HomeMy WebLinkAboutMN-CC-2017-11-01COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. November 1, 2017
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming,
Smith, Kerslick, Mohlenhoff, Decatur
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Historic Preservation Planner - McCracken
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Rusty Keeler, Natural Playscapes, made a short presentation on the “Make Ithaca a Let
Grow Community” initiative. There will be two upcoming sessions:
Thursday, November 30 - 7:00 pm - 8:30 pm, Ithaca Youth Bureau.
Discussion on what it takes to make Ithaca a city where children and people of all ages
feel welcome, safe and happy as they make their way around town.
Friday, December 1- 11:30 am -1:30 pm - City Hall, Common Council Chambers
A lunchtime brainstorming meeting with international experts to focus on making Ithaca
a more playful, child-friendly city. A variety of ideas from parks to sidewalks, play
streets, “child-life corridors”, trained play workers in neighborhoods, listening to children
and youth’s voices in planning and design and much more will be discussed— all in the
spirit of supporting children's outdoor play and a free range childhood!
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Al Donohue, City of Ithaca – lowering the POW/MIA flag
Chris Anagnost, City of Ithaca – historic designation of Chacona Block
Pam Mackesey, City of Ithaca – South Hill overlay zone
Joel Harlan, Town of Newfield – global terrorism
Karen Gellman, City of Ithaca – South Hill overlay zone
Patrick Braga, City of Ithaca – South Hill overlay zone
Katelin Olson, Village of Trumansburg - historic designation of Chacona Block
Luke Bushner, City of Ithaca - historic designation of Chacona Block
Gregar Brous, Town of Dryden - historic designation of Chacona Block
John Graves, City of Ithaca – South Hill overlay zone
Sally Lockwood, City of Ithaca – South Hill overlay zone
Ira Brous, Town of Ithaca - historic designation of Chacona Block
Marian Rogers, City of Ithaca – South Hill overlay zone
George Avramis, City of Ithaca - historic designation of Chacona Block
Madeline Lieber, City of Ithaca - historic designation of Chacona Block
Dan Kathan, Marbelhead, MA - historic designation of Chacona Block
Ken Rother, Town of Ithaca - historic designation of Chacona Block
Audrey Bryce, Town of Danby - historic designation of Chacona Block
Peter Cortle, City of Ithaca - historic designation of Chacona Block
Wendy Wilcox, City of Ithaca - historic designation of Chacona Block
Ravi Meel, City of Ithaca - historic designation of Chacona Block
G. Lincoln Morse, Village of Trumansburg - historic designation of Chacona Block
Yamila Fourniel, Village of Lansing - historic designation of Chacona Block
Steven Hugo, City of Ithaca - historic designation of Chacona Block
Seth Hiland, City of Ithaca - historic designation of Chacona Block
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Scott Whitham, City of Ithaca - historic designation of Chacona Block
Kyle Karnes, City of Ithaca - historic designation of Chacona Block
Nancy Brcak, Village of Trumansburg - historic designation of Chacona Block
Gregory Perreault, City of Ithaca – W. State/MLK St Corridor Project
Melissa Hall, City of Ithaca – Cornell University voluntary contribution, homelessness
Michelle Van Meter, Brooktondale - historic designation of Chacona Block
Genie Hurme, City of Ithaca – W. State/MLK St Corridor Project
Tom Hohn, Town of Ithaca – W. State/MLK St Corridor Project
Steven Beer, City of Ithaca – South Hill overlay zone
Julee Johnson, City of Ithaca - historic designation of Chacona Block
Sophie Zapala, Town of Ithaca – W. State/MLK St Corridor Project
Christine O’Malley, City of Ithaca - historic designation of Chacona Block
Sara Johnson, City of Ithaca - historic designation of Chacona Block
Gabriel Borden, City of Ithaca – South Hill overlay zone
Kenn Young, City of Ithaca – South Hill overlay zone
John Schroeder, City of Ithaca - historic designation of Chacona Block
Mary Raddant Tomlan, City of Ithaca - historic designation of Chacona Block
Joshua Eisenberg, City of Ithaca - historic designation of Chacona Block
Frost Travis, Cayuga Heights - historic designation of Chacona Block
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Brock thanked the speakers for sharing their thoughts. She responded to
comments made regarding the W. State/MLK Street Corridor project acknowledging the
design feedback shared by area residents and providing project background
information.
Alderperson McGonigal noted that he shares a number of the concerns expressed by
his constituents and addressed a number of safety issues.
Mayor Myrick thanked the speakers, noting that decisions are always made better by
the feedback received from residents.
Alderperson McGonigal, Liaison to the Youth Bureau Advisory Board, expressed his
congratulations to Lizzie Rail and the Ithaca High School Cross Country Team who
recently won the STAC Championship. Lizzie placed 2nd overall.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Public Information and Technology - Amendment to Personnel Roster -
Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, a recent retirement created a vacancy in the Department of Public
Information and Technology; and
WHEREAS, after an evaluation of the needs of the department and a reorganization of
assignments, it was determined that a position was needed to focus more closely on
public information initiatives while assisting the Clerk’s Office; and
WHEREAS, a new position was created to maintain and grow the City’s public
information goals; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Public Information and
Technology be amended as follows:
Add: One (1) Public Information Specialist
; and, be it further
RESOLVED, That the position of Public Information Specialist shall be assigned to the
Confidential Employees Compensation Plan at salary grade 8; and, be it further
November 1, 2017
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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
this position shall be established at eight (8) hours per day (forty (40) hours per week);
and, be it further
RESOLVED, That the funding for this position shall be obtained by transferring funding
from a vacant, funded Executive Assistant position, which shall remain on the
departmental personnel roster in a vacant, unfunded capacity.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 Adoption of 2018 Budget – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, this Common Council is now considering adoption of the Amended
Executive Budget for 2018 at its November 1, 2017 meeting, as approved by the
Committee of the Whole; and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Executive Budget for 2018, and
as those amounts may be altered by action of this Common Council at its November 1,
2017 meeting, are adequate for the operation of the City during 2018; now, therefore be
it
RESOLVED, That this Common Council accepts and approves said Amended
Executive Budget for 2018, together with any additional changes made in said budget at
Council's November 1, 2017 meeting as the City of Ithaca Budget for 2018, in the total
amount of $72,232,868; and; be it further
RESOLVED, That the following sections of the 2018 Budget be approved:
A) General Fund Appropriations
B) Water Fund Appropriations
C) Sewer Fund Appropriations
D) Solid Waste Fund Appropriations
E) Sidewalk Special District Fund Appropriations
F) Stormwater Drainage Special District Fund Appropriations
G) General Fund Revenues
H) Water Fund Revenues
I) Sewer Fund Revenues
J) Solid Waste Fund Revenues
K) Sidewalk Special District Fund Revenue
L) Stormwater Drainage Special District Fund Revenue
M) Debt Retirement Schedule
N) Capital Projects
O) Schedule of Salaries and Positions - General Fund
P) Schedule of Salaries and Positions - Water & Sewer Fund
Q) Schedule of Salaries and Positions - Sidewalk Special District Fund
R) Schedule of Salaries and Positions - Solid Waste Fund
S) Schedule of Salaries and Positions – Stormwater Drainage Special District
Fund
T) Authorized Equipment - General Fund
U) Authorized Equipment - Water Fund
V) Authorized Equipment - Sewer Fund
W) Authorized Equipment - Solid Waste Fund
X) Authorized Equipment - Sidewalk Special District Fund Balance
Y) Authorized Equipment - Stormwater Drainage Special District Fund
Alderperson Nguyen stated that he believes in the changes that were made to the
budget that slightly increased the tax rate but voiced his disappointment in the lack of
public engagement surrounding the issue. He noted the competing expectations of
keeping tax rates low vs. the delivery of high quality services.
November 1, 2017
4
Mayor Myrick voiced his agreement, stating that recent budgets have not elicited much
public comment.
A roll call vote on the budget 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 Decatur - Aye
Carried Unanimously
9.2 Adoption of 2018 Tax Rate – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the 2018 City of Ithaca Budget was approved, adopted, and confirmed in
the total amount of $72,232,868 on November 1, 2017, in accordance with a detailed
Budget on file in the Office of the City Controller; and
WHEREAS, available and estimated revenues total $49,233,374 leaving $22,999,494
as the amount to be raised by taxation; and
WHEREAS, the Assessment Roll for 2018 certified and filed by the Assessment
Department of Tompkins County, has been footed and approved and shows the total
net taxable valuation as $1,894,521,761; and
WHEREAS, under Charter provisions, the tax limit for City purposes amounts to
$34,604,214 for 2018; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal year 2018, be, and
the same hereby is, established and fixed at $ 12.14 per $1,000 of taxable valuation as
shown, certified and extended against the respective properties on the 2018 Tax Roll,
thereby making a total tax levy, as near as may be, of $22,999,494; and, be it further
RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied
upon and against the respective properties as shown on said City Tax Roll, in
accordance with their respective net taxable valuation, at the rate of $12.14 per $1,000
of such taxable valuation; and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and
apportion the City Tax as above, and that upon the completion of the extension of said
Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign
and affix the corporate seal to such warrant and forthwith to file the same with said Tax
Roll with the City Chamberlain; and, be it further
RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the
City Chamberlain, the amounts of the City Tax set opposite each and every property
shall hereby become liens, due, payable and collectible in accordance with provisions of
the City Charter and other laws applicable thereto; and, be it further
RESOLVED, That the total sum of $ 72,232,868 be appropriated in accordance with the
adopted Budget to the respective Boards, Offices, and Departments of the City, for the
purposes respectively set forth therein. The 2018 Assessment Roll has been completed
and approved by the Assessment Department of Tompkins County and resulted in the
following valuation:
Total Value of Real Property $4,434,313,865
Less: Value of Exempt Property $2,570,991,700
$1,863,322,165
Plus: Value of Special Franchises $31,199,596
Net Value of Taxable Property $1,894,521,761
November 1, 2017
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A roll call vote on the tax rate 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 Decatur - Aye
Mayor Myrick - Nay
Carried (10-1)
9.3 Adoption of 2018 Ithaca Area Wastewater Treatment Plant Budget –
Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, this Common Council is now considering adoption of the Amended Joint
Activity Fund Budget for 2018, as approved by the Committee of the Whole; and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for
2018, and as those amounts may be altered by action of the Common Council at its
November 1, 2017 meeting, are adequate for the operation of the Ithaca Area
Wastewater Treatment Plant during 2018; now, therefore be it
RESOLVED, That this Common Council accepts and approves said Amended Joint
Activity Fund Budget for 2018, together with any additional changes made in said
budget at Council’s November 1, 2017 meeting, as the Ithaca Area Wastewater
Treatment Plant Joint Activity Fund Budget for 2018, in the total amount of $4,235,749
; and, be it further
RESOLVED, That the following sections of the 2018 Ithaca Area Wastewater Treatment
Plant Joint Activity Fund Budget be approved:
A) Joint Activity Fund Appropriations
B) Joint Activity Fund Revenues
C) Schedule of Salaries and Positions – Joint Activity Fund
D) Authorized Equipment – Joint Activity Fund
A roll call vote on the budget 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 Decatur - Aye
Carried Unanimously
9.4 A Local Law Entitled “Confirmation of the Sidewalk Improvement District
Assessments, Budget, and Schedule of Work for Fiscal Year 2018
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement
Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an
assessment against each property located in each SID for the benefits received by the
property from said construction and repair; and
WHEREAS the Board of Public Works has recommended a budget, schedule of work,
and schedule of assessments for Fiscal Year 2018, subject to review, amendment, and
confirmation by the Common Council; and
WHEREAS Section C-73 provides that Council shall amend as appropriate and confirm
the SID assessments, budget, and schedule of work after a public hearing; and
WHEREAS the appropriate public hearing has been held, and Council has given due
consideration to the comments made, if any, now, therefore
November 1, 2017
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LOCAL LAW 2017-
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is
authorized to adopt a local law relating to the authorization, making, confirmation, and
correction of benefit assessments for local improvements.
The Common Council has reviewed the assessments, budget, and schedule of work
recommended by the Board of Public Works for Fiscal Year 2018, and makes the
following findings of fact:
A. The public hearing prior to confirmation required by Section C-73 has been held,
and all owners of property subject to a SID assessment appearing to speak before
Council have had an opportunity to do so.
B. The schedule of work, as recommended by BPW and previously subject to
review by Council, constitutes a set of local improvements, the cost of which should be
assessed against the properties located in the SID in which the work is to be performed.
C. The budget, and the related assessments reflected on the assessment roll kept
on file with the City Clerk, are necessary to defray the cost of construction and
maintenance of sidewalk in the City, and Council has made a legislative judgment that
each property in each SID is being assessed in proportion to the benefit received by
that property from the sidewalk construction and repair contained in the schedule of
work.
Section 2. Confirmation of the Assessments, Schedule of Work, and Budget.
The Common Council approves and confirms the assessment roll, a copy of which is
maintained in the City Clerk’s office, and the budget and schedule of work attached
hereto, and imposes a lien upon each property so assessed as set forth in the
assessment roll.
In the event there are additional funds available following completion of the schedule of
work, or changes to the work plan are required for financial, engineering, or other
reasons, the Superintendent of Public Works or his or her designee may alter the
schedule of work in his or her discretion, as instructed by the Board of Public Works
from time to time; provided, however, that if such actions affect ten percent or more of
any Sidewalk Improvement District’s annual levy, such actions must be approved by
resolution of the Board of Public Works.
Section 3. Severability Clause.
Severability is intended throughout and within the provisions of this Local Law. If any
section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Local Law.
Section 4. Effective and Operative Date.
This Local Law shall be effective immediately after filing in the office of the Secretary of
State.
A roll call vote 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 Decatur - Aye
Carried Unanimously
November 1, 2017
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Alderperson Mohlenhoff expressed her thanks to City Controller Thayer, Chief of Staff
Cogan, and Common Council for all of the work they did during the budget
deliberations.
City Controller’s Report
City Controller Thayer voiced his thanks to Common Council, Chief of Staff Cogan,
Budget Chair Mohlenhoff, and city staff noting that everyone’s cooperation is vital to
keeping the city financially sustainable.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Adoption of the City of Ithaca Assessment of Fair Housing Under the U.S.
Department of Housing and Urban Development (HUD) Entitlement Program -
Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, the City of Ithaca (City) receives an annual grant funding from the U.S.
Department of Housing & Urban Development (HUD) Entitlement program, which
requires the City to adopt and submit an Assessment of Fair Housing (AFH) by
November 4, 2017 as a condition for continued funding, and
WHEREAS, 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, the IURA has conducted community engagement activities, analyzed fair
housing issues and completed a draft Assessment of Fair Housing (AFH), and
WHEREAS, Federal fair housing law prohibits discrimination based on race, color,
religion, national origin, sex, disability or familial status, and
WHEREAS, fair housing issues restrict housing choice and access to opportunity for
protected classes, and include:
Patterns of segregation
Racially or ethnically concentrated areas of poverty
Disparities in access to opportunity
Disproportionate housing need
Publically supported housing location and occupancy
Disability and access,
Fair housing enforcement, outreach capacity, and resouces, and
WHEREAS, the AFH utilizes HUD-provided data and local information to assess
housing issues; identifies contributing factors that create, contribute to, perpetuate or
increase the severity of one or more housing issues; and develops goals to address
barriers to fair housing, and
WHEREAS, a public hearing was held on September 13, 2017 during the development
of the AFH, and
WHEREAS, the draft AFH is available for a 30-day comment period ending October 30,
2017, and
WHEREAS, at their October 13, 2017 meeting, the Neighborhood Investment
Committee reviewed this matter and recommended the following action; now, therefore,
be it
RESOLVED, That Common Council hereby adopts the City of Ithaca Assessment of Fair
Housing, Ithaca, NY for submission to HUD and recommends its adoption by the City of
Ithaca Common Council.
Carried Unanimously
November 1, 2017
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10.2 An Ordinance to Amend The City of Ithaca Municipal Code, Chapter 325,
entitled “Zoning,” in Order to Establish a South Hill Overlay District
A. Designation of Lead Agency – Resolution
Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, State Law and Section 176-6 of the City of Municipal Code entitled “Initial
Review of Actions and Establishing Lead Agency” require that a lead agency be
established for conducting environmental review of projects in accordance with local
and state environmental law; and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, the proposed zoning amendment is an “Type 1” Action pursuant to the City
of Ithaca Environmental Quality Review (CEQR) Ordinance, which requires
environmental review under CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposal to amend the City of Ithaca
Municipal Code, Chapter 325, Entitled “Zoning,” To Create a South Hill Overlay District.
Carried Unanimously
B. Determination of Environmental Significance – Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, The Common Council is considering a proposal to amend the City of Ithaca
Municipal Code, Chapter 325, Entitled “Zoning,” in order to create a South Hill Overlay
District; and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Full Environmental Assessment Form Parts 1, 2, and 3 (FEAF), dated
September 15, 2017; and
WHEREAS, the proposed action is a “TYPE I” Action under the City Environmental
Quality Review Ordinance; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the FEAF prepared by planning staff; now, therefore be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, dated September 15, 2017; and, be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary; and, be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
C. An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
entitled “Zoning,” in Order to Establish a South Hill Overlay District
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, residents of the South Hill neighborhood have expressed concerns that
rapid in-fill development is taking place in the neighborhood and will have a drastic
impact on both the aesthetic qualities and the character of the neighborhood; and
WHEREAS, currently, this area is predominantly zoned R-1b, R-2a and R-3b, and
November 1, 2017
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WHEREAS, the R-1 and R-2 districts are intended to be lower density districts that are
restricted to 1 and 2 family houses and larger lot sizes and these zones are usually
located in areas where there are established owner occupied neighborhoods, and
WHEREAS, existing zoning regulations permit properties to construct multiple primary
structures on a single tax parcel if they are able to meet the area requirements for each
additional structure; and
WHEREAS, recent development projects in the South Hill neighborhood have been able
to meet area requirements allowing development of multiple primary structures on one
parcel, which has the potential to significantly change the character of this
neighborhood; and
WHEREAS, in September of 2015, the Common Council adopted Plan Ithaca as Phase
I of the City’s Comprehensive Plan and in 2016, the City began working on Phase II of
the Comprehensive Plan, which is a series of neighborhood and area plans; and
WHEREAS, in order to allow residents to participate in creating a vision for this area
and for the City to develop a plan for sensible growth and development, the City
anticipates beginning work on an area plan for the South Hill neighborhood within the
next year; and
WHEREAS, to ensure that any ongoing development while the plan is being developed
supports the goals of the City’s Comprehensive Plan, the City is proposing the creation
of an overlay zoning district that would restrict properties to constructing only one
primary structure per tax parcel; and
WHEREAS, this overlay district will be used to establish the boundaries of the South Hill
Study Area; and
WHEREAS, once the City completes the planning process for this area, it can
determine whether there are locations where in-fill development is more appropriate and
whether design guidelines are needed to ensure new development is in line with the
neighborhood character; now, therefore
ORDINANCE NO. 2017-__
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
the City of Ithaca Municipal Code Chapter 325, entitled “Zoning”, be amended as
follows:
Section 1. Chapter 325 (“Zoning”), Section 325-3(“Definitions and Word Usage”) of the
City of Ithaca Municipal Code is hereby amended in order to add a definition of the term
“Primary Structure”, to read as follows:
Primary Structure
A single structure (located on a parcel) containing a use permitted in the zoning district
in which it is located.
Section 2. Chapter 325 (“Zoning”), Section 325-4(“Zoning Districts”) of the City of
Ithaca Municipal Code is hereby amended to add a South Hill Overlay District (SHOD).
Section 3. Chapter 325, Section 325-5, “Zoning Map” of the City of Ithaca Municipal
Code is hereby amended to create a South Hill Overlay District (SHOD) to include
properties located within the boundaries displayed on the map entitled “Proposed
Boundary for South Hill Overlay District-September 2017”, a copy of which is
attached and shall be kept on file in the City Clerk’s office.
Section 4. Chapter 325 (“Zoning”), Section 325-8(“District Regulations”) of the City of
Ithaca Municipal Code is hereby amended to add a subsection 325-8E entitled
“Additional Restrictions in the South Hill Area” to read as follows:
November 1, 2017
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E. Additional Restrictions in the South Hill Area
(1) South Hill Overlay District Restrictions
a. After the date of this ordinance, any property located within the South Hill
Overlay District with a zoning designation of R-1 or R-2 is prohibited from
constructing a primary structure on any parcel already containing one or
more primary structures, and is prohibited from constructing more than
one primary structure on a parcel containing no primary structures. The
preceding sentence shall not impact future changes to primary structures
existing prior to the effective date of this paragraph.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 6. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Alderperson Murtagh explained that developers have been purchasing large lots and
renting the primary structure to students, and then building a secondary housing unit on
the same lot. This action will pause any further development until the South Hill
neighborhood area plan can be created to ensure that future development supports the
goals of the City’s Comprehensive Plan.
Alderperson Kerslick thanked the Planning Division staff and the Planning & Economic
Development Committee (PEDC) for their work on this issue. He further thanked the
public for sharing their input for those Council members who are not on the PEDC. He
voiced his support for this action.
Alderperson Brock stated that this issue is appropriate for a building pause while design
standards can be created.
Alderperson McGonigal thanked the residents of South Hill who took the initiative to
move this issue forward and thanked staff for putting the overlay plan together quickly.
He explained how this issue affects the entire city, noting that as Collegetown property
becomes more expensive, developers are seeking other residential neighborhoods to
develop student housing.
Alderperson Nguyen voiced his opposition to the legislation as he thinks that it is more
of a design issue. He noted that he would be more supportive if there were a time limit
associated with this action. He stated that some residents don’t feel this legislation is
fair and that a well-designed infill development can be fine.
Alderperson Murtagh stated that he would be open to revisiting this action to consider
how it impacts conversion projects vs. new construction. He stated that there is no
defined timeline; however, staff will be working on the South Hill neighborhood plan next
year.
Alderperson Brock clarified that design is important and should be considered but the
bigger stressors are the behaviors of a population in the neighborhood that are driving
away families with children, professionals, etc. as it is not conducive to neighborhood
living. She stated that she would like to see Ithaca College’s Public Safety Office take
more of an active role with off-campus student behavior. She also stated that she
would like to see more bus activity as masses of students walk downtown to the bars
and back which has a big impact on the permanent residents.
A vote on the Ordinance resulted as follows:
Ayes (9) Brock, McGonigal, Murtagh, Gearhart, Fleming, Smith, Kerslick,
Decatur
Nays (1) Nguyen
Carried
November 1, 2017
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10.3 Local Landmark Designation of the Chacona Block at 411-415 College
Avenue – Resolution
Alderperson Murtagh explained that the Planning & Economic Development Committee
had three options when considering this legislation: deny the designation and have the
action end in committee, approve the designation and forward it to Common Council for
consideration, and deny the designation but move it forward for a full discussion and
consideration of Common Council. The Committee selected option three.
Resolution
By Alderperson Smith: Seconded by Alderperson Brock
WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca Landmarks
Preservation Commission (ILPC) is responsible for recommending to Common Council
the designation of identified structures or resources as individual landmarks and historic
districts within the city, and
WHEREAS, on August 8, 2017, the ILPC concluded a public hearing for the purpose of
considering a proposal to designate the Chacona Block at 411-415 College Avenue as
a local landmark, and
WHEREAS, the designation of a local landmark is a Type II action under the NYS
Environmental Quality Review Act and the City Environmental Quality Review Ordinance
and as such requires no further environmental review, and
WHEREAS, the ILPC found that the proposal meets criteria 1, 2, 3, 4, and 5 defining a
“Local Landmark” under Section 228-3B of the Municipal Code and on August 8, 2017,
voted to recommend the designation of the Chacona Block at 411-415 College Avenue,
and
WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning Board
shall file a report with Common Council with respect to the relation of such designation
to the comprehensive plan, the zoning law, projected public improvements and any
plans for the renewal of the site or area involved, and
WHEREAS, a copy of the Planning Board's report and recommendation for approval of
the designation, adopted by resolution at the meeting held on September 26, 2017, has
been reviewed by the Common Council, and
WHEREAS, Section 228-4 of the Municipal Code states that the Council shall within
ninety days of said recommendation of designation, approve, disapprove or refer back
to the ILPC for modification of same; now, therefore, be it
RESOLVED, That the Common Council finds that the designation is not compatible
with and will conflict with the comprehensive plan, existing zoning, projected public
improvements or any plans for renewal of the site and area involved, and be it further
RESOLVED, That the Chacona Block at 411-415 College Avenue, does not meet
criteria for local designation, as set forth in the Municipal Code, as follows:
1. it possesses special character or historic or aesthetic interest or value as part of the
cultural, political, economic, or social history of the locality, region, state, or nation; or
2. it is identified with historically significant person(s) or event(s); or
3. it embodies the distinguishing characteristics of an architectural style; or
4. Is the work of a designer whose work has significantly influenced an age; or
5. Represents an established and familiar visual feature of the community by virtue of its
unique location or singular physical characteristics.
RESOLVED, That the Ithaca Common Council disapproves the designation of the
Chacona Block at 411-415 College Avenue and the adjacent areas that are identified as
tax parcel #64.-2-1 as a local landmark.
November 1, 2017
12
Alderperson Kerslick thanked the Committee for bringing this issue to the full Council for
consideration, and thanked the Ithaca Landmarks Preservation Commission (ILPC) and
the Planning Board for their research and recommendations. He further thanked all of
the speakers, especially Student Agencies, for their comments and noted that he
appreciates the Memorandum of Commitment. He stated that he supports the
Collegetown Plan and the goal to provide better housing for students. He commented
that he finds the Chacona building charming and it would be a significant loss to the
neighborhood. He further voiced his opinion that the building could be repurposed and
he’s not convinced that every option has been explored.
Alderperson Decatur noted the difficult decision that needs to be made. He thanked
Student Agencies for the time they spent educating Common Council. He stated that
the ILPC seems to have a balanced approach and he will support the historic
designation of the building.
Alderperson McGonigal thanked Student Agencies, noting that he didn’t know much
about them until now. He voiced his appreciation for their true commitment to
Collegetown. He stated that Collegetown is much less vibrant and diverse than it was
15 years ago as a lot of the record stores, bars, restaurants, grocery store are gone and
only a handful of historic businesses/buildings still exist. He voiced his support for the
historic designation of the Chacona building.
Alderperson Smith compared this proposal to other local designations. He stated that
memories have to do with location. That location is the gateway to Collegetown, noting
that the building itself is not that significant. He highlighted the differences between
summer season and winter season and stated that the corner needs something that is
more welcoming year round. The existing building doesn’t meet that standard. He
responded to comments made regarding consistency and the recent designation of the
Larkin building. He stated that the buildings look very different and the conversation is
completely different based on the architectural arguments. He stated that the developer
has a proven track record, and he will oppose the historic designation.
Alderperson Fleming acknowledged how difficult it is to disagree with people she
respects and admires but after serious consideration of all of the arguments, she falls
on the side of not designating the building as historic. She highlighted the fact that
Student Agencies has operated for over 40 years at that site and John Chacona only
owned the building for 8 years. She stated that she understands the sentiments and
sadness regarding the loss of old buildings, and hopes that those sentiments can be
respected. She stated that she would vote against the designation of this building.
Alderperson Brock stated that she appreciates the work of Historic Ithaca and the ILPC
very much. She noted that Ithaca aspires to be a world famous city and our
partnership with Cornell University is a large part of that. She stated that the corner
entrance into Collegetown is unremarkable after leaving the beautiful campus and this
location has tremendous opportunity. She noted that she conducted a lot of first hand
investigations of the buildings and stated that designations will not save iconic
experiences. This action is to save a building, not a business. She stated that she
would not vote to designate the building as historic.
Amending Resolution:
By Alderperson Murtagh: Seconded by Alderperson McGonigal
RESOLVED, That the last Resolved clause be amended to read:
“RESOLVED, That the Ithaca Common Council approves the designation of the
Chacona Block at 411-415 College Avenue and the adjacent areas that are identified as
tax parcel #64.-2-1 as a local landmark.
Alderperson Murtagh stated that he believes the building is salvageable and noted that
the City’s Comprehensive Plan calls for preservation of historic resources. He stated
that the ILPC are collaborators of opportunities and he does not believe that those
opportunities have been properly explored. He stated that he would vote to support
historic designation.
November 1, 2017
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Alderperson Gearhart stated that he understands the building meets the standards for
historic designation; however, the fabric of the block is not driven by all historic buildings
and has changed over the years.
Alderperson Mohlenhoff stated that this level of public participation is really exciting and
she wished it happened more often. She noted that the message tonight is “balance” as
there are massive amounts of competing priorities. She stated that she believes firmly
in historic preservation and adaptive re-use in neighborhoods. She also believes that
there could be a newer, taller vision for this building and Student Agencies is making a
loud commitment to maintaining elements that are important to the community. She
stated that she would not support the amendment but would support the Main Motion.
A vote on the Amending Resolution resulted as follows:
Ayes (5) McGonigal, Nguyen, Murtagh, Kerslick, Decatur
Nays (5) Brock, Gearhart, Fleming, Smith, Mohlenhoff
Mayor Myrick broke the tie voting Nay.
Failed (5-6)
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (5) Brock, Gearhart, Fleming, Smith, Mohlenhoff
Nays (5) McGonigal, Nguyen, Murtagh, Kerslick, Decatur
Mayor broke the tie voting Aye.
Carried (6-5)
Motion to extend meeting
By Alderperson Smith: Seconded by Alderperson Nguyen
RESOLVED, That the meeting be extended for one hour.
Ayes (8) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Mohlenhoff
Decatur
Nays (2) McGonigal, Kerslick
REPORTS OF COMMON COUNCIL LIAISONS:
Special Joint Committee
Alderperson Brock reported that the Ithaca Area Wastewater Treatment Plant received
minor violations after an inspection in August 2017. The violations resulted in a $9,800
fine and involved chemical bulk storage; condensation, failure to register two newer
tanks, and inadequate signage.
Workforce Diversity Advisory Committee
Alderperson Brock reported that the WDAC is completing work on the fragrance free
policy and the re-establishment of purchasing policies for cleaning products. She stated
that a public education campaign will be developed to raise awareness that chemical
sensitivities to scents can cause physical reactions.
Board of Public Works
Alderperson Fleming reported that the Board of Public Works has been discussing the
following:
W. State/MLK Street Corridor re-design
Three bridges have red flag warnings
Harold Square staging area
210 Linden Avenue construction – NYS Fire Code mandates specific street
widths for buildings that are 30’ high for fire protection purposes. Overhead wires
either need to be placed underground or a loading zone may need to be placed
in front of the building.
4-way stop at Cascadilla & Cayuga Streets
November 1, 2017
14
Tompkins County Council of Governments (TCCOG)
Alderperson Fleming reported that TCCOG has been discussing topics such as solar
farms and new occupancy zoning.
TCAT
Alderperson Nguyen reported that he will serve as Vice Chair to TCAT next year and
former Tompkins County Legislator Frank Proto will serve as Chair.
Bicycle Pedestrian Advisory Council
Alderperson Nguyen reported that BPAC is going to advocate for a mid-block crossing
on the W State/MLK St. corridor.
Report from City Clerk
City Clerk Holcomb reported that Tompkins County and the City of Ithaca have
deployed the new Swift911 mass notification system and encouraged everyone to
subscribe to receive important notifications from the city. She further reported that
Mayor Myrick has suspended the enforcement of the Odd/Even parking regulations in
conjunction with this system. The parking regulations will be enforced during snow
events and other city operations and the City will notify residents of these changes
through the Swift911 system.
Report from City Attorney
City Attorney Lavine reported that the City Administration Committee will continue to
discuss the law enforcement shared services study and will explore shared training, and
investigative services. Further exploration may occur regarding the consolidation of
smaller law enforcement agencies throughout the County.
MINUTES FROM PREVIOUS MEETINGS:
17.1 Approval of the October 4, 2017 Common Council Meeting Minutes –
Resolution
Approval of the minutes of the October 4, 2017 Common Council meeting was deferred
until the December meeting.
ADJOURNMENT:
On a motion the meeting adjourned at 10:40 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor