HomeMy WebLinkAboutMN-CC-2014-03-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. March 5, 2014
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming,
Smith, Kerslick, Martell, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Building - Planning & Development Director – Cornish
Community Development Director – Bohn
Human Resources Director – Michell-Nunn
City Chamberlain – Parsons
City Planner – Wilson
Acting Youth Bureau Director – Vance
GIAC Director - Fort
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor Myrick requested the addition of Consent Agenda Item 8.4 – Ithaca Ale House
Alcohol Permit Request - Resolution.
No Council member objected.
New Business:
Mayor Myrick requested the addition of Item 12.2 Approval of Proposed Settlement of
Perialas, LLC et al. v. City of Ithaca et al - Resolution.
No Council member objected.
Mayor’s Appointments:
Mayor Myrick requested the addition of Item 14.2 - Appointments to Local Board of
Assessment Review – Resolution.
No Council member objected.
PROCLAMATIONS/AWARDS:
Mayor Myrick proclaimed March, 2014 as American Red Cross month.
Mayor Myrick presented the 2014 City of Ithaca Annual Diversity and Inclusion Award to
the City’s Department Heads and Senior Staff members who sponsored showings and
facilitated discussions of the Understanding to Overcome (U2O), Race: The Power of
Illusion films to city staff. He further recognized the efforts of the Organizing Group
(including Human Resources Director Schelley Michell Nunn and Audrey Cooper) who
brought the Understanding to Overcome (U2O) Initiative to the entire Ithaca community.
SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing on a Proposed Extension of a Sales Contract by the
Ithaca Urban Renewal Agency to Cayuga Green II LLC, the City’s preferred
developer
Resolution to Open Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson McCollister
RESOLVED, That the Public Hearing on a Proposed Extension of a Sales Contract by
the Ithaca Urban Renewal Agency to Cayuga Green II LLC, the City’s preferred
developer be declared open.
Carried Unanimously
No one appeared to address Common Council.
March 5, 2014
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Resolution to Close Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson McCollister
RESOLVED, That the Public Hearing on a Proposed Extension of a Sales Contract by
the Ithaca Urban Renewal Agency to Cayuga Green II LLC, the City’s preferred
developer be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Collegetown Area Zoning & Creation of Form Districts:
Alphonse Pieper, Executive Director, Historic Ithaca
John Graves, City of Ithaca
Govind Acharya, City of Ithaca
John Schroeder, City of Ithaca
Max Weisbrod, City of Ithaca
Steve Fontana, City of Ithaca
Tessa Rudan, City of Ithaca
Natalie Sweeny, City of Ithaca
Anna Kelles, City of Ithaca
Scott Morris, City of Ithaca
Nathan Lyman, City of Ithaca
Ann Sullivan, City of Ithaca
John Barradas, City of Ithaca
Tom Hanna, City of Ithaca
Joel Harlan, Town of Newfield, expressed his appreciation to Mayor Myrick for
approaching Cornell University regarding an increase in their voluntary contribution to
the City.
Gino Bush, City of Ithaca, requested a meeting with Alderpersons Clairborne and
Murtagh to discuss serious concerns he has about his neighborhood.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson McCollister clarified the definition of the term transition zone.
Alderperson Kerslick thanked all of the speakers and the people who submitted written
comments about the Collegetown zoning proposal.
Alderperson McGonigal thanked Ms. Sweeney for sharing her ideas regarding
Collegetown and how to attract businesses back into the commercial district.
Alderperson Clairborne thanked the speakers and voiced his support for the
Collegetown Business Alliance. He further responded to comments made by Mr. Bush.
Alderperson Clariborne announced that GIAC would be hosting the Women’s History
Month Museum on March 27-28, 2014. He further extended his congratulations to
Audrey Cooper, Schelley Michell-Nunn and Marcia Fort who will be receiving awards at
the Human Services Coalition Luncheon.
Mayor Myrick shared his experience with his recent invitation to the White House for the
“My Brother’s Keeper” initiative. He explained that the initiative will create an inter-
agency task force that will review existing programs that successfully provide assistance
to young men of color from birth to adulthood. Highlighted programs will receive
additional funding and will be replicated in other cities.
Mayor Myrick further thanked Mr. Weisbrod for coming to the meeting to speak on
behalf of his 6,000 student neighbors.
March 5, 2014
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CONSENT AGENDA ITEMS:
Department of Public Information and Technology:
8.1 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
By Alderperson Kerslick: Seconded by Alderperson McCollister
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 2014, 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
8.2 Sahara Restaurant Alcohol Permit Request - Resolution
By Alderperson Kerslick: Seconded by Alderperson McCollister
WHEREAS, the Sahara 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 Sahara 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 2014, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the
Sahara 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
8.3 Mahogany Grill Alcohol Permit Request - Resolution
By Alderperson Kerslick: Seconded by Alderperson McCollister
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
March 5, 2014
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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 2014, 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
8.4 Ithaca Ale House Alcohol Permit Request - Resolution
By Alderperson Kerslick: Seconded by Alderperson McCollister
WHEREAS, the Ithaca Ale House 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 Ithaca Ale House, 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 2014, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Ithaca Ale House
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
8.5 City Clerk/Fire Department – Authorization to Accept and Adoption of the
Multi-Jurisdictional All-Hazard Mitigation Plan (HMP) Update – Resolution
By Alderperson Kerslick: Seconded by Alderperson McCollister
WHEREAS, the Tompkins County Planning Department, with the assistance from
Barton & Loguidice, P.C., has gathered information and prepared the Multi-Jurisdictional
All-Hazard Mitigation Plan Update for Tompkins County, New York, and
WHEREAS, the Multi-Jurisdictional All-Hazard Mitigation Plan Update (HMP) for
Tompkins County, New York has been prepared in accordance with the Disaster
Mitigation Act of 2000 and Title 44 Code of Federal Regulations (CFR), Part 201, and
March 5, 2014
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WHEREAS, Title 44 CFR, Chapter 1, Part 201.6(c)(5) requires each local government
participating in the preparation of a Multi-Jurisdictional Mitigation Plan (HMP) or Plan
Update to accept and adopt such plan, and
WHEREAS, the City of Ithaca, has reviewed the 2013 Hazard Mitigation Plan (HMP)
Update, has found the document to be acceptable, and as a local unit of government,
has afforded its citizens an opportunity to comment and provide input regarding the
Hazard Mitigation Plan Update and the actions included in the Hazard Mitigation Plan,
and
WHEREAS, the City of Ithaca, will consider the Tompkins County HMP Update during
the implementation and updating of local planning mechanisms, and will incorporate the
hazard assessment data, hazard vulnerabilities, and mitigation actions in these
mechanisms, where applicable; now, therefore, be it
RESOLVED, That the City of Ithaca, as a participating jurisdiction, adopts the Multi-
Jurisdictional All-Hazard Mitigation Plan Update for Tompkins County, New York, dated
December 2013.
Carried Unanimously
*The 230 page plan can be found at:
http://www.tompkinscountyny.gov/files/planning/community%20planning/documents/To
mpkins%20County%20HMP%20Final%20Draft%2001-16-14.pdf
8.6 City Attorney’s Office - Approval of Extension of Exemption from Real
Property Taxes and Provision for In-Lieu Payments (PILOT), with Regard to City
of Ithaca Tax Parcel Numbers 104.-1-2 Pursuant to Section 52 of the Public
Housing Law of the State of New York - Resolution
By Alderperson Kerslick: Seconded by Alderperson McCollister
WHEREAS, the Ithaca Housing Authority (hereinafter referred to as the “IHA”) is a
municipal housing authority created and established by virtue of §429 of the Public
Housing Law and is the current owner of the lands and premises in the City of Ithaca,
County of Tompkins, State of New York known as Titus Towers (T.P # 104.-1-2)
(hereinafter referred to as the “Property”), which property is used for the provision of
affordable rental housing to qualified persons or families of low income; and
WHEREAS, pursuant to §52(3) of the Public Housing Law of the State of New York, the
IHA, as a municipal housing authority has been entitled to and has enjoyed an
exemption from real property taxes subject to certain required payments in lieu of such
taxes; and
WHEREAS, pursuant to §52(5) of the Public Housing Law of the State of New York the
tax exemptions from real property taxes shall not operate for a period of more than fifty
(50) years, commencing in each instance from the date on which the benefits of such
exemption first became available and effective; and
WHEREAS, pursuant to §52(6) of the Public Housing Law of the State of New York the
IHA, as a municipal housing authority that received the tax exemption specified above
may upon the expiration of the tax exemption period be granted an additional tax
exemption period of up to fifty (50) years; and
WHEREAS, the first tax exemption period on Titus Towers (T.P # 104.-1-2) is believed
to have been granted for a forty (40) year period on or about March 1, 1974; and
WHEREAS, as a result of the expiration of the exemption for Titus Towers (T.P # 104.-
1-2) and pursuant to §52(5) of the Public Housing Law of the State of New York the IHA
now seeks an extension of the effective date for an extension of the tax exemption
period for an additional forty (40) year period to commence March 1, 2014, for the
following property: Titus Towers (T.P # 104.-1-2); and
WHEREAS, that pursuant to §52 of the Public Housing Law of the State of New York
and since the inception of the initial tax abatement period, the IHA has annually remitted
to the City of Ithaca Payments in Lieu of Taxes (hereinafter referred to as “PILOT”)
March 5, 2014
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pursuant to a PILOT Agreement between the IHA and the City of Ithaca; and
WHEREAS, the City of Ithaca has determined that the continued provision of affordable
rental housing to qualified persons or families of low income by the IHA is beneficial to
and in the long term best interests of the public, now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca pursuant to§52(5) of the
Public Housing Law of the State of New York hereby grants to the following property,
Titus Towers (T.P # 104.-1-2) a tax exemption from real property taxes levied by the
City of Ithaca and other local taxing authorities for an additional forty (40) years period
upon the condition that commencing on said new effective date the IHA make annual
payments in lieu of taxes to the City of Ithaca and shall continue to make such annual
payments for the duration of the exemption period; and be it further
RESOLVED, That the effective date for the foregoing tax exemption period shall be
retroactive to March 1, 2014, and the expiration date shall be March 1, 2054; and be it
further
RESOLVED, That the Mayor upon the advice of the City Attorney and the City
Controller and on behalf of the City of Ithaca is hereby authorized and requested to
execute and deliver to any pertinent party an agreement between the City of Ithaca and
the IHA setting forth as necessary the details of the payments in lieu of taxes, and to
take any and all action necessary and/or required to effectuate or verify such payments
or tax exemption.
Carried Unanimously
8.7 Human Resources/Finance Department – Transfer of Function and Budget
for Parking Enforcement to the Department of Public Works – Resolution
By Alderperson Kerslick: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca hired a Director of Parking in 2013 and created the
Parking Division to provide better management and oversight of the City’s parking
program, and
WHEREAS, the consolidation of parking enforcement activities into the Parking Division
will further advance these goals, and
WHEREAS, the civilian parking enforcement staff are currently employed by the Ithaca
Police Department, and
WHEREAS, it is the intention and desire of Common Council to transfer the civilian
parking enforcement function, budget and staff to the Parking Division of the
Department of Public Works; now, therefore be it
RESOLVED, That effective March 1, 2014, all parking enforcement functions currently
performed by civilian employees at the Ithaca Police Department and all civilian
employees engaged in performing those functions and activities shall be transferred
from the Ithaca Police Department to the Department of Public Works pursuant to
Section 70.2 of New York State Civil Service Law, and be it further
RESOLVED, That the following budget transfer be made as part of said function
transfer for parking with any further accounting transfers needed to be made, as
necessary, by the City Controller:
Account Transfer From: Account Transfer To:
A3120-5110 $270,984 A5656-5110
A3120-5125 200 A5656-5125
A3120-5415 2,000 A5656-5415
A3120-5420 6,200 A5656-5420
A3120-5425 100 A5656-5425
A3120-5477 9,000 A5656-5477
$288,484
Carried Unanimously
March 5, 2014
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8.8 Finance Department/Controller’s Office/Ithaca Police Department (IPD) –
Request to Amend 2013 Ithaca Police Department Budget – Resolution
By Alderperson Kerslick: Seconded by Alderperson McCollister
WHEREAS, the Ithaca Police Department (IPD) has received funds through the
recycling of brass shell casings recovered from the IPD shooting range, and
WHEREAS, the (IPD) is desirous of utilizing some of these funds ($6,000) to purchase
a small structure for the shooting range; now, therefore, be it
RESOLVED, That Common Council hereby transfer an amount not to exceed
$6,000.00 from the Brass Account (A690-22), and amends the 2013 (IPD) Budget as
follows:
Increase revenue account:
A 3120-2770-5017 Miscellaneous Revenue $6,000
Increase appropriations account:
A 3120-5480-5017 Building Maintenance Supplies $6,000
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend The City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Establish the Collegetown Area Form Districts and Rezone
Portions of the R-1b, R-2a, R-2b, R-3a, R-3b, B-2b, and U-1 Districts to
Collegetown Residential (CR) and Mixed Use (MU)
A. Declaration of Lead Agency for Environmental Review - Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
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 proposed zoning amendment is a “Type I” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, 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 adoption of an ordinance to amend the
Municipal Zoning Code to establish the Collegetown Area Form Districts and to rezone
portions of the R-1b, R-2a, R-2b, R-3a, R-3b, B-2b, and U-1 districts to Collegetown
Residential (CR) and Mixed Use (MU).
Carried Unanimously
B. Determination of Environmental Significance – Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the
Municipal Code in order to (1) establish the Collegetown Area Form Districts and (2)
rezone portions of the R-1b, R-2a, R-2b, R-3a, R-3b, B-2b, and U-1 districts to
Collegetown Residential (CR) and Mixed Use (MU), and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Full Environmental Assessment Form (FEAF), dated January 8, 2014,
and
WHEREAS, these zoning amendments have 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 have
also been reviewed by the City of Ithaca Conservation Advisory Council and the City of
Ithaca Planning and Development Board, and
March 5, 2014
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WHEREAS, the proposed action is a “Type I” 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 in the Full Environmental
Assessment Form, dated January 8, 2014, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue 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.
Carried Unanimously
C. Adoption of Ordinance
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, the “2009 Collegetown Urban Plan & Conceptual Design Guidelines” was
endorsed by the Common Council on August 5, 2009, and the adoption of a form-based
code has been considered to be a critical implementation measure, and
WHEREAS, based upon the advice of a consultant, the City has decided to pursue a
hybrid code rather than a true form-based code because (1) the hybrid code includes
regulations of density and use that are not included in true form-based codes and
density continues to be a critical issue in the Collegetown area, and (2) this type of
zoning is new to the City and the hybrid code would ease the transition from traditional
zoning, and
WHEREAS, a working group consisting of Common Council members, a Planning
Board member, and City staff has revised a previous zoning proposal for Collegetown to
create a clarified proposal that reflects the goals of the “2009 Collegetown Urban Plan &
Conceptual Design Guidelines;” now, therefore,
ORDINANCE NO. 2014
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Declaration of Legislative Findings and Purpose
The “2009 Collegetown Urban Plan & Conceptual Design Guidelines” identifies several
goals for future development in Collegetown. These goals include:
To encourage exceptional urban design and high-quality construction;
To regulate elements of building form to ensure a consistent transition between
districts;
To concentrate development in the central areas of Collegetown and protect the
character of the established residential neighborhoods;
To preserve and enhance green space that is a vital ecological, recreational, and
aesthetic component of the urban environment; and
To promote attractive, walkable neighborhoods that prioritize accommodation of
alternate modes of transportation
The “2009 Collegetown Urban Plan & Conceptual Design Guidelines” recommends the
adoption of a form-based code to regulate elements of building form that are not
addressed under traditional zoning. The Collegetown Area Form Districts is a hybrid
code that combines regulations of physical form with regulations of use and density.
March 5, 2014
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The Common Council finds that the establishment of the Collegetown Area Form
Districts will advance the City’s goals for future development in Collegetown as
specified in the “2009 Collegetown Urban Plan & Conceptual Design Guidelines.”
Section 2. Chapter 325, Sections 325-4 and 325-5 of the Municipal Code of the City of
Ithaca are hereby amended to establish and add the Collegetown Area Form Districts
which include the following zoning districts: Collegetown Residential 1 (CR-1),
Collegetown Residential 2 (CR-2), Collegetown Residential (CR-3), Collegetown
Residential (CR-4), Mixed Use 1 (MU-1), and Mixed Use 2 (MU-2).
Section 3. Chapter 325 of the Municipal Code of the City of Ithaca is hereby amended
to add a new Article to be inserted as Article IX, entitled “Collegetown Zoning,” and all
subsequent articles and sections shall be hereby renumbered accordingly. Ҥ325-45
Collegetown Area Form Districts,” dated January 6, 2014, shall be inserted in its entirety
into said Article IX as §325-45.
Section 4. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-1b, and R-3a to CR-1 for the following tax parcels: 64.-6-1; 64.-
6-2.2; 64.-6-3; 64.-7-1; 64.-7-2; 64.-7-3; 64.-7-4; 64.-7-5; 64.-7-6; 65.-2-1; 65.-2-2; 65.-2-
3; 65.-2-4; 65.-2-5; 67.-2-8; 67.-2-9; 67.-2-10; 67.-2-11; 67.-3-18; 67.-3-19; 67.-3-20;
67.-3-21; 67.-3-22; 83.-6-2; and 84.-1-1.
The boundaries of this amendment are shown on the map entitled “Collegetown Area
Form Districts - January 2014,” a copy of which shall be on file in the City Clerk’s office.
Section 5. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-2a, R-2b, and R-3a to CR-2 for the following tax parcels: 64.-1-
1; 64.-1-2; 64.-1-4; 64.-3-1; 64.-3-2; 64.-3-3; 64.-3-4; 64.-3-5; 64.-3-6; 64.-3-7; 64.-3-8;
64.-4-1; 64.-4-2; 64.-4-3; 64.-4-4; 64.-4-5; 64.-5-1; 64.-5-2; 64.-5-3; 64.-5-4; 64.-8-7; 64.-
8-8; 64.-8-9; 64.-8-10; 65.-1-1; 65.-1-2; 65.-1-3; 65.-1-4; 65.-1-5; 68.-6-12; 68.-6-13; 68.-
6-14; 68.-6-15; 68.-7-2; 68.-7-3; 68.-7-4; 68.-7-5; 68.-7-6; 68.-7-7; 68.-7-8; 68.-8-6; 68.-
8-9; 83.-3-2; 83.-3-3; 83.-3-4; 83.-3-5; 83.-3-6.1; 83.-3-6.2; 83.-3-7; 83.-3-8; 83.-3-9; 83.-
4-1; 83.-4-3; 83.-4-4; 83.-4-5; 83.-4-6; 83.-6-1; and 83.-6-3.
The boundaries of this amendment are shown on the map entitled “Collegetown Area
Form Districts - January 2014,” a copy of which shall be on file in the City Clerk’s office.
Section 6. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-2a, R-2b, R-3a, and R-3b to CR-3 for the following tax parcels:
64.-2-7; 64.-2-8; 64.-2-9; 64.-2-11; 64.-2-13; 64.-8-1; 64.-8-2; 64.-8-3; 64.-8-4; 64.-8-5;
64.-8-6; 64.-8-11; 64.-9-3; 64.-9-4; 64.-9-5; 64.-9-7; 64.-9-8; 64.-9-9; 67.-2-3; 67.-2-4;
67.-2-5; 67.-3-2; 67.-3-3; 67.-3-23; 67.-3-24; 67.-3-25; 67.-3-26; 68.-5-14; 68.-5-15; 68.-
5-16; 68.-5-17; 68.-5-18; 68.-5-19; 68.-6-1; 68.-6-16; 68.-6-17; 68.-6-18; and 68.-6-19.
The boundaries of this amendment are shown on the map entitled “Collegetown Area
Form Districts - January 2014,” a copy of which shall be on file in the City Clerk’s office.
Section 7. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-1b, R-3a, and R-3b to CR-4 for the following tax parcels: 64.-2-
2; 64.-2-4; 64.-2-5; 64.-2-6; 64.-2-14; 64.-2-15; 64.-2-17; 64.-2-18; 64.-2-19; 64.-2-20;
64.-2-22; 64.-9-1; 64.-9-2; 64.-9-6; 64.-9-10; 64.-10-7; 64.-10-8; 64.-10-9; 64.-10-10;
64.-10-11; 64.-10-13; 67.-1-4; 67.-1-5; 67.-1-6; 67.-1-7; 67.-1-8; 67.-2-1; 67.-2-2; 67.-2-
12; 67.-2-13; 67.-2-14; 67.-2-15; 67.-2-16; 67.-2-17; 67.-2-18; 67.-3-1; 67.-3-29; 67.-3-
30; 67.-3-31; 68.-4-3; 68.-4-9; 68.-4-10; 68.-4-11; 68.-4-12; 68.-4-13; 68.-4-14; 68.-4-15;
68.-5-2; 68.-5-3; 68.-5-4; 68.-5-5; 68.-5-6; 68.-5-7; 68.-5-8; 68.-5-9; 68.-6-2; 68.-6-3; 68.-
6-4; 68.-6-5; 68.-6-6; 68.-6-7; 68.-6-8; 68.-6-9; 68.-6-10; 68.-6-11; 83.-4-2; and portions
of 64.-10-15; 67.-1-1; and 67.-1-3.
The boundaries of this amendment are shown on the map entitled “Collegetown Area
Form Districts - January 2014,” a copy of which shall be on file in the City Clerk’s office.
March 5, 2014
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Section 8. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-3b to MU-1 for the following tax parcels: 67.-1-9; 67.-1-10; 67.-1-
11; 67.-1-12; 68.-5-10; 68.-5-11; 68.-5-12; 68.-5-13; and a portion of 67.-1-3.
The boundaries of this amendment are shown on the map entitled “Collegetown Area
Form Districts - January 2014,” a copy of which shall be on file in the City Clerk’s office.
Section 9. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-3a, R-3b, U-1 and B-2b to MU-2 for the following tax parcels:
63.-5-2; 63.-5-3; 63.-5-5; 63.-5-7; 63.-5-8; 63.-5-9; 63.-6-1; 63.-6-2; 63.-6-3; 63.-6-4; 63.-
6-5; 63.-6-8; 63.-6-14; 63.-6-17; 63.-6-19; 63.-6-20; 63.-6-21; 63.-6-23; 63.-6-24; 63.-6-
25; 63.-6-26; 64.-2-1; 64.-2-23; 64.-2-24; 64.-2-26; 64.-2-27; 64.-2-28; 64.-2-29; 64.-2-
30; 64.-2-31; 64.-2-32; 64.-10-1; 64.-10-2; 64.-10-3; 64.-10-4; 64.-10-5; 64.-10-6; 64.-
10-17.2; 64.-10-18; 64.-10-19; 64.-10-20; 64.-10-21; 68.-4-6; 68.-4-7; 68.-4-8; and
portions of 64.-10-15; and 67.-1-1.
The boundaries of this amendment are shown on the map entitled “Collegetown Area
Form Districts - January 2014,” a copy of which shall be on file in the City Clerk’s office.
Section 10. All applicable sections within the Municipal Code of the City of Ithaca shall
be updated in accordance with the amendments made herewith.
Section 11. Severability. 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 12. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Alderperson Murtagh noted that this plan has been in the works for the past eight years
and there has been significant discussion and public input opportunities. He thanked
City Planner Megan Wilson for all of her work on this issue and the excellent materials
that have provided along the way.
Alderperson Smith echoed those sentiments and noted that this plan represents a well-
balanced and compromised approach. He voiced his reservations about a few
elements of the plan and stated that he looks forward to continued improvements. He
stated that he was comfortable inserting some of the language proposed by Tom
Hanna:
“(1) Encourage exceptional urban design and high-quality construction while fostering
affordability of rentals for both residential and business use..
(2) Regulate elements of building form to ensure a consistent transition between
districts;
(3) Concentrate additional development in the central areas of Collegetown and protect
the character of the established residential neighborhoods;
(4) Preserve and enhance green and public spaces that are a vital ecological,
recreational, social and aesthetic component of the urban environment; and
(5) Promote attractive, walkable neighborhoods that prioritize accommodation of
alternate modes of transportation, energy use and technological innovation.”
Extensive discussion followed regarding the removal of parking requirements and the
facilitation of affordable housing within the plan.
A vote on the Ordinance resulted as follows:
Carried Unanimously
March 5, 2014
11
CITY ADMINISTRATION COMMITTEE:
10.1 City Attorney’s Office – A Local Law entitled “2014 Sidewalk Improvement
District Amendments Concerning Certain Vacant Lots”
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the City amended Section C-73 of the City Charter in 2013 by creating five
Sidewalk Improvement Districts (each a “SID”) for the construction and repair of
sidewalk, and assessing each property located in each SID for the benefits received by
the property from said local improvements, and
WHEREAS, the Common Council concludes that it is appropriate to adjust the
assessments for certain small, vacant lots under the SID assessment formula to more
accurately reflect the benefits from the sidewalk construction and repair received by
those properties, and
WHEREAS, certain other amendments to Section C-73 are desirable in order to
improve the SID system, and
WHEREAS, pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of
Ithaca is authorized to adopt a local law relating to the authorization, making,
confirmation, and correction of benefit assessments for local improvements, now,
therefore
Local Law No. ____-2014
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is
authorized to adopt a local law relating to the authorization, making, confirmation, and
correction of benefit assessments for local improvements. The Common Council
concludes that certain adjustments to the SID assessment formula are appropriate.
The Common Council makes the following findings of fact:
A. Vacant lots located in a SID receive a benefit from the SID system, which
may include relief from the responsibility for constructing or repairing the
sidewalk located adjacent to the lot and an increase in market value from
the presence of a high-quality sidewalk network around the property.
B. Although small, vacant lots are already assessed a reduced amount due
to the lack of any buildings located on the lot, it is equitable to further
reduce the fee assessed to certain smaller, vacant lots to better reflect the
benefit received from the SID system by those lots.
Section 2. Charter Amendments.
Section C-73(C) of the Ithaca City Charter is hereby amended as follows:
C. Assessment Formula.
(1) Definitions.
ANNUAL MAINTENANCE FEE
The Annual Maintenance Fee for Non-Developable Lots
and Sliver Lots is zero dollars ($0.00); for Low-Foot-
Traffic Lots, it is seventy dollars ($70.00); and for all other
Lots, it is one hundred and forty dollars ($140.00).
BUILDING SQUARE FOOTAGE
The total square footage of all buildings on a Lot as
recorded by the Tompkins County Department of
Assessment.
March 5, 2014
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COST OF PAST WORK
The total sum, including labor and materials, actually paid for
Past Work; provided, however, that none of the following
shall be included: (i) costs exceeding fifteen dollars ($15.00)
per square foot of Past Work completed; or, (ii) any
overhead fee, interests or penalties imposed for failure to
perform Sidewalk Construction or Repair pursuant to the
Charter or City Code, including but not limited to Section C-
73.1(E) of the Charter.
FRONT FEET
The length of perimeter, measured in feet, by which a Lot
abuts the line of the public street or streets; provided that, if
a Lot’s perimeter along the line of the public street or
streets is bisected such that a portion of the perimeter is
within a SID and a portion of the perimeter is not located
within any SID, only that portion of the perimeter within
a SID shall be included; and provided further that a
Sliver Lot’s Front Feet shall be deemed to be the lesser
of (i) the Lot’s actual Front Feet or (ii) one hundred and
ten (110) feet.
LOT
Lot or parcel of land, as set forth by the current City of Ithaca
Tax Maps on file with the Tompkins County Department of
Assessment.
LOT SQUARE FOOTAGE
The total area of a Lot measured in square feet, as
recorded by the Tompkins County Department of
Assessment, or as otherwise calculated by that
Department.
LOW-FOOT-TRAFFIC LOTS
Those Lots, qualifying neither as Sliver Lots nor as Non-
Developable Lots, with a Property Class Code of 210, 215,
220, 240, 250, [or] 270, 311, or 312, or substantially identical
successor designations.
NON-DEVELOPABLE LOTS
Those Vacant Lots not qualifying as Sliver Lots with a
Lot Square Footage less than the lowest minimum lot
size requirements for any development under the City of
Ithaca Zoning Ordinance for the zoning district in which
the Lot is located, as certified by the Director of
Planning and Development or his or her designee
pursuant to Subsection (C)(3) hereof; provided,
however, that if a zoning district has more than one
minimum lot size, the relevant minimum lot size for this
purpose shall be the smallest minimum lot size for that
zoning district that is not subject to adjustments for
residency or number of units.
PAST WORK
Sidewalk Construction or Repair performed on a Lot located
in and subject to assessments as part of a Sidewalk
Improvement District, and permitted by and performed in
March 5, 2014
13
accordance with the general drawings and specifications
established by the Office of City Engineer, provided that
such work is (i) performed at the cost of the property owner
of the Lot upon which the work is performed or (ii) funded by
documented contributions made to a business improvement
district established by Chapter 149 of the City Code by the
property owner of a Lot located in said business
improvement district for the sole purpose of performing
Sidewalk Construction and Repair; and provided further that
work completed as required by a site plan review pursuant to
Chapter 276 of the City Code is excluded.
PROPERTY CLASS CODE
The property type classification code, as defined by the New
York State Office of Real Property Services in the
Assessors’ Manual, or such other substantially similar
documentation later produced by that office, assigned to
a Lot by the Tompkins County Department of Assessment,
as may be updated by that Department from time to time.
SIDEWALK CONSTRUCTION OR REPAIR
Construction or repair of any public sidewalk or footpath
intended for the use of pedestrians in a City park or
approximately following along the line of the public street or
streets upon which the Lot fronts, including but not limited to
sidewalk curb cuts and curb accessibility ramps, and, other
actions determined by the Board of Public Works to be
necessary to the construction or repair of said sidewalk or
footpath, including but not limited to, any paving, earth work,
drainage, and appurtenances; provided, however, that the
construction or repair of driveway cuts, aprons, or a
pedestrian mall (as that term is defined in Section C-89(B) of
the Charter) is excluded.
SLIVER LOTS
Those Vacant Lots with a Lot Square Footage equal to
two thousand (2,000) square feet or less.
[SQUARE FOOTAGE
The total square footage of all buildings on a Lot as recorded
by the Tompkins County Department of Assessment.]
VACANT LOTS
Those Lots with a Property Class Code between 300 and
399, or substantially identical successor designations.
(2) Each Lot in a SID shall be annually assessed for work to be
performed in the district as follows: Annual Maintenance Fee plus
Square Footage Fee plus Frontage Fee less Past Work Reduction.
(a) Square Footage Fee. The Square Footage Fee for all Low-
Foot-Traffic Lots shall be $0.00. For all other Lots, the Lot’s
Square Footage Fee shall be equal to the Lot’s Building
Square Footage times $0.015.
(b) Frontage Fee. The Frontage Fee for all Low-Foot-Traffic
Lots shall be $0.00. For all other Lots, the Frontage Fee
shall be $30.00 for each fifty-five (55) feet of Front Feet or
portion thereof.
March 5, 2014
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(c) Past Work Reduction. A Lot’s assessment under this Section
shall be reduced as set forth herein.
[1] A Lot is eligible for a reduction for the Cost of Past Work for
twenty (20) years from the date the Past Work was
substantially completed (“Reduction Period”). In each year of
the Reduction Period for which an assessment, if any, is
made pursuant to this Section, the Lot’s Past Work
Reduction shall be an amount equal to one-twentieth (1/20)
of the Cost of Past Work. Should the allowable reduction for
the Cost of Past Work be greater than a Lot’s assessment
under this Section in any given year, the Lot owner shall not
be entitled to the difference, and the difference shall not
apply to the assessment for any other year.
[2] The Lot owner must provide sufficient evidence to the
Superintendent of Public Works or his or her designee
of the nature and location of the Past Work
performed, the Cost of the Past Work, and the date
the Past Work was substantially completed. Such
evidence must be provided no later than May 1 of the
year preceding the fiscal year for which the owner
seeks a Past Work reduction; provided, however, that
in the first fiscal year following the year of enactment
of this Local Law, such proof must be provided no
later than the deadline, if any, established by the
Board of Public Works, and if no such deadline is
established, such proof must be provided no later
than February 1 of that fiscal year. If the request is
approved by the Superintendent of Public Works or
his or her designee, the Past Work reduction shall
automatically recur in each remaining year of the
Reduction Period. The Lot owner may appeal the
determination of the Superintendent of Public Works
or his or her designee to the Board of Public Works at
an open meeting thereafter.
(3) Certification of Non-Developable Lots. The owner of a Lot may
file an application with the Director of Planning and
Development or his or her designee to have the lot certified as
a Non-Developable Lot. Such applications must be filed no
later than the deadline for providing evidence for a Past Work
Reduction pursuant to subsection (c)[2] above. Such
certification shall be granted only to those Lots not qualifying
as Sliver Lots with a Lot Square Footage less than the
minimum lot size required for development by the City of
Ithaca Zoning Ordinance for the zoning district in which the
Lot is located at the time of application. Once granted, the
certification shall continue to be in effect for the Lot,
regardless of subsequent changes in ownership, until the end
of the fiscal year during which: (i) the Lot Square Footage
increases for any reason to an amount in excess of the
minimum lot size required for development; or (ii) the
minimum Lot size for development, as may be revised or
amended from time to time, in the zoning district in which the
Lot is located, is reduced to an amount equal to or lesser than
the Lot Square Footage. The owner of a Lot that has received a
certification pursuant to this provision shall notify the Director
Planning and Development or his or her designee of any
change in the Lot Square Footage.
March 5, 2014
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Section 3. Severability Clause.
Severability is intended throughout and within the provisions of this Local Law. If any
section, subsection, sentence, clause, phrase, or portion of this Local Law 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 Local Law or of those portions of
Section C-73 not amended by this Local Law.
Section 4. Effective and Operative Date.
This Local Law shall be effective, following the passage of forty-five (45) days after the
adoption of this Local Law and after filing in the office of the Secretary of State,
retroactive to January 1, 2014. This Local Law is subject to referendum on petition
pursuant to Municipal Home Rule Law Section 24.
Alderperson Brock VOTING Aye
Alderperson McGonigal VOTING Aye
Alderperson Clairborne VOTING Aye
Alderperson Murtagh VOTING Aye
Alderperson McCollister VOTING Aye
Alderperson Fleming VOTING Aye
Alderperson Smith VOTING Aye
Alderperson Kerslick VOTING Aye
Alderperson Mohlenhoff VOTING Aye
Alderperson Martell VOTING Aye
Carried Unanimously
Alderperson Brock thanked City Attorney Lavine and the Sidewalk Task Force for their
consideration of these changes.
10.2 Ithaca Urban Renewal Agency (IURA) - Cayuga Green Project -
Endorsement of Requested Twenty-Eight Day Extension to Sales Contract for
Parcel “D” to Cayuga Green II, LLC – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Fleming
WHEREAS, Cayuga Green II, LLC (Purchaser) seeks a twenty-eight day extension to March 14,
2014, to satisfy the final seller contingency contained in the 2013 Purchase and Sale Contract
(Contract) for parcel “D”, a half acre parcel located behind the Cayuga Garage with a street
address of 217 South Cayuga Street, and
WHEREAS, the proposed Contract agrees to a sales price of $280,000 and obligates the
purchaser to undertake a project “anticipated to consist of construction of no fewer than 30
rental and/or for-sale housing units located adjacent to the Cayuga Garage or such other uses
approved by Seller and the Common Council of the City of Ithaca,” and
WHEREAS, Cayuga Green II, LLC, proposes to construct a 49,000 square foot, seven-story
housing project containing 45 housing units to be known as Cayuga Place Two, and
WHEREAS, Cayuga Green II, LLC, is controlled by Bloomfield/Schon + Partners, LLC who is
designated by the Ithaca Urban Renewal Agency (IURA) as a qualified and eligible sponsor
pursuant to §507 of General Municipal Law to acquire property to undertake the Cayuga Green
project, and
WHEREAS, to enforce the future land use obligation, the proposed Contract requires the
purchaser to satisfy the following seller contingencies prior to expiration of the contract as a
condition of conveyance of the property:
1. Submit proof of final site development plan approval for a project containing at least 30
housing units;
2. Submit proof of issuance of a building permit for the project;
3. Submit proof that all project financing has been secured to complete the project, and
WHEREAS, the Purchaser has satisfied the site plan and building permit contingencies, but has
not submitted proof of project financing, and
WHEREAS, Purchaser has submitted an executed, nonbinding, detailed term sheet for bank
financing, dated December 5, 2013, identifying a series of additional submissions necessary for
March 5, 2014
16
lender review prior to issuance of a loan commitment, including a new Phase II Environmental
Site Assessment (ESA), and
WHEREAS, the Phase II ESA was completed on February 14, 2014, and
WHEREAS, Purchaser projects that the project financing will be secured no later than March 5,
2014, and
WHEREAS, Purchaser has made payment of a $20,000, non-refundable deposit, toward the
purchase price which shall be retained by the seller in the event seller contingencies are not
satisfied, and
WHEREAS, the purchaser seeks no property tax abatements for this market-rate project and
the proposed Contract effectively prohibits any tax abatements on the project, and
WHEREAS, the primary objective of the IURA for this urban renewal project is to improve the
social, physical, and economic characteristics of the project neighborhood, and
WHEREAS, the IURA seeks to facilitate the construction of additional housing units in
downtown Ithaca that will expand the range of housing opportunities, increase the property tax
base, and visually conceal the concrete block wall portions of the east wall of the adjacent
Cayuga Garage, and
WHEREAS, under §507 of Article 15 of General Municipal Law, the IURA is authorized to sell
real property to a qualified and eligible sponsor subject to Common Council approval following a
public hearing, and
WHEREAS, the prior purchase and sale contract for Parcel ‘D’ and site plan review for a
proposed seven-story housing project at Parcel ‘D’ were the subject of environmental reviews
under the City Environmental Quality Review Ordinance (CEQRO) pursuant to which the lead
agency issued a negative declaration that the implementation of the action as proposed will not
result in any significant adverse environmental impacts, and
WHEREAS, the action of approving an extension to the 2013 Contract for sale of Parcel ‘D’ is
no less protective of the environment than the previously approved Contract and site plan,
therefore requiring no additional environmental review, and
WHEREAS, on February 27, 2014, the IURA approved the following terms to extend the 2013
Contract for sale of Parcel “D”:
1. Twenty-Eight day extension to March 14, 2014, to satisfy seller contingencies;
2. $10,000 additional non-refundable cash deposit;
3. IURA Chairperson discretion for one additional 14-day extension;
now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby approves the Ithaca Urban
Renewal Agency proposed extension to the 2013 Purchase and Sale Contract with Cayuga
Green II, LLC for Parcel ‘D’ (tax map parcel #81.-2-4) containing the following terms:
A. authorization of a twenty-eight day extension to March 14, 2014, to satisfy seller
contingencies;
B. requirement for an additional $10,000 non-refundable cash deposit; and
C. authorization to the IURA Chairperson to approve, at his sole discretion, one
additional fourteen day extension to March 28, 2014, to satisfy seller contingencies.
Director of Community Development Nels Bohn noted that the developer has indicated verbally
that they have received the necessary funding for this project.
Alderperson Brock stated that she would support this legislation and provided a brief description
of the history of the project. Director of Community Development Bohn clarified that the IURA
owns the property and will be the lien holder for the acquisition of the land. The self-amortizing
loan will be paid off in fourteen (14) years.
A vote on the Resolution resulted as follows:
Carried Unanimously
March 5, 2014
17
10.3 City Controller’s Report:
City Controller Thayer reported on the following:
2014 Activity:
Revenues are returning lower than budgeted and expenses are higher than
expected
Road conditions are poor due to deferred maintenance. Street repairs need to
be made a priority for future budgets.
The Governor has released a budget proposal that includes potential property tax
freezes. Other proposals are being offered as well. Mayor Myrick agreed to
send a letter with the support of Common Council regarding the Governor’s
proposal.
Alderperson Mohlenhoff stated that the City Administration Committee has held
preliminary discussions regarding the 2015 budget process. The following topics
have been identified as priority discussions:
Infrastructure
Emergency Services
MOUs / PILOTs
Revenue
Shared Services
Common Council agreed that the 3rd Wednesdays of the month should be reserved for
future budget discussions.
NEW BUSINESS:
12.1 Appointment of Marriage Officer – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the Mayor’s Office received a request to appoint Marcia Fort as a Marriage
Officer in order to perform a wedding ceremony for a special couple, and
WHEREAS, Ms. Fort meets the requirements of the New York State Domestic Relations
Law for being appointed as a Marriage Officer for the City of Ithaca; now, therefore, be it
RESOLVED, That Marcia Fort be designated as a Marriage Officer through the month
of May, 2014.
Carried Unanimously
MAYOR’S APPOINTMENTS:
14.1 Reappointment to Bicycle Pedestrian Advisory Council – Resolution
By Alderperson McCollister: Seconded by Alderperson Mohlenhoff
RESOLVED, That Jan Schwartzberg be reappointed to the Bicycle Pedestrian Advisory
Council with a term to expire December 31, 2016, and be it further
Appointments to Local Board of Assessment Review - Resolution
RESOLVED, That Marjorie Olds, Nikki Sayward, and Seth Barradas be appointed to the
Local Advisory Board of Assessment Review for the City of Ithaca for 2014.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Youth Bureau Advisory Board
Alderperson McGonigal reported that the Youth Bureau Advisory Board has new co-
chairs: Eric Nichols and Talyse LaDora Hampton. He further reported that the Friends
of the Ithaca Youth Bureau raised $16,180 from the Maguire Ford Oil Change Program.
These funds will be used for youth services programming. He further noted that
Maguire Ford has raised $414,000 for local not-for-profits through this program.
Mayor Myrick stated that the Director of the Youth Bureau job description is currently
being reviewed and the Search Committee will begin to meet shortly. The Common
Council members serving on the Search Committee are Alderpersons Clairborne,
Smith, McGonigal.
March 5, 2014
18
Friends of Stewart Park
Alderperson Mohlenhoff reported on the Ithaca Motion Picture Project and use of the
former Wharton Studios, noting that needs have been identified as well as ways to
move the initiative forward.
Shade Tree Advisory Board
Alderperson Brock reported that the Shade Tree Advisory Committee has created a
Master Plan for public street trees. The plan includes information on how trees should
be sited, soil depths, recommended species, etc. A presentation will be made to
Common Council.
Access Oversight Committee
Alderperson Clairborne reported that the Committee has been discussing how funds
collected by Time Warner Cable are reported and how it impacts the capital budget. He
further noted that recent personnel at Time Warner have been difficult.
Tompkins County Council of Governments
Alderperson Clairborne reported that TCCOG passed a Resolution creating a Tompkins
County Sustainability Task Force.
He further reported that the Community Dispute Resolution Center is conducting
trainings on effectively facilitating meetings, mediation techniques, etc.
REPORT OF CITY ATTORNEY:
Approval of Proposed Settlement of Perialas, LLC et al. v. City of Ithaca et al.
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, the matter of Perialas, LLC et al. v. City of Ithaca et al., Civil Action No.
5:13-CV-1155, regards a dispute between the City and the owners of property, including
a sound recording studio, adjacent to the Clinton Street bridge; and
WHEREAS, the Plaintiff seeks unspecified damages in the hundreds of thousands of
dollars resulting from the temporary closure of the sound recording studio and
associated claims and inconveniences; and
WHEREAS, if litigated to judgment, the City’s liability on this matter is uncertain, and
would entail extensive and costly additional legal work; and
WHEREAS, following negotiation between the parties, the Perialas’ have agreed to
settle all disputes between the parties in exchange for a payment of $85,000; and
WHEREAS, of said $85,000, the City’s insurer has committed to pay $65,000 of this
settlement cost; and
WHEREAS, the remaining $20,000 cost of this settlement represents the City’s
deductible under the applicable insurance policy; now, therefore be it
RESOLVED, That Common Council hereby approves the payment of an amount not to
exceed $85,000, structured as below specified, in settlement of the above-referenced
litigation; and be it further
RESOLVED, That Common Council hereby approves, in furtherance of the above-
approved settlement, the payment of an amount not to exceed $20,000 towards the
$85,000 total, with the remaining $65,000 to be paid by the City’s insurer under the
applicable policy; and be it further
RESOLVED, That the City’s $20,000 share of said settlement, taking the form of the
City’s deductible on the applicable insurance policy, shall be derived from account
A1930-5700; and be it further
RESOLVED, That the Common Council hereby authorizes the Mayor and the City
Controller, upon the advice of the City Attorney, to execute all documents and payments
necessary to implement the settlement referenced herein.
Carried Unanimously
March 5, 2014
19
City Attorney Lavine reported that after a three day trial, local landlord Cheryl Beach
was found guilty of over-occupancy of her property at 403 Elmwood Avenue. Ms.
Beach was charged with violating the Ithaca City Code zoning law which limits property
in a R2-a zone to no more than three unrelated individuals by renting to eight unrelated
college students from June 2010 to June 2011. She was found guilty of 154 counts of
over- occupancy, one count for each day that the property was over-occupied, and was
fined $38,500. City Attorney Lavine extended his thanks to Assistant City Attorney
Robert Sarachan, who prosecuted this case.
MINUTES FROM PREVIOUS MEETINGS:
Approval of the February 19, 2014 Regular Common Council Meeting Minutes –
Resolution
This item was postponed until the April Common Council meeting.
ADJOURNMENT:
On a motion the meeting adjourned at 8:50 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor