HomeMy WebLinkAboutMN-CC-2017-04-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. April 5, 2017
PRESENT:
Mayor Myrick
Alderpersons (9) Brock, McGonigal, Nguyen, Gearhart, Fleming,
Smith, Kerslick, Martell, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Building - Planning & Development Director – Cornish
Community Development Director – Bohn
Human Resources Director – Michell-Nunn
Fire Chief – Parsons
GIAC Director – McBean-Clairborne
Deputy GIAC Director – Phillips
GIAC Program Administrator – Brooks
EXCUSED:
Alderperson Murtagh
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
PROCLAMATIONS/AWARDS:
Presentation of Quarterly Employee Recognition Award:
Mayor Myrick presented the Quarterly Employee Recognition Award to GIAC Program
Assistant Rhamel Mack for the outstanding work that he’s completed on the micro-
business/entrepreneurs program and for coaching the GIAC “Firebirds”, a 6th grade girls
basketball team which has had a very successful season. Mr. Mack’s accomplishments
were completed while finishing his college education and earning a Bachelor’s Degree.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Fay Gougakis, City of Ithaca, noted that the Commons legislation is not being enforced
in regards to dogs being on the Commons. She stressed that the Commons rules need
to be publicized more.
Gino Bush, City of Ithaca, thanked the staff of the City Clerk’s Office, Common Council,
and Mayor Myrick for their dedicated service. He further thanked Alderpersons Murtagh
and Nguyen for coordinating a neighborhood meeting to discuss parking and traffic
mitigation. He requested that Common Council consider reducing the price of trash
tags as trash disposal is very expensive for people on low and fixed incomes.
Bill Gilligan, Chair of the Board of Fire Commissioners addressed Common Council on
the recent proposal to restructure the City’s boards and committees. He thanked the
working group for the amount of thought and work that went into the proposal; however,
he voiced concern about the unintended consequences that might occur as a result of
this sweeping change. He suggested that a number of the elements of the proposal be
implemented to support the existing committees such as designing a new application
process; creating a database of content experts; requiring formal agenda formats; and
providing training to committee members. He voiced his hope that there would be
opportunities to discuss the details of the transition to any new structure as well as
alternatives to the current proposal.
Sally Grub, Public Art Commission, echoed Mr. Gilligan’s sentiments. She stated that
the Public Art Commission completed the Public Art Plan and it would be a shame to
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lose all of that work. She voiced her appreciation for the amount of staff time that is
required to support all of the boards and committees and supports a stronger committee
structure; however, she feels as if there would not be enough time for Public Art work
under the new proposal and urged Council to proceed carefully.
David West, Chair of the Bicycle Pedestrian Advisory Committee (BPAC), stated that he
believes the proposed new commission structure would help the public engage with the
City. He noted that the language in the City Code about BPAC is viewed as the City’s
commitment to bicycling and pedestrians and it should be retained in any future
legislation. He stated that he does not believe that 7 Commissioners is enough and
believes that it is important to have a majority of the Commissioners be city residents.
He further believes that there should be a requirement that the representation of the
commissions reflect the community, and that there should be a Board of Public Works
liaison, and staff from the Engineering and Streets & Facilities Division assigned to the
proposed Transportation and Mobility Commission. He further voiced concern
regarding the Disability Advisory Committee and the Conservation Advisory Council.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick responded to comments made by Ms. Gougakis. He noted that dogs are
currently not allowed on the Commons and that he would check in with the police
department regarding this matter.
He further responded to comments made by Mr. Bush and noted that trash tag prices
should be explored for lower income people.
Alderperson Mohlenhoff thanked the members of the city boards and committees for
their comments. She noted that the Working Group continues to discuss many of the
same issues. She stated that the next phase of work for the Working Group will be to
develop another survey that will be sent out with the presentation made to the
Committee of the Whole on March 29, 2017, along with the facilitation of another public
input session. This topic will be on the City Administration Committee agenda and City
Attorney Lavine will review the legislative process needed to move the proposal
forward.
Alderperson Brock noted that the Disability Advisory Council has requested that a
representative of the Working Group attend one of their meetings to discuss the
proposal further. She also responded to comments made by Mr. Bush noting that when
the trash tag fee was raised to $3.75, there was also an increase in the amount of
weight a trash bag could hold – 35 lbs. She stated that Tompkins County is the only
county in New York without its own landfill and all garbage is sent to other counties, and
that trash tag fees and recycling programs are designed to reduce waste. She stated
that Council should be urging Tompkins County to extend their food scrap program to
include curbside pick-up.
Alderperson Brock stated that if the dogs on the Commons regulation is not being
enforced, then Common Council should reconsider the legislation. She further noted
that special events that include animal exhibits may not be appropriate for downtown
and should potentially be moved to the parks.
Alderperson Nguyen thanked Mr. Bush, Alderperson Murtagh, and Fire Chief Parsons
for the Second Ward meeting that was held at Central Fire Station, noting that it was
very helpful.
Alderperson McGonigal reported that Time Warner Cable, which is now known as
Charter Communications, has eliminated WENY, Channel 19 out of Elmira from its line-
up. He considers this a major insult to the community as the reporters from that station
traditionally cover a lot of Ithaca news.
Alderperson McGonigal further reported that Ithaca Police Officers Robert DuPay and
Greg Hertz noticed children on West Hill playing basketball but there were no hoops in
the area for them to play an actual game. They worked with Walmart who donated two
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portable hoops to West Village for the kids. He offered his deepest thanks to the
officers and noted that actions like this make him proud to be part of our community.
Alderperson Brock also thanked the police officers for their efforts but voiced her
disappointment that the property owners, Omni, a for-profit corporation didn’t do this on
their own to support their tenants.
CONSENT AGENDA ITEMS:
Superintendent of Public Works Office:
8.1 Sahara Restaurant Alcohol Permit Request - Resolution
By Alderperson Kerslick: 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 2017, 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
8.2 Woody’s Ladybugs, LLC – d/b/a Red’s Place Restaurant Alcohol Permit
Request - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, Woody’s Ladybugs , LLC – d/b/a Red’s Place 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 Woody’s Ladybugs , LLC – d/b/a Red’s Place 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 2017, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Woody’s Ladybugs,
LLC – d/b/a Red’s Place Restaurant that includes the sale of alcohol in accord with the
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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 Mia Noodle Bar and Restaurant Alcohol Permit Request - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, Mia Noodle Bar and Restaurant has requested permission to utilize certain
areas on The Commons for outdoor dining; and
WHEREAS, this use of public property has been deemed proper and successful; and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary
Commons, including outdoor dining; and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons; and
WHEREAS, Common Council has determined that the use of this public property for outdoor
dining at Mia Noodle Bar and Restaurant, including the responsible sale and consumption
of alcohol, is desirable; and
WHEREAS, Common Council has determined that any use of this or similar public property
involving the same and consumption of alcohol should be covered by a minimum of
$1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2017, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Mia Noodle Bar and
Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth
in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
8.4 Soulvaki House Restaurant Alcohol Permit Request - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, Soulvaki House Restaurant has requested to utilize a certain area of public
property adjacent to 315 Eddy 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 certain public property
located in Collegetown, 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 City Property; and
WHEREAS, Common Council has determined that the use of this public property for outdoor
dining by Soulvaki House 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 2017, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Soulvaki House
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 5, 2017
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8.5 Le Café Cent-Dix Alcohol Permit Request - Resolution
By Alderperson Kerslick: 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
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 2017, 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
8.6 Mercato Bar and Kitchen Restaurant Alcohol Permit Request - Resolution
By Alderperson Kerslick: 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 2017, 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
8.7 Simeon’s American Bistro Alcohol Permit Request - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's American Bistro
Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the
Ithaca Commons for outdoor dining, and
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WHEREAS, this use of public property has generally been deemed proper and successful,
and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca 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 Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public property for outdoor
dining at Simeon's American Bistro 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 2017, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's American
Restaurant that includes the sale of alcohol in accordance with the terms and conditions set
forth in the application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Conveyance of 402 South Cayuga Street to Habitat for Humanity –
Resolution
A. Declaration of Lead Agency – Resolution
By Alderperson Brock: Seconded by Alderperson Smith
WHEREAS, the City of Ithaca Common Council is considering the proposed sale by the
Ithaca Urban Renewal Agency of vacant property located at 402 South Cayuga Street,
Ithaca, NY (tax map #93.-6-7) to Habitat for Humanity of Tompkins and Cortland
Counties, Inc.; and
WHEREAS, the proposed sale of an approximately 8,000 square foot parcel of land is
an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO);
and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be
established for conducting environmental review of proposed actions 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, Common Council approval is required for sale of IURA-owned land; now,
therefore be it
RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead
Agency for the environmental review of the proposed sale of vacant property located at
402 South Cayuga Street, Ithaca, NY.
Carried Unanimously
B. Declaration of Environmental Significance – Resolution
By Alderperson Brock: Seconded by Alderperson Gearhart
WHEREAS, the City of Ithaca Common Council is considering the proposed sale by the
Ithaca Urban Renewal Agency of vacant property located at 402 South Cayuga Street,
Ithaca, NY (tax map #93.-6-7) to Habitat for Humanity of Tompkins and Cortland
Counties, Inc.; and
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WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the
environmental review of this proposed action; and
WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous
acres of land is an Unlisted Action under the City of Ithaca Environmental Quality
Review Ordinance (“CEQR”) and an Unlisted Action under the State Environmental
Quality Review Act (“SEQR”), both of which require environmental review; and
WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting
information has been provided to the City of Ithaca Conservation Advisory Council for
review of the proposed action and no comments have been received to date; and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the
environmental review, has reviewed and accepted as adequate a Short Environmental
Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff;
now, therefore be it
RESOLVED, That the City of Ithaca Common Council hereby determines that the
proposed sale of vacant IURA-owned property located at 402 South Cayuga Street,
Ithaca, NY to Habitat for Humanity of Tompkins and Cortland Counties, Inc. will result
in no significant impact on the environment and that a Negative Declaration for
purposes of Article 8 of the Environmental Conservation Law be filed in accordance with
the provisions of Part 617 of the State Environmental Quality Review Act.
Alderperson Brock requested that the following corrections be made to the Short
Environmental Assessment Form:
Page 2
8c - regarding pedestrian accommodations should be checked “yes” as
sidewalks exist.
10 - regarding public water supply should be checked “yes”.
She further questioned whether 12b regarding archeologically sensitive area should be
checked “yes”. Community Development Director Bohn responded that the entire city is
considered an archeologically sensitive area. These corrections were considered as
friendly amendments.
A vote on the Resolution resulted as follows:
Carried Unanimously
C. Approval of Sale of Property at 402 South Cayuga Street to Habitat for Humanity –
Resolution
By Alderperson Brock: Seconded by Alderperson Martell
WHEREAS, the Ithaca Urban Renewal Agency (IURA) is the owner of vacant real
property located at 402 South Cayuga Street (tax parcel # 93.-6-7); and
WHEREAS, Habitat for Humanity of Tompkins and Cortland Counties, Inc. (Habitat)
seeks to acquire 402 South Cayuga to develop new owner-occupied housing to be sold
to low-income homebuyers; and
WHEREAS, the IURA is authorized to dispose of property to a specific buyer at a
negotiated price if such buyer is designated as an eligible and qualified sponsor
(Sponsor) to carry out an urban renewal project pursuant to section 508 of General
Municipal Law and the sale is approved by Common Council following a public hearing;
and
WHEREAS, on January 26, 2017, the IURA designated Habitat as a “qualified and
eligible sponsor” eligible to acquire 402 South Cayuga Street for the purpose of
undertaking an urban renewal project to develop affordable for-sale housing; and
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WHEREAS, the IURA approved entering into a sales agreement for 402 South Cayuga
Street property subject Common Council approval and the following terms and
conditions:
Seller: Ithaca Urban Renewal Agency
Purchaser: Habitat for Humanity of Tompkins and Cortland Counties, Inc.
Sale price: $32,000.00
Outcome: Development of at least 2 new owner-occupied residences to be
sold to households earning no more than 80% of area median income
Conditions for Conveyance:
1. Design – Approval of final floor plans and exterior design plans to reasonably
maximize accessible design and ensure compatibility with the neighborhood;
2. Project Financing – Submit proof of financing and equity sufficient to construct
the project;
3. Site Plan – Submit proof of site plan approval; and
4. Building Permit – Submit proof of issuance of a building permit authorizing at
least two dwelling units, and
WHEREAS, a public hearing notice was published in the February 18, 2017 edition of the
Ithaca Journal disclosing the essential terms of the proposed sale and a public hearing
was held on March 8, 2017; and
WHEREAS, 402 South Cayuga is located down gradient of the Morse Industrial
Corporation that is the source for toxic soil gas vapors that have negatively impacted
indoor air quality of many homes in the area; and
WHEREAS, in response to this concern, Habitat has voluntarily agreed to install sub-slab
depressurization systems to vent soil gas vapors away from occupied spaces in newly
constructed homes; and
WHEREAS, environmental review on the proposed action has been completed; now,
therefore be it
RESOLVED, That the City of Ithaca Common Council hereby approves the IURA-
proposed sales agreement of property located at 402 South Cayuga Street to Habitat For
Humanity of Tompkins and Cortland Counties, Inc. for the purpose of developing
affordable for-sale housing subject to the additional condition that subslab depressurization
systems be installed for all new housing units.
Discussion followed on the floor regarding the property and demolition costs; what is
considered a median income; the subslab system; and Habitat for Humanity’s rules for
selling property.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2 Consideration of Common Council Conditional Approval for 323
Taughannock Boulevard Application for Temporary Mandatory Planned Unit
Development (TMPUD) – Resolution
By Alderperson Brock: 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 January 16, 2017, Rampart Real, LLC submitted a completed TMPUD
application; and
April 5, 2017
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WHEREAS, the proposed project involves the subdivision of the parcel and the
construction of 8 attached townhomes and 8 parking spaces, on a .242 acre lot on Inlet
Island; 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 February
27, 2017; and
WHEREAS, in accordance with the TMPUD adopted process, 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 February 22, 2017, in order to
advertise a legal public hearing to be held on March 8, 2017; and
WHEREAS, after the public information session was held, it was discovered that while
the meeting had been advertised in the paper and to other local media with the correct
information, the post cards that were sent to property owners within 500 feet had an
incorrect date listed; and
WHEREAS, in order to ensure that there was adequate opportunity for public comment
on this proposal, the Planning Committee requested that a second public information
session be held prior to the Common Council vote, tentatively scheduled for April 5,
2017; and
WHEREAS, in accordance with the TMPUD adopted process, the March 30, 2017
meeting was advertised in the Ithaca Journal, on March 25, 2017, and signs were
posted on the property, and property owners within 500 feet were notified by mail of the
meeting; and
WHEREAS, the second public information session was held on March 30, 2017, and
minutes were recorded and forwarded to the Common Council; and
WHEREAS, the process for consideration of an application for a Planned Unit
Development requires that the applicant obtain an approval in concept from the
Common Council prior to beginning the site plan review process; and
WHEREAS, the Common Council has reviewed all of the comments that were received
and discussed the proposal; and
WHEREAS, according to the City Comprehensive Plan future development in the
waterfront area should include mixed uses, including commercial and housing, and
should maintain access to the water; and
WHEREAS, the proposed project contains 16 residential housing units, 8 of which can
be used as either studio apartments or rental office space, and maintains public access
to the water; now, therefore be it
RESOLVED, That the Common Council has reviewed the application for the Rampart
Real, LLC Inlet Island project and has determined that it does comply with the goals of
the City Comprehensive Plan, and therefore the Common Council does hereby grant an
approval in concept to Rampart Real, LLC.; and, be it further
RESOLVED, That by granting an approval in concept, the Common Council
acknowledges that the applicant is able to begin the site plan review process, despite
any zoning-based deficiencies in the application; and, be it further
RESOLVED, That the Common Council does hereby request that the City Planning and
Development Board update the Common Council after each Planning and Development
April 5, 2017
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Board meeting where this project is considered and to request ongoing written
comments from the Common Council; and, be it further
RESOLVED, That if this project receives a negative declaration of environmental
significance and contingent site plan approval, the applicant will return to the Common
Council for final consideration of the adoption of the Planned Unit Development district.
Discussion followed on the floor regarding the recent public input session and the
questions that arose regarding access to waterway, parking, aesthetics, price point, and
whether the development would be residential only or residential and commercial
(restaurant).
Director of Planning and Development Cornish explained that “mixed use” in this case
includes housing, offices, and docking for boats. A restaurant would not be allowed as
it is not part of the TMPUD application. If the developer decided to pursue a restaurant,
they could follow the appeal process if it complies with the zoning regulations in place.
Alderperson Brock questioned who would own the docks. Developer Steve Flash
responded that it is Canal Corp property and would fall under their regulations. There
are no expectations that the docks would be reserved for particular people. Further
discussion followed regarding access to waterway and whether the southern walkway
along property line would be open to the public. Mr. Flash stated that the 5’ walkway
would not be gated and would be accessible; however, it is located on private property
and as the property owner, he would reserve the right to address prohibited behaviors
accordingly. He further noted that the City owns a 15’ walkway and a gazebo that he
would like upgrade as part of the project.
A vote on the Resolution resulted as follows:
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
10.1 Approval to Rename City of Ithaca Fire Department Stations - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca Fire Chief made a recommendation to the City of Ithaca
Board of Fire Commissioners at its January 10, 2017, meeting, to rename the City of
Ithaca Fire Department’s four fire stations; and
WHEREAS, the recommendation was made by the Fire Chief to make it easier for both
the public and new firefighters to learn the names of each of the fire stations; and
WHEREAS, the recommendation from the Fire Chief is that the fire stations, two of
which are located in the City of Ithaca and two of which are located in the Town of
Ithaca, be renamed based on their location; and
WHEREAS, pursuant to Section C-96 (A) of the City of Ithaca Charter the Board of Fire
Commissioners has the power to control and manage buildings in the Fire Department
service; and
WHEREAS, The City of Ithaca Board of Fire Commissioners approved by resolution on
February 14th, 2017, to rename the City of Ithaca Fire Department’s four fire stations as
follows:
‘Central Station’ (a.k.a Central Fire Station), located at 310 W Green Street, to
‘Station 1 – Central’;
‘Station 9’ (a.k.a. Fire Station No. 9), located at 309 College Avenue, to ‘Station 2
– East Hill’;
‘Station 5’ (a.k.a. South Hill Station), located at 965 Danby Road, to ‘Station 3 –
South Hill’; and
April 5, 2017
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‘Station 6’ (a.k.a. West Hill Station), located at 1240 Trumansburg Road, to
‘Station 4 – West Hill’
; and
WHEREAS, the City of Ithaca Board of Fire Commissioners approved the use of funds
from the Fire Department’s operating budget to pay for the expenses related to new
signage for each fire station; now, therefore be it
RESOLVED, That Common Council hereby affirms the resolution approved by the City
of Ithaca Board of Fire Commissioners to rename the four fire stations as recommended
by the Fire Chief.
Alderperson Mohlenhoff noted that this item had been on the March City Administration
Committee agenda but the meeting was canceled due to the snow event. This action
has already been approved by the Board of Fire Commissioners and the Resolution is
being brought to Common Council for the purposes of raising public awareness.
Alderperson McGonigal questioned why this item didn’t return to the City Administration
Committee for consideration prior to being placed on the Common Council agenda.
Alderperson Mohlenhoff responded that the Fire Chief would be out of town for the April
City Administration Committee meeting it would have had to wait two months before
coming to Council in June.
Chief Parsons explained the reasoning behind the proposed re-numbering of fire
stations. He stated that he is trying to create a consistent naming convention for the
stations so that it does not give the impression that the City still has 9 active fire
stations. He further explained that the sign at the #9 station is crumbling and needs to
be replaced, so this is an opportune time to make the change. No concerns about this
proposal have been raised.
Alderperson McGonigal stated that he understands the reasoning for the change, but
will oppose this action out of respect for the history of this community.
A vote on the Resolution resulted as follows:
Ayes (8) Brock, Nguyen, Gearhart, Fleming, Smith, Kerslick,
Mohlenhoff, Martell
Nays (1) McGonigal
Carried (8-1)
10.2 Approval and Authorization to Execute the City Executive Association
Contract - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
RESOLVED, That Common Council approves the agreement between the City of Ithaca
and the City Executive Association for a contract commencing January 1, 2012 and
expiring December 31, 2021; and, be it further
RESOLVED, That the Mayor is authorized to fully execute the agreement on behalf of
the City.
City Attorney Lavine explained that the Executive Association has ratified the
agreement. A vote on the Resolution resulted as follows:
Carried Unanimously
Alderperson Mohlenhoff stated that the Board and Committee Restructuring Working
Group will continue its work and will be having more in depth conversations regarding
the input received to date. Alderperson Brock asked that the presentation be posted to
the City’s website.
10.3 City Controller’s Report:
City Controller Thayer reported on the following:
April 5, 2017
12
The New York State budget is still under consideration and he’s waiting to learn
what the impact on the City will be
The overtime costs for the March snowstorm were approximately $18,000
2016 activity is still being finalized. Inventories have been slow to come in and
adjustments may need to be made. The end result will be positive and there will
not be a need to use the fund balance.
2017 activity:
o Sales tax – $1.8 million has been collected of the $13.7 million budget
o Overtime - $300,000 has been spent of the $974,000 budget
o Building permit revenue - $143,000 has been collected of the $842,000
budget
o Parking – $659,000 has been collected of the $2.7 million budget
Alderperson Nguyen questioned whether the scratch off parking permits were being
sold. City Controller Thayer responded that approximately $4,000 of scratch off permits
have been sold and they seem to be growing in popularity.
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Opposition to Elimination or Funding Reductions in the CDBG and HOME
Programs – Resolution
By Alderperson Martell: Seconded by Alderperson Nguyen
WHEREAS, the President’s proposed FY2018 budget proposes elimination of the
Community Development Block Grant (CDBG) and HOME programs; and
WHEREAS, the White House is further urging Congress to reduce funding for the
CDBG program by 50% in FY2017 to offset increases in defense spending and to start
to build a wall along the Mexican border; and
WHEREAS, in FY2016 the City of Ithaca received almost $1 million dollars in CDBG
and HOME funding; and
WHEREAS, CDBG and HOME funding in Ithaca is primarily used to make vital
investment in affordable housing and job training and placement programs; and
WHEREAS, Ithaca is experiencing a housing crisis exemplified by the fact that,
according to 2006-2010 American Community Survey data, 35% of renter households
are “severely cost burdened” as they pay over 50% of their income towards housing,
leaving little for food, transportation and health care; and
WHEREAS, over the past three years CDBG and HOME funding has resulted in
construction of over 100 affordable housing units and over 100 full-time job placements;
and
WHEREAS, no alternative source of funding is available to the City of Ithaca to replace
CDBG and HOME funding; now, therefore be it
RESOLVED, That the City of Ithaca Common Council vigorously opposes elimination or
budget reductions in federal funding for the Community Development Block Grant
(CDBG) and HOME programs; and, be it further
RESOLVED, the Common Council calls upon U.S. Representative Thomas Reed, and
U.S. Senators Charles Schumer and Kirsten Gillibrand to oppose elimination or budget
reductions to the CDBG or HOME programs; and, be it further
RESOLVED, That the City Clerk is hereby authorized and directed to transmit certified
copies of this resolution to federally elected officials representing Ithaca, the Cities of
Jamestown, Elmira and Dunkirk, the U.S. Conference of Mayors, and the New York
Association of Cities and Towns.
Discussion followed on the floor regarding the other cities that are signing on to this
initiative. A vote on the Resolution resulted as follows:
April 5, 2017
13
Carried Unanimously
MAYOR’S APPOINTMENTS:
14.1 Appointment to Board of Fire Commissioners – Resolution
By Alderperson Kerslick: Seconded by Alderperson Martell
RESOLVED, That Lawrence Sallinger be appointed to the Board of Fire Commissioners
to replace Harry Ellsworth with a term to expire June 30, 2019; and, be it further
14.2 Appointment to the Parks Commission – Resolution
RESOLVED, That Martha Gioumousis be appointed to the Parks Commission to fill a
vacancy with a term to expire December 31, 2019.
Carried Unanimously
REPORT OF COUNCIL LIAISONS:
Board of Public Works
Alderperson Fleming reported on the following:
Letters have been sent to 500 property owners with known lead water services.
The letters explain options that the owners have to update their systems or
mitigate the presence of lead.
On-street parking data is being collected so that usage, turn-over, and demand
can be analyzed further. The analysis could lead to differential parking rates.
LED street light conversion – DPW is in the process of hiring a consultant to
develop a plan to purchase street lights from NYSEG and transition them to LED
lights.
Food Truck policy – 17 vending sites were recommended to the Board and the
way that fees are calculated will be changed from parking fees to a per square
foot usage fee.
The Youth Bureau Director has requested a mural for the outside wall of the
Youth Bureau building. The Public Art Commission will be working on it.
The Hancock Street project will be appealing the street closure fees that it was
assessed.
Tompkins County Council of Governments
Alderperson Fleming reported on the following:
TCCOG is developing a tax structure for the use of solar lights.
County Administrator Mareane is working on another consolidation of municipal
services initiative for late night arraignment services. They are working on a
system that would ensure that one judge is on call at all times. The details of this
initiative are still in development.
Workforce Diversity Advisory Committee
Alderperson Brock reported that the WDAC has finalized the CIITAP diversity and
inclusion toolkit. It is being circulated to businesses for feedback and will come to
Council in the near future.
Disability Advisory Council
Alderperson Brock reported that the DAC is discussing the closure of pedestrian
walkways for construction zones. She noted that some projects shut down pedestrian
access for months and there are times when there are projects on both sides of street.
The DAC has noted that there is a lack of enforcement of street/sidewalk closures and
would like this become part of the site plan approval process to ensure that plans are in
place for pedestrian access.
Food Truck Policy
Alderperson Brock reported that the sub–committee that developed the Food Truck
Policy continues to meet to refine the regulations further.
Recreation Partnership
Alderperson Kerslick reported that the five year agreement is up for renewal this year.
Program tracking has not been consistent but looks encouraging for the future.
Community Police Board
April 5, 2017
14
Alderperson Kerslick reported that members of the Ithaca Youth Council made a
presentation on a survey they conducted regarding youth and police relations. The
survey results will be posted to Community Police Board webpage.
Ithaca Urban Renewal Agency
Alderperson Kerslick reported that the CDBG project review process has commenced.
Funding decisions will be difficult. The meeting is scheduled for April 13, 2017.
Public Art Commission
Alderperson Gearhart reported that the Public Art Commission has been awarded the
Ithaca Neighborhood Housing Services “Florence Hoard Award” for their work in
beautifying the City. Director of Planning and Development Cornish will be accepting
the award on behalf of the Commission and the City.
Law Enforcement Shared Services Study
Alderperson Mohlenhoff reported that the law enforcement shared services survey is
still open and urged Common Council members to help spread the word. Hard copies
of the survey are available in the City Clerk’s Office, and the link to the electronic survey
is available on the City’s website. The Working Group would like to have surveys
returned by April 21, 2017.
Access Oversight Committee
Alderperson Nguyen reported that the PEG studio upgrades will be starting soon. The
new high definition equipment will result in high quality productions.
TCAT
Alderperson Nguyen reported that the technology upgrades/real-time bus route
information have been delayed until summer. Signage improvements are planned and
a trial summer service route that will service the Health Department is being piloted.
Additional planning for the future will include queue jumping to mitigate the traffic
increases associated with all of the new development in the City.
Conservation Advisory Council
Alderperson McGonigal reported that the CAC has commented on the LED street light
proposal. He noted that when the strength of LED lighting is too strong it can be
hazardous to people’s health. Superintendent of Public Works Thorne is looking to set
up a pilot program to collect feedback on these issues. Alderperson Brock noted that
astronomers are concerned about lack of filters for LED lights and how it will impact
viewing the stars. Alderperson Kerslick noted that LED lights shine in driver’s eyes if
not angled correctly and can cause sight/traffic problems. Alderperson Smith noted that
the color hue is of concern as well.
Public Input Sessions:
Alderperson Brock reported on the following upcoming public input sessions:
University Avenue Open House – April 11, 2017, 4:00 – 6:00 pm, City Hall
W. MLK St Corridor Enhancements – April 12, 2017, 4:00 – 6:00 pm, City Hall
REPORT OF CITY ATTORNEY:
City Attorney Lavine reported on the following:
Document based training has been issued to Ithaca Police Officers on the newly
adopted Sanctuary City legislation. In-person training will happen next week, and
training with a broader audience will occur after that.
The City of Ithaca has participated in four different amicus briefs and provided a
declaration that was filed with NY Attorney General’s Office regarding President
Trump’s Executive Order and the Muslim travel ban
Approximately 40-50 people attended the Law Enforcement Shared Services public
input session and shared good feedback. He stressed that the study has no pre-
ordained objectives or results, it is simply a study of available options for consolidating
services. The Working Group is targeting a June completion of the study with more
April 5, 2017
15
public input sessions prior to that. The completion of the study will result in a set of
recommendations, not policy.
Motion to Enter into Executive Session to Discuss Pending Litigation
By Alderperson Kerslick: Seconded by Alderperson Smith
RESOLVED, That Common Council enter into Executive Session to discuss pending
litigation.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the March 1, 2017 Common Council Meeting Minutes and
March 29, 2107 Committee of the Whole Meeting Minutes – Resolution
This item was deferred to the May Common Council meeting.
ADJOURNMENT:
On a motion the meeting adjourned at 8:15 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor