HomeMy WebLinkAboutMN-CC-2015-04-01COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. April 1, 2015
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
City Planner – Wilson
Senior Planner – Nicholas
Historic Preservation Planner - McCracken
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Consent Agenda:
Mayor Myrick requested the addition of the following items to the Consent Agenda:
Mercato Bar and Kitchen Restaurant Alcohol Permit Request – Resolution; and Le Café
Cent-Dix Alcohol Permit Request - Resolution
No Council Member Objected.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Presentation by the Community Dispute Resolution Center
Don Barber, Town Supervisor, Town of Caroline and Jeff Shepardson, Director of
Training and Facilitation, Community Dispute Resolution Center, presented information
on skill development training they’ve developed for elected and appointed officials
including sessions on meeting dynamics: meeting frameworks and dialog. They are
setting up trainings around the County and would like to conduct one in Ithaca. They
encouraged Council to think about how this training could translate to municipal
meetings and to share information about this program with City staff and board and
committee chairs.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Joel Harlan, Town of Newfield, spoke about anti-war protesters and various human
rights issues.
Alphonse Pieper, Executive Director of Historic Ithaca, voiced his support for the
funding of the City Cemetery wall repair; the designation of the Dennis-Newton House
as a local landmark, and the designation of the Downtown West historic district.
Lynn Metrulis, City of Ithaca, voiced concerns about tickets she received for Exterior
Property Maintenance violations related to snow removal on sidewalks. She noted that
many people received tickets this year that have never received them in prior years.
She further shared her frustration regarding the abandoned property that is next to her
home and the lack of enforcement of code violations for that property.
Ellen Levantry, Friends of the Ithaca City Cemetery, voiced her support for the City
Cemetery wall repair project and stated that the Friends group has been discussing
additional barriers, such as planters and curbing, that could be put in place to prevent
further damage to wall caused by vehicles.
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John Schroeder, City of Ithaca, voiced his support for the funding of the City Cemetery
wall repair and the designation of the Downtown West historic district.
Mary Raddant Tomlan, City of Ithaca, submitted the following (2) letters into the record:
“Dear Alderpersons and Mayor Myrick,
I am writing in support of two nominations for historic designation under the City's
Landmarks Preservation Ordinance--the Downtown West Historic District, and the
Dennis-Newton House at 421 North Albany Street as an individual landmark.
When I volunteered in 2012 to do "windshield" survey of historic resources in the areas
east and west of the Commons that were part of a proposed rezoning, I was aware of
individual buildings admired for stylistic character or intriguing history. As a result of
that survey, it became evident that, in the area along and adjacent to West State Street,
the most concentrated grouping of historic buildings comprised the eight properties in
the proposed district, on which are located seven former residences linked by their
original function, roughly contemporaneous origins, quality of stylistic character, and
with one possible exception, architect design.
Ithaca's historic district designations have long focused on DeWitt Park and a wide
swath of East Hill. The more recent designation of the Henry St. John Historic District
expanded the geographic area, while the proposed district recognizes the tradition of
locating prominent residences along and in proximity to a major thoroughfare, here
West State Street, where the promise and then presence of trolley service underlined its
importance as a route linking Ithaca's commercial core with facilities for rail and lake
travel further west.
To address two concerns expressed with this proposed designation, I would note first
that although the buildings in the proposed district have largely seen new uses and
modifications, including those for energy efficiency, these changes have not prevented
their professional recommendation for designation, as their original function and stylistic
character remain identifiable. With regard to concerns about inclusion of the parking lot
and flanking buildings, I would note that the scale and general character of 307 West
State are consistent with house immediately to the east, albeit less impressive in
materials and detailing, while the house at 317 West State is similar to most of the other
former residences in its character and in having been architect-designed for an
established businessman. Since the parking lot has been noted as a non-contributing
property within the proposed district, future development plans for that site would not
compromise a contributing resource, and it seems likely that a compatible design could
be proposed and approved.
The nomination of 421 North Albany Street to individual landmark status recognizes the
Dennis-Newton House as the location of the first meeting of the study group and literary
society that would become significant as Alpha Phi Alpha, the first national African-
American Greek-letter fraternity. The historic designation of this traditional Italianate-
style house would also mark a special relationship between a local family and a group
of African-American university students, who through the family's hospitality gained ties
to the Ithaca community.
Thank you for your consideration of these comments, and I hope you will vote in favor of
these two proposed designations.
Mary Raddant Tomlan”
“Dear Mayor Myrick and members of Common Council;
I am writing as City of Ithaca Historian in support of Resolution 10.1, the
recommendation to fund the repair of the City Cemetery wall that suffered damage from
a vehicle accident, with the amount allocated to include $31,000 in insurance
payments. This wall is highly visible in its location along University Avenue, a major
thoroughfare linking downtown with Cornell University, Cornell Heights and Cayuga
Heights. Having evidently defined the western boundary of the cemetery for at least
150 years, the historic wall and gate are important as very public introductions to a site
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that speaks volumes about the even-longer history of Ithaca.
It is interesting and significant to me that the resolution following this one on the agenda
pertains to funding for improvements in the Large Pavilion at Stewart Park. These two
sites, the City Cemetery and Stewart Park, are among the most significant historic and
landscape resources in Ithaca, each merging a special history with its memorable
topographic character. It is little wonder that both of these have generated "Friends"
groups to encourage and support the City's challenges in their maintenance and
restoration. I hope that this public support for both the City Cemetery and Stewart Park
will be underlined by the passage of the two funding resolutions.
Thank you for your consideration.
Mary Raddant Tomlan
City of Ithaca Historian”
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Murtagh thanked Ms. Metrulis for her feedback on the Exterior Property
Maintenance Ordinance and stated that the Planning and Economic Development
Committee will be discussing ways to improve the Ordinance and/or the ticket
notification system.
Alderperson Brock also thanked Ms. Metrulis for her comments regarding the lack of
enforcement of the Exterior Property Maintenance Ordinance on the abandoned
property next to her home. She further commented on the cemetery wall project and
the need for automotive curbing to protect the historic wall.
CONSENT AGENDA ITEMS:
City Clerk – Department of Public Information & Technology:
8.1 Mahogany Grill Alcohol Permit Request - Resolution
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
WHEREAS, the City Clerk has received a request to allow the Mahogany Grill restaurant
to utilize certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Mahogany Grill Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2015, 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
April 1, 2015
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8.2 Sahara Restaurant Alcohol Permit Request - Resolution
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
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 2015, 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 Mercato Bar and Kitchen Restaurant Alcohol Permit Request - Resolution
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
WHEREAS, the City Clerk’s Office has received a request to allow Mercato Bar and
Kitchen 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 Mercato Bar and Kitchen 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 2015, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Mercato Bar and
Kitchen 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 Le Café Cent-Dix Alcohol Permit Request - Resolution
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
WHEREAS, the City Clerk’s Office has received a request to allow Le Café Cent-Dix 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
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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 Le Café Cent-Dix, 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 2015, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Le Café Cent-Dix
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 DPW - Reallocation of Chief Wastewater Treatment Plant Operator Position
–Resolution
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
WHEREAS, the Chief Wastewater Treatment Plant Operator requested a review of his
position pursuant to the terms of the City Executive Association labor contract, and
WHEREAS, the review determined that a permanent and material growth in the
position’s responsibilities has occurred, and
WHEREAS, the Civil Service Commission revised the Chief Wastewater Treatment
Plant Operator job description at their January 21, 2015, meeting, to reflect the increase
in responsibilities, and
WHEREAS, the Human Resources Department reviewed the point factor evaluation of
the Chief Wastewater Treatment Plant Operator position and determined that the
growth in responsibilities merits an increased point factor rating, which results in the
reallocation of the position to a higher salary grade; now, therefore be it
RESOLVED, That the position of Chief Wastewater Treatment Plant Operator be
reallocated from Grade B to Grade A of the City Executive Association Compensation
Plan, and be it further
RESOLVED, That funding in the amount of not to exceed $4,739 to cover this salary
increase retroactive to January 21, 2015, shall be derived with a transfer from account
J1990-5000 Unrestricted Contingency to Account J8150-5105 Admin Salary.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Local Historic District Designation of the “Downtown West Historic
District” (formerly considered under the name of “West State Historic District” by
the Ithaca Landmarks Preservation Commission and under the name “Titus-Wood
Historic District” by the Planning Board) - Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Ithaca Landmarks
Preservation Commission may recommend designation of individual landmarks and
districts of historic and cultural significance, and
WHEREAS, on February 10, 2015, the Ithaca Landmarks Preservation Commission
conducted a public hearing for the purpose of considering a proposal to designate the
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West State/West Martin Luther King Jr. and South Albany Street survey area as a local
historic district, and
WHEREAS, the proposal is a Type II Action under the NYS Environmental Quality
Review Act and an Unlisted Action under the City Environmental Quality Review
Ordinance and after conducting appropriate environmental review the Ithaca Landmarks
Preservation Commission, acting as Lead Agency, has determined that the proposal will
not have a significant environmental impact, and
WHEREAS, the Commission finds that the proposal meets criteria under the
Landmarks Preservation Ordinance and has voted to designate the West State/West
Martin Luther King Jr and South Albany Street survey area as a local historic district,
and
WHEREAS, Section 228-3 of the Municipal Code states that the Council shall within
ninety days of said recommendation to designate, approve, disapprove or refer back to
the Commission for modification, and
WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Planning Board
shall file a report with the Council with respect to the relation of such designation to the
comprehensive plan, the zoning law, projected public improvements, and any plans for
the renewal of the site or area involved, and
WHEREAS, a copy of the Planning Board's report and recommendation for approval of
the designation, adopted by resolution at the meeting held on February 24, 2015, has
been reviewed by the Common Council; now, therefore, be it
RESOLVED, That the Ithaca Common Council finds that the designation will not conflict
with the comprehensive plan, existing zoning, projected public improvements, or any
plans for renewal of the site and area involved; and, be it further
RESOLVED, That the Downtown West Historic District meets the definition of a local
historic district as set forth in the Municipal Code, as follows:
An area which contains primarily properties which meet one or more of the
criteria for designation as an individual landmark, namely:
1. Possessing special character or historic or aesthetic interest or value as part of the
cultural, political, economic, or social history of the locality, region, state, or nation; or
2. Being identified with historically significant person(s) or event(s); or
3. Embodying the distinguishing characteristics of an architectural style; or
4. Being the work of a designer whose work has significantly influenced an age; or
5. Representing an established and familiar visual feature of the community by virtue of
its unique location or singular physical characteristics.
and, is an area which constitutes a distinct section of the city by reason of possessing
those qualities that would satisfy such criteria; and, be it further
RESOLVED, That the Ithaca Common Council approves the designation of the
Downtown West Historic District as a Local Historic District under Section 228-3 of the
Municipal Code.
Discussion followed on the floor regarding the historic designation process and all of the
letters of support received for this district. Historic Preservation Planner McCracken
noted that the one opposing resident has not contacted staff to discuss his concerns
further. He explained the process and costs involved in making improvements to
properties located within a historic district and the considerations made by the Ithaca
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Landmarks Preservation when certain materials are not available, or when requests are
made to improve energy efficiency.
Alderperson McCollister explained the difference between properties of significance and
properties of non-significance and how district boundaries are created.
Alderperson Clairborne identified other historic properties of significance that should be
included within the district and questioned how the district boundaries could be
modified.
Alderperson Brock stated that she would not support this Resolution as a request by a
property owner to remove his property from the historic district boundaries was not
considered.
A vote on the Resolution resulted as follows:
Ayes (9) McGonigal, Clairborne, Murtagh, McCollister, Fleming, Smith,
Kerslick, Mohlenhoff, Martell
Nays (1) Brock
Carried (9-1)
9.2 Proposed Historic Landmark Designation – 421 N. Albany Street (Dennis-
Newton House) – Resolution
By Alderperson Murtagh: Seconded by Alderperson Clairborne
WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca Landmarks
Preservation Commission (ILPC) may designate landmarks and districts of historic and
cultural significance, and
WHEREAS, on February 10, 2015, the ILPC conducted a public hearing for the
purpose of considering a proposal to designate the Dennis-Newton House, 421 N.
Albany St., as a local landmark, and
WHEREAS, the designation of a local landmark is a Type II action under the NYS
Environmental Quality Review Act and the City Environmental Quality Review Ordinance
and as such requires no further environmental review, and
WHEREAS, the ILPC found that the proposal meets criterion “C.,” defining a “Local
Landmark,” under the Landmarks Preservation Ordinance and on February 10, 2015,
voted to designate the Dennis-Newton House as a local landmark, and
WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning Board
shall file a report with the Council with respect to the relation of such designation to the
comprehensive plan, the zoning law, projected public improvements and any plans for
the renewal of the site or area involved, and
WHEREAS, a copy of the Planning Board's report and recommendation for approval of
the designation, adopted by resolution at the meeting held on February 24, 2015, has
been reviewed by the Common Council, and
WHEREAS, Section 228-4 of the Municipal Code states that the Council shall within
ninety days of said designation, approve, disapprove or refer back to the ILPC for
modification; now, therefore, be it
RESOLVED, That the Common Council finds that the designation is compatible with
and will not conflict with the comprehensive plan, existing zoning, projected public
improvements or any plans for renewal of the site and area involved, and be it further
RESOLVED, That the Dennis-Newton House, 421 N. Albany St., meets the definition of
a local landmark as set forth in the Municipal Code, as follows: A structure, memorial or
site or a group of structures or memorials, including the adjacent areas necessary for
the proper appreciation of the landmark, deemed worthy of preservation, by reason of
its value to the city as:
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A. An outstanding example of a structure or memorial representative of its
era, either past or present;
B. One of the few remaining examples of a past architectural style or
combination of styles;
C. A place where an historical event of significance to the city, region,
state or nation or representative activity of a past era took place or any
structure, memorial or site which has a special character and aesthetic
interest and value as part of the development, heritage and cultural
characteristics of the City of Ithaca, including sites of natural or
ecological interest and be it further
RESOLVED, That the Ithaca Common Council approves the designation of the Dennis-
Newton House and the adjacent areas that are identified as tax parcel #50.-3-22 as a
local landmark.
Alderperson Clairborne shared some of the history of this property and thanked Historic
Ithaca and others for supporting this designation.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.3 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
entitled “Zoning” to Repeal the Collegetown Parking Overlay Zone (CPOZ)
A. Declaration of Lead Agency - 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 an “Unlisted” 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 repeal the Collegetown Parking Overlay Zone (CPOZ).
Carried Unanimously
B. Determination of Environmental Significance - Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the
Municipal Code in order to repeal the Collegetown Parking Overlay Zone (CPOZ), and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), dated February 19,
2015, 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
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance, and
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WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF 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 Short Environmental
Assessment Form, dated February 19, 2015; 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 adoption of the Collegetown Area Form Districts in 2014 changed the
off-street parking requirements for the majority of properties included in the Collegetown
Parking Overlay Zone (CPOZ), resulting in a conflict between the requirements of the
new form-based code and the CPOZ legislation, and
WHEREAS, there are approximately 145 properties to the west and south of central
Collegetown that are still subject to the requirements of the CPOZ while other
residential zones in the city share a common off-street parking requirement, and
WHEREAS, the majority of these properties are part of the City’s East Hill Historic
District, and the repeal of the CPOZ will support the Ithaca Landmarks Preservation
Commission’s efforts to preserve green space in the historic district,
WHEREAS, by repealing the CPOZ, the 145 properties will be subject to the off-street
parking requirements of the underlying zoning; now, therefore,
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
ORDINANCE NO. 2015-__
Section 1. Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Sections
325-4 and 325-5 are hereby amended to delete any reference to the Collegetown
Parking Overlay Zone (CPOZ).
Section 2. Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning” is hereby
amended to delete §325-20D(3)(d), entitled “Parking in the Collegetown Parking
Overlay Zone,” in its entirety and all subsequent sections shall be renumbered
accordingly.
Section 3. The Official Zoning Map of the City of Ithaca is hereby amended to delete
any reference to the Collegetown Parking Overlay Zone (CPOZ).
Section 4. All applicable sections within the City of Ithaca Municipal Code shall be
updated in accordance with the amendments made herewith.
Section 5. 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 6. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously
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9.4 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
entitled “Zoning” to Amend the Industrial Zone (I1) Zoning District in Order to
Require a Minimum of two Stories for New Non-Industrial Construction
A. Declaration of Lead Agency - Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
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 an “Unlisted” 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 proposal to amend the I-1 zoning
district in order to require a minimum of two stories for new non-industrial construction.
Carried Unanimously
B. Declaration of Environmental Significance – Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, The Common Council is considering to amend the I-1 zoning district in
order to require new non-industrial construction to have a minimum of two stories, and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Short Environmental Assessment Form (SEAF), dated February 23,
2015, and
WHEREAS, the proposed action is a “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 SEAF 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 Short Environmental
Assessment Form, dated February 23, 2015, 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 Kerslick
WHEREAS, the Official City of Ithaca Zoning Map currently has five locations that are
designated as Industrially zoned districts (I-1); Cherry Street, Carpenter Business Park,
the former Emerson site, the former Ithaca Gun site, and a triangular piece of land
wedged between the north side of Willow Avenue and the west side of Route 13 North,
and
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WHEREAS, the area restrictions in the I-1 zoning district were originally established in
order to allow for industrial uses, which may include large one story buildings that can
accommodate storage and machinery and therefore has no minimum story requirement,
and
WHEREAS, in order to allow for a mix of compatible uses, the Industrial zone allows for
all permitted uses within the City’s zoning ordinance, with the exception of residential
uses, and
WHEREAS, given the limited amount of developable industrial space within the City,
one-story development is only appropriate for industrial uses and all other uses should
be multi story development, therefore
ORDINANCE NO. 2015-___
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Chapter 325, of the City of Ithaca Municipal Code, entitled “Zoning”; Section
325-3, entitled “Definitions and Word Usage,” shall be amended to add the following
definition:
Industrial Uses -Any use having to do with the business of manufacturing products,
including, warehousing, wholesaling, lumberyards, storage and handling of bulk goods
(not including rubbish as defined in § 196.1, and not including residential storage,
mining, or gas storage))
Section 2. Chapter 325 of the City of Ithaca Municipal Code, entitled “Zoning”, Section
325-16, entitled “Height Regulations,” shall be amended to add a new section “H” to
read as follows:
H. Notwithstanding anything to the contrary contained herein, in the I-1 district, no
new construction of a primary non-industrial use building shall be erected that is less
than two stories. When an addition or series of additions to a non-industrial primary use
building existing as of the date of this ordinance is constructed, that part of the addition
or additions in excess of 50% of the building area of the existing building shall also not
be less than two stories.
Section 3. The City of Ithaca Planning and Development Board, the City Clerk and the
Planning, Building, Zoning and Economic Development Department shall amend the
zoning map and the district regulations chart in accordance with the amendments made
herewith.
Section 4. 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 5. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously
9.5 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325,
Entitled “Zoning,” in order to Rezone Portions of the I-1 Zoning District to R-3a
and P-1
A. Declaration of Lead Agency - 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
April 1, 2015
12
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 an “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 proposal to rezone portions of the I-1
zoning district to R-3a and P-1.
Carried Unanimously
B. Declaration of Environmental Significance – Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, The Common Council is considering a proposal to rezone portions of the I-
1 zoning district to R-3a and P-1, and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Full Environmental Assessment Form (FEAF), dated February 23,
2015, and
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 on the Full Environmental
Assessment Form, dated February 23, 2015, 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.
Alderperson Brock identified a typo in the FEAF noting that the entire parcel should now
be listed as P1.
A vote on the Resolution resulted as follows:
Carried Unanimously
C. Adoption of Ordinance
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, the former Ithaca Gun site is located adjacent to Ithaca Falls and within a
residential neighborhood, and
WHEREAS, the site is currently zoned for industrial uses, which was established when
the site was an active gun factory, and
WHEREAS, the factory has long been closed and the site has remained vacant for
many years, and
WHEREAS, given its location, industrial uses could have large impacts to the existing
adjacent residential development and are therefore not a desirable land use for this
area, and
April 1, 2015
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WHEREAS, on November 5, 2003, the Common Council adopted the Gun Hill Area
plan as an amendment to the City Comprehensive Plan, which stated that industrial
uses are no longer appropriate for this location, and
WHEREAS, the current draft City Comprehensive Plan determined that the appropriate
future land use of this site is medium density residential, and
WHEREAS, as a part of the environmental remediation of the Gun Hill site the City
dedicated the southern portion of parcel 11.-3-1.21, which is currently zoned I-1, as
parkland, therefore
ORDINANCE NO. 2015-___
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section
325-5, is hereby amended to change the zoning designation from I-1 to the R-3a
designation for the following tax parcels: 12.-7-4, 28.-3-5, 11.-3-1.23, and 11.-3-1.22.
The boundaries of this amendment are shown on the map entitled “Proposed Rezoning
of the Former Ithaca Gun Site-February 2015,” a copy of which shall be on file in the
City Clerk’s office.
Section 2. , Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”,
Section 325-5, is hereby amended to change the zoning designation from I-1 to P-1 for
a portion of parcel 11.-3-1.21, so that the entire parcel will now be zoned P-1.
Section 3. 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 4. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously
9.6A Annual Common Council Concurrence that the City of Ithaca Planning and
Development Board be Lead Agency in Environmental Review for Site Plan
Review Projects for which the Common Council is an Involved Agency -
Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and
Chapter 176.6 of the City Code, Environmental Quality Review, 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, State Law also specifies that when an agency proposes to directly
undertake, fund or approve a Type I Action or an Unlisted Action undergoing
coordinated review with other involved agencies, it must notify them that a lead agency
must be agreed upon within 30 calendar days of the date that the Environmental
Assessment Form (EAF) or draft EIS was transmitted to them, and
WHEREAS, Projects submitted to the Planning Board for Site Plan Review and
Approval, at times involve approvals or funding from Common Council, making Council
an involved agency in environmental review, and
WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the
environmental review process more efficient, it is desirous to have an agreement that
the Planning Board will assume Lead Agency status for such projects, and
April 1, 2015
14
WHEREAS, in accordance with the State Environmental Quality Review Law and the
City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided
with project information and environmental forms for their review, as well as all
environmental determinations; now, therefore be it
RESOLVED, That Common Council does hereby consent to the Planning &
Development Board acting as Lead Agency in environmental review for site plan review
projects for which Common Council has been identified as an Involved Agency through
December 31, 2015; and, be it further
RESOLVED, That for any future project Common Council may withhold or withdraw its
consent should it so desire.
Discussion followed on the floor with Senior Planner Lisa Nicholas explaining that due
to the volume and complexity of the site plans being reviewed by the Planning Board,
there are more agencies being considered an Involved Agency in the environmental
review process. There is a 30 day time period in which the designation of a Lead
Agency must be made. If the time period runs out, consent of Lead Agency status is
automatically implied. She stated that 30 days is too short of a time period for staff to
complete the work and reach out to Common Council for approval of Lead Agency
status. She noted that Council has always approved requests for the Planning Board to
be designated as Lead Agency in the past and requested their support for this
Resolution.
Alderperson Brock stated that she appreciates the streamlining of the process;
however, noted that Common Council may want to retain the authority of acting as Lead
Agency in environmental review as projects are growing and becoming more complex.
A vote on the Resolution resulted as follows:
Carried Unanimously
B. Common Council Concurrence that the City of Ithaca Planning and
Development Board be Lead Agency in Environmental Review for the Proposed
Mixed Use Project to be Located at 210 Hancock Street - Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and
Chapter 176.6 of the City Code, Environmental Quality Review, 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 City of Ithaca Planning and Development Board has one pending
application for site plan approval for a mixed use project known as 210 Hancock Street
by Ithaca Neighborhood Housing Services (INHS), applicant and owner, and
WHEREAS, the applicant proposes to redevelop the entire 2.01 acre parcel currently
containing the vacant former grocery store, a smaller commercial building and a 110-
space parking lot. The applicant proposes to construct thirteen 2-story for sale
townhomes and a 4-story, approximately 65,000 SF, mixed use building with
approximately 50 apartments and three ground floor commercial spaces totaling
approximately 10,000 SF. 70 parking spaces will be provided – approximately one third
of which will be on the ground floor of the apartment building. The applicant also
proposes to convert portions of Adams St and Lake Ave (both of which are public
streets) into “living streets” by making them narrower, providing green areas and
installing bike and pedestrian amenities. The project is in the B-2a Zoning District and
will likely require subdivision in the future. The project will require the following
approvals: a parking variance from the Board of Zoning Appeals (BZA), approval from
the Board of Public Works (BPW) for improvements to property in the public way,
April 1, 2015
15
approval for funding from the Ithaca Urban Renewal Agency (IURA) and approval from
Common Council, and
WHEREAS, this is a Type I Action under the City of Ithaca Environmental Quality
Review Ordinance, §176-4 (h)(2),(k), and (n) and the State Environmental Quality
Review Act, §617.4 (9), and is subject to environmental review, and
WHEREAS, the BZA, BPW, IURA and Common Council have all been identified as
potentially involved agencies for the environmental review of this project; now, therefore
be it
RESOLVED, That Common Council does hereby consent to the Planning &
Development Board acting as Lead Agency in environmental review for the 210
Hancock Street Project.
Carried Unanimously
C. Common Council Concurrence that the City of Ithaca Planning and
Development Board be Lead Agency in Environmental Review for the Proposed
Lake Street Public Park Enhancement Project to be located on Lake Street at Fall
Creek - Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and
Chapter 176.6 of the City Code, Environmental Quality Review, 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 City of Ithaca Planning and Development Board has one pending
application for site plan approval for proposed park enhancements at Lake Street Park
by the City of Ithaca, applicant and owner, and
WHEREAS, the applicant proposes to undertake enhancements to improve the
accessibility and functionality of the park. Proposed work includes adding a concrete
walkway and falls overlook, installing metal guardrails behind the existing stone
retaining wall, installing a movable gate for controlled access to the Ithaca Falls Natural
Area, replacing the existing bike racks, adding an accessible curb ramp, improving the
landscaping, and other site improvements. The project is in the P-1 Zoning District and
requires approvals from the Board of Public Works (BPW) and Common Council, and
WHEREAS, this is a Type I Action under the City of Ithaca Environmental Quality
Review Ordinance (“CEQRO”) §176-4 B.(h)[2] and [3] and the State Environmental
Quality Review Act (“SEQRA) §617.4 (11) and is subject to environmental review, and
WHEREAS, the BPW and Common Council have both been identified as potentially
involved agencies in the environmental review of this project; now, therefore be it
RESOLVED, That Common Council does hereby consent to the Planning &
Development Board acting as Lead Agency in environmental review for the proposed
Lake Street Public Park Enhancement Project.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
10.1 DPW - Recommendation to Fund Cemetery Wall Repair - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Martell
WHEREAS, the Ithaca City Cemetery was first established circa 1790 on land owned by
New York Surveyor General Simeon DeWitt, includes over 7700 graves, evolved from
an informal burial ground into a planned, landscaped municipal cemetery, and
April 1, 2015
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WHEREAS, the cemetery was named Silvan Hill in 1872, became the City Cemetery
when Ithaca was incorporated in 1888, and is a significant historic resource worthy of –
and in need of – preservation, and
WHEREAS, a recent vehicular collision with the perimeter wall near the University
Avenue entrance along with the passage of time have resulted in a need for repairs to
the wall at two locations, and
WHEREAS, the City of Ithaca General Fund has $32,000 encumbered for the work,
which includes $31,000 from the driver’s automobile insurance company, and
WHEREAS, The City Engineer’s Office received two price quotes for the required
specialized repairs, and
WHEREAS, staff has reviewed and recommended the low quote submitted by Buzz
Dolph of Ithaca Stone Setting of $35,250 for the primary work location and $3,750 for
the secondary work location, and
WHEREAS, the $7,000 additional funds needed for the wall project can be derived from
Unrestricted Contingency, which currently has a $131,000 balance, and
WHEREAS, staff has provided project information to the Historic Preservation Planner,
City Forester, Parks Commission, and other interested parties and has received positive
interest and no objections to the work; now, therefore be it
RESOLVED, That the Common Council hereby authorizes an allocation of an amount
not to exceed $39,000 from the General Fund for the Cemetery Wall Repair, and be it
further
RESOLVED, That sources of funds for the wall repair shall be derived from $32,000 in
encumbered funds and $7,000 from the transfer of funds to account A7111-5475 Parks
and Forestry Property Maintenance from account A1990 Unrestricted Contingency.
Alderperson Smith urged that additional engineering solutions be considered such as
curbing or planters to prevent further damage to the wall. Discussion followed on the
floor regarding the number of vehicular accidents that have damaged the wall and the
current reporting and insurance restitution processes.
Alderperson Kerslick thanked the Friends of the Ithaca City Cemetery for supporting this
project and for their consideration of adding period planters to protect that area.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.2 DPW - Authorization for Additional Funding for Stewart Park Large Pavilion
Bathroom Restoration, Capital Project #817 - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
WHEREAS, Common Council has established Capital Project #817 for the purpose of
restoring the bathrooms in the large pavilion at Stewart Park, and
WHEREAS, the project was established at $78,000 based on the engineering cost
estimates at the time with sources of funds to include Friends of Stewart Park of
$20,000; Town of Ithaca Recreation Facility Funding of $28,000; and
WHEREAS, the public bathrooms located in the large pavilion are integrally part of
public rentals of the pavilion as well as indispensable facilities for Youth Bureau
activities scheduled in the large pavilion, and
WHEREAS, the condition of the building structure and the bathroom plumbing is
severely deteriorated to the point of failure, and
April 1, 2015
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WHEREAS, bids were received for the purpose of restoring the bathrooms in the large
pavilion at Stewart Park on March 3, 2015, and
WHEREAS, award of contract to the lowest qualified bidder will require an additional
$48,000, and
WHEREAS, the additional funds needed shall be derived from Capital Reserve # 11
Parks, which currently has a balance of $148,000; now, therefore be it
RESOLVED, That Common Council hereby amends Capital Project #817 by an amount
not to exceed $48,000 for a total project authorization of $126,000, and be it further
RESOLVED, That the $48,000 in funds necessary for said project amendment shall be
derived from Capital Reserve #11 Parks.
Discussion followed on the floor regarding the increased cost of this project due to years
of deferred maintenance, the addition of a framework to allow for additional facilities
such as kitchen fixtures to be installed in the future, the funding status of Capital
Reserve #11 that is reserved for Parks, and the potential availability of other funding
sources.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.3 DPW – Establishment of Capital Project for “Dam Safety Project” for the
Potter’s Falls (60-Ft.) Dam - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
WHEREAS, the first of the engineering contracts to replace our existing Water
Treatment Plant was signed on September 24, 1996, and the second was signed on
December 9, 2005, and the new Dam Safety Regulations (6NYS CRR Part 673) went
into effect August 19, 2009 causing the existing Water Supply Projects to coincide in
time with the newly mandated Dam Safety Projects, and
WHEREAS, on February 18, 2009, the Board of Public Works (BPW) authorized the
Water & Sewer Division of the Department of Public Works (DPW) to solicit proposals
for preparing Engineering Assessments, updating Emergency Action Plans, and
updating Operations and Maintenance manuals for both the 30-Foot & 60-Foot Dams to
ensure the City’s compliance with the new Dam Safety Regulations, and
WHEREAS, the City received proposals from 9 Professional Engineering Firms on April
9, 2009, and the BPW with supporting documentation from Staff awarded the work to
C.T. Male Associates for an amount not to exceed $118,217, to be funded from existing
Capital Project 510, the Water Supply Project funds, and
WHEREAS, as part of the permitting process for our Water Supply Project the City
received a letter from the New York State Department of Environmental Conservation
(NYSDEC) that identified several remaining gaps in the Engineering Assessment for the
60-foot dam, and
WHEREAS, the DPW staff requested O’Brien & Gere review the DEC’s letter and
submit a proposal to the City to address the DEC’s concerns with the 60-foot Dam, and
WHEREAS, on July 19, 2013, O’Brien & Gere submitted a proposal for 60-Foot Dam-
Outstanding EA Tasks, and on July 22, 2013, the BPW resolved unanimously to accept
the proposal in an amount not to exceed $27,000.00 with funds to be obtained from
contingencies in the existing Capital Project #510, and
WHEREAS, O’Brien & Gere provided the Supplemental Engineering Assessment 60-
Foot Dam on February 24, 2014, to both the City and the DEC, and in follow up meeting
with NYSDEC on September 10, 2014, DEC requested a schedule for completion of the
Dam Safety upgrades, and
April 1, 2015
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WHEREAS, the DPW staff requested O’Brien & Gere prepare and submit a proposal for
the 60-Foot Dam Safety Upgrades – Design and Construction Phase Services along
with a overview presentation of the 60-Foot Dam Engineering Assessment for the BPW,
O’Brien & Gere made the presentation to the BPW on February 9, 2015, and
WHEREAS, preliminary estimates for the complete Dam Safety Project Costs for the
60-Foot Dam are projected to be approximately $4 million. More detailed structural
inspection, geotechnical investigation, and final design are needed to refine construction
estimates for project, and
WHEREAS, the February 3, 2015, proposal for 60-Foot Dam Safety Upgrades – Design
and Construction Phase Services from O’Brien & Gere include estimates for Detailed
Structural Inspection = $7,000.00, Geotechnical Investigation = $35,000.00, Design
Development = $18,000.00, and Final Design = $68,000.00, totaling $128,000.00, and
WHEREAS, the budget for Capital Project #510, the City’s Water Treatment Plant
improvements did not include funds for the NYSDEC mandated Dam Safety
Improvements, and
WHEREAS, a new Capital Project will need to be established for the Dam Safety
Design to allow for the continued progress of work within schedule for compliance with
the understanding additional funds will be needed in 2016 once we have a solid cost
estimate for the Dam Safety Improvements; now, therefore be it
RESOLVED, That Common Council hereby establishes Capital Project #527 Dam
Safety Improvements in an amount not to exceed $128,000 for the purposes of
engineering for Dam Safety Upgrades to the 60-foot Dam, and be it further
RESOLVED, That funds necessary for the NYSDEC mandated Dam Safety
Improvements will be derived from a Capital Reserve #16 Water Sources Development
transfer to Capital Project #527 Dam Safety Improvements.
Alderperson McCollister questioned the wording in the 12th Whereas clause regarding
the future funding needed for dam safety (approximately $4 million), and voiced her
discomfort with the vagueness of potential costs.
Mayor Myrick noted that this is an unfunded mandate by the Department of
Environmental Conservation. Alderperson Clairborne stated that these unfunded
mandates need to be tracked to use in future discussions with New York State.
Alderperson Brock stated that she is not happy with unfunded mandates but
understands the State’s increase in inspections. Aging infrastructure and years of
deferred maintenance have resulted in structure failures that created catastrophic
events.
Mayor Myrick noted the differing impacts that State funding vs. local funding for these
types of projects have on the middle class and working poor, specifically increases to
water rates and property taxes.
Alderperson McGonigal voiced his concern regarding the engineering costs.
Alderperson Kerslick stated that he would support the tasks 1-4 on the list proposed by
O’Brien & Gere but would like to get more information on timelines so Council can
understand the impact of this decision on the upcoming city budgets.
Mayor Myrick noted that at this time only two dams are being discussed with funding
being derived from the water fund and the general fund; however, there are also other
dams that will require maintenance to bring them into compliance.
City Controller Thayer explained the difficulty in insuring the dams due to the
compliance issues. He further addressed the great pressure that this work will place on
water and tax rates. He stated that a vote is not needed tonight but there are upcoming
April 1, 2015
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deadlines. This action would only approve the funding needed to gather further
information.
Alderperson McGonigal noted that Superintendent of Public Works Thorne and Director
of Engineering West came to the City Administration Committee; however, he feels that
more information is needed before a decision can be made.
Alderperson Clairborne requested that a presentation be held at next month’s meeting
on the current and future actions needed regarding dam maintenance.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.4 City Controller’s Report
City Controller Thayer reported on the following:
New York State Budget:
New York State recently approved the 2015-2016 budget and he is waiting for further
details. At this time it appears as if CHIPS funding will remain the same at $437,000
and that additional funds have been placed in the budget to reimburse costs expended
for extreme weather conditions (approx. $40,000+). State Aid will remain the same at
$2,610,000. It has been 7 years since the City has received an increase in AIM funding.
With inflation factored in, the payment should be closer to $5 million.
2015 Activity:
Sales tax – $13.4 million budgeted – current collections are 5.4% ahead of this
same period last year, and are on pace to meet budget projections
Overtime – $947,000 was budgeted – $223,000 has been spent to date
Building permits - $700,000 was budgeted – $302,000 has been collected to date
Parking Revenue – $2.4 million was budgeted – $532,000 has been collected to
date. The new parking equipment has arrived and will be installed in the next
couple of months.
Questions followed on the floor regarding the NYS budget and changes that are being
proposed to the STAR program.
MAYOR’S APPOINTMENTS:
14.1 Appointments to City of Ithaca Local Board of Assessment Review –
Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
RESOLVED, That Marjorie Olds, John Barradas, and Robert Sparks be appointed to
the Local Advisory Board of Assessment Review for the City of Ithaca for 2015, and, be
it further
14.2 Reappointment to Cable Access Oversight Committee – Resolution
RESOLVED, That Rich DePaolo be reappointed to the Cable Access Oversight
Committee with a term to expire December 31, 2017, and, be it further
14.3 Reappointment to Conservation Advisory Council – Resolution
RESOLVED, That Matthew Yarrow be reappointed to the Conservation Advisory
Council with a term to expire December 31, 2017, and, be it further
14.4 Appointment to the Workforce Diversity Advisory Committee – Resolution
RESOLVED, That Fabina Colon be appointed to the Workforce Diversity Advisory
Committee to fill a vacancy with a term to expire December 31, 2016, and, be it further
14.5 Reappointment to Youth Bureau Advisory Board – Resolution
RESOLVED, That Caitlin Moss be reappointed to the Youth Bureau Advisory Board
with a term to expire December 31, 2017.
Carried Unanimously
April 1, 2015
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REPORTS OF COMMON COUNCIL LIAISONS:
Board of Public Works
Alderperson Fleming reported that Parking Director Nagy reviewed the map of proposed
pay station locations with the Board.
The Cascadilla Boat Club license was on the agenda as a discussion item. A
Resolution of Sentiment will be prepared for next BPW meeting.
DPW staff members led a tour of the Stewart Park facilities for members of Council.
She noted that buildings are not in good shape and it will cost a lot of money to make
them safe for public occupation.
Human Services Coalition
Alderperson Mohlenhoff reported that 2-1-1 funding was restored in the State budget.
She extended her thanks, and also Kathy Schlather’s, to everyone for showing their
support by signing on to the letter that was sent to New York State.
Housing Trust Fund
Alderperson Clairborne reported that Cornell University, Tompkins County and the City
have committed to extend the Tompkins County Housing Fund program for another six
years. The first 6-year pilot project established in 2009 was successfully completed,
and this new commitment will allow the program to continue through 2021.
Commons Construction
Alderperson McGonigal requested that a status report be given on Commons
construction project at the next Common Council meeting.
REPORT OF CITY CLERK:
City Clerk Holcomb read the following announcement into the record:
Public Hearing Announcement for 2015 Community Development Block Grant and
Home Investment Partnership Program:
On behalf of the City of Ithaca, the Ithaca Urban Renewal Agency is announcing the beginning
of the selection process for projects that will be funded by the 2015 Entitlement Grant round.
Approximately $670,000 in Community Development Block Grant funds and $368,000 in HOME
funds are expected to be available. All funded projects must meet HUD National Objectives and
primarily benefit the City’s low-income residents.
Copies of all submitted applications for funding are available for review on the Ithaca Urban
Renewal Agency web page at www.ithacaura.org,
The first of two public hearings for the grant is scheduled for April 2, 2015 at 8:30 a.m. in
Common Council Chambers. The entire schedule of public meetings can be found on the Ithaca
Urban Renewal Agency web page.
For more information, please contact:
Ithaca Urban Renewal Agency
108 East Green Street, 3rd floor
Ithaca, NY 14850-5690
Phone (607) 274-6553
E-mail: ltruame@cityofithaca.org
REPORT OF CITY ATTORNEY:
City Attorney Lavine reported on the following:
The owner of the unoccupied property located at 404 West Green Street plead guilty to
a total of 288 counts of violations of the City of Ithaca Municipal Code and New York
State Property Maintenance Codes. The property owner agreed to a fine of $15,000
and potential additional fines of $30,000 if the structure is not brought into compliance
with all codes within a period of approximately six months.
A Federal Court dismissed in its entirety a 2012 lawsuit filed against the City by former
Ithaca Police Department Sergeant Douglas Wright claiming employment
discrimination. Mr. Wright was seeking $10.5 million.
April 1, 2015
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MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the March 4, 2015 Common Council Meeting Minutes –
Resolution
By Alderperson McCollister: Seconded by Alderperson Kerslick
RESOLVED, That the minutes of the March 4, 2015 Common Council meeting be
approved as corrected.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 8:20 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor