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HomeMy WebLinkAboutMN-CC-2011-05-12COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 5:30 p.m. May 12, 2011 PRESENT: Mayor Peterson Alderpersons (9) Dotson, Rosario, Clairborne, McCollister, Zumoff, Rooker, Myrick, Cogan, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Planning & Development Director – Cornish Deputy Director of Economic Development - DeSarno Superintendent of Public Works – Gray Youth Bureau Director – Green City Chamberlain – Parsons GIAC Director – Fort Building Commissioner – Radke EXCUSED: Alderperson Coles PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Mayor Peterson requested the addition of Item 3.3 – Attorney’s Office – Authorization for Home Rule Request to Correct Retirement Service Credit Erroneously Omitted by Another Employer – Resolution and Item 3.4 – Process to Fill the Vacancy of the First Ward Common Council Seat – Discussion. No Council member objected. SPECIAL ORDER OF BUSINESS: 2.1 Special Common Council Budget Session: A. Revenue streams City Controller Thayer distributed packets that contained a history of tax rates, property assessment increases, and revenue sources. He explained that revenues are expected to increase very little in 2012; however, expenses are expected to increase as follows: Health Insurance costs: $690,000 Pension costs: 30.7% - approximately $1 million Debt payments: 5-6% General expenses: 10% He stated that he is hopeful that any property tax cap legislation passed will include mandate relief and exclusions for pension and health care costs. • Property tax is the largest revenue stream for the City – 40% • The 2012 projected property assessments is 1.81% or $376,000. • 62% of property in the City is tax exempt – of that figure 87% is owned by Cornell University and the remainder is owned by other municipalities (Town of Ithaca and Tompkins County) and not-for-profit organizations. This fact makes it appear as though Ithaca has one of the highest tax rates in New York State. Discussion followed on the floor regarding the trend of not-for-profits contributing to municipalities and whether that was a viable method for Ithaca. The voluntary contribution from Cornell University ($1.2 million) can be found in the budget under “Gifts and Donations.” Further discussion followed on Payments in Lieu of Taxes (PILOTs), abatement programs, and organizations such as the Ithaca Neighborhood Housing Services. The tax foreclosure rate for 2010 was 1.26%, an increase from .5% in 2005 but a decrease from the 2009 figure of 1.56% May 12, 2011 2 Sales tax is the next largest source of revenue, although it is not guaranteed, at $12.3 million. The trend is increased sales tax due to development; however, the last quarter of 2011 saw a downturn in collections. The Town of Ithaca fire contract represents 6.6% of the City’s revenues (approximately $3 million) and pays for 32-33% of the costs of the Ithaca Fire Department. The Town of Ithaca has a study group that is reviewing the possibility of creating a volunteer fire department and other options. New York State AIM payments have not changed much. The City receives the majority of the revenue in December. Parking fees equals 4.3% of the City’s revenues (approximately $2 million). Discussion followed on the floor regarding whether a dedicated parking position would pay for itself. City Chamberlain Parsons noted that there are several departments who are involved in parking and an Ad-hoc Working Group is looking into this issue as it believes that there are efficiencies and consistencies that could be found. City Controller Thayer noted that hourly parking revenues have increased due to meter rate adjustments and the elimination of the 1st hour of free parking in the garages; however, parking permit revenue has decreased due to the relocation of key downtown businesses. The new parking equipment has resulted in better data to work with. Fines equal approximately 2.3% of the City’s revenue ($1.2 million). This figure has seen significant increases due to the elimination of the 1st ticket free program. Gifts and donations: the Cornell University contribution varies as it is aligned with the annual Consumer Price Index (CPI). The City uses the Northeast Region/small cities CPI; Cornell uses the US cities CPI which varies approximately 1% or so. B. Shared services (interdepartmental and inter-municipal) City Controller Thayer reported that the City has good contracts in place (Recreation Partnership, SJC, City/Town Fire Contract, Shared use of Recreation Facilities, etc.); however, there may be opportunities for more departments to share services such as building inspection services. Discussion followed on the floor regarding the legal requirements to have certain departments (i.e. there is no requirement to have a Code Enforcement department, if the City did not provide this service the County or State would have to do it). Further discussion followed regarding posting a “reader-friendly” budget to the City’s website. C. Mandated services Mayor Peterson shared e-mails received from City departments regarding the services that they are mandated by law to provide. She also noted other types of mandates such as equipment mandates (pool drain caps, rope systems), inspection mandates (Health Dept. pool checks, staff ratios, etc.). Building Commissioner Radke distributed packets regarding NYS mandated services and discussed the ability to increase fees for services. Further discussion followed regarding potential new revenue sources such as a storm water utility, and services/programs that generate funds such as school district tax collections and the CHIPS program. Council members suggested that further information be provided on services the City provides that have fees associated with them. May 12, 2011 3 NEW BUSINESS: 3.1 Determination as to the Effect of a Protest of Collegetown Zoning Amendments, Received on May 4, 2011 – Suggested Resolution Revised 5/12/11 By Alderperson Dotson: Seconded by Alderperson Myrick WHEREAS, at the Common Council meeting of May 4, 2011, a written protest was presented to the Council, pursuant to Section 83 of General City Law, by or on behalf of certain, affected property owners, objecting to “enactment of an ordinance to amend the Municipal Code of the City of Ithaca, Chapter 325, entitled ‘Zoning’ to establish certain district regulations and to change the zoning description of certain areas of the City of Ithaca (see attached);” and WHEREAS, the attachment referred to was a copy of the agenda materials for the May 4th Common Council meeting, which includes four proposed ordinances intended to repeal, modify or add to parts of Chapter 325 of the Municipal Code, pertaining to portions of the Collegetown area of the City, and/or to replace the City’s existing design review process; and WHEREAS, the proposed ordinances and the votes taken on them on May 4, 2011, can be summarized as follows: #1. Establishment of new “form-based zoning districts” (replacing current districts), primarily in the central area of Collegetown, affecting approximately 250 parcels and a total land area of 2,326,908 square feet. (Also repeals City’s existing design review process, now located in Chapter 325.) Vote: 7-3. #2. Establishment of height incentive overlay district, affecting one of the new form districts (“MU”) to be created by Ordinance #1. Vote: 8-2. #3. Revision of Collegetown Parking Overlay Zone (CPOZ), which repeals and replaces existing CPOZ parking requirements (in an area affecting approximately 350 parcels and a total land area of 3,815,766 square feet, and implements a reduced parking requirement in 3 of the new form districts to be created by Ordinance #1. Vote: 7-3. #4. Establishment of new design review procedure and rules (as a new Code Chapter - #160), including binding design review within all the new form districts to be created by Ordinance #1. Vote: 7-2 (with Council member Dotson out of the room); and WHEREAS, such a protest, if it includes owners of 20% or more of the land area to be affected by a proposed zoning change (or 20% or more of the land area of properties immediately adjacent to that proposed to be rezoned), requires an affirmative vote of 75% or more of the Common Council (i.e., at least 8 votes) for passage of the zoning amendment in question; and WHEREAS, a review of the protest documents by the City’s Planning Department and Attorney’s Office has revealed the following: 1. 46 protest documents were submitted, involving approximately 95 properties (as some owners own multiple parcels). 2. Protests regarding 6 of the parcels were deemed inadequate by staff involved in the review, either because property identification was lacking, not all of the property’s owners signed the protest, or the protests were duplicative. 3. For the remaining 89 parcels, ownership was confirmed to be as stated in the protest, and location of the parcels within one or more of the areas proposed to be re-zoned was confirmed. 4. The protest represents approximately 27% of the land area within the area proposed to be rezoned into form-based districts – i.e., by Ordinance #1, above – or that would be affected by binding design review as proposed in Ordinance #4. 5. The protest represents approximately 15% of the land area within the Collegetown Parking Overlay Zone. now therefore be it May 12, 2011 4 RESOLVED, That, upon consultation with the City Attorney and the City’s Planning Department and consideration of their analysis of the protest, as summarized immediately above, the Common Council hereby makes the following determinations: 1. The zoning protest submitted on May 4, 2011, shall be treated as applying to the proposed zoning ordinances referenced above as #1, #2 and #3. 2. As for the protest of Ordinance #1, the protest exceeded the legal threshold of 20% (of the land area within the proposed, new form-based districts), and therefore required there to be at least 8 votes in favor of said ordinance. As a result, Ordinance #1failed to pass. 3. As for the protest of Ordinance #2, it likewise exceeded the 20% threshold, but since the ordinance was supported by 8 votes, the protest was overridden and Ordinance #2 was passed. 4. As for the protest of Ordinance #3, it did not represent 20% or more of the property included in the Collegetown Parking Overlay Zone, and it therefore is ineffective. Ordinance #3 was passed. 5. The protest shall be treated as not pertaining to Ordinance #4, because Ordinance #4 does not amend Chapter 325, does not establish “district regulations” as that term is used in the City Code, and does not “change the zoning description” of any area of the City. Therefore, Ordinance #4 was passed. City Attorney Hoffman offered a recap of the actions taken at the May 4, 2011 Common Council meeting including the protest that was filed. In order to override the protest, Common Council needed to have a 75% majority vote (8 votes); however, two ordinances only received 7 votes. The protest involved 95 different parcels but six parcels were disqualified by staff, leaving 89 parcels. The 89 parcels represent 27% of the land area proposed to be rezoned into form-based districts (20% of the land area is required by State law). The Ordinance to establish new “form-based zoning districts” is deemed not to be adopted due to lack of affirmative votes. The Ordinance to establish a height incentive overlay district was adopted by an 8-2 vote of Council. The proposed revision of the Collegetown Parking Overlay Zone was deemed adopted as it included a larger land area and the protest only represented 15% of the land area (20%). The Ordinance that established new design review procedures and rules was deemed adopted as the action was not covered by the language of the protest specifically, it did not change Chapter 325 and did not establish district regulations or zoning. City Attorney Hoffman noted that all four ordinances were inter-connected and were not written to stand independently of each other. Further discussion followed regarding the impact the failure to adopt the form-based zoning districts will have on the other ordinances. Alderperson Dotson disclosed that she works for Ithaca Carshare, located in Collegetown. Ithaca Carshare receives an on-going donation from one of the landlords involved in the protest. She further explained that she was not intentionally absent from the vote on the proposed design review procedures, and had intended to vote for the Ordinance. May 12, 2011 5 Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously 3.2 Suspension of the Implementation of Zoning Ordinance and Design Review Amendments Adopted on May 4. 2011 – Suggested Resolution Revised 5/12/111 By Alderperson Cogan: Seconded by Alderperson Myrick WHEREAS, the four ordinances concerning Collegetown re-zoning and/or modification of the City’s design review process, which the Common Council considered and acted upon at its meeting on May 4, 2011, are inter-related and were intended to be enacted as a package; and WHEREAS, one of the proposed ordinances (which would have established form-based districts, and repealed the existing design review procedure) failed to pass (as a result of the greater majority required by the property-owner protest submitted on that date), and WHEREAS, the remaining ordinances, which were in fact approved by the Council, nevertheless cannot be properly implemented or enforced in the absence of certain provisions contained in the failed ordinance, or without modification so as to make them “stand-alone” statutes; now therefore be it RESOLVED, That the Common Council hereby directs that the zoning and design review ordinances that were approved on May 4, 2011, not be published (by the City Clerk) without further authorization from the Council (in effect, temporarily “suspending” their enactment), in order to give the Council sufficient time to determine the appropriate course of action in this unusual situation. City Attorney Hoffman explained that pursuant to the City Charter, ordinances become effective upon their publication in the City’s Official Newspaper. This action directs the City Clerk not to publish the ordinances adopted by Common Council on May 4, 2011 so therefore they would not become effective at this time. Discussion followed on the floor regarding the modifications that would be needed to allow the three remaining ordinances to stand independently of the form-based zoning district legislation. Planning & Economic Development Director JoAnn Cornish explained that the Planning Department would like to see form districts come to a vote again in the near future. She noted the recent fire at Cook Place and voiced her concerns about the potential to re- develop the property to the maximum envelope and the reduced level of protection that the neighborhoods have under the current zoning provisions. The R3AA zoning regulations would not apply to Collegetown as it was being considered as part of the form districts. City Planner Megan Gilbert noted that the majority of the protests were filed by a minority of land owners that own a lot of property in Collegetown (4 families own more than 20% of the land area). Alderperson Rooker noted that some of the petitions were signed out of confusion and questioned what would happen if the land owners chose to revoke their petitions. City Attorney Hoffman stated that there is nothing in the law that applies to repealing petitions. City Attorney Hoffman stated that a public hearing for a re-vote on the form-based zoning districts should be published tomorrow if it is going to be considered at the June Common Council meeting. He briefly reviewed Robert’s Rules of Order regarding re- votes. Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously May 12, 2011 6 3.3 Attorney’s Office - Authorization for Home Rule Request to Correct Retirement Service Credit Erroneously Omitted by Another Employer By Alderperson Cogan: Seconded by Alderperson Mohlenhoff WHEREAS, Police Officer Michael P. Koval has been employed by the City of Ithaca (“City”) Police Department as a police officer since December 9, 1992, and WHEREAS, pursuant to New York State Retirement and Social Security Law § 384-d, the State offered an optional twenty (20) year retirement plan for police officers who choose to enroll in said plan, and WHEREAS, since his employment commenced with the City, Officer Koval has been enrolled in the § 384-d Plan, and WHEREAS, prior to his employment with the City, Officer Koval was employed as a police officer by the Village of Watkins Glen (“Village”) for the period of September 6, 1988 to July 1, 1991, and WHEREAS, the Village unintentionally but erroneously failed to enroll Officer Koval in the § 384-d Plan of the Retirement and Social Security Law for the period of September 6, 1988 to July 1, 1991, when he was employed as a police officer, through no negligence on his part, and WHEREAS, without service credit under § 384-d for his service in the Village, Officer Koval would not be eligible for retirement under the § 384-d Plan until on or about November 16, 2012, and WHEREAS, if Officer Koval is given service credit under the § 384-d Plan for his service in the Village he would be immediately eligible for service retirement under the § 384-d Plan, and WHEREAS, in order for Officer Koval to obtain service credit for the time period he was employed by the Village, the State of New York must enact special legislation and the City must make a home rule request, and WHEREAS, the fiscal implications of this home rule request would result in a past service cost contribution of approximately $66,000.00, and WHEREAS, the Village of Watkins Glen has agreed to pay $60,000.00 of the past service cost, and WHEREAS, Officer Koval has agreed to pay the remaining $6,000.00 of the past service cost by letter agreement dated January 26, 2011, and WHEREAS, the City itself will make no monetary contribution to the past service credit cost, and WHEREAS, the City will forward the total service credit cost of $66,000.00 to the New York State and Local Retirement System on behalf of Officer Koval, and WHEREAS, the Common Council of the City of Ithaca believes that it would be in the best interest of the City to request the New York State Legislature to adopt such home rule legislation; now, therefore be it RESOLVED, As follows: 1. The Mayor is hereby authorized to request the New York State Assembly and New York State Senate to enact legislation to allow Police Officer Michael P. Koval to obtain service credit under § 384-d of the Retirement and Social Security Law for the police service he rendered with the Village of Watkins Glen from September 6, 1988 to July 1, 1991; 2. The Mayor or her designee is hereby authorized to execute and to submit any documentation or related paperwork that may be required to implement Officer Koval’s obtaining his service credit under § 384-d of the Retirement and Social Security Law for the police service he rendered with the Village of Watkins Glen May 12, 2011 7 from September 6, 1988 to July 1, 1991, provided that such implementation does not require the City itself to make or to advance any monetary contribution to such service credit cost and with the understanding that the City will forward the total service credit amount of $66,000.00 to the New York State and Local Retirement System when it is paid for by Watkins Glen and the officer. Carried Unanimously Process to Fill First Ward Vacancy Mayor Peterson explained that effective July 7, 2011, there will be a vacancy in a First Ward Common Council seat due to the resignation of Alderperson Maria Coles. The City of Ithaca Charter states that Common Council “shall” fill the vacancy. City Attorney Hoffman distributed a memo that explains that there are no rules in the Charter or State law as to how that vacancy shall be filled. In the past, Common Council has opened the floor for nominations, and Council votes on each nomination. Six votes are needed for a nomination to be approved. Mayor Peterson explained that the First Ward Democratic Committee has sent her a nomination for consideration. There are two people who have expressed interest in running for the office; however candidates are not required to file their petitions for Council seats until late July/early August. She noted that she would like to have the vacancy voted on at the July meeting. Discussion followed on the floor whether to accept the First Ward Democratic Committee nomination as has been the practice in the past or to advertise the vacancy and consider the applications received. Alderperson Cogan noted that it would be great to seek out a person with prior experience as they will only be filling the seat for 5 months and a difficult budget process is looming in the near future. Alderperson Rosario noted that he would prefer to open the nomination process up to anyone in the First Ward who is interested in serving. It was decided that the Mayor would prepare a news release requesting that letters of interest and resumes be forwarded to the City Clerk’s Office by a deadline. The news release will include the expectations of work load and salary information. ADJOURNMENT: On a motion the meeting adjourned at 7:45 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor