HomeMy WebLinkAboutMN-CC-2017-06-07COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. June 7, 2017
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
Building - Planning & Development Director – Cornish
Community Development Director – Bohn
Human Resources Director – Michell-Nunn
Chief of Staff – Cogan
City Forester – Grace
City Planner - Kusznir
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
PROCLAMATIONS/AWARDS:
Gay Pride Month
Mayor Myrick proclaimed June, 2017 as Gay Pride Month in the City of Ithaca. He also
noted that for the first time in the City’s history, the Gay Pride Flag is flying over City
Hall. He thanked Finger Lakes Pulse for all of their work on this effort.
The Watershed Declaration: Suicide Prevention
Mayor Myrick pledged the City’s support to the Sophie Fund and the Watershed
Declaration as a means of raising awareness for suicide prevention.
Presentation of Award for the Tea Pavilion at Stewart Park by Historic Ithaca
Julie Johnson, Historic Ithaca, presented Mayor Myrick, the Department of Public Works
and the Department of Building, Planning, and Economic Development with Historic
Ithaca’s Award of Merit in historic preservation in recognition of excellence for the
sensitive reconstruction of the Stewart Park Tea Pavilion. The City, along with Claudia
Brenner Design and Bert Fortner were nominated for this award by the Friends of
Stewart Park.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Fay Gougakis, City of Ithaca, requested that a public forum be held to discuss
Commons issues such as music/amplified sound, the fountain, and police enforcement
of the Commons rules.
The following people addressed Common Council in support of the Resolution on the
agenda that opposes President Trump’s Proposed 2018 Federal Government Budget
and a $54 million increase in military spending:
• Mary Anne Grady Flores, Ithaca Catholic Workers, spoke in opposition to the
increase in military spending.
• Elyse Semerdjian, City of Ithaca, spoke about the needs of children living in
poverty.
• Fernando de Aragon, City of Ithaca, spoke about the needs of transportation
budgets.
• Bob Nape, Town of Lansing, spoke about the needs to support alternative energy
initiatives.
June 7, 2017
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• Roger Beck, Town of Ithaca, spoke in opposition to military expansion.
• Sheila McCue, City of Ithaca, addressed the mental health needs of veterans and
the rate of suicide among veterans.
• Gerri Jones, City of Ithaca, spoke about the trauma of poverty.
• Darlene Evans, Town of Ithaca, addressed the needs of student tutoring
programs.
• Ruth Yarrow, City of Ithaca, spoke about the nuclear freeze campaign in the
1980s.
• Jenna Hallas, City of Ithaca, spoke about the value of education and the need for
more money for books and school supplies.
• Phoebe Brown, City of Ithaca, addressed the needs of re-entry programs.
• Jim Murphy, City of Ithaca, talked about the increasing demand for VA services
for the 22 million military veterans, 9 million of which are in VA hospitals.
Ben Savitzky & Stephen Nunley, City of Ithaca, addressed illegal activities that are
taking place at the intersection of West State/MLK St and Plain Street including the use
and sale of drugs, prostitution, violent fights, and the use of bad language. The
residents and business owners in the area urge the City to take action.
Theresa Alt, City of Ithaca, spoke about issues of affordable, safe, and healthy housing.
She voiced her support for the legislation regarding certificates of compliance for rental
properties; and stated that the CIITAP program should focus on affordable housing.
Joel Harlan, Town of Newfield, addressed issues relating to development on Inlet
Island.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderpersons Murtagh, Nguyen, and Mayor Myrick responded to comments made about
the activities happening on the corner of West State/MLK and Plain Streets and noted
that they would be happy to coordinate a meeting to discuss these issues in greater
detail.
Alderperson Brock noted that the 600 Block of West State/MLK Street experienced
similar issues and she would be happy to share the lessons learned. She further
thanked the speakers who shared their concerns and ideas about President Trump’s
Proposed 2018 Federal Budget. She also thanked Ms. Alt for the reminder about
CIITAP and the expected outcome of job creation. She questioned whether there was
adequate staff in the Building Division to conduct more regular inspections of rental
properties.
Alderperson McGonigal stated that he was disappointed that many of the speakers left
the meeting, noting how impressed he was by them. He commented that Congressman
Reed is one of President Trump’s strongest supporters and if people want to see
change, they need to change Congress and the President.
He further noted that the First Ward is mourning the loss of 20 year old Tom Hilchey
who was the victim of a terrible accident. He noted that Tom started the soccer
program at GIAC and also worked as a Gorge Steward for Cornell University. The City
of Ithaca sends their heartfelt condolences to the Hilchey family.
Alderperson Nguyen thanked the speakers for their eloquent comments regarding the
impacts of the proposed 2018 Federal budget. He further congratulated GIAC Director
Leslyn McBean Clairborne for being named Finger Lakes Pulse’s LGBT Ally of the
Year.
June 7, 2017
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CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Human Resources Department - Amendments to Fringe Benefits for
Managerial Personnel - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, in an effort to achieve consistency, the Director of Human Resources
recommends amendments to the Fringe Benefits for Managerial Personnel that align
with recently negotiated labor contracts; and
WHEREAS, the proposed changes to the sick leave buyout methodology and the
elimination of the Day Care Cash Subsidy will not affect currently employed City
employees, but the enhancement for Parenting Leave will impact all employees eligible;
now, therefore be it
RESOLVED, That the Common Council approves the amendments included herewith,
effective immediately.
Carried Unanimously
8.2 Human Resources Department - Amendment to Fringe Benefits for
Confidential Employees - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the fringe benefits for confidential employees are, by resolution of Common
Council, indexed to those provided by the CSEA Administrative Unit contract; and
WHEREAS, the provisions governing the disposition of sick leave upon retirement incur
a tax liability for the retiree, even when there is no cash payment for sick leave; and
WHEREAS, the confidential employees wish to eliminate the tax liability by waiving the
option of cash payment of sick leave; now, therefore be it
RESOLVED, That the following provision shall govern the disposition of sick leave upon
retirement for confidential employees:
1. Employees whose employment with the City commenced prior to January 1,
2017: Upon an employee’s retirement, unused sick leave shall be applied
toward the payment of extended health and dental insurance coverage.
Extended health and dental insurance coverage shall be provided at the rate
of one (1) month of insurance for each twelve (12) hours of accumulated sick
leave, or at the established retiree premium, at the discretion of the employee.
Once the employee’s sick leave is exhausted, the City will no longer extend
health insurance coverage to retirees and dependents except by direct, full
payment to the City by the retiree or dependent at the appropriate group rate
as determined by the City.
2. Employees whose employment with the City commenced on or after January
1, 2017: Upon an employee’s retirement, the value of the unused sick leave,
as valued at an employee’s standard rate of pay as of their date of retirement,
shall be used to establish a retirement fund account to pay for health insurance
for the retiree and eligible dependents as elected by the retiree. Each month
that such health insurance is provided by the City, the value of the retiree or
dependent rate established by the Common Council shall be deducted from the
retiree’s retirement fund account. The City will provide an annual statement of
retirement fund account dollar balance to all retirees to whom this paragraph
applies. Once the account is exhausted, the City will no longer extend health
insurance coverage to retirees and dependents except by direct, full payment
to the City by the retiree or dependent at the appropriate group rate as
determined by the City.
; and, be it further
RESOLVED, That all other fringe benefits provided by the CSEA Administrative Unit
contract shall continue to apply to confidential employees.
June 7, 2017
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Carried Unanimously
8.3 City Chamberlain – Request to Waive Penalty on Taxes - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the property owner at 216 Floral Avenue (Tax Map #74.-3-3) stated that he
sent to the City of Ithaca Chamberlain’s Office on January 26, 2017, a check in the
amount of $1,797.62 for payment of the City and County taxes on the property; and
WHEREAS, the City Chamberlain’s Office never received the check; and
WHEREAS, upon receiving the notice of unpaid taxes from the City Chamberlain’s
Office in March 2017, the owner sent a second check to the City of Ithaca
Chamberlain’s Office in the amount of $1,871.48, which included late penalties and
notice fees, due at that time; and
WHEREAS, the second check that included March 2017 penalties and fees, has been
received and posted as paid by the City Chamberlain’s Office; and
WHEREAS, the owner has requested that the penalties and fees be refunded, and has
provided the necessary documentation to prove that a check was issued to the City of
Ithaca in January 2017, when tax payments were due; and
WHEREAS, in order to provide the requested refund of the penalties and fees to the
property owner requires Common Council approval; now, therefore be it
RESOLVED, That Common Council approves the property owner’s request to have the
penalties and late fees associated with the late payment of the first installment of the
2017 City of Ithaca and Tompkins County taxes for the property located at 216 Floral
Avenue refunded to them.
Carried Unanimously
8.4 Youth Bureau – Request to Amend 2017 Budget - First-Time Work Program
- Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, The City of Ithaca Youth Bureau Youth Employment Service program plans
to provide employment assistance and summer jobs to teens during the 2017 summer
season; and
WHEREAS, The Youth Bureau has been awarded $67,000, by the Joint Youth
Commission (JYC) and the Town of Ithaca for the JYC First-Time Work Program; and
WHEREAS, the Youth Bureau Summer Youth Employment Services is excited to
expand their program to serve more teens; and
WHEREAS, The Youth Bureau requests amendments to the 2017 budget in order to
meet the contractual obligations of the funding awarded and in order to serve more
youth in the community; now, therefore be it
RESOLVED, That the Youth Bureau 2017 budget be amended as follows:
Increase Revenue:
A7310-2350-1202 Youth Employment Service $66,000
A7310-2350-1400 Administration $1,000
$67,000
Increase Expenses:
A7310-5120-1202 Part time/Seasonal $54,627
A7310-5425-1202 Office Supplies $1,446
A7310-5445-1202 Travel & Mileage $1,262
A7310-5460-1202 Program Supplies $1,470
A7310-5425-1400 Office Supply $1,000
June 7, 2017
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A7310-9030-1202 FICA/Medicare $4,179
A7310-9040-1202 Workers Comp $3,016
$67,000
Carried Unanimously
8.5 Youth Bureau – Request to Amend 2107 Budget – Grant for Ithaca Bike
Rental
- Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, The City of Ithaca Youth Bureau is requesting permission to amend the
2017 budget to reflect grants that have been awarded for 2017; and
WHEREAS, The Ithaca Bike Rental received a Tompkins County Tourism Grant in the
amount of $7,000; and
WHEREAS, The City of Ithaca Youth Bureau was awarded an additional $10,147 from
the Tompkins County Youth Services to run the new Outings Program called “Path
Finders”; and
WHEREAS, Recreation Support Services Adult programs received a $7,855 grant to
extend programming to adults who are living at home, designated as “Family Support
Participants”; now, therefore be it
RESOLVED, That the City of Ithaca Youth Bureau 2017 budget be adjusted and
amended as follows:
Increase Expenses:
A7310-5120-01602 Part-time Seasonal $6,783
A7310-5460-01221 Program Supplies $3,000
A7310-5425-01221 Office Supplies $165
A7310-5120-01221 Part-time Seasonal $6,029
A7310-5460-01203 Program Supplies $7,000
A7310-9030 FICA/Medicare $981
A7310-9040 Workers Comp $1,044
$25,002
Increase Revenues:
A7310-3820-1600 NYS OPWDD $4,310
A7310-3820-1602 NYS OPWDD $3,545
A7310-2350-01221 Other Municipalities $10,147
A7310-2070-01203 Donations $7,000
$25,002
Carried Unanimously
8.6 Youth Bureau – Request to Amend 2017 Budget – Youth Employment
Service (YES) Program - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, The City of Ithaca Youth Bureau Youth Employment Service program plans
to provide employment assistance and summer jobs to teens during the 2017 summer
season; and
WHEREAS, the Youth Bureau will receive $172,840.55 from the Tompkins County
Workforce Investment Board to fund summer youth employment; and
WHEREAS, the Youth Bureau Summer Youth Employment Services is excited to
expand their program to serve more teens; and
WHEREAS, The Youth Bureau requests amendments to the 2017 budget in order to
meet the contractual obligations of the funding awarded; now, therefore be it
RESOLVED, That the Youth Bureau 2017 budget be amended as follows:
June 7, 2017
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Increase Revenues:
A7310-4820-1200 Youth Development Administration $3,000.00
A7310-4820-1202 Youth Employment Service $165,426.55
A7310-4820-1400 Administration $4,414.00
$172,840.55
Increase Expenses:
A7310-5440-1200 Staff Development $2,000.00
A7310-5460-1200 Program Supplies $1,000.00
A7310-5120-1202 Part time/Seasonal $139,147.65
A7310-5425-1202 Office Supplies $2,531.35
A7310-5445-1202 Travel & Mileage $1,000.00
A7310-5460-1202 Program Supplies $4,400.00
A7310-5437-1400 Merchant Service $1,200.00
A7310-5425-1400 Office Supplies $1,314.00
A7310-5440-1400 Staff Development $1,100.00
A7310-5460-1400 Program Supplies $800.00
A7310-9030 FICA/Medicate $10,645.00
A7310-9040 Workers Comp $7,702.55
$172,840.55
Carried Unanimously
8.7 Department of Public Works - Brindley Street Bridge Replacement Project
Right-of-Way Acquisition - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, a project for the Brindley Street Bridge Replacement over Cayuga Inlet,
P.I.N. 375611 (the “Project”) is eligible for funding under Title 23 U.S. Code, as
amended, that calls for the apportionment of the costs for such program to be borne at
the ratio of 80% Federal funds and 20% non-Federal funds; and
WHEREAS, the project involves the construction of new roadway and bridge on a
relocated horizontal alignment that will connect Taber Street with the West State/Martin
Luther King, Jr. Street/Taughnnock Boulevard intersection; and
WHEREAS, as part of the approved 2011 budget, the City of Ithaca established Capital
Project #764 in the amount of $205,000 to cover scoping and development phases of
the “Project”; and
WHEREAS, as part of the approved 2015 budget, Common Council authorized an
additional $303,000 for the “Project”; and
WHEREAS, as part of the approved 2017 budget, Common Council authorized an
additional $134,000 for the “Project”; and
WHEREAS, the City of Ithaca desires to advance the “Project” by making a commitment
of 100% of the non-Federal share of Right-of-Way Acquisition phase of the “Project”;
and
WHEREAS, On May 2, 2017, $16,650 of Federal funding was made available by New
York State Department of Transportation for the Right-of-Way Acquisition phase of the
“Project”; and
WHEREAS, The right-of-way cost of $16,650 will be derived from existing funds from
Capital Project #764; now, therefore be it
RESOLVED, That the City of Ithaca Common Council, duly convened, hereby
authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-
federal share of the cost for the Right-of-Way Acquisition phase of the “Project”; and, be
it
RESOLVED, That Common Council hereby agrees that the City of Ithaca shall be
responsible for all costs of the Right-of-Way Acquisition which exceed the amount of the
Federal funding; and, be it further
June 7, 2017
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RESOLVED, That this “Project” be undertaken with the understanding that the final cost
of the Right-of-Way Acquisition to the City of Ithaca will be 20% of project costs, up to a
total project cost of $3,330; and, be it further
RESOLVED, That the funds needed for said amendment shall be derived from Capital
Project #764 and that the final cost to the City will be $3,330; and, be it further
RESOLVED, That in the event that the full federal and non-federal share cost of the
“Project” exceeds the amount appropriated above, the City of Ithaca shall convene as
soon as possible to appropriate said excess amount immediately upon the notification
by the New York State Department of Transportation thereof; and, be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to
execute all necessary agreements and the Superintendent of Public Works is hereby
authorized to execute all necessary certifications or reimbursement requests for Federal
Aid and/or State-Aid on behalf of the City of Ithaca with the New York State Department
of Transportation in connection with the advancement or approval of the “Project” and
providing for the administration of the “Project” and the municipality’s first instance
funding of “Project” costs and permanent funding of the local share of federal-aid and
state-aid eligible “Project” costs and all “Project” costs within appropriations therefore
that are not so eligible; and, be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the “Project”; and, be it further
RESOLVED, That this Resolution shall take effect immediately.
Carried Unanimously
8.8 Department of Public Works - Amendment to 2017 Personnel Roster -
Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the Department of Public Works needs to increase its capabilities to
maintain electrical services, due to aging buildings, code changes, and the anticipated
ownership and maintenance of all streetlights in the city; and
WHEREAS, the increased responsibilities within the City will require the use of licensed
electricians; and
WHEREAS, the current position of Electrical Technician does not require a license, nor
is it intended to perform more advanced electrical work, and the proposed position of
Electrician does require a license and the ability to perform advanced electrical work;
now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Public Works be
amended as follows:
Add: One (1) Electrician
Delete: One (1) Electrical Technician
; and, be it further
RESOLVED, That the position of Electrician shall be assigned to the CSEA
Administrative Unit at salary grade 14; and, be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the New
York State and Local Employees’ Retirement System, the standard workday for the
Electrician position shall be established at eight (8) hours per day, forty (40) hours per
week; and, be it further
June 7, 2017
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RESOLVED, That the funding for this change shall be derived from existing funds within
the Department of Public Works budget.
Carried Unanimously
8.9 Department of Public Works - Water and Sewer Division - Proposed
Amendment to 2017 Personnel Roster Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the Water & Sewer Division of the City of Ithaca Department of Public
Works (DPW) has need for a Wastewater Collection Systems Supervisor; and
WHEREAS, Common Council, by resolution on February 19, 2014, temporarily
downgraded a Wastewater Collection Systems Supervisor position to a Working
Supervisor position, leaving the Wastewater Collection Systems Supervisor position
vacant and unfunded and funding a vacant and unfunded fifth Working Supervisor
position. This was done at the request of the Water & Sewer Division of the DPW based
both on the needs and budget constraints at the time; and
WHEREAS, the Wastewater Collection Systems Supervisor position was budgeted for
in the City of Ithaca DPW Final Budget Submission for 2017 with the difference of the
salary for the Wastewater Collection Systems Supervisor and a senior Working
Supervisor being added to the 2017 Adopted Program Budget with the understanding
that when the Wastewater Collection Systems Supervisor position was filled the
Working Supervisor position would revert to being vacant and unfunded on the
authorized personnel roster; and
WHEREAS, the department currently has a Wastewater Collection Systems Supervisor
position unfunded on its authorized personnel roster and the fifth Working Supervisor
position funded on its roster; now, therefore be it
RESOLVED, That the fifth Working Supervisor position be defunded and remain on the
department’s roster as vacant and unfunded, and the Wastewater Collection Systems
Supervisor position be funded and filled as soon as practicable.
Carried Unanimously
8.10 Department of Public Information and Technology – Re-Allocation of
Information Management Specialist Position - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, an Information Management Specialist requested a review of her position
in consideration of a re-allocation; and
WHEREAS, the review by the Human Resources Department determined that a
permanent and material growth in the position’s responsibilities has occurred since the
position was last evaluated in 2007; and
WHEREAS, the Human Resources Department reviewed the point factor evaluation of
the Information Management Specialist position and determined that the growth in
responsibilities merits an increased point factor rating, which results in the re-allocation
of the position to a higher salary grade; now, therefore be it
RESOLVED, That the position of Information Management Specialist be re-allocated
from Grade 5 to Grade 6 of the Confidential Employees Compensation Plan effective
February 22, 2017; and, be it further
RESOLVED, That the funding to cover the resulting salary increase shall be derived
from within the approved 2017 departmental budget.
Carried Unanimously
June 7, 2017
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PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Adoption of City of Ithaca Action Plan for Allocation of the 2017 Housing
and Urban Development (HUD) Entitlement Program Award - Resolution
By Alderperson Murtagh: Seconded by Alderperson Gearhart
WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of
funds to address community development needs through the U.S. Department of
Housing & Urban Development (HUD) Entitlement program from the Community
Development Block Grant (CDBG) and the Home Investment Partnerships (HOME)
funding sources; and
WHERAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to
administer, implement and monitor the City’s HUD Entitlement program in compliance
with all applicable regulations; and
WHEREAS, on an annual basis an Action Plan must be submitted to HUD to access
HUD Entitlement program funding allocated to the City; and
WHEREAS, the 2017 Action Plan identifies a specific list of budgeted community
development activities to be funded from the 2017 HUD Entitlement program allocation
and associated funds administered by the IURA; and
WHEREAS, funding available to be allocated through the 2017 Action Plan funding
process is anticipated to include the following:
$661,371.00 CDBG 2017 allocation
$160,000.00 CDBG 2017 projected program income
$328,050.00 HOME 2017 allocation
$ 1,149,421.00 Total
; and
WHEREAS, the IURA utilized an open and competitive project selection process for
development of the 2017 Action Plan in accordance with the City of Ithaca Citizen
Participation Plan; and
WHEREAS, at their April 13, 2017 meeting, the IURA adopted a draft 2017 Action Plan;
now, therefore be it
RESOLVED, That the Common Council for the City of Ithaca hereby adopts the
attached draft Action Plan, dated April 25, 2017, for allocation of the City’s 2017 HUD
Entitlement Program award along with additional funds listed above totaling $1,149,421;
and, be it further
RESOLVED, That should the actual award of CDBG funds be different from the
anticipated amount, the funding amount for the Economic Development Loan activity
shall be modified; and, be it further
RESOLVED, That should the actual award of HOME funds be different from the
anticipated amount, funding for HOME-assisted projects shall be modified on a pro rata
basis; and, be it further
RESOLVED, That the City of Ithaca Urban Renewal Plan shall be amended to include
activities included in the adopted 2017 Action Plan.
Alderperson Murtagh noted that there was a slight change to Action Plan. The jobs for
the Childcare Center were reduced from 8 to 5 as they did not receive an anticipated
grant; however, they are still eligible for funding.
Carried Unanimously
June 7, 2017
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9.2 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 276
entitled “Site Plan Review”, Section 276-7 B. entitled “Project Review Criteria”
related to Criteria for Tree Preservation, Plant Selection and Planting, Site
Construction, Plant Materials and Maintenance
By Alderperson Murtagh: Seconded by Alderperson Brock
ORDINANCE 2017-
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 276, entitled “Site Plan Review” of the City of Ithaca Municipal Code is
hereby amended as follows:
Section 1:
Section 276-B. entitled “Criteria for Tree Preservation, Plant Selection and Planting, Site
Construction, Plant Materials and Maintenance” is to be deleted and replaced in its
entirety with the following language:
B. CRITERIA FOR TREE PRESERVATION, PLANT SELECTION AND
PLANTING SITE CONSTRUCTION, PLANT MATERIALS AND
MAINTENANCE.
All projects shall provide for adequate types and arrangements of landscaping,
both to enhance the site and to complement the architectural components of the
development and to screen or buffer adjacent uses in public ways. Additional
information and guidelines are available in the City’s forestry master plan,
Ithaca's Trees: Master Plan, Inventory & Arboriculture Guidelines for the Public
Trees in the City of Ithaca New York (available at:
http://www.cityofithaca.org/DocumentCenter/View/379 . Appendix II of Ithaca’s
Trees provides standard construction details relating to the best practices for tree
planting in the City. Where feasible and applicable, these details should be
incorporated into site designs:
“Minimum Spacing for Street Trees”
“Typical Tree Planting in Ordinary Soil”
“Typical Tree and Shrub Planting in Continuous Bed”
“Typical Tree Lawn Planting Detail”
“Structural Soil Break-out Zone from Narrow Tree Lawn
to Adjacent Property”
“Typical Tree Planting Pit with Structural Soil along
Sidewalk”
“Typical Tree Planting Island in a Parking Lot with
Structural Soil”
“Tree Protection Fencing Detail”
1. PRESERVATION OF EXISTING TREES.
a. Where possible and reasonable, any trees greater than eight
inches in diameter at breast height of desirable species and in
good health and sound structure, in consultation with the City
Forester, should be retained on the site and protected during
development per the requirements of ANSI A300, Trees and
Shrubs Of Construction Management Standard Part 5 and the
Best Management Practices Managing Trees During
Construction, published by the International Society of
Arboriculture. See also Ithaca’s Trees Appendix II: Standard
Tree Planting Details “Tree Protection fencing detail”.
b. The City Forester shall review a pre-construction tree inventory
if required. The Forester may require the developer to survey
some trees that lie outside of the property, as neighboring trees
can be negatively impacted by construction. The
preconstruction tree survey shall include trees on the private
property as well as street trees adjacent to the property and
shall note the location of the trees, their species, DBH (diameter
at 4.5’ above grade), and the critical root zone area (CRZ). The
June 7, 2017
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CRZ shall be noted as a radius of 1’ for each diameter inch for
trunk at DBH. All trees over 8” in diameter shall be inventoried.
c. The developer shall provide Site Plan Review with a tree
preservation plan including tree protection detail, during
construction care (ie mulching, watering), post construction
monitoring and care using the specifications outlined in the
ANSI A300 Construction Management Standard Part 5 and the
Best Management Practices Managing Trees During
Construction, published by the International Society of
Arboriculture. The tree preservation plan shall show the location
of utility work and the construction work zone where it may
conflict with CRZ of preserved trees and identify trees that need
preconstruction pruning to allow access for equipment and
building construction. Tree protection fences shall be made of
either chain link or wood fence barriers. No plastic fencing will
be allowed. Signage on the fence labeling it as a tree protection
measure is required.
d. For all city-owned trees, the City Forester will review the plan
and make comments on the proposed protection plan, and
submit those comments to Site Plan Review. For trees in the
city right of way, the City Forester will approve the tree
protection plan and issue a tree work permit prior to the
issuance of a building permit. The City Forester may also visit
the site during construction to ascertain that the tree protection
plan is being implemented for both trees in the city right of way
and trees on private property.
2. PLANTING SITE SELECTION
a. For the planting of trees in the city right of way, the City Forester
shall be consulted regarding specifications governing tree
species selection, size, spacing and method and location of
planting. A tree work permit will be required for this work.
b. As a guideline, street trees should:
not be planted within 20 feet from the corner of intersecting
streets
not be planted within 35 feet in front of a stop sign
not be planted within 15 feet from hydrants
not be planted within 15 feet from a utility or street light pole
not be planted within 15 feet of a driveway or curb cut
Large or medium trees which mature at 30 feet or taller shall
be spaced no less than 30 feet apart, unless part of a dense
screening planting Small trees which mature at 30 feet tall or
less shall be spaced no less than 25 feet apart, unless part
of a dense screening planting,
See also Ithaca’s Trees “Site Selection for Tree Planting” and
Appendix II: Standard Tree Planting Details “Minimum Spacing for
Street Trees”
c. For planting of trees or shrub in the city right of way or on
private property, no tree or shrub is to be planted directly under
or in competition with an existing large tree, or beneath building
overhangs.
3. PLANTING SITE CONSTRUCTION AND PREPARATION
a. Where it is practical to have a tree lawn in the city right of way,
tree lawns must be no less than 6 feet wide, but preferably
should be 8 to 12 feet wide
b. Tree pits created in the city right of way, which are surrounded
by pavement, shall have a minimum porous opening of at least
48 square feet (e.g. 6 feet by 8 feet, or 8 feet by 8 feet).
c. For all tree plantings, adequate soil volumes will be required
based on the tree species selected. Large or medium trees
which mature at 30 feet or taller shall have a minimum of 760
June 7, 2017
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cubic feet of soil per tree. Small trees that mature at 30 feet tall
or less shall have a minimum of 335 cubic feet of soil per tree.
The opportunity for tree roots to grow into adjacent green space
can be used to help satisfy the soil volume requirement. See
also Ithaca’s Trees Appendix II: Standard tree planting details
“Structural soil breakout zone from narrow tree lawn to adjacent
property”
d. For planting of trees or shrubs in the city right of way where
existing soil is determined to be unsuitable by the City Forester,
suitable soil must be brought to the site. This imported soil must
adhere to Ithaca’s Trees Appendix I: Specifications “Planting
Soils Specification”. This may require replacing continuous
lengths of tree lawn, where areas have had utility installations
and/or compaction from construction vehicles or material
storage.
e. For planting of trees or shrub in the city right of way where new
tree lawn, tree pits or new planting areas are constructed, where
previously none existed and there is removal of pavement to
create the planting area, the area will be excavated to a depth of
2 feet and replaced with suitable soil (Ithaca’s Trees Appendix I:
Specifications “Planting Soils Specification”). The width and
length of the soil remediation will be adequate to reach the
recommended soil volumes based on the tree species selected
(see above 3. PLANTING SITE CONSTRUCTION AND
PREPARATION (c)). This may require complete replacement of
tree lawn soil.
f. Depending on site design and soil conditions, structural soil may
be required under sidewalks and in planting areas contiguous to
paved areas. The City Forester and/or the Director shall work
with the applicant to determine the need for structural soil, its
depth and extent of its use. See also Ithaca’s Trees Appendix II:
“Structural Soil Break-out Zone from Narrow Tree Lawn to
Adjacent Property”, “Typical Tree Planting Pit with Structural
Soil along Sidewalk”, and “Typical Tree Planting Island in a
Parking Lot with Structural Soil”
g. For planting of trees or shrub in the city right of way or on
private property, all plants shall be planted in the appropriate
season, generally spring or fall, as decided by the City Forester.
4. TREE AND SHRUB SPECIES SELECTION AND QUALITY
a. The City Forester and the Shade Tree Advisory Committee will be given
the opportunity to review and make comments on all plant selections and
planting soil specifications. Use of invasive species should be avoided.
Species selection should consider available soil volume, overhead
clearance and specific site conditions. For further guidance see also
Ithaca’s Trees “Tree Selection”
b. For the planting of trees in the city right of way, large trees maturing at a
height greater than 30 feet should be planted in all sites unless there are
primary electric lines overhead or other structural conflicts. Where a
conflict exists, trees maturing at a height of 30 feet or less should be
planted.
c. For the planting of trees in the city right of way, adequate soil volume must
he provided based on the tree species selected (also see 3. PLANTING
SITE CONSTRUCTION AND PREPARATION c. )
d. For the planting of trees in the city right of way, when possible, small trees
should have a mature shape and stature so that pedestrians may
eventually walk under them.
e. For all tree and shrub plantings, specifications shall adhere to the
American Nursery and Landscape Association ANSI Z60.1 nursery
standards. See also Ithaca’s Trees Appendix I: Specifications “Nursery
Stock Quality Guideline Specifications for Deciduous Street Trees”.
June 7, 2017
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f. For all tree plantings, deciduous trees should be at least 1 1/2 inches
caliper (diameter at 12 inch above grade) at the time of planting. Size of
evergreen trees and shrubs may vary depending on location and species.
5. PLANTING
a. See also Ithaca’s Trees “Tree Planting”
b. All plant materials shall be installed to the following standards:
All planting beds for shrubs shall to be excavated to a
minimum depth of two feet.
Tree pits in lawn to be excavated to depth of the tree root
ball and shall be three times the width of the root ball in
all directions
All trees in lawn areas to receive a 3-inch deep covering
of mulch, covering at least the extent of the root ball.
Mulch must remain clear of the trunk of the tree. See also
Ithaca’s Trees Appendix II: Standard tree planting details
“Typical Tree Planting in Ordinary Soil”
B&B trees must have metal cages of the root ball
removed prior to planting and the biodegradable burlap
covering the root ball should be pulled down and
removed on at least the top 1/3 of the root ball. The
remainder can remain. If non-biodegradable covering
material is used it must be completely removed from the
root ball.
At time of planting the topmost structural root of the root
ball should be no more than a few inches below the
finished grade, excess soil should be removed from the
top of the root ball so the trunk flare is clearly visible.
Guying is not generally required for newly planted trees.
Any trees that require guying will be done using nylon
straps (or similar) rather than wire in hose. Guying must
be removed after 1-2 years.
6. MAINTENANCE
a. All newly planted trees should have irrigation bags, which are to
be filled weekly during their first growing season.
b. A two-year guarantee for any tree or shrub is required.
Replacement of trees and shrubs that are dead dying or
seriously damaged is required for the first two years after project
completion.
c. The owner shall replace dead, dying and/or seriously damaged
plant materials of the approved site plan, within a reasonable
time period during the current (or immediate next) planting
season. Any other damaged or missing elements, including but
not limited to fences, bollards, signs, shrubs, street furniture,
etc., of the approved plan must be similarly replaced by the
owner. This will ensure that landscaping remains in compliance
with the final site plan as approved by the Planning and
Development Board.
7. CHANGES TO APPROVED SITE PLAN –
a. Notwithstanding any provision in this chapter or any other City ordinance or
regulation to the contrary, an approved site plan may not be modified without express
written approval of the Planning and Development Board except as approved by the
Director of Planning and Development or designee as specified herein above.
Section 2:
Section 276-C. entitled “Criteria for Automobile Parking Areas” is to be deleted and
replaced in its entirety with the following language:
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C. CRITERIA FOR AUTOMOBILE PARKING AREAS. All parking areas shall be
designed in conformance with § 325-20 of the City Ordinance. The Board may
make such additional reasonable stipulations as it deems appropriate to carry out
the intention of this chapter.
1. PARKING AREAS IN RESIDENTIAL ZONING
DISTRICTS
a. In order to protect the character of residential areas, plans for
parking areas with the capacity of three or more cars within
residential zoning districts must conform to either the setback
compliance method or, at the discretion of the Planning Board,
the landscaping compliance method described respectively in §
325-20E(5)(a) and (b). Such plans must also comply with all
other general and specific standards of § 325-20. Where
turnarounds, or other maneuvering spaces not required for
access to parking spaces, are provided that meet minimum size
for a parking space, they shall be counted as a parking space
for the purposes of this subsection.
2. SCREENING OF PARKING AREAS
a. There shall be screening with a minimum eight-foot-wide
planting area or fences between a motor vehicle parking area
and adjacent properties and public ways, except where there is
motor vehicle parking that is shared by more than one property
or where commercial properties abut. In such cases the Board
may require landscaping as it deems appropriate.
3. DIVISION OF LONG ROWS OF PARKING SPACES
a. For parking areas with more than 30 adjacent interior parking
spaces in a row, the design must incorporate planting areas so
that there are no more than 10 continuous parking spaces
between planting areas.
4. INTERNAL PLANTINGS
a. In motor vehicle parking areas, a minimum of 25% of the interior
ground area (i.e., excluding any peripheral planting area) shall
be planting areas that include trees with a potential mature
height of at least 50 feet and a caliper of at least 1½ inches at
the time of planting. Interior planting areas shall be a minimum
of 80 ft2 of porous opening with no dimensions being less than
8 ft. The planter shall be curbed with a minimum 3ft depth of
excavation and shall have a minimum available soil volume of
760 ft3 of sandy loam soil (which may include structural soil
under adjacent pavement) allotted to each tree. See also
Ithaca’s Trees Appendix I: Specifications “Soil Volume for Trees
Surrounded by Pavement”.
5. PERVIOUS PAVING
a. Applicants are encouraged to design parking areas with
pervious paving when feasible. Use of pervious paving in
combination with structural soil that is accessible to tree roots, a
practice that supports the health and longevity of tree plantings,
is encouraged. See also Ithaca’s Trees Appendix II: “Typical
Tree Planting Island in a Parking Lot with Structural Soil”.
b. If porous pavement is used in conjunction with tree planting,
less interior parking area may be set aside for open tree
planting islands.
Section 3. Severability. Severability is intended throughout and within the provisions of
this ordinance. 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 portion.
June 7, 2017
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Section 4. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
Alderperson Murtagh provided a summary of the legislation noting that it creates
guidelines and specifications to ensure that trees planted as part of projects, survive
and thrive.
Alderperson Brock acknowledged the work of City Forester Jeanne Grace and the
Shade Tree Advisory Committee in pulling all of this together and noted that it is already
being used as a model for other communities.
Alderpersons Martell, Kerslick, and Murtagh thanked the City Forester, Planning &
Development Director Cornish, and the Planning Department staff for the huge amount
of work that was completed on this topic even though it wasn’t part of a work plan and
was in addition to their regular responsibilities.
A vote on the Ordinance resulted as follows:
Carried Unanimously
9.3 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 210
entitled “Housing Standards” Part 1, entitled “Residential Premises”, Article VII
entitled “Residential Rental Units” related to “Certificate of Compliance” in Order
to Mandate Display of a Valid Certificate of Compliance and Inclusion of a
Statement in Leases Stating Whether the Rental Unit has a Valid Certificate of
Occupancy
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, the Common Council finds that there is a growing urgency to address the
lack of safe and affordable housing within the City of Ithaca; and
WHEREAS, the proposed changes to the Certificate of Compliance legislation would
tighten up the existing legislation by helping to empower tenants to know whether rental
units have a current Certificate of Compliance with the City of Ithaca; and
WHEREAS, it is the intention of these proposed changes to provide tenants, and the
City, with another tool to encourage more landlords to maintain valid Certificates of
Compliance for their rental units; now therefore
ORDINANCE 2017-
BE IT ORDAINED AND ENACTED by the Common Council as follows:
Section 1. Chapter 210. Housing Standards, Part 1. Residential Premises, Article VII.
Residential Rental Units, § 210-43. Certificate of Compliance, A. (1), (2), be amended as
follows: (Underlined text to be added.)
A. All single-family or two-family rental dwellings shall be required to hold a valid
certificate of compliance. Such certificate shall be valid for a period of not more than five
years. Before the expiration of the certificate of compliance, it shall be the responsibility
of the owner of the rental property to schedule a housing inspection with the Building
Department in order to obtain a new certificate of compliance. All rental dwellings with
three or more units or rental dwelling units with five or more unrelated persons shall also
be required to hold a valid certificate of compliance. This certificate of compliance shall
be valid for a period of not more than three years. Prior to the expiration of the certificate
of compliance, it shall be the responsibility of the owner of the rental property to schedule
a housing inspection with the Building Department in order to obtain a new certificate of
compliance. All dormitories, fraternities and sororities shall be required to hold a valid
certificate of compliance. Such certificate shall be valid for a period of not more than one
year. Before the expiration of the certificate of compliance, it shall be the responsibility of
the owner of the rental property to schedule a housing inspection with the Building
Department in order to obtain a new certificate of compliance.
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(1). The certificate of compliance shall be displayed in the main entryway of the
rental dwelling, and accessible for all tenants to see. If units do not have a central
entrance, the current certificate of compliance should be posted on the inside of a kitchen
cabinet in each unit.
(2). All rental dwelling leases must state whether the rental dwelling has a valid
certificate of compliance, its expiration date, and a current link to the certificate of
compliance database where the certificate of compliance can be verified, which can
currently be found at http://www.zhewiz.com/fmi/webd#CityOfIthacaBuildingList.
B. A certificate of compliance shall be issued upon verification by inspection that no
violations of the Building Code, Energy Code, City of Ithaca Municipal Code, City of Ithaca
Zoning Ordinance,[1] New York State Multiple Residence Law and any other applicable
codes and ordinances exist.
[1] Editor's Note: See Ch. 325, Zoning.
C. Certificates of compliance shall not be issued to:
(1) Any rental unit that is in violation of any applicable City or state code.
(2) Any rental unit located on a property for which there is an outstanding warrant
for a violation of any section of Chapter 178.
(3) Any rental unit which is not in compliance with all orders of the Director of
Planning and Development or designee.
[Amended 6-5-2013 by Ord. No. 2013-15[2]]
[2] Editor's Note: This ordinance provided for an effective date of 1-1-2014.
D. Failure of an owner of any rental unit to hold a valid certificate shall be deemed a
violation of the Housing Code, and such dwelling unit may be ordered by the Director of
Planning and Development or designee to be vacated until the property is brought into
compliance with this chapter.
[Amended 6-5-2013 by Ord. No. 2013-15[3]]
[3] Editor's Note: This ordinance provided for an effective date of 1-1-2014.
E. Verified over-occupancy will result in the immediate revocation of the certificate of
compliance.
Section 2. Severability. Severability is intended throughout and within the provisions of
this ordinance. 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 portion.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
Alderperson Murtagh thanked Alderperson Martell for being the driving force behind this
legislation. He explained that Inspectors have to be invited in to inspect properties but
this is another tool to encourage landlords to post certificates of compliance.
Alderperson Nguyen noted that he did not know there was a way to check for
certificates on the City’s website, stating that it is something that should be made more
visible.
A vote on the Ordinance resulted as follows:
Carried Unanimously
9.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325,
Entitled “Zoning,” To Establish the “323 Taughannock Boulevard Planned Unit
Development Zone”
By Alderperson Murtagh: Seconded by Alderperson Smith
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
June 7, 2017
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WHEREAS, on January 16, 2017, Rampart Real, LLC submitted a completed TMPUD
application; and
WHEREAS, the applicant is proposing construction of 16 apartments on Inlet Island, on
a 0.242 acre lot. The design is for 8 two story dwelling units each occupying the top two
floors of the building. On the bottom floor there is a studio or professional office space
for a maximum total of 16 units with up to 24 bedrooms. The applicant is proposing
zoning for the site that is virtually identical to the City’s adopted WF-2 zoning ordinance,
the main difference being that the 1st floor studio or office spaces will have 10’ high first
floors as opposed to 12. However the finished grade will be raised 2 feet to raise the
building above the flood plain. The project includes an 8 space parking area that is
accessed through the adjacent City-owned parking lot. The project includes some
improvements to the city-owned parking lot including a partial re-design that will create
a net gain of 4 spaces and which will require approval by the Board of Public Works. The
project does not change the dimensions of the walkway along the Old Cayuga Inlet, and
improves the existing landscaping and lighting. The project may require a permit from
the NYS Department of Environmental Conservation (DEC) and the NYS Canal
Corporation. The project includes some improvements to the city-owned parking lot
which may require approval by the Board of Public Works; 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 as required by §239-l–m of the New York State
General Municipal Law, which requires all actions within 500 feet of a county or state
facility, including county and state highways, be reviewed by the County Planning
Department; and
WHEREAS, a public information session, hosted by the applicant, was held on February
27, 2017, and again on March 30, 2017, (after the first 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 is 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; 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, 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, on April5, 2017, Common Council granted an approval in concept,
acknowledging that the applicant was able to begin the site plan review process; and
WHEREAS, in accordance with the TMPUD Ordinance, once a project receives a
negative declaration of environmental significance and final site plan approval, the
applicant will return to the Common Council for final consideration of the adoption of the
Planned Unit Development district; and
WHEREAS, the City of Ithaca Planning and Development Board being the local agency
which has primary responsibility for approving and funding or carrying out the action did,
on April 25, 2017, declare itself Lead Agency for the environmental review of the project;
and
WHEREAS, legal notice was published and property posted, and adjacent property
owners notified in accordance with Chapter 290-9 C. (1), (2), & (3) of the City of Ithaca
Code; and
WHEREAS: the Planning and Development Board held the required Public Hearing on
May 23, 2017; and
June 7, 2017
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WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did
on May 23, 2017, review and accept as adequate: a Full Environmental Assessment
Form (FEAF), Part 1, submitted by the applicant, and Parts 2 & 3 prepared by Planning
staff; drawings titled “Boundary & Topographic Map No. 323 Old Taughannock
Boulevard, City of Ithaca, Tompkins County, New York” dated 3-4-14 and prepared by
TG Miller PC, and “Site Demo Plan (L100)”, “Site Layout Plan (L101)”, “Grading Plan
(L102)”, “Planting Plan (L103)”, “Details (L501)”, “West and South Elevations (A201)’,
“North and East Elevations (A202)” and “Perspectives (A901)” dated 5-1-17 and
prepared by Stream Collaborative, and “Structural Foundation Plan (S101)” dated 1-10-
17 and prepared by Taitem, and other application materials; and
WHEREAS: this Board, has on May 23, 2017, reviewed and accepted as adequate: the
following revised drawings intended to address the Design Review Committee’s
comments: and untitled updated perspective drawing showing the addition of a second
rooftop lantern on the northernmost building dated 5-17-17, and “Context and Inspiration”
and “Exterior Features (3 sheets)”, all hand-dated 5-17-17 and all prepared by Stream
Collaborative; and
WHEREAS: the City of Ithaca Conservation Advisory Council, Tompkins County
Planning Department, and other interested parties have been given the opportunity to
comment on the proposed project and any received comments have been considered;
and
WHEREAS: that the City of Ithaca Planning and Development Board did, on May 23,
2017, determine that the proposed project would result in no significant impact on the
environment; and
WHEREAS, according to the City’s 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
ORDINANCE 2017-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Zoning, be amended as follows:
Section 1. Chapter 325 (“Zoning”), Section 325-13(“Reserved”) of the Municipal Code of
the City of Ithaca is hereby amended in order to establish the 323 Taughannock
Boulevard Planned Unit Development Zoning District. Section 325-13(B), shall read as
follows:
325-13. Planned Unit Development Zoning Districts
(B) 323 Taughannock Boulevard
1. Boundaries of Zoning District
a) The 323 Taughannock Boulevard Zoning District is hereby
established to consist of a tract or parcel of land, situate in the City
of Ithaca, County of Tompkins and State of New York, with a
physical address of 323 Taughannock Boulevard, bounded and
described as follows: Beginning at a point in the easterly street line
of NYS route 89 which point is 0.3 feet westerly of a large diameter
steel post and which point is a tie measurement of 409.7 feet plus
or minus northerly from the intersection of the north line of West
Buffalo Street with the easterly street line of NYS Route 89; Thence
North 06 degrees 27 minutes 00 seconds East along the easterly
street line of NYS Route 89 a distance of 66.36 feet to a calculated
point; Thence North 03 degrees 25 minutes 00 seconds East along
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the easterly street line of NYS Route 89 a distance of 66 feet to
calculated point; Thence North 00 degrees 57 minutes 00 seconds
East along the easterly street line of NYS Route 89 a distance of
16 feet to a calculated point marking the southwest corner of a
parcel of land owned by the City of Ithaca; Thence South 88
degrees 03 minutes 00 seconds East along the said lands of the
City of Ithaca a distance of 59.46 feet to a point marked by an iron
pipe; Thence South 01 degrees 06 minutes 00 seconds West a
distance of 82 feet to calculated point; Thence South 88 degrees
03 minutes 00 seconds East a distance of 19.74 feet to a calculated
point; Thence South 02 degrees 06 minutes 21 seconds West a
distance of 65.84 feet to a point marked by an iron pin; Thence
North 88 degrees 15 minutes 00 seconds West a distance of 86.85
feet to the point and place of beginning containing 10,529 sq. ft.
2. District Regulations
a) Permitted Primary Uses
1) Residential multi-family rental apartment, condominium or
cooperative.
2) Cultural facility, such as an art gallery or museum.
3) Business or professional office.
4) Retail store or service commercial facility.
5) Medical or dental office.
b) Permitted Accessory Uses-Parking
c) Off Street Parking Requirement-None
d) Off Street Loading Requirement –None
e) Minimum Lot Size-None
1) Area in Square Feet-None
2) Width in Feet at Street Line- 30’.
f) Maximum Building Height
1) Number of Stories-5
2) Height in Feet-63
g) Maximum Percent Lot Coverage by Buildings-100%,
h) Yard Dimensions
1) Front Yard Required Minimum-None
2) Side Yard Required Minimum-None
3) Other Side Yard Required Minimum-None
4) Rear Yard - Minimum setback from the Cayuga Inlet
(measured from the top of bank) is 10’
i) Minimum Building Height - 20’
Section 2:
Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca is hereby amended
to establish the boundaries of the 323 Taughannock Boulevard Planned Unit
Development Zoning District as seen on the attached map entitled 323 Taughannock
Boulevard Planned Unit Development Zoning District 5/5/17.
Section 3. The City Planning and Development Board, the City Clerk, and the Planning
and Economic Development Division shall amend the District Regulations Chart and Map
to add the 323 Taughannock Boulevard Planned Unit Development Zoning District, in
accordance with the amendments made by this ordinance.
Section 4. Severability. Severability is intended throughout and within the provisions of
this ordinance. 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 portion.
Section 5. Effective date. This ordinance shall take effect immediately and in accordance
with law upon publication of notices as provided in the Ithaca City Charter.
Alderperson McGonigal asked how the project would maintain public access to water.
Mr. Flash responded that access would be provided on the north side of the property
June 7, 2017
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using the 15 foot corridor of city owned property, and that the project would not affect the
existing walkway along the water on the south side of building.
A vote on the Ordinance resulted as follows:
Carried Unanimously
Alderperson Murtagh reported that the Planning and Economic Development Committee
will vote to circulate the Waterfront Zoning legislation at their next meeting and invited all
interested Council members to attend.
CITY ADMINISTRATION COMMITTEE:
10.1 Authorization to Enter into a Memorandum of Understanding with Friends
of Stewart Park - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca purchased Stewart Park from the Renwick Park and
Traffic Association on July 4, 1921, and the City has continuously owned and operated
Stewart Park since such purchase; and
WHEREAS, in recognition of Stewart Park’s centennial anniversary in 2021, Friends of
Stewart Park (hereinafter “FSP”) a non-profit organization with the mission of revitalizing
Stewart Park, requested a formal agreement with the City to govern the relationship with
the City and improvements to Stewart Park; and
WHEREAS, the City is in the process of studying and developing a master plan for all
City parks, and FSP is developing its Stewart Park Revitalization Plan, which
encompasses the organization’s goals for preserving and bringing new life to Stewart
Park; and
WHEREAS, FSP anticipates fundraising efforts to support completion of Revitalization
Plan projects on or before the Stewart Park centennial anniversary in 2021; and
WHEREAS, the City wishes to execute an agreement that recognizes a public/private
partnership between the City and FSP to govern these revitalization efforts and provide
structure as to how the City and FSP will work together in completion of projects in
Stewart Park; now, therefore be it
RESOLVED, That Common Council supports the City’s partnership with Friends of
Stewart Park; and, be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to
execute a memorandum of understanding with Friends of Stewart Park to memorialize
the roles and processes the parties will implement to accomplish the parties’ shared
Stewart Park revitalization goals and projects.
Carried Unanimously
Alderperson Martell extended her thanks to Rick Manning and Diana Riesman for all of
their hard work on this agreement.
10.2 Opposition to Proposed 2018 Federal Government Budget - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Fleming
WHEREAS, President Trump’s Budget Blueprint for 2018 proposes to move $54 billion
from human services and environmental program spending at home and abroad to
military spending; and
WHEREAS, the proposed cuts would eliminate or drastically reduce funding for
programs that provide critically important assistance to Ithaca’s low income residents,
including, but not limited to, "Meals On Wheels" for seniors, transit, and affordable
housing. The proposal also includes significant cuts to the EPA, the State Department,
education, and the arts.
June 7, 2017
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WHEREAS, diplomacy and strategic aid, rather than increased military spending, can
alleviate the refugee crisis by helping to end or prevent wars that create refugees1. A
United States that helps to provide clean drinking water, schools, medicine, and
renewable energy to other nations would be more secure and face far less hostility
around the world; and
WHEREAS, President Trump himself admits that the enormous military spending of the
past 16 years has been disastrous and made us less safe, not safer2; and
WHEREAS, U.S. military expenditures are roughly the size of the next seven largest
military budgets around the world, combined. For a fraction of the US military budget
the US could make tremendous improvements in education, housing, infrastructure, and
protection of natural spaces and still have an extraordinarily strong military.
WHEREAS, 121 retired U.S. generals have written a letter opposing cutting foreign aid3;
and
WHEREAS, our environmental and human needs are desperate and urgent; now,
therefore be it
RESOLVED, That the City of Ithaca urges U.S. Representative Thomas Reed, and U.S.
Senators Charles Schumer and Kirsten Gillibrand to move our tax dollars in exactly the
opposite direction proposed by the President, from expansion of the military to human
and environmental needs.
Alderperson Mohlenhoff explained that the Resolution was reworded slightly so it was
respectful to people currently serving in the military.
Alderperson Kerslick extended his thanks to everyone who worked on this Resolution.
He voiced his support for the legislation noting that the more local communities point out
how these federal actions impact local programs, the more we can affect change. He
stressed the importance of maintain pressure on these issues.
Alderperson Brock noted that the letter regarding the cuts to HOME funding is ready for
Council signatures.
Alderperson Nguyen stated that the massive tax cuts to programs have been disastrous
and have devastated local education.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.3 A Resolution Authorizing the Issuance of an Additional $1,178,000.00
Bonds Of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost
Of the Design and Replacement of the North Aurora Street Bridge Over
Cascadilla Creek Project in and for Said City
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the capital project hereinafter described has been determined to be a Type
II Action pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality
Review Act, the implementation of which as proposed, such regulations provide will not
result in any significant adverse effect; and
1 “43 Million People Kicked Out of Their Homes,” World Beyond War, http://worldbeyondwar.org/43-million-people-kicked-homes / “Europe’s
Refugee Crisis Was Made in America,” The Nation, https://www.thenation.com/article/europes-refugee-crisis-was-made-in-america
2 On February 27, 2017, Trump said, “Almost 17 years of fighting in the Middle East . . . $6 trillion we’ve spent in the Middle East . . . and we’re
nowhere, actually if you think about it we’re less than nowhere, the Middle East is far worse than it was 16, 17 years ago, there’s not even a
contest . . . we have a hornet’s nest . . . .”
http://www.realclearpolitics.com/video/2017/02/27/trump_we_spent_6_trillion_in_middle_east_and_we_are_less_than_nowhere_far_worse
_than_16_years_ago.html
3 Letter to Congressional leaders, February 27, 2017,
http://www.usglc.org/downloads/2017/02/FY18_International_Affairs_Budget_House_Senate.pdf
June 7, 2017
22
WHEREAS, it is now desired to authorize additional bonds for the financing thereof;
now, therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying part of the cost of the design
and construction of the replacement of the North Aurora Street Bridge over Cascadilla
Creek Project in and for the City of Ithaca, Tompkins County, New York, including
incidental improvements and expenses in connection therewith, there are hereby
authorized to be issued an additional $1,178,000 bonds pursuant to the provisions of
the Local Finance Law, which specific object or purpose is hereby authorized at a new
maximum estimated cost of $1,392,000.
Section 2. The plan for the financing of such $1,392,000 maximum estimated cost is
as follows:
a) By the issuance of the $214,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated January 6, 2016; and
b) By the issuance of the additional $1,178,000 bonds of said City herein
authorized; provided, however, that the amount of obligations ultimately to be issued will
be reduced by any State and/or Federal grants-in-aid to be received by said City for
said purpose.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of
paragraph a of Section 11.00 of the Local Finance Law, computed from February 19,
2016, the date of the first bond anticipation note issued therefor pursuant to the
aforesaid bond resolution dated January 6, 2016. Section 1(i) of said bond resolution is
hereby amended to increase the period of probable usefulness to that stated herein.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile
signature of the City Controller and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of the City
Clerk.
Section 6. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as the City Controller shall deem best for the interests of the City.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
June 7, 2017
23
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty days after the date of such
publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in
summary form in the Ithaca Journal, the official newspaper, together with a notice of the
City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
A roll call vote 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
Alderperson Mohlenhoff: Aye Alderperson Martell: Aye
Carried Unanimously
10.4 City Controller’s Report:
City Controller Thayer reported on the following:
• 2018 budget activity will be underway soon. Capital project requests are due
June 9, 2017. The Mayor’s guidelines to departments should be issued within
the next two weeks. The City continues to face challenges related to the
property tax cap, increasing health insurance premiums, pension costs, debt
service, and labor costs.
• 2017 Activity:
• Sales tax: $4.8 million has been collected to date; $13.7 million was budgeted.
Activity remains strong so far.
• Overtime: $464,000 has been spent to date; this line item is projected to exceed
budget projections due to open positions in the Police Department. Salary
savings will offset some of these expenses.
• Building permits: $286,000 collected has been collected to date; $842,000 was
budgeted.
• Parking: $1 million has been collected to date; $2.7 million was budgeted
• Fines: $381,000 has been collected to date; $1.02 million was budget
June 7, 2017
24
Alderperson Mohlenhoff asked what the best process would be to discuss the various
issues regarding the Commons. Mayor Myrick suggested that these issues be referred
to the Downtown Ithaca Alliance and the Commons Advisory Board for further
discussion.
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Brock – RESOLUTION AUTHORIZING (1) TO REQUEST
AMICUS CURIAE STATUS IN THE MATTER OF RIVERKEEPER, INC.; CORTLAND-
ONONDAGA FEDERATION OF KETTLE LAKE ASSOCIATIONS, INC.; SIERRA
CLUB; THEORDORE GORDON FLYFISHERS, INC.; and WATERKEEPER
ALLIANCE, INC., V. BASIL SEGGOS, in his capacity as Commissioner of the New
York State Department of Environmental Conservation, and NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION; and (2) ENTERING INTO A
RETAINER AGREEMENT FOR THIS PURPOSE WITH LEGAL COUNSEL
By Alderperson Brock: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca Common Council is concerned about the impacts on its
community of the recently adopted New York State Department of Environmental
Conservation (“DEC”) Clean Water Act General Permit (“General Permit”) for
Concentrated Animal Feeding Operations (“CAFOs”); and
WHEREAS, CAFO is the legal term for large animal factories, where at least hundreds
of animals – in New York, mostly dairy cows – are maintained in confined areas for at
least part of the year with food being brought in, and General Permits apply to
operations with 300 or more mature dairy cows and/or operations that discharge
pollutants into the waters of the State; and
WHEREAS, an average dairy cow produces over 120 pounds of manure per day, as
compared to an average household of four people which produces about one pound of
sewage waste per day, waste from just one of the smallest CAFOs covered by the
General Permit (with 200 cows) is comparable to the amount of sewage produced by a
city of 96,000 which is similar in size to the City of Albany (98,000 people in 2016); and
WHEREAS, human waste generated in cities is treated in wastewater treatment plants
that operate year-round, whereas dairy cow sewage is usually held in lagoons until it is
spread on fields which poses a significant risk to the environment, a risk that is
heightened by the fact that many lagoons are un-lined and, thus, can leach pollutants
into the groundwater; and
WHEREAS, if not properly managed, stored, and disposed of, waste generated by
CAFOs has the potential to cause significant harm to human health and the
environment, as improper management of waste from dairy CAFOs is associated with
the release of nitrogen, phosphorus, ammonia, and human pathogens, and such
releases can contaminate ground and surface water, impact drinking water supplies,
and cause algal blooms, fish kills and human illness; and
WHEREAS, the Federal Clean Water Act sets out requirements for dairies and other
industrial animal operations for managing animal waste, including: developing and
implementing nutrient management plans (“NMPs”), enforceable safeguards against
water pollution, review and approval by impartial state experts, and availability of NMPs
for public review and comment, and while the New York State DEC is responsible for
issuing a General Permit that complies with and implements the Federal Clean Water
Act, the General Permit does not satisfy these rules; and
WHEREAS, the City of Ithaca Common Council recognizes the importance of
appropriate stewardship over Cayuga Lake, its creeks, streams, waterfalls and
watershed, not only as a foundation of natural beauty, ecological diversity, and personal
well-being, but also as a source of clean drinking water and as an economic driver of
the community; and
WHEREAS, if the General Permit met the rules set forward by the Federal Clean Water
Act requiring disclosure of NMPs for public review and comment, the City of Ithaca is
likely to review NMPs to determine their impacts on the Six Mile Creek, Fall Creek, and
June 7, 2017
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Cayuga Lake Watersheds, impacts on municipal water sources and water treatment
systems, and impacts on environmental and water quality management plans, and the
City of Ithaca is likely to provide comments to the DEC as appropriate, and
WHEREAS, Earthjustice has filed a petition challenging the aforementioned General
Permit4; now therefore be it
RESOLVED, That the City of Ithaca will seek amicus curiae status in the matter of
Riverkeeper, Inc. et al. v. Basil Seggos and New York Department of Conservation,
Index No. 902103-175 and seek consent of the court to submit an amicus curiae brief;
and be it further
RESOLVED, That the Mayor of the City of Ithaca is hereby authorized to sign the
retainer letter with the Columbia Environmental Law Clinic for such legal representation
and services.
Alderperson Brock explained that there is no cost to participating in this brief, Council
would simply be adding their voice to how communities are impacted by CAFOs. This
action is about transparency and disclosure. Currently there are two CAFOs in Lansing,
one in Dryden, and most likely more throughout the County.
Alderperson McGonigal asked what an Amicus Curiae brief is. City Attorney Lavine
explained that it is a friend of the court brief in which the court is provided additional
facts by parties that are not part of the case.
Alderperson Brock noted that the Wastewater Treatment Plant has worked hard to
reduce the amount of phosphorous entering the lake but it is still increasing due to
agricultural and non-point point sources. Blue green algae blooms, which are toxic,
have been identified in surrounding lakes and have contaminated drinking water
sources.
A vote on the Resolution resulted as follows:
Carried Unanimously
MAYOR’S APPOINTMENTS:
14.1 Appointment to the Special Joint Committee – Resolution
By Alderperson Kerslick : Seconded by Alderperson Martell
RESOLVED, That Brian Davis be appointed to the Special Joint Committee to fill the
City of Ithaca vacancy until such time as he is no longer able to serve or is replaced by
the City of Ithaca.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Natural Areas Commission
Alderperson Martell reported that the Natural Areas Commission has voiced their
concerns regarding the loss of the Gorge Ranger program and will be sharing their
comments/recommendations.
Tompkins County Legislature
Alderperson Nguyen reported that the Tompkins County Legislature approved the use
of the old Tompkins County Trust Building as the new history center.
Southside Community Center:
Alderperson Smith reported that the Southside Community Center will be hosting the
Juneteenth celebrations from June 16 – 18, 2017. This year’s events will include a
4 http://earthjustice.org/news/press/2017/environmental-groups-fight-department-of-environmental-
conservation-s-toothless-industrial-animal-facility-0
5 RIVERKEEPER, INC.; CORTLAND-ONONDAGA FEDERATION OF KETTLE LAKE ASSOCIATIONS, INC.; SIERRA CLUB;
THEORDORE GORDON FLYFISHERS, INC.; and WATERKEEPER ALLIANCE, INC., V. BASIL SEGGOS, in his capacity as
Commissioner of the New York State Department of Environmental Conservation, and NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION http://www.courthousenews.com/wp-
content/uploads/2017/03/Cows.pdf
June 7, 2017
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Friday night block party, an outdoor movie screening on Saturday, and an honoring
Fathers event on Sunday in addition to other features.
Special Joint Committee:
Alderperson Brock reported that the development in the city and surrounding areas is
increasing the demand for wastewater treatment. The greater Ithaca area is served by
the Ithaca Area Wastewater Treatment Plant and Cayuga Heights Wastewater
Treatment Plant. The Cayuga Heights wastewater facility is headed toward maximum
capacity. Cayuga Heights is looking to the City to pick up any surplus and/or is
interested in a potential shared services initiative. The increased demand is occurring
now so the analysis and work on this issue needs to begin quickly.
The SJC board is also concerned about the proposed revisions to the waterfront zoning
and its potential impacts on the inter-municipally owned wastewater treatment
plant. With increasing growth in the area, it is essential to preserve the ability to expand
wastewater treatment facilities as needed. Due to the timing of the meetings, it is
difficult for the SJC to review and discuss zoning changes as the SJC meets on the
same day as the Planning and Economic Development Committee. The SJC will meet
next Wednesday to make recommendations to the Planning and Economic
Development Committee regarding the proposed zoning changes.
REPORT OF CITY ATTORNEY:
City Attorney Lavine reported that the Law enforcement shared services study is making
good progress. He stated that another round of public engagement regarding options
for potential proposals should occur within the next 1-2 months. The final report should
be completed late September.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the May 3, 2017 Common Council Meeting Minutes –
Resolution
By Alderperson Brock: Seconded by Alderperson Martell
RESOLVED, That the minutes of the May 3, 2017 Common Council meeting be
approved as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 8:15 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor