HomeMy WebLinkAboutMN-CC-2019-11-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. November 6, 2019
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming,
Smith, Kerslick, Lewis, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Deputy GIAC Director – Phillips
Deputy GIAC Director - Brooks
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
There were no changes made to the agenda.
PROCLAMATIONS/AWARDS:
Presentation of the Quarterly Employee Recognition Award:
Mayor Myrick presented the Quarterly Employee Recognition Award to Officer Makela
Conrad for her excellent work during the National Night Out event. She worked
tirelessly throughout the day to ensure that everything was setup to perfection and the
event would run smoothly. Officer Conrad's dedication to the entire event ensured its
success. Officer Conrad was nominated by Sgt. Necheporek and Police Chief Nayor.
SPECIAL ORDER OF BUSINESS:
A Public Hearing on the Mayor’s Proposed 2020 Budget
Resolution to Open Public Hearing
By Alderperson Lewis: Seconded by Alderperson Kerslick
RESOLVED, That the Public Hearing on the Mayor’s Proposed 2020 Budget
be declared open.
Carried Unanimously
The following people addressed Common Council:
Brian Quadrozzi, Ithaca Fire Department, thanked Common Council and the Mayor for
the reinstatement of 2 Fire Fighters related to the SAFER grant for half of the year.
Kathy Malcomson, Village of Trumansburg, Mothers Out Front, voiced her support for
the funding and staff additions to support the Green New Deal.
Joe Wilson, Town of Dryden, asked the Mayor and Common Council to reconsider
adding a second staff position for six months to work on the Green New Deal initiative.
He further congratulated the Mayor and members of Council who were recently re-
elected and thanked the Council members who engaged with him to discuss climate
change issues.
Ruth Yarrow, City of Ithaca, voiced her support for additional funding for staff positions
to work on the Green New Deal initiative.
Ellie Pfeffer, North Campus, congratulated the recently elected members of Council and
the Mayor and voiced her support for the Green New Deal and additional staff positions
to work on it.
Rebecca Evans, City of Ithaca, thanked the Mayor and Council members for their
leadership and encouraged them to support Alderperson Nguyen’s proposal regarding
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staffing for positions to work on the Green New Deal. She further requested that
Council share budget projections for the next 2-5 years.
Brian Kardon, Town of Ithaca, thanked Common Council for the ir vote on the Green
New Deal and urged their continued support and appropriate funding to implement it.
Elan Shapiro, Town of Ithaca, voiced his support for the Green New Deal as it will
address issues of racism, classism, and social injustice.
Jonathan Comstock, Town of Caroline, voiced his support for Solar Tompkins and
renewable carbon-free heating sources. He further urged support for additional staff
positions to implement the Green New Deal as a matter of economic justice.
Mary Alyce Kobler, Brooktondale, voiced her support of the Green New Deal and the
addition of staff positions to implement it. She further spoke about the implementation
of a natural gas moratorium.
Elmer Ewing, Town of Ithaca, echoed comments made regarding support for the Green
New Deal and funding for additional staff positions.
Susan Kelley, Town of Hector, stated that Ithaca could be a leader in the Nation. She
voiced her support for the Green New Deal and urged Council to dedicate more funding
for this initiative.
Resolution to Close Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson Lewis
RESOLVED, That the Public Hearing on the Mayor’s Proposed 2020 Budget
be declared closed.
Carried Unanimously
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Reports of Municipal Officials
Tompkins County Legislator Henry Granison reported on the following:
The County will be holding a public hearing on November 7, 2019 regarding
requiring all retailers to charge $.05 fee for the use of carry-out brown paper bags
after March 1, 2020.
The County will be re-evaluating the merger between the Tompkins County
Health Department and the Department of Mental Health.
The Tompkins County Airport expansion project is scheduled for completion in
late November/early December.
The County will hold a public hearing on a proposed Charter change regarding
the Office of Human Rights and the Human Rights Commission.
The County will also be holding a public hearing regarding opting-in to the
Residential Capital Investment Tax Exemption program.
The County will vote on the 2020 Budget on November 7, 2019.
Town of Ithaca Supervisor Bill Goodman reported on the following:
The Town’s 2020 Budget was adopted on October 19, 2019. During
deliberations the Town discussed what a Green New Deal would look like for the
Town and set aside $20,000 for projects and consultants. In addition, the Town
looks forward to continued work with the City through the shared Sustainability
Coordinator position and urges the County to become involved in these
discussions as well.
The Gateway Trail construction plans are at the NYS Department of
Transportation for final approval. Construction is expected to take place in 2020.
The sidewalk on Route 96B to Ithaca College is in the design stage and
construction is expected in 2020.
A feasibility study is concluding for the construction of sidewalks on Route 96
from the City line to the Cayuga Medical Center.
The Town is working with Tompkins County and the Towns of Danby, Dryden,
and Caroline to extend the South Hill Recreation Trail.
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The Town is proposing the adoption of form-based zoning regulations for the
following areas: East Hill Plaza, Route 96B and King Road on South Hill, and the
Linderman Creek apartments north to the hospital. South Hill may be the first
area planned.
The Town is drafting a law to regulate short-term rentals in residential zones as
an allowed business use.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Joel Harlan, City of Ithaca, voiced concerns regarding uneven sidewalks in the
downtown area, and service and care issues at Beechtree Nursing Home.
Seth Sickroff, City of Ithaca, urged Council to amend the Commons legislation to allow
dogs on the Commons.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick explained his proposal to increase the budget to fund a second position
for six months to work on the Green New Deal. He stated that the funding would be
derived from the Fund Balance and would be placed into the Restricted Contingency
Fund which would require an action of Common Council to make the funds available.
Alderperson Gearhart reminded Council that a draft report on the issue of whether dogs
should be allowed on the Commons will be presented to the City Administration
Committee for consideration soon from the Public Safety & Information Commission.
Alderperson Lewis thanked the speakers for adding to the conversation regarding the
Green New Deal funding. She noted that the City is investing $238,000 in the 2020
budget, which is a significant increase from the $17,000 invested in 2017. She stated
that the proposal to add another full-time position effective July 1st is not finalized yet as
a lot of work needs to be completed before the City would be ready for the second
position. She explained that the City would need to hire a full-time staff person and a
consultant first and if a second position is needed in 2020, the funding could be derived
from the restricted contingency fund. She acknowledged the statements that have been
made about the climate crisis but commented that there are a lot of other needs in the
City as well.
Alderperson McGonigal stated that the original New Deal was a Federal program and
the Green New Deal also deserves nation-wide support. He stated that the City can’t
implement this program by itself. The future of our children depends on a number of
programs, not just the Green New Deal. This program will require State and Federal
financial support to be successful.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works (DPW) - Amendment to Personnel Roster -
Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the Executive Assistant for the Superintendent of Public Works and
Engineering Division has requested a reduction in working hours from 40 hours to 30
hours per week for personal reasons; and
WHEREAS, the Department of Public Works is able to accommodate this request; now,
therefore be it
RESOLVED, That the workweek of the Executive Assistant position be and hereby is
reduced from forty (40) hours/week to thirty (30) hours/week pursuant to the employee’s
request; and, be it further
RESOLVED, That for the sole purpose of determining days worked repo rtable to the
New York State and Local Employees’ Retirement System, the standard workday for
this position shall be established at six (6) hours per day (thirty (30) hours per week).
November 6, 2019
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Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 Adoption of 2020 Budget - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, this Common Council is now considering adoption of the Amended
Executive Budget for 2020 at its November 6, 2019 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 2020, and
as those amounts may be altered by action of this Common Council at its November 6,
2019 meeting, are adequate for the operation of the City during 2020; now, therefore be
it
RESOLVED, That this Common Council accepts and approves said Amended
Executive Budget for 2020, together with any additional changes made in said budget at
Council's November 6, 2019 meeting as the City of Ithaca Budget for 2020, in the total
amount of $80,362,900; and, be it further
RESOLVED, That the following sections of the 2020 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
Amending Resolution:
By Alderperson Smith: Seconded by Alderperson Lewis
RESOLVED, That $34,678 be allocated from the Fund Balance into Restricted
Contingency for the purpose of supporting the Green New Deal initiative.
Alderperson Fleming voiced her concern that Common Council was not willing to
reduce the fund balance for other very worthy requests during the extensive budget
deliberations and questioned why this request would be considered in front of the
others. She further voiced concerns about increasing costs of staffing, noting that as
more money is spent on staff, less is available for the implementation of the plan. She
noted that a majority of people that have commented on the need for additional staff for
the Green New Deal live outside of the City. She suggested that the City partner with
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surrounding municipalities to assist them in developing their own Green New Deal plans
and advocated for making use of the expertise already available within the community.
She urged caution about dipping in to the fund balance.
Alderperson Kerslick thanked the speakers for coming out and expressing their
appreciation for the challenges that Council faces when balancing all of the needs of the
City. He noted that he is not supportive of starting a position mid-year, instead he would
like a set of recommendations from the new coordinator on a plan moving forward. He
stressed the importance of making sure that City staff is part of the Green New Deal
implementation. He stated that he would like the flexibility of being able to use this
money for other implementation costs as well. He further commented that 2021 will be
a difficult budget already due to the funding of new positions that have been pushed to
June/July of 2020.
Alderperson Murtagh noted that a lot of people commented on the proposed budget this
year and the two areas of focus were sustainability and the Ithaca Fire Department. He
noted that these are areas that share costs with the Town of Ithaca and stressed the
importance of looking for partner municipalities, including the Towns, County, State, and
the Federal government for assistance on climate change issues. He stated that the
only way things will change will be by working together as a community and as a
society. He voiced his support for this amendment as the funds would be placed in
restricted contingency.
Alderperson Gearhart expressed his thanks to the speakers, noting that it is important
for Council to hear their comments. He stated that he would support this resolution as
Council approved the Green New Deal earlier in the year because they felt a sense of
urgency to address climate change. The current proposal gives Council flexibility in
how the money will be used and won’t result in spending without a plan.
Alderperson McGonigal stated that the City Controller has put the City in a better
financial position over the past few years and has advised not to use funding from the
fund balance. He noted that he would be heeding that advice. He believes that City
staff and the new Coordinator need to study where the City should go from here.
Alderperson Mohlenhoff stated that everyone agrees that climate change is an
emergency and Council intentionally adopted ambitious goals to create change. She
noted that Council would like to invest more but needs to balance this initiative with the
other needs of the City. She reminded Council that the City has applied for a Climate
Smart Communities grant ($85,000 to support staffing and $15,000 to support a
consultant) and another grant application has been submitted for developing policies to
support the reduction of greenhouse gas emissions from existing buildings ($52,000 for
new staffing and $70,000 to support consultants). She voiced her reluctance to use
funds from the Fund Balance but stated that she would support the transfer of funds into
the Restricted Contingency fund. She further voiced her support for the use of existing
resources at Cornell University, local experts, and other community organizations with
expertise in this area.
Alderperson Lewis stated that this proposal would allow the funds to be used in other
ways to support and/or supplement staffing. She stated that she wants to be very
intentional about staffing as it is important to get this right.
Alderperson Brock noted that she received a lot of emails through this process. She
recognized that this is a global, continental, national, state, regional, and a community
issue and noted that sometimes it feels like the City gets the focus of the entire county.
She stated that this needs to be done on a broader basis than just the city itself , and
that all city departments need to do their part to ensure the success of the
implementation of this program. She acknowledged the existing resources within the
County and addressed the amount of money that is being used from the Fund Balance
to balance the budget. She stated that her focus is on meeting the needs of the
community and voiced her appreciation for the flexibility that this strategy would allow.
She stated that she would expect a very detailed plan and a clear explanation about
how the City is using existing resources before being asked to appropriate these funds.
November 6, 2019
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Mayor Myrick responded to statements made earlier in the meeting about how the City
has created a larger carbon footprint than our neighboring communities noting that it is
not true.
A vote on the Amending Resolution resulted as follows:
Ayes (7) Nguyen, Murtagh, Gearhart, Smith, Kerslick, Mohlenhoff, Lewis
Nays (3) Brock, McGonigal, Fleming
Carried
Upon the approval of this Amendment, the first Resolved clause reads as follows:
“RESOLVED, That this Common Council accepts and approves said Amended
Executive Budget for 2020, together with any additional changes made in said budget at
Council's November 6, 2019 meeting as the City of Ithaca Budget for 2020, in the total
amount of $80,397,578; and, be it further”
Further discussion followed on the floor regarding the requested Police Vehicle which
will be funded with seizure funds.
Am ending Resolution
By Alderperson McGonigal: Seconded by
RESOLVED, That the Ithaca Police Department budget be amended by reducing the
officer recruitment public relations funding by half.
Motion Failed for lack of a Second
City Controller Thayer confirmed that this budget is $13,000 under the NYS property tax
cap.
Main Motion as Amended:
A roll call vote on the Budget as Amended resulted as follows:
Alderperson Brock: Aye Alderperson McGonigal: Aye
Alderperson Nguyen: Aye Alderperson Murtagh: Aye
Alderperson Fleming: Aye Alderperson Gearhart: Aye
Alderperson Kerslick: Aye Alderperson Smith: Aye
Alderperson Lewis: Aye Alderperson Mohlenhoff: Aye
Carried Unanimously
Mayor Myrick thanked City Controller Thayer and his staff, Chief of Staff Cogan and
Alderperson Mohlenhoff for the time, leadership, and hard work they put into this budget
document and process.
9.2 Adoption of 2020 Tax Rate - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the 2020 City of Ithaca Budget was approved, adopted, and confirmed in
the total amount of $80,397,578 on November 6, 2019 in accordance with a detailed
Budget on file in the Office of the City Controller; and
WHEREAS, available and estimated revenues total $55,953,978 leaving $24,443,600
as the amount to be raised by taxation; and
WHEREAS, the Assessment Roll for 2020 certified and filed by the Assessment
Department of Tompkins County, has been footed and approved and shows the total
net taxable valuation as $2,076,771,484; and
WHEREAS, under Charter provisions, the tax limit for City purposes amounts to
$38,156,709 for 2020; now, therefore be it
RESOLVED, That the tax rate for general purposes, for the fiscal year 2020, be, and
the same hereby is, established and fixed at $11.77 per $1,000 of taxable valuation as
shown, certified and extended against the respective properties on the 2020 Tax Roll,
thereby making a total tax levy, as near as may be, of $24,443,600, and be it further
November 6, 2019
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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 $11.77 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 $80,397,578 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 2020 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 $4,722,093,829
Less: Value of Exempt Property $2,681,223,800
$2,040,870,029
Plus: Value of Special Franchises $35,901,455
Net Value of Taxable Property $2,076,771,484
Alderperson Mohlenhoff expressed her thanks to the Department Heads, the City
Controller and his staff, and the Chief of Staff noting that she appreciates the
collaboration and innovative ideas that will move the City forward.
A vote on the Resolution resulted as follows:
Carried Unanimously (11-0)
Mayor Myrick voting Aye
9.3 Adoption of 2020 Ithaca Area Wastewater Treatment Plant Budget -
Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Brock
WHEREAS, this Common Council is now considering adoption of the Amended Joint
Activity Fund Budget for 2020 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
2020 and as those amounts may be altered by action of the Common Council at its
November 6, 2019 meeting, are adequate for the operation of the Ithaca Area
Wastewater Treatment Plant during 2020; now, therefore be it
RESOLVED, That this Common Council accepts and approves said Amended Joint
Activity Fund Budget for 2020, together with any additional changes made in said
budget at Council’s November 6, 2019 meeting, as the Ithaca Area Wastewater
Treatment Plant Joint Activity Fund Budget for 2020, in the total amount of $4,901,861;
and, be it further
RESOLVED, That the following sections of the 2020 Ithaca Area Wastewater Treatment
Plant Joint Activity Fund Budget be approved:
A) Joint Activity Fund Appropriations
B) Joint Activity Fund Revenues
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C) Schedule of Salaries and Positions – Joint Activity Fund
D) Authorized Equipment – Joint Activity Fund
Carried Unanimously
9.4 A Local Law Entitled “Confirmation of the Sidewalk Improvement District
Assessments, Budget, and Schedule of Work for Fiscal Year 2020”
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 2020, 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,
Local Law No. 2019-
NOW, THEREFORE 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 2020, and makes the
following findings of fact:
A. The public hearing prior to confirmation required by Section C -73 has
been held, and all owners of property subject to a SID assessment
appearing to speak before Council have had an opportunity to do so.
B. The attached schedule of work, as recommended by BPW and previously
subject to review by Council, constitutes a set of local improvements, the
cost of which should be assessed against the properties located in the SID
in which the work is to be performed.
C. The attached budget, and the related assessments reflected on the
assessment roll kept on file with the City Clerk, are necessary to defray
the cost of construction and maintenance of sidewalk in the City, and
Council has made a legislative judgment that each property in each SID is
being assessed in proportion to the benefit received by that property from
the sidewalk construction and repair contained in the schedule of work.
Section 2. Confirmation of the Assessments, Schedule of Work, and Budget.
The Common Council approves and confirms the assessment roll, a copy of which is
maintained in the City Clerk’s office, and the budget and schedule of work attached
hereto, and imposes a lien upon each property so assessed as set forth in the
assessment roll.
In the event there are additional funds available following completion of the schedule of
work, or changes to the work plan are required for financial, engineering, or other
reasons, the Superintendent of Public Works or his or her designee may alter the
schedule of work in his or her discretion, as instructed by the Board of Public Works
from time to time; provided, however, that if such actions affect ten percent or more of
November 6, 2019
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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 Vote on the Local Law resulted as follows:
Alderperson Brock - Aye Alderperson McGonigal - Aye
Alderperson Nguyen - Aye Alderperson Murtagh – Aye
Alderperson Gearhart - Aye Alderperson Fleming – Aye
Alderperson Smith - Aye Alderperson Kerslick – Aye
Alderperson Mohlenhoff – Aye Alderperson Lewis – Aye
Carried Unanimously
City Controller’s Report
City Controller Thayer thanked the Mayor, Chief of Staff, and Common Council for the
hard choices they had to make, and the amount of work that they all put in towards this
budget. He further thanked the Department Heads and City staff who make these
proposals work.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Establish the Ithaca Neighborhood Housing Services
Former Immaculate Conception School Planned Unit Development District
By Alderperson Murtagh: Seconded by Alderperson Smith
ORDINANCE NO. 2019-___
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325-13 of the City Code be amended as follows:
WHEREAS, on April 4, 2018, the Common Council adopted legislation creating a
Planned Unit Development Overlay District (PUDOD); and
WHEREAS, on March 14, 2019, the City of Ithaca received the enclosed application
from Ithaca Neighborhood Housing Services, for a Planned Unit Development (PUD)
project to be located at 320-324 & 330 W. Buffalo St, and 309 N. Plain Street; and
WHEREAS, the applicant is proposing to redevelop the former Immaculate Conception
School into a vibrant mixed-use community, specifically designed to address high-
priority local needs. The over-arching goal of this project is to provide both rental and
for-sale housing that is affordable at a range of household incomes (from less than 30%
AMI up to 100% AMI for the rental units and 80% AMI or below for the for -sale units)
and that is suitable for a range of household sizes (from single people to large families);
and
WHEREAS, the project will also provide space for non-profit organizations and will
transfer the existing gymnasium to the Greater Ithaca Activities Center (GIAC); and
WHEREAS, the project includes the following elements:
Retention of the 1948 wing of the existing school building
Demolition and replacement of the c. 1920’s wing of the school with a new
four-story wing
Connecting to the 1948 wing to form an “L”
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Construction of an as-yet undetermined number of rental row houses
facing W. Buffalo Street between Catholic Charities and N. Plain Street
Demolition of the existing building at 309 N. Plain Street and construction
in that location of a group of rental row houses
Construction of a group of four for-sale row houses facing N. Plain Street
at W. Court Street
Retention and conversion of the two houses at 330 West Buffalo Street
into one or more rental units, or demolition to allow the construction of an
additional group of row houses facing W. Buffalo St.
; and
WHEREAS, the project is intended to provide the following benefits to the community:
Retention and rehabilitation of the Catholic Charities Building for their
continued use
Detachment of the gymnasium wing and sale to the City for GIAC’s use
Adaptive re-use of a portion of the existing school building for non-profit
service organizations.
Creating much needed rental and for sale affordable housing units.
WHEREAS, a public information session, hosted by the applicant, was held on May 13,
2019 and the meeting was advertised in the Ithaca Journal, the property was posted
with signs and property owners within 500 feet of the property were notified by mail of
the meeting; now, therefore
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that the City of Ithaca Establish the Former Immaculate Conception School Planned
Unit Development District as follows:
Section 1. Ithaca Neighborhood Housing Services Former Immaculate Conception
School Planned Unit Development District is hereby established as follows:
Ithaca Neighborhood Housing Services Former Immaculate Conception School
Planned Unit Development District (FICS-PUD)
Table of Contents
A. Legislative Intent
B. Sub Areas
C. Permitted Uses
1. Primary
2. Accessory
D. Parking/Loading Requirements
E. Area Requirements
1. Minimum Lot Size (SF)
2. Minimum Width in Feet at Street Line
3. Maximum Building Height
4. Maximum Percentage of Lot Coverage by Buildings
5. Yard Dimensions.
a. Required Minimum Front Yard
b. Required Minimum Side Yard
c. Required Minimum Other Side Yard
d. Required Minimum Rear Yard.
e. Minimum Building Height.
November 6, 2019
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Ithaca Neighborhood Housing Services Former Immaculate Conception Planned
Unit Development District
Part 1
Zoning Code
A. Legislative Intent
1. On March 14, 2019, the City of Ithaca received the enclosed application
from Ithaca Neighborhood Housing Services, for a Planned Unit
Development (PUD) project to be located at 320-324 & 330 W. Buffalo St,
and 309 N. Plain Street. The applicant is proposing to redevelop the former
Immaculate Conception School into a vibrant mixed-use community,
specifically designed to address high-priority local needs. The over-arching
goal of this project is to provide both rental and for-sale housing that is
affordable at a range of household incomes (from less than 30% AMI up to
100% AMI for the rental units and 80% AMI or below for the for-sale units)
and that is suitable for a range of household sizes (from single people to
large families). The completed project is intended to provide the following
benefits to the community:
a. Retention and rehabilitation of the Catholic Charities Building for
their continued use.
b. Detachment of the gymnasium wing and sale to the City for GIAC’s
use.
c. Adaptive re-use of a portion of the existing school building for non-
profit service organizations.
d. Creating much needed rental and for sale affordable housing units.
B. SUB Areas. The FICS-PUD shall consist of 3 PUD-Sub Areas
1. FICS-1- This sub area contains the community gymnasium.
2. FICS-2-This sub-area will allow for residential and some commercial uses
and will contain buildings with a maximum height of 35’.
3. FICS-3-This sub area will contain the 4 story residential structure and the
refurbished school building, which will contain space for non -profit offices.
November 6, 2019
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C. Permitted Uses.
1. Primary Uses
a. FICS-1
1) Public recreation.
2) Public and semi-public institution whose purpose is education
except that, within 200 feet of a residential district, any use other
than classrooms or living accommodations which conform to the
regulations of the adjacent residential district is permitted only by
special permit of the Board of Appeals (see § 325-9).
3) All municipal public buildings, facilities and functions.
b. FICS-2
1) One-family detached dwelling occupied by:
(a) An individual or family or functional family (see Ord.
97-1)(see definition, § 325-3) plus not more than one
unrelated occupant. (see Gen. Note 6)
(b) If dwelling is owner occupied, an individual or family
plus not more than two unrelated occupants.
(c) Two-family dwellings, each unit of which may be
occupied by an individual or family plus not more than
two unrelated occupants per unit
2) Two-family dwellings, each unit of which may be occupied by an
individual or family plus not more than two unrelated occupants per
unit
3) Church and related buildings
4) Public park or playground
5) Townhouse or garden apartment housing.
6) Row House (See § 325-45.2B13)
7) Business or Professional Office
a. FICS-3
1) One-family detached dwelling occupied by:
(a) An individual or family or functional family (see Ord. 97-1)
(see definition, § 325-3) plus not more than one unrelated
occupant. (see Gen. Note 6)
(b) If dwelling is owner occupied, an individual or family plus not
more than two unrelated occupants.
2) Two-family dwellings, each unit of which may be occupied by an
individual or family plus not more than two unrelated occupants per
unit
3) Church and related buildings
4) Public park or playground
5) Dwelling, Multiple or Multiple Residence (See §325-3)
6) Business or Professional Office
2. Accessory Uses
a. FICS-1
1) Accessory uses and service buildings for permitted uses,
upon issuance of a special permit as set forth in §325-9
b. FICS-2 and FICS-3
1) Required off-street parking.
2) Private garage for not more than 3 cars.
3) Structures for const. purposes, not to remain over two years.
4) Sign in connection with permitted use (see Chapter 272-Sign
Ordinance)
By Special Permit:
5) Towers or structures for receipt or transmission of electronic
signals for commercial purposes or for generation of
electricity to be used on the premises where generated in
any district (see § 325-9). Except for personal wireless
services facilities.
6) An Accessory Apartment (see § 325-10)
7) Home Occupations: See §325-9C{i}
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B. Parking/Loading Requirements
1. Parking Requirement-None
2. Off Street Loading Requirement-None
Area Requirements
1. Minimum Lot Size (SF)
a. FICS-1: 3000SF
b. FICS-2 and FICS-3: None
2. Minimum Width in Feet at Street Line
a. FICS-1: 30’
b. FICS-2: 14’
c. FICS-3: 80’
3. Maximum Building Height
a. FICS-1: None
b. FICS-2: 3 Stories or 35’
c. FICS-3: 4 Stories or 48’
4. Maximum Percentage of Lot Coverage by Buildings
a. FICS-1: 90%
b. FICS-2: 50%
c. FICS-3: 50%
5. Yard Dimensions. Required Minimum Front Yard
a. FICS-1: 7’
b. FICS-2 and FICS-3: 15', porches, stoops, canopies allowed up to
5' from property line,
6. Required Minimum Side Yard:
a. FICS-1: 9’
b. FICS-2 and FICS-3: 0’ between units, 10' to public right of way or
20' to adjacent building.
7. Required Minimum Other Side Yard:
a. FICS-1: 9’
b. FICS-2 and FICS-3: 0’ between units, 5' to public right of way or 15'
to adjacent building.
8. Required Minimum Rear Yard:
a. FICS-1: 5’
b. FICS-2 and FICS-3: 10’
9. Minimum Building Height: None
Section 2. The City Planning and Development Board, the City Clerk and the Planning
Department shall amend the district regulations chart in accordance with the
amendments made herewith.
Section 3. Severability. 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 portion.
Section 4. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Alderperson Lewis commended Ithaca Neighborhood Housing Services (INHS) for how
they addressed this project, noting that the community input process was great and
could be used as a model for the City.
Alderperson Murtagh noted how proud he was that the neighborhood embraced this
project and participated in the development of the plan. He expressed his thanks to
INHS for all of their efforts.
Alderperson McGonigal questioned the removal of the playground from the plan. Senior
Real Estate Developer Lynn Truame responded that enough space couldn’t be found
for the playground during the site plan process due to the requirement to provide
emergency service access. She highlighted the proximity of the Beverly J. Martin
Elementary School playground which could supplement the need for a playground.
November 6, 2019
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Alderperson Kerslick applauded the adaptive reuse of the property and asked questions
about the adjustment to the maximum height of the building and the environmental
impact statement which includes the construction phase of the work.
A vote on the Ordinance resulted as follows:
Carried Unanimously
10.2 Permit Pursuant to Section 346-31 of the City Code Authorizing Field Trips
101, Inc. to Use East Green Street as an Intercity Bus Pickup and Drop-Off Area -
Resolution
By Alderperson Murtagh: Seconded by Alderperson Nguyen
WHEREAS, Section 346-31 of the City Code provides that “Unless otherwise provided
to the contrary, no bus or common carrier, whether for hire or not, shall be operated
upon, stop on or stand on any City street in the corporate limits of the City of Ithaca, nor
shall such bus or common carrier pick up or discharge passengers on any such City
street or curb, or any other public property, or at or within 200 feet of any City bus stop
in said corporate limits of the City of Ithaca, unless a permit is obtained therefor from the
Common Council of the City of Ithaca, or its designee, the issuance of which permit
shall be at the sole discretion of the Common Council of the City of Ithaca”; and
WHEREAS, Mike Fitzgerald, on behalf of Field Trips 101, Inc., submitted an application
seeking a permit to operate a daily charter bus providing transportation between Ithaca
and New York City; and
WHEREAS, City staff have reviewed the application and support granting the permit as
it provides for a fixed schedule that does not require adjustments to other intercity bus
schedules using the Green Street location; and
WHEREAS, on September 4, 2019 Common Council set a fee of $15 per arrival or
departure from East Green Street for occupancy of the right-of-way for the purposes of
operating an intercity bus; now, therefore be it
RESOLVED, That the Common Council hereby authorizes issuance of a permit to Field
Trips 101, Inc. with the following conditions:
1. Field Trips 101, Inc. must execute a bus permit agreement on the same permit
terms and conditions as other permittees currently operating from East Green
Street, and containing the City’s usual revocation and indemnification terms and
conditions;
2. The exact route, locations where passengers may be dropped off and picked up,
and times of operation shall be subject to approval by the Superintendent of
Public Works or his designee;
3. Said charter bus shall be operated on a pre-arranged basis only, with tickets
having been purchased in advance by passengers;
4. The operator(s) of the bus shall at all times ensure that the bus is not parked in a
manner that interferes with the ability of emergency vehicles to move or pass or
sight distance for pedestrians or motorists;
5. Permittee shall at all times maintain valid liability insurance coverage, as well as
present the City Attorney’s Office with proof of compliance with the New York
Workers’ Compensation Law
; and, be it further
RESOLVED, That the Superintendent of Public Works shall have the right to modify the
conditions above upon reasonable notice to the Permittee, suspend or revoke this
permit due to violation of the terms thereof, or due to any other action or failure to act,
on the part of the permittee or his agents, which poses a danger to the health or safety
of any members of the public, provided, however, that such suspension or revocation
shall be subject to review by Common Council upon written appeal of the permittee, to
the Mayor (which appeal, while pending, shall not stay said suspension or revocation).
November 6, 2019
15
Alderperson Lewis asked what other carriers on Green Street serve the NYC/Ithaca
route. City Attorney Lavine responded that Shortline/Coach USA,
Trailways/Greyhound, and Our Bus. He noted that Fitzgerald Brothers had been
providing service at the Green Street stop under the OurBus permit. Fitzgerald Brothers
is now proposing only working on a fixed schedule and staff feels comfortable that this
fixed schedule could fit into the Green Street bus schedule.
Alderperson Lewis expressed concerned about the current traffic congestion on E.
Green Street and adding another bus carrier to what is considered a temporary location.
Alderperson Nguyen noted that he shares the concerns expressed but feels confident
that this one bus could be accommodated.
A vote on the Resolution resulted as follows:
Ayes (9) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith,
Kerslick, Mohlenhoff
Nays (1) Lewis Carried 9-1
Alderperson Murtagh reported that the PEDC will be discussing the following topics in
the coming months: Accessory Dwelling Units, Air B & B short-term rentals, and the
Green Building Policy.
MAYOR’S APPOINTMENTS:
14.1 Appointment to Board of Zoning Appeals – Resolution
By Alderperson McGonigal: Seconded by Alderperson Nguyen
RESOLVED, That Suzanne Charles be appointed to the Board of Zoning Appeals to
replace Lindsay Jones with a term to expire December 31, 2020 .
Alderperson McGonigal voiced his discomfort about Ms. Charles’ profession as a real
estate developer. Mayor Myrick explained that Ms. Charles is currently teaching in the
Cornell University Real Estate program and noted that it is valuable to have people on
the Board who know what it takes to build something.
A vote on the Resolution resulted as follows:
Ayes (9) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick,
Mohlenhoff, Lewis
Nays (1) McGonigal
Carried 9-1
14.2 Reappointments to the Housing Board of Review – Resolution
By Alderperson McGonigal: Seconded by Alderperson Smith
RESOLVED, That David Wahl be reappointed to the Housing Board of Review with a
term to expire December 31, 2021; and, be it further
RESOLVED, That William F. Olney be reappointed to the Housing Board of Review with
a term to expire December 31, 2021; and, be it further
RESOLVED, That John Barradas be reappointed to the Housing Board of Review with
a term to expire December 31, 2022; and, be it further
RESOLVED, That Christopher Anagnost be reappointed to the Housing Board of
Review with a term to expire December 31, 2022 .
Carried Unanimously
14.3 Appointment to the Special Joint Sewer Committee – Resolution
By Alderperson Brock: Seconded by Alderperson Smith
RESOLVED, That Scott Reynolds be appointed to the Special Joint Sewer Committee
to replace Brian Davis as a representative from city of Ithaca until such time as he is no
longer able to serve or is replaced by the City of Ithaca.
Carried Unanimously
November 6, 2019
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REPORTS OF COMMON COUNCIL LIAISONS:
Special Joint Committee
Alderperson Brock reported that the SJC is exploring entering into a pilot agreement to
install a bio-char facility at the Wastewater Treatment Plant. Bio-char is the process of
gasification of bio-solids. Bio-char is also a soil additive.
The Department of Environmental Conservation has approved the grit removal and
other improvements to the Wastewater Treatment Plant site. Construction is anticipated
this spring.
The SJS has also taken an additional review of the proposed disclosure ordinance and
hopes to bring it back to Council in the near future.
REPORT OF CITY CLERK:
City Clerk Conley Holcomb reported that she has been working with the Health and
Safety Coordinator to develop building evacuation training for Common Council and the
commissions, boards, and committees that hold meetings in City Hall after hours. She
stressed that there would be a role for the Chairs and Council Liaisons to assist the
public in safely evacuating the building in the case of an emergency. All meeting
attendees would be expected to meet and stay in front of the Green Street Garage so
that emergency responders can determine that everyone made it out of the building. In
addition to the training, evacuation maps and signage will be developed and hung in all
of the conference rooms.
City Clerk Conley Holcomb further reported that the Towing Oversight Committee
recently held its final meeting with the local tow operators to consider revisions to the
proposed Towing Service Agreement. Once finalized, the agreement and the proposed
changes to the City Code will be forwarded to Common Council for consideration.
Further discussion followed on the floor regarding the January 2020 meeting schedule
in lieu of the holidays. Mayor Myrick stated that he would work with staff and
communicate the schedule to Common Council as soon as possible.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the September 4, 2019 and October 2, 2019 Common Council
Meeting Minutes
Approval of the minutes of the September 4, 2019 and October 2, 2019 Common
Council meetings was deferred to the December 2019 meeting.
REPORT OF CITY ATTORNEY:
City Attorney Lavine reported that the Nancy Keane vs. the City of Ithaca lawsuit was
dismissed on a summary judgement.
Motion to Enter into Executive Session:
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
RESOLVED, That Common Council enter into Executive Session to discuss pending
litigation.
Carried Unanimously
RECONVENE:
Common Council reconvened with no formal action taken.
ADJOURNMENT:
On a motion the meeting adjourned at 8:30 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor