HomeMy WebLinkAboutMN-CC-2016-11-02COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. November 2, 2016
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming,
Smith, Kerslick, Martell, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Planning and Development Director – Cornish
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
City Administration Committee:
Alderperson Mohlenhoff requested that Item 8.1 – Donation of Skate Park Lighting
System to the City of Ithaca be removed from the Consent Agenda and added to the
City Administration Committee Agenda.
No Council Member Objected
PROCLAMATIONS/AWARDS:
Mayor Myrick proclaimed the week of November 13-19, 2016 as Home Health Aide
Appreciation Week and invited everyone to attend a recognition and appreciation event
“Home Care from the Heart” on November 16, 2016, from 4:00 pm – 6:00 pm at the
Ramada Inn.
Mayor Myrick proclaimed the week of November 28 – December 4, 2016 as “Local First
Week” and encouraged everyone to buy “local” as they kick off their holiday shopping.
SPECIAL ORDER OF BUSINESS:
4.1 Public Hearing on the Mayor’s Proposed 2017 City of Ithaca Budget
Resolution to Open Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
RESOLVED, That the Public Hearing on the Mayor’s Proposed 2017 City of Ithaca
Budget be declared open.
Carried Unanimously
No one appeared to address Common Council.
Resolution to Close Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
RESOLVED, That the Public Hearing on the Mayor’s Proposed 2017 City of Ithaca
Budget be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Joel Harlan, Town of Newfield discussed zoning revisions for university dormitories and
Collegetown development.
The following people addressed Common Council in support of the proposed Maguire
Dealership at Carpenter Business Park:
Bob Andree, Town of Ulysses
Kyle O’Connor, Town of Ulysses
November 2, 2016
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Austin Foote, Village of Horseheads – Operations Manager for Maguire, referred to a
petition with 600 signatures of support on it.
Randy Murphy, City of Ithaca
The following people addressed Common Council in opposition of the proposed
Maguire Dealership at Carpenter Business Park:
Fred Wilcox, City of Ithaca
Anna Kelles, City of Ithaca
Karen Friedeborn, Town of Enfield
Theresa Alt, City of Ithaca
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Nguyen addressed comments made by Mr. Murphy regarding the number
of people who spoke in support and in opposition of the proposed Maguire Dealership at
a recent public hearing.
Alderperson McGonigal noted that it is a 9 acre site and 40% of it is not developable
due to high tension power lines.
Alderperson McGonigal further reported that a fundraiser is being held on November 5,
2016 at Cass Park that will include many activities. Proceeds will benefit the Cass Park
Ice Rink enclosure project.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.2 Youth Bureau – Request to Amend 2016 Budget - Resolution
By Alderperson Kerslick: Seconded by Alderperson Fleming
WHEREAS, The Ithaca Youth Bureau received two (2) NYS Higher Education Serves
Corp. Grants and one (1) local grant from Bike Walk Tompkins; and
WHEREAS, The grants received support Youth Bureau programming in the College
Discovery (CDP) Program, and the Paul Schreurs Memorial Program for college tours
for participants; and
WHEREAS, a grant from Bike Walk Tompkins supports bikes and equipment needed
for Ithaca Bike Rental; and
WHEREAS, this amendment requires no additional funds from the City; now, therefore
be it
RESOLVED, That Common Council hereby amends the 2016 Youth Bureau Budget as
follows:
Increase Expenses:
A7310-5445-01201 Travel & Mileage $ 3,348.27
A7310-5120-01201 Part-time Seasonal $ 849.94
A7310-9030-01201 FICA/Medicaid $ 66.00
A7310-9040-01201 Workers’ Comp $ 68.37
A7310-5445-1240 Travel & Mileage $13,862.00
A7310-5460-01203 Program Supplies $ 4,000.00
A7310-5120-01203 Part-time Seasonal $ 969.00
A7310-9030-01203 FICA/Medicaid $ 75.00
A7310-9040-01203 Workers’ Comp $ 78.00
Total $23,316.58
Increase Revenues:
A7310-2070-01201 Paul Schreurs – Grant $ 4,332.58
A7310-2070-01240 CDP - Grant $ 8,400.00
A7310-2070-01240 CDP-ECHO $ 5,462.00
November 2, 2016
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A7310-2070-01203 Donations $ 5,122.00
Total $23,316.58
Carried Unanimously
8.3 Attorney – Request for Funds for Litigation and Legal Fees - Resolution
By Alderperson Kerslick: Seconded by Alderperson Fleming
WHEREAS, as part of the authorized 2016 Budget, $105,000 was placed in Restricted
Contingency for the purpose of future litigation and legal services; and
WHEREAS, the City will be expending funds on various litigation and legal services
during the remainder of 2016; now, therefore be it
RESOLVED, That Common Council hereby transfers an amount not to exceed
$105,000 from Account A1990 Restricted Contingency to Account A1420-5435 Attorney
Contracts $30,000 and Account A1930-5000 Judgments and Claims $75,000 for the
purposes of funding future litigation and legal services.
Carried Unanimously
8.4 Approval of the 2016-2017 Civil Service Agreement with the Ithaca City
School District - Resolution
By Alderperson Kerslick: Seconded by Alderperson Fleming
RESOLVED, That the Mayor and City Controller be authorized and directed to execute
an agreement between the City of Ithaca and the Ithaca City School District for
performance by the City for services in connection with Civil Service matters, for the
period July 1, 2016, to June 30, 2017, in an amount of $58,253, payable to the City of
Ithaca on or before December 1, 2016.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 Donation of Skate Park Lighting System to the City of Ithaca - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Martel
WHEREAS, the City owns and operates the Wood Street Park, within which a public
facility for skateboarding was installed some years ago; and
WHEREAS, in 2011 the City and TEMS Skate Fund entered into an agreement to
partner in rehabilitating the City’s skate park facility Capital Project #732; and
WHEREAS, the City completed the skate park rehabilitation project in 2014; and
WHEREAS, TEMS Skate Fund has secured funding from the Park Foundation in the
amount of $20,000 to install lighting to increase usability of the skate park, which
funding TEMS Skate Fund intends to use to pay for installation of the lighting, and then
gift the improvements to the City; and
WHEREAS, City staff have reviewed the lighting plan provided by TEMS Skate Fund,
and are generally supportive of the proposal; and
WHEREAS, the Board of Public Works is supportive of accepting the donation and
recommends that Common Council accept the donation on the behalf of the City; now,
therefore be it
RESOLVED, That Common Council accepts the donation in accordance with the City’s
Gifting and Solicitation Policy.
Alderperson Mohlenhoff explained that this item was removed from the Consent
Agenda so she could explain a slight modification to the project. Originally, city staff
thought they would have to manage the installation of the lighting but that is not the
case, someone else will be managing the project. The City simply needs to accept the
donation.
November 2, 2016
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Alderperson Brock questioned whether the contractor would be paying a living wage to
the workers on this project. Mr. Andrew Douglas stated that they would be paying a
standard wage to the private contractor, not a prevailing wage. Alderperson Brock
stated that she wouldn’t oppose this Resolution but noted that it highlights the
discrepancies between how the city contracts out for work. Mr. Douglas stated that he
would be happy to pay a prevailing wage if they had the capital available for the
prevailing wage; however the difference was several thousand dollars over the project
budget.
Alderperson McGonigal noted that Union Fields at Cass Park was built with labor
donated by the local unions, and that it how it earned its name. He stated that there is
local history for donations of labor for good projects.
Alderperson Brock noted that she applauds public/private partnerships but feels that
every effort should be taken to pay contractors a prevailing wage when working on
city/public projects. She questioned whether this loophole should be addressed in the
City’s Solicitation and Gifting Policy. City Attorney Lavine responded that it is a gray
area when considering a gifted asset to the city. He noted that Common Council may
not have chosen to complete this project if the gift was not offered. Council could
choose to filter all gifts on the basis of prevailing wage if they wanted to.
Alderperson Nguyen thanked Mr. Douglas for facilitating this gift to the City and the
users of the skateboard park. He noted that the residents of Titus Towers has been
requesting additional lighting for the Wood Street Park for a long time.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2 Adoption of 2017 Budget – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, this Common Council is now considering adoption of the Amended
Executive Budget for 2017 at its November 2, 2016 meeting, as approved by the
Committee of the Whole; and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Executive Budget for 2017, and
as those amounts may be altered by action of this Common Council at its November 2,
2016 meeting, are adequate for the operation of the City during 2017; now, therefore be
it
RESOLVED, That this Common Council accepts and approves said Amended
Executive Budget for 2017, together with any additional changes made in said budget at
Council's November 2, 2016 meeting as the City of Ithaca Budget for 2017, in the total
amount of $70,068,495; and, be it further
RESOLVED, That the following sections of the 2017 Budget be approved:
A) General Fund Appropriations
B) Water Fund Appropriations
C) Sewer Fund Appropriations
D) Solid Waste Fund Appropriations
E) Sidewalk Special District Fund Appropriations
F) Stormwater Drainage Special District Fund Appropriations
G) General Fund Revenues
H) Water Fund Revenues
I) Sewer Fund Revenues
J) Solid Waste Fund Revenues
K) Sidewalk Special District Fund Revenue
L) Stormwater Drainage Special District Fund Revenue
M) Debt Retirement Schedule
N) Capital Projects
O) Schedule of Salaries and Positions - General Fund
November 2, 2016
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P) Schedule of Salaries and Positions - Water & Sewer Fund
Q) Schedule of Salaries and Positions - Sidewalk Special District Fund
R) Schedule of Salaries and Positions - Solid Waste Fund
S) Schedule of Salaries and Positions – Stormwater Drainage Special District
Fund
T) Authorized Equipment - General Fund
U) Authorized Equipment - Water Fund
V) Authorized Equipment - Sewer Fund
W) Authorized Equipment - Solid Waste Fund
X) Authorized Equipment - Sidewalk Special District Fund Balance
Y) Authorized Equipment - Stormwater Drainage Special District Fund
Carried Unanimously
9.2 Adoption of 2017 Tax Rate – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the 2017 City of Ithaca Budget was approved, adopted, and confirmed in
the total amount of $70,068,495 on November 2, 2016, in accordance with a detailed
Budget on file in the Office of the City Controller; and
WHEREAS, available and estimated revenues total $47,871,834 leaving $22,196,661
as the amount to be raised by taxation; and
WHEREAS, the Assessment Roll for 2017 certified and filed by the Assessment
Department of Tompkins County, has been footed and approved and shows the total
net taxable valuation as $1,843,576,510; and
WHEREAS, under Charter provisions, the tax limit for City purposes amounts to
$33,171,114 for 2017; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal year 2017, be, and
the same hereby is, established and fixed at $12.04 per $1,000 of taxable valuation as
shown, certified and extended against the respective properties on the 2017 Tax Roll,
thereby making a total tax levy, as near as may be, of $22,196,661; and, be it further
RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied
upon and against the respective properties as shown on said City Tax Roll, in
accordance with their respective net taxable valuation, at the rate of $12.04 per $1,000
of such taxable valuation; and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and
apportion the City Tax as above, and that upon the completion of the extension of said
Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign
and affix the corporate seal to such warrant and forthwith to file the same with said Tax
Roll with the City Chamberlain; and be it further
RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the
City Chamberlain, the amounts of the City Tax set opposite each and every property
shall hereby become liens, due, payable and collectible in accordance with provisions of
the City Charter and other laws applicable thereto; and, be it further
RESOLVED, That the total sum of $70,068,495 be appropriated in accordance with the
adopted Budget to the respective Boards, Offices, and Departments of the City, for the
purposes respectively set forth therein. The 2017 Assessment Roll has been completed
and approved by the Assessment Department of Tompkins County and resulted in the
following valuation:
Total Value of Real Property $4,347,914,223
Less: Value of Exempt Property $2,535,008,900
$1,812,905,323
November 2, 2016
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Plus: Value of Special Franchises $30,671,187
Net Value of Taxable Property $1,843,576,510
Mayor Myrick stated that this Resolution represents a 6.6% reduction in the tax rate, the
lowest since 2003. Some property owners may still see an increased tax bill due to
increased property assessments, however. He congratulated Common Council on this
achievement as it is a direct result of reducing expenses, streamlining services, and
making smart planning and economic development decisions.
Alderperson Kerslick thanked Alderperson Deb Mohlenhoff and Chief of Staff Dan
Cogan for guiding Council through the budget process so expertly.
A vote on the Resolution resulted as follows:
Carried Unanimously (11-0)
Mayor Myrick voting Aye
9.3 Adoption of 2017 Ithaca Area Wastewater Treatment Plant Budget - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, this Common Council is now considering adoption of the Amended Joint
Activity Fund Budget for 2017, as approved by the Committee of the Whole; and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for
2017, and as those amounts may be altered by action of the Common Council at its
November 2, 2016 meeting, are adequate for the operation of the Ithaca Area
Wastewater Treatment Plant during 2017; now, therefore, be it
RESOLVED, That this Common Council accepts and approves said Amended Joint
Activity Fund Budget for 2017, together with any additional changes made in said
budget at Council’s November 2, 2016 meeting, as the Ithaca Area Wastewater
Treatment Plant Joint Activity Fund Budget for 2017, in the total amount of $4,112,187;
and, be it further
RESOLVED, That the following sections of the 2017 Ithaca Area Wastewater Treatment
Plant Joint Activity Fund Budget be approved:
A) Joint Activity Fund Appropriations
B) Joint Activity Fund Revenues
C) Schedule of Salaries and Positions – Joint Activity Fund
D) Authorized Equipment – Joint Activity Fund
Carried Unanimously
9.4 A Local Law Entitled “Confirmation of the Sidewalk Improvement District
Assessments, Budget, and Schedule of Work for Fiscal Year 2017”
By Alderperson Mohlenhoff: Seconded by Alderperson Fleming
WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement
Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an
assessment against each property located in each SID for the benefits received by the
property from said construction and repair; and
WHEREAS the Board of Public Works has recommended a budget, schedule of work,
and schedule of assessments for Fiscal Year 2017, subject to review, amendment, and
confirmation by the Common Council; and
WHEREAS Section C-73 provides that Council shall amend as appropriate and confirm
the SID assessments, budget, and schedule of work after a public hearing; and
WHEREAS the appropriate public hearing has been held, and Council has given due
consideration to the comments made, if any, now, therefore
LOCAL LAW 2016-
November 2, 2016
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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 has reviewed the assessments, budget, and schedule of work
recommended by the Board of Public Works for Fiscal Year 2017, and makes the
following findings of fact:
A. The public hearing prior to confirmation required by Section C-73 has been held,
and all owners of property subject to a SID assessment appearing to speak before
Council have had an opportunity to do so.
B. The attached schedule of work, as recommended by BPW and previously subject
to review by Council, constitutes a set of local improvements, the cost of which should
be assessed against the properties located in the SID in which the work is to be
performed.
C. The attached budget, and the related assessments reflected on the assessment
roll kept on file with the City Clerk, are necessary to defray the cost of construction and
maintenance of sidewalk in the City, and Council has made a legislative judgment that
each property in each SID is being assessed in proportion to the benefit received by
that property from the sidewalk construction and repair contained in the schedule of
work.
Section 2. Confirmation of the Assessments, Schedule of Work, and Budget.
The Common Council approves and confirms the assessment roll, a copy of which is
maintained in the City Clerk’s office, and the budget and schedule of work attached
hereto, and imposes a lien upon each property so assessed as set forth in the
assessment roll.
In the event there are additional funds available following completion of the schedule of
work, or changes to the work plan are required for financial, engineering, or other
reasons, the Superintendent of Public Works or his or her designee may alter the
schedule of work in his or her discretion, as instructed by the Board of Public Works
from time to time; provided, however, that if such actions affect ten percent or more of
any Sidewalk Improvement District’s annual levy, such actions must be approved by
resolution of the Board of Public Works.
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.
Section 4. Effective and Operative Date.
This Local Law shall be effective immediately after filing in the office of the Secretary of
State.
A roll call vote on the Local Law resulted as follows:
Alderperson Brock - Aye Alderperson McGonigal - Aye
Alderperson Nguyen - Aye Alderperson Murtagh – Aye
Alderperson Gearhart – Aye Alderperson Fleming – Aye
Alderperson Smith - Aye Alderperson Kerslick – Aye
November 2, 2016
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Alderperson Mohlenhoff - Aye Alderperson Martell – Aye
Carried Unanimously
9.5 Engineering – Approval of a Transportation Alternatives Program (TAP)
Grant Application – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the New York State Department of Transportation has noticed the
availability of the federal Transportation Alternatives Program (TAP), wherein the
federal-aid share of the total project cost is 80%; and
WHEREAS, staff has reviewed projects previously considered for such funding and
recommended the Hector Street Complete Streets project with a 20% local share; and
WHEREAS, this project has been estimated at a total project cost of approximately $1.6
million; and
WHEREAS, the City Administration Committee is supportive of applying for funding for
the Hector Street Complete Street project; now, therefore be it
RESOLVED, That Common Council hereby authorizes and directs the Mayor to submit
an application for funding to the New York State Department of Transportation in
accordance with the provisions of the Transportation Alternatives Program for the
Hector Street Complete Street project.
Alderperson Kerslick questioned whether the city would pay a 20% share of the project.
Alderperson Mohlenhoff responded that the grant schedule is unclear at this point.
Alderperson McGonigal stated that Hector Street needs a sidewalk desperately;
however, it could be challenging to install bike lanes.
A vote on the Resolution resulted as follows:
Carried Unanimously
Alderperson Mohlenhoff expressed her thanks to Common Council and the department
heads for all of their cooperation during the budget process. She extended a special
thanks to City Controller Steve Thayer and his staff, and Chief of Staff Dan Cogan for all
of their hard work. She noted that an “after action” discussion would follow at a future
City Administration Committee meeting to identify any areas of the process that need
improvement.
City Controller’s Report:
City Controller Thayer expressed his thanks to the Mayor, Common Council, Chief of
Staff Cogan, the department heads and employees for their collaboration during the
budget process. He noted that it can be a difficult process but he feels that a
reasonable budget was reached due to the hard work everyone put in.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Authorize Commitment Letter to Receive Grant Funds to Support the Ithaca
Neighborhood Housing Services (INHS) Scattered Site Preservation Project – Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, INHS has an opportunity to receive grant funding to renovate existing rental
units owned and managed by INHS as affordable rental housing; and
WHEREAS, as a result of the February 11, 2016 Settlement Agreement between
Morgan Stanley and the New York State Attorney General, grant funds are being made
available to the Local Initiatives Support Corporation (LISC) to address affordable rental
housing needs in New York State; and
WHEREAS, LISC has established the New York State Housing Stabilization Fund
(NYSHSF) to support the preservation and development of affordable rental housing,
and support services and programs for such housing throughout New York State; and
November 2, 2016
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WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INHS) has applied to LISC for
up to $4,000,000 of funding through the NYSHSF program to support the INHS
Scattered Site Preservation Project to refinance and renovate 98 affordable rental
housing units in 44 buildings located in the City of Ithaca (the “Project”); and
WHEREAS, the NYSHSF program requires the host municipality to execute a grant
commitment letter to receive grant funds and pledge to use the proceeds of the grant
solely for the Project; and
WHEREAS, the objectives for the Project include:
• Improve the quality of life for residents of the Project;
• Renovation of each building;
• Energy efficiency enhancements at each building;
• Establishment of capital reserves for future maintenance;
• Contractually restrict assisted units as affordable housing for at least 50 years;
and,
WHEREAS, the Project directly advances Housing Goal #5 in the City’s 2015
comprehensive plan, “Plan Ithaca: “The existing stock of affordable housing will be
preserved and well-maintained”” now, therefore be it
RESOLVED, That the City of Ithaca Common Council hereby endorses the INHS
Scattered Site Preservation Project to refinance and renovate 98 existing units of
affordable rental housing located on scattered sites in the City of Ithaca; and, be it
further
RESOLVED, That the Mayor, upon advice from the City Attorney, is hereby authorized
to execute a commitment letter with LISC to accept up to $4,000,000 in grant funds to
be used for the INHS Scattered Site Preservation Project, and any other documents
necessary to receive and disburse such grant funds.
Carried Unanimously
10.2 Consideration of Common Council Conditional Approval for Maguire at
Carpenter Business Park Application for Temporary Mandatory Planned Unit
Development (TMPUD) – Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, on March 2, 2016, the Common Council adopted legislation establishing a
Temporary Mandatory Planned Unit Development (TMPUD) for a period of 18 months in
the Waterfront Study Area; and
WHEREAS, on July 22, 2016, Schickel Architecture submitted a completed TMPUD
application on behalf of Carpenter Business Park, LLC; and
WHEREAS, the proposal is to construct an approximately 50,000 SF Ford Lincoln
Nissan dealership, including three new showrooms, a cafe/restaurant, and outdoor
merchandise display, all fronting the Route 13 corridor, with a proposed sidewalk that
will be tree lined and protected from Route 13 by a decorative fence; and
WHEREAS, in accordance with the adopted City process for consideration of a planned
unit development, the application was circulated to City boards and committees, as well
as to the County Planning Department; and
WHEREAS, a public information session, hosted by the applicant, was held on August
31, 2016; and
WHEREAS, in accordance with the TMPUD, the meeting was advertised in the Ithaca
Journal, signs were posted on the property, and property owners within 500 feet were
notified by mail of the meeting; and
WHEREAS, a notice was posted in the Ithaca Journal on August 30, 2016, in order to
advertise a legal public hearing to be held on September 14, 2016; and
November 2, 2016
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WHEREAS, the process for consideration of an application for a Planned Unit
Development requires that the applicant obtain an approval, in concept, from Common
Council prior to beginning the site plan review process; and
WHEREAS, Common Council reviewed all of the comments that were received and
discussed the proposal at their meeting on September 14, 2016; and
WHEREAS, according to the City’s Comprehensive Plan the development site is
located across the Enterprise district, the West End Mixed Use District and the
Waterfront Focus Area; and
WHEREAS, any approved development in this area should be mixed use and will need
to be compatible with the adjacent waterfront uses and nearby neighborhoods; and
WHEREAS, the Comprehensive plan describes the West End district as a gateway to
the City from the north and the west and further states that any uses approved in this
area should be carefully considered for their visual impacts when entering the City; and
WHEREAS, comments and discussion on this proposal concluded that it is not
desirable to have a large parking lot as a gateway to the City; and
WHEREAS, given the existing adjacent uses to the south, the approval of this
development would result in nearly a half mile continuous corridor of automobile
focused uses on the west side of Route 13; and
WHEREAS, the Comprehensive Plan calls for development in this district to provide a
pedestrian-scale street –level experience with slower traffic, safer pedestrian and bike
crossings of major transit corridors, and improved connections to the adjacent
waterfront area and existing trail network. New development should feature multi-story
mixed use buildings that define a street edge and provide pockets of green space; and
WHEREAS, this proposal does not meet the goals of the Urban Mixed Use district for
the following reasons:
• Proposal does not create pedestrian scale street level buildings along the street
edge
• Proposal is for a primarily single story single use building surrounded by a large
parking area;
and,
WHEREAS, the City’s Comprehensive Plan notes that parking for private vehicles has
significant implications for land use, fiscal health, community livability, and
environmental management, and further notes that nearly all privately-owned surface
parking lots are tied to single landowners or businesses, rather than allowing shared
parking; and
WHEREAS, the proposed development includes a large single user surface parking lot;
and
WHEREAS, the City’s Comprehensive Plan discourages new construction of impervious
surfaces and encourages conversion of existing impervious surfaces into pervious
surfaces and landscaping; now, therefore be it
RESOLVED, That the Common Council has reviewed the completed TMPUD
application submitted on July 22, 2016 on behalf of Carpenter Business Park, LLC and
has determined that it does not comply with the goals of the City's Comprehensive Plan,
and therefore the Common Council does not hereby grant an approval, in concept, to
the application.
November 2, 2016
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Alderperson Murtaugh responded to comments made regarding a recent quote in which
he stated that there was “unprecedented opposition” to this project. He pointed out that
he also said Maguire is a good business and its employees are our neighbors. He
explained that in terms of correspondence, a majority of city residents have voiced
opposition to this project. He noted that the vision for the area stems from the City’s
Comprehensive Plan which was long process filled with public participation. The Plan
calls for “compact mixed use development”.
Alderperson Fleming noted that she submitted a public statement prior to the Planning
and Economic Development Committee meeting and asked for it to be read it at the
meeting. She believes that the proposal is in keeping with Plan Ithaca and the context
of the site. She stated that she does not believe that the area is a desirable site for
housing, and noted that any project would increase impervious surfaces, except for a
park. She stated that she would oppose this Resolution.
Alderperson Brock stated that the Planning and Economic Development Committee has
had an opportunity to share their vision and interpretation of the comprehensive plan
with the representatives from Maguire. The TMPUD was put in place until new zoning
can be enacted, which was projected to be approximately 18 months/August 2017. She
stated that she would not support the proposal due to the visual impact the project
would have on the neighborhood. She stated that it would create an environment that
you want to rush through instead of creating a welcoming environment. She explained
that at the last meeting, she proposed that this project be stalled to allow Maguire to
amend their proposal. She noted that she is open minded about this concept and
supports liquidating the property for other uses that might break up the continuous auto-
based use.
Alderperson McGonigal offered a description of Carpenter Business Park. He stated
that he does not believe that this proposal is outside of the comprehensive plan
objectives. He commended the people from Maguire for being responsive to the
concerns that have been raised and for their willingness to amend their proposal. He
noted that the limitations of the site would make housing very difficult to develop, and
clarified that this is not actually waterfront property, it is bordered by a railroad and the
busiest highway in the County. He stated that he understands the reluctance to put a
car dealership north of Fulton Street when all of the others are located south of Fulton
Street, but feels as if this is not being fair to Maguire. He stated that part of the parcel
would be great for specialized manufacturing, noting that Maguire currently owns the
property. He thanked Maguire for being a true community member.
City Attorney Lavine clarified that Common Council’s vote tonight is in response to
whether they feel that the proposal comports with the goals of the comprehensive plan
or does not comport with the goals of the comprehensive plan, nothing further.
Alderperson Murtagh explained that the comprehensive plan provides guidelines for
future zoning, noting that “waterfront” is defined on page 50 of the plan. He stated that
the zoning regulations for that area still need to be developed and Alderperson
McGonigal’s comments could be appropriate toward that effort.
City Attorney Lavine stated that the reason it is important that tonight’s votes are driven
by Council’s understanding of the extent to which this proposal comports with the goals
of the comprehensive plan is because the TMPUD legislation was enacted for the sole
purpose of ensuring that the City would have an opportunity to implement zoning to
effectuate the comprehensive plan. The Ordinance is in place to enable the City to draft
zoning regulations while simultaneously allowing a limited amount of development in so
far that the development comports with the goals of the comprehensive plan.
Alderperson Fleming questioned what the 14th Whereas clause was referring to.
Alderperson Brock responded that the Mirabito gas station and Enterprise car
rental/parking lot are located to the south of the Maguire parcel.
Alderperson McGongial questioned where Maguire would stand in the process if this
action is approved tonight.
November 2, 2016
12
City Attorney Lavine explained that a Planned Unit Development is a discretionary
action and Common Council can either vote on the Resolution or send it back to
committee for further consideration. If the Resolution is adopted, the application that
has been filed will be considered fully processed and Maguire would need to submit
another application for Common Council’s consideration.
Alderperson Kerslick stated that lengthy discussions have been held about this proposal
and it still represents a car dealership/parking lot. If it is possible to re-think what a car
dealership is, the proposal might find more support. The other uses in the area are
people intensive such as the Sciencenter, Farmers Market, Franklin Market, and
Cayuga Waterfront Trail. He stated that his preference would be to make a clear
statement with a vote vs. sending the proposal back to committee.
Alderperson Nguyen stated that he would like to see more mixed use development in
that area and that the City needs to be forward thinking. He noted that he and others
would happily live in that area and he believes the units would go very quickly as the
housing shortages are so severe in the city.
Mr. Hayden Brainard, Miller Mayer Attorneys at Law, stated that the representatives of
Maguire would like an opportunity to amend the current proposal vs. starting the
process all over. He stated that the Maguire representatives understand the comments
that have been made and are putting together a plan to address those concerns. They
would like the opportunity to go back to committee.
Alderperson Martell inquired as to whether they would provide a brief description of the
amended plan. Mr. Brainard responded that they would take the input received and
develop a mixed use project and potentially share the property with other businesses.
He stated that Maguire has to expand their business, it is just a matter of where and
when. He stated that everyone is very open-minded but they haven’t had an
opportunity to amend their original plan.
Motion to Refer to Committee
By Alderperson Brock: Seconded by McGonigal
RESOLVED, That the conditional approval for the Maguire at Carpenter Business Park
Application for Temporary Mandatory Planned Unit Development (TMPUD) be referred
to the Planning and Economic Development Committee for further consideration.
Discussion followed on the floor regarding whether the amended proposal would
constitute enough change that it would be considered a new concept. Director of
Planning and Development Cornish explained that a new concept would require a new
application and an advertised public information session.
Alderperson Brock questioned what the application fee was. City Planner Kusznir
responded that the fee is $750 to cover city’s costs for advertising.
Alderperson Mohlenhoff questioned what the options were for fast-tracking this project.
City Planner Kusznir responded that it involves holding a new public information
session, circulation through the Planning Committee, etc. and could take a few months.
Maguire representatives asked if they could make a 15 minute presentation of the
amended proposal at the December Council meeting and then have Common Council
decide whether it is a new proposal or an amendment.
City Attorney Lavine noted that the action could also be tabled tonight until next month
when a presentation could be made. Common Council could then decide whether to
send the proposal back for a new application or accept it as an amendment to the
existing proposal.
Alderpersons Brock and McGonigal withdrew their Motion to Refer to Committee.
November 2, 2016
13
Alderperson Martell urged Maguire to resubmit their proposal and perhaps spend some
time talking with Council members before submitting the new application.
Alderperson Gearhart stated that it is a cleaner action to vote on Resolution tonight but
asked staff to expedite this application through the process.
A vote on the Resolution resulted as follows:
Ayes (8) Brock, Nguyen, Murtagh, Gearhart, Smith, Kerslick, Mohlenhoff, Martell
Nays (2) Fleming, McGonigal
Carried (8-2)
10.3 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
entitled “Zoning” and Chapter 210 of the City of Ithaca Municipal Code entitled
“Housing Standards” in order to Add a Zoning Definition for “Mezzanine,” Amend
the Housing Standards Definition of “Mezzanine,” and Amend the Zoning
Definition of “Story”
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section
325-3 sets forth “Definitions and word usage” for certain words and terms used
throughout the Zoning Ordinance; and
WHEREAS, Chapter 210 of the City of Ithaca Municipal Code entitled “Housing
Standards,” Section 210-5 sets forth “Definitions” for certain words and terms used
throughout the Housing Standards; and
WHEREAS, Common Council, to eliminate any ambiguity or inconsistency in its
Municipal Code that may result from current Sections 325-3 and 210-5, wishes to (i) add
a definition for the word “Mezzanine” to Section 325-3 consistent with the definition in
Section 210-5, (ii) amend the definition of “Mezzanine” in Section 210-5 to be consistent
with Section 325-3 and the New York State Uniform Fire Prevention and Building Code,
and (iii) amend the Section 325-3 definition of “Story” to remove its above-described
sentence regarding “Mezzanine” that conflicts with the definition of “Story” in Section
210-5; now, therefore
ORDINANCE 2016-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1.
Findings of Fact. The Common Council finds that:
1. Staff have identified the following ambiguities and inconsistencies in the
definitions sections of the City’s Zoning and Housing Standards codes in regard to the
words “mezzanine” and “story.”
2. Section 325-3 does not define the word “Mezzanine”.
3. Section 210-5 of Chapter 210 of the City of Ithaca Municipal Code, “Housing
Standards,” defines the word “Mezzanine” as “An intermediate level between the floor
and ceiling of any space that is completely open or provides adequate visibility to the
level below as defined in the New York State Uniform Fire Prevention and Building
Code.”
4. The definition of the word “Story” in Section 325-3 provides, in part, “If a
mezzanine floor area exceeds 1/3 of the area of the floor immediately below, it shall be
deemed to be a story.”
5. The definition of the word “Story” in Section 210-5 provides, in part, that “[a]
mezzanine as defined in the New York State Uniform Fire Prevention and Building
Code” shall not be deemed a story.
November 2, 2016
14
Section 2.
Section 325-3 of the City of Ithaca Municipal Code entitled “Zoning” is hereby amended
to add the definition of “Mezzanine,” in alphabetical order, and to read as follows:
MEZZANINE
An intermediate level or levels between the floor and ceiling of any space as
defined in the New York State Uniform Fire Prevention and Building Code.
Section 3.
Section 210-5 of the City of Ithaca Municipal Code Chapter 210 entitled “Housing
Standards” is hereby amended to read as follows:
MEZZANINE
An intermediate level or levels between the floor and ceiling of any space [that is
completely open or provides adequate visibility to the level below] as defined in the New
York State Uniform Fire Prevention and Building Code.
Section 4.
Section 325-3 of the City of Ithaca Municipal Code entitled “Zoning” is hereby amended
to read as follows:
STORY
The portion of a building which is between one floor level and the next higher floor level
or the roof. [If a mezzanine floor area exceeds 1/3 of the area of the floor immediately
below, it shall be deemed to be a story.] A mezzanine as defined in the New York
State Uniform Fire Prevention and Building Code is not a story. A basement shall
be deemed to be a story when its ceiling is six or more feet above the finished grade. A
cellar shall not be deemed a story. An attic shall not be deemed to be a story if
unfinished and without human occupancy.
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 in accordance with law, and upon
publication of notice as provided in the Ithaca City Charter.
Alderperson Murtagh explained that this Ordinance would add a definition of mezzanine
to the zoning ordinance and housing code; and would amend the definition of story in
the zoning ordinance. This action is being taken to ensure that the City Code and the
State Uniform Fire Prevention and Building Code language do not conflict.
Director of Planning and Development Cornish noted that this is a clever way to
increase density as developers can use smaller floor plans while maintaining the same
amount of space.
Discussion followed on the floor regarding the New York State definitions of mezzanine
and story.
City Attorney Lavine thanked Assistant City Attorney Kevin Levine for his work on this
legislation.
A vote on the Ordinance resulted as follows:
Carried Unanimously
November 2, 2016
15
10.4 Resolution Urging the United States Congress to Pass Carbon Fee and
Dividend Legislation
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, climate scientists worldwide are in near-unanimous agreement that the
planet Earth is warming rapidly and to a degree that is perilous to human civilization, to
numerous species, and to the global ecosystem; and
WHEREAS, human activity is a significant contributor to global warming, especially
through the accelerating combustion of fossil fuels that create carbon dioxide and other
greenhouse gases as a byproduct; and
WHEREAS, the City of Ithaca Common Council has a record of acknowledging the
reality of climate change as well as the city’s responsibility to reduce its contribution to
the causes of global warming, as evidenced by the City of Ithaca’s Energy Action Plan
and Comprehensive Plan; and
WHEREAS, a prompt and major shift away from fossil fuels is a necessary cornerstone
to any meaningful response to global warming; and
WHEREAS, a steadily increasing fee on fossil fuels at the point of their entry into the
economy would be straightforward and make effective use of free-market mechanisms
to promote the transition to greater energy conservation and renewable sources of
energy; and
WHEREAS, this revenue-neutral carbon fee and dividend is an effective method to
reduce carbon emissions for the following reasons:
1) The fee would motivate everyone to conserve and adopt renewable energy
without the need for extensive governmental regulatory controls or infrastructure,
encouraging consumers and the market to replace consumption of carbon-based
energy with innovative, sustainable energy sources, whether by being more efficient or
choosing other, less carbon intensive energy sources; and
2) The fee would employ a market approach to encourage innovative processes,
not only in energy production, but also in every field in which energy is consumed, e.g.
electric cars, mass transportation, architectural planning and construction, water
heating, lighting, and air conditioning in residential and commercial buildings;
3) Levying the fee at the point of production would be more efficient, less expensive
and provide more accurate signals than would doing so at the point of consumption;
4) The fee would incentivize the development and use of alternative energies and
attendant technologies, eliminating the need for government subsidies that attempt to
forecast alternative energy winners and losers;
5) Because the fee is levied on the same basis on all businesses, it is fairer to every
business and easier to administer than alternatives, such as a cap and trade system;
6) A border adjustment would assess a fee on goods traded with countries without a
comparable carbon price, thereby maintain the competiveness of US businesses and
discourage relocation to such countries; and
WHEREAS, such a policy would protect lower and middle-income households, as the
dividend would allow more than 70% of American households to benefit financially,
break even, or have only minimal increased costs from this policy; the policy would also
create jobs, as the dividend puts money back into local economies; and
WHEREAS, further delay in responding to this crisis increases the risk of catastrophic
climate change, imminently threatens low-lying coastal areas and land and sea species,
threatens water supplies, increases the frequency of severe weather events, increases
the cost of undertaking adequate responses, and increases risks to the global economy;
now, therefore be it
November 2, 2016
16
RESOLVED, That the Ithaca Common Council endorses a carbon fee and dividend and
urges our representatives in the United States Congress to enact it into law.
Extensive discussion followed on the floor with Ms. Miranda Phillips and Ms. Nancy
Jacobson explaining how the dividend would work.
They explained that the fee is assessed upstream to the oil, natural gas, and coal when
it first comes into the economy. The big idea is to send a market signal to power
companies to lean toward renewable fuel sources vs. fossil fuels. The fee would rise
steadily. All adults would receive an equal dividend; the amount they get to keep is
dependent on their carbon footprint and embodied energy in the things they buy. A
monthly check would be direct deposited into their designated bank accounts. This is a
progressive initiative, and the main goal is to lower carbon emissions as quickly as
possible.
Alderperson Brock noted that she is predisposed to watch how these initiatives work
before voting to support them. She noted that she is wary of anything that creates a
pocket of money that is supposed to be redistributed, such as the lottery fund that was
supposed to be used for education but generally feeds the lottery organization. She
noted that she would prefer to remove the tax incentives and abatements given to
power companies. She noted that many lower income people don’t have bank accounts
and/or are transient, so a direct deposit system would not work for them. In addition,
the dividend is taxable as income on both federal and state levels.
Ms. Phillips and Ms. Jacobson explained that starting with carbon emissions is the best
first step and agriculture and methane gas production would be the next step. They
want to make changes quickly as the impacts of climate change are increasing rapidly.
A vote on the Resolution resulted as follows:
Ayes (9) McGonigal, Nguyen, Murtaugh, Gearhart, Fleming, Smith,
Kerslick, Mohlenhoff, Martell
Nays (1) Brock
Carried (9-1)
Common Council requested that this legislation be forwarded to the City’s Federal
representatives. Mayor Myrick pledged to take the Resolution to the Mayor’s
Conferences in New York and Washington, D.C. as well.
MAYOR’S APPOINTMENTS:
Natural Areas Committee
By Alderperson Martell: Seconded by Alderperson Kerslick
RESOLVED, That Janet Edwards be appointed to the Natural Areas Committee with a
term to expire December 31, 2017.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Ithaca Landmarks Preservation Commission
Alderperson Murtaugh reported on the following:
The old library project is slowly moving through the ILPC process. The ILPC
would like to see further changes to the building.
Parks Commission
Alderperson Martell reported on the following:
There is a proposal to rename the Lake Street Park as Mill Race Park. The Natural
Areas Committee would like to clarify the boundary of that park as there is also a
small natural area on that parcel.
Alderperson Brock stated that contamination concerns may have prevented this land
from being designated as substitute parkland. The mill race was one of the most
contaminated spots in the area so it may not be appropriate to associate the park with
that structure.
November 2, 2016
17
Board of Public Works
Alderperson Fleming reported on the following:
Pedestrian safety concerns have been expressed from residents in the Belle
Sherman/Bryant Park neighborhoods regarding Ithaca Road, E. State St/MLK St,
and Mitchell St.
Repair work has started on the Six Mile Creek retaining wall
Water is once again flowing over the dam
Two NYSEG vaults needed re-setting on Dryden Road
A meeting with Cornell regarding Forest Home Drive repairs will be held. A
Resolution authorizing a MOU will be going to the City Administration Committee in
2 weeks
The Board approved the plan to dead-end Spencer Road
The Food Scrap plan was approved
A proposal for the exclusive use of Stewart Park was approved for the NYS Special
Olympics if the City wins the bid
Water bill reimbursement program was approved for the summer months when
people were flushing their pipes due to discolored water.
Alderperson Brock asked about Tompkins County’s efforts to purchase the Tompkins
Trust bank building. Alderperson Nguyen responded that the County is examining the
building to see if it could be used to house not-for-profit organizations (History Center,
Historic Ithaca and others). The property would come off the tax rolls if purchased for
this purpose; however, it is thought that the increased foot traffic this could create and
the re-use of the other existing spaces could negate those costs.
TCAT
Alderperson Nguyen reported that the General Manager position was offered to a
candidate but it was declined. Another excellent candidate will be interviewed soon. If
needed, TCAT may hire a head hunter to find other candidates.
REPORT OF CITY CLERK:
City Clerk Conley Holcomb reported that an assistive listening device has been
purchased for use in Common Council Chambers. The unit includes a transmitter and 4
receivers that would work with ear buds or neck loops for people with Bluetooth hearing
aids. People who would like to use these devices should contact the City Clerk’s Office
in advance of a meeting or event.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the October 5, 2016 Common Council Meeting Minutes –
Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
RESOLVED, That the minutes of the October 5, 2016 Common Council meeting be
approved as corrected.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:05 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor