to 2012 Tax Roll - Resolution 6M Common Council Meeting Agenda April 4, 2012 Page 2 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Resolution Supporting a Feasibility Study of a Downtown Combined Heat and Power /District Energy Utility Solution 10. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: Update from the March 13, 2012 meeting from Committee Chair Mohlenhoff 11. CITY ADMINISTRATION COMMITTEE: 11.1 Attorney's Office - Amendment to Personnel Roster for Deletion of Temporary Position and for Increased Hours - Resolution 11.2 Finance /Controller's Office - Approval of 2010 Single Audit - Resolution 11.3 City Controller's Report 12. REPORTS OF SPECIAL COMMITTEES: 13. NEW BUSINESS: 14. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 15. MAYOR'S APPOINTMENTS: 15.1 Appointments to Local Board of Assessment Review - Resolution 15.2 Appointments to Bicycle Pedestrian Advisory Council — Resolution 15.3 Appointment to Building Code Board of Appeals — Resolution 15.4 Appointment to Conservation Advisory Council - Resolution 15.5 Appointment to Parks Commission - Resolution 15.6 Appointment to Public Art Commission - Resolution 15.7 Appointment to Youth Bureau Advisory Board — Resolution 16. REPORTS OF COMMON COUNCIL LIAISONS: 17. REPORT OF CITY CLERK: 18. REPORT OF CITY ATTORNEY: 19. MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the March 7, 2012 Regular Common Council Meeting Minutes — Resolution 19.2 Approval of the March 14, 2012 Special Common Council Meeting Minutes — Resolution N N 20. ADJOURNMENT: Common Council Meeting Agenda April 4, 2012 Page 3 If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274 -6570 at least 48 hours before the meeting. Date: March 29, 2012 R 0 C Pie Conley Holcomb, CIVIC City Clerk 8. CONSENT AGENDA ITEMS: City Clerk's Office: 8.1 Mia Noodle Bar and Restaurant Alcohol Permit Request - Resolution WHEREAS, the City Clerk has received a request to allow Mia Noodle Bar and 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 Mia Noodle Bar and 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 2012, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Mia Noodle Bar and 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. 8.2 Lot 10 Kitchen and Lounge Alcohol Approval Request - Resolution WHEREAS, the City Clerk has received a request to allow Lot 10 Kitchen and Lounge to utilize certain areas along Cayuga 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 Lot 10 Kitchen and Lounge, 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 2012, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Lot 10 Kitchen and Lounge 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. 8.3 Request of Downtown Ithaca Alliance to Permit Wine Tasting and Sale of Bottled Wine During the Cornell University Big Red Marching Band and Cornell University Dairy Store Wine and Cheese Tasting Event taking place on the Ithaca Commons on April 28, 2012 — Resolution WHEREAS, the Downtown Ithaca Alliance has requested permission for wine tasting and sales as part of the Cornell University Big Red Marching Band and Cornell University Dairy Store Wine and Cheese Tasting Event taking place on the Ithaca Commons on April 28, 2012; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine tasting and sale of bottled wine during the above event on the Ithaca Commons on April 28, 2012 and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating wineries shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. IM IR 8.4 Request of Downtown Ithaca Alliance to Permit Wine Tasting and Sale of Bottled Wine During the Ithaca College Guidance Counselor Conference Wine and Cheese Tasting Event taking place on the Ithaca Commons on June 7. 2012 — Resolution WHEREAS, the Downtown Ithaca Alliance has requested permission for wine tasting and sales as part of the Ithaca College Guidance Counselor Conference Wine and Cheese Tasting Event taking place on the Ithaca Commons on June 7, 2012; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine tasting and sale of bottled wine during the above event on the Ithaca Commons on June 7, 2012 and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating wineries shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. M M 8.5 Request of Downtown Ithaca Alliance to Offer for Sale and Consumption Wine and Beer During the 2012 Summer Concert Series on the Ithaca Commons (June — September 2012) — Resolution WHEREAS, the City Clerk has received a request to allow the Downtown Ithaca Alliance to offer for sale and consumption wine and beer during the 2012 Summer Concert Series (June — September 2012) on the Ithaca Commons, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including the sale and consumption of wine and beer during the 2012 Summer Concert Series (June — September 2012), 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; now, therefore be it RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the sale and consumption of wine and beer during the 2012 Summer Concert Series (June — September 2012) on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or consumption of wine and beer on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance shall per the advice of the City Attorney, agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00, and shall provide evidence of such insurance to the City Clerk. IM 8.6 Request of the Ithaca Festival to Offer for Sale and Consumption Wine and Beer During the 2012 Ithaca Festival Scheduled for May 31 — June 3, 2012 WHEREAS, the City of Ithaca Special Event Team has received a request to allow the Ithaca Festival to offer for sale and consumption wine and beer during the 2012 Ithaca Festival on and around the Ithaca Commons, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including the sale and consumption of wine and beer during the 2012 Ithaca Festival, 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; now, therefore be it RESOLVED, That the Ithaca Festival shall be authorized to arrange for the sale and consumption of wine and beer during the 2012 Ithaca Festival on and around the Ithaca Commons, and, be it further RESOLVED, That the Ithaca Festival shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or consumption of wine and beer on the Ithaca Commons, and, be it further RESOLVED, That the Ithaca Festival shall, per the advice of the City Attorney, agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00, and shall provide evidence of such insurance to the City Clerk. M 8.7 Appointment of Marriage Officer — Resolution WHEREAS, a request has been received from Cornell University Professor, Isaac Kramnick, who resides at 125 Kelvin Place to be appointed as a Marriage Officer so that he would be able to officiate the wedding ceremony of his friends; now, therefore, be it RESOLVED, That Cornell University Professor, Isaac Kramnick, be appointed as a Marriage Officer in the City of Ithaca for the date of May 15, 2012. 2M City Administration Committee: 8.8 Chamberlain's Office — Amendment to 2012 Tax Roll - Resolution WHEREAS, pursuant to Section 554 of the Real Property Tax Law, the Director of Assessment has investigated an application for the correction of an error in essential fact filed by the owners of 315 Elm Street, tax map number 77. -1 -9 and WHEREAS, the investigation revealed that an error in reporting of certain income resulted in an error in an aged exemption; now therefore, be it RESOLVED, That the 2012 Tax Roll for the City of Ithaca be amended to reduce the 2012 City of Ithaca taxes on the parcel identified as map number 77. -1 -9 by $56.89, and be it further RESOLVED, That the City Chamberlain is authorized and directed to make the appropriate refund and changes. IM 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 A Resolution Supporting A Feasibility Study of a Downtown Combined Heat and Power /District Energy Utility Solution WHEREAS, the City of Ithaca supports the study for facilitation and implementation of a downtown Combined Heat and Power (CHP) /District Energy Utility solution to provide electricity and heat to downtown building owners, their tenants, and to municipal buildings and to provide Hydronically heated sidewalks to the Commons and select portions of downtown Ithaca, New York, and WHEREAS, the City of Ithaca believes that a downtown Combined Heat and Power (CHP) /District Energy Utility solution would qualify the Ithaca Downtown Commons Redesign project for additional federal funding to implement the Downtown Commons Redesign project as proposed by Sasaki, and WHEREAS, combined heat and power projects are established in the industry to be significantly more energy efficient than producing heat and power separately, and therefore are important to evaluate as possible components of renewable and sustainable energy solutions to reduce the City of Ithaca's carbon footprint, and WHEREAS, the City of Ithaca has committed itself to meet or exceed the Kyoto Protocol targets for reducing global warming pollution by taking action locally and having committed itself to reducing greenhouse gas emissions for government operations to levels 20% below 2001 levels by the year 2016, and WHEREAS, Energize Ithaca, LLC proposes to conduct a feasibility study funded by a combination of federal and private money to determine the feasibility of a downtown Combined Heat and Power (CHP) /District Energy Utility solution, and has requested the cooperation and non - financial support of the City of Ithaca; now, therefore, be it RESOLVED, That the City of Ithaca strongly supports completion of a study to determine feasibility of a Combined Heat and Power(CHP) /District Energy Utility solution for downtown Ithaca. M 11. CITY ADMINISTRATION COMMITTEE: 11.1 Attorney's Office -Amendment to Personnel Roster for Deletion of Temporary Position and for Increased Hours - Resolution WHEREAS, the position of Assistant City Attorney had long been a full -time position until January 2011, and WHEREAS, at the request of a former Assistant City Attorney, the City reduced her position to half -time in January 2011, and WHEREAS, the workload of the City Attorney's Office is such that the City was thereafter required to hire a temporary, half -time Associate City Attorney to supplement the half -time Assistant City Attorney's work, and WHEREAS, the same employee now serves both in the role of half -time Assistant City Attorney and of half -time temporary Associate City Attorney, and WHEREAS, the temporary position of half -time Associate City Attorney will expire on April 3, 2012, and WHEREAS, the City Attorney's Office can best function if, upon the April 3 expiration of the temporary, half -time Associate City Attorney position, the half -time Assistant City Attorney position that does not serve as the City Prosecutor is increased to a full -time position, and WHEREAS, this increase can be achieved for the remainder of 2012 within the existing 2012 authorized Attorney budget and prior year encumbrances; now, therefore, be it RESOLVED, That the Personnel Roster of the City Attorney's Office be amended as follows: Add: One (1) Full -time 40 hour Assistant City Attorney Position Delete: One (1) Half -Time Associate City Attorney (Temporary) and be it further RESOLVED, That said roster amendment will be effective April 4, 2012, and be it further RESOLVED, That the position of City Attorney, the existing full -time position of Assistant City Attorney, and the existing half -time position of Assistant City Attorney that serves as City Prosecutor shall remain unchanged, and be it further RESOLVED, That funds necessary for this roster amendment shall be derived within existing 2012 authorized Attorney budget and prior year encumbrances. 11.2 Finance /Controller's Office - Approval of 2010 Single Audit - Resolution RESOLVED, That the Independent Auditor's Report for the period January 1, 2010, through December 31, 2010, prepared by the accounting firm of Ciaschi, Dietershagen, Little and Mickelson & Company, LLP be accepted to comply with all the City's applicable Governmental Accounting Standards Board (GASB) Statement 34 and other related audit and single audit requirements. M M 15. MAYOR'S APPOINTMENTS: 15.1 Appointments to Local Board of Assessment Review - Resolution RESOLVED, That Tom Clavel and Kris Altucher be appointed to the Local Advisory Board of Assessment Review, with Linda Santos appointed as an alternate to the Board, if needed. 15.2 Appointments to Bicycle Pedestrian Advisory Council — Resolution RESOLVED, That Gail Steinhart be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2013, and be it further RESOLVED, That Jan Schwartzberg be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2013, and be it further RESOLVED, That Daniel Keough be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2014, and be it further RESOLVED, That Steven Williams be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2014, and be it further RESOLVED, That Renee Brutvan be reappointed to the Bicycle Pedestrian Advisory Council with a term to expire December 31, 2014. 15.3 Appointment to Building Code Board of Appeals — Resolution RESOLVED, That Lou Vogel be reappointed to the Building Code Board of Appeals with a term to expire December 31, 2014. 15.4 Appointment to Conservation Advisory Council — Resolution RESOLVED, That Joanna B. Nadeau be appointed to the Conservation Advisory Council to fill a vacancy with a term to expire December 31, 2014. 15.5 Appointment to Parks Commission — Resolution RESOLVED, That Stephan Schmidt be appointed to the Parks Commission to fill a vacancy with a term to expire December 31, 2013. 15.6 Appointment to Public Art Commission — Resolution RESOLVED, That Grace Ritter be appointed to the Public Art Commission to replace Samantha Hillson with a term to expire June 30, 2013. 15.7 Appointment to Youth Bureau Advisory Board — Resolution RESOLVED, That George McGonigal be appointed to the Ithaca Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2013. M