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HomeMy WebLinkAboutMN-CC-2014-10-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. October 1, 2014 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming, Smith, Kerslick, Martell, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Chief of Staff - Sutherland Building, Planning, Zoning & Economic Development Director – Cornish Director of Engineering – West Sidewalk Program Manager – Hathaway Housing & Land Use Supervisory - Leonardi PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. DDITIONS TO OR DELETIONS FROM THE AGENDA: City Administration Committee: Alderperson Mohlenhoff requested that Item 9.1 A, B, C regarding the Transfer of Property at 320-324 E. Martin Luther King Jr./E. State Street to the Ithaca Urban Renewal Agency (IURA) to Undertake an Urban Renewal Project for Development of a 120-room Hotel be withdrawn from the agenda. No Council member objected PROCLAMATIONS/AWARDS: Mayor Myrick proclaimed October 25, 2014 as Into the Streets Day. Into the Streets is a student-directed program and is Cornell University's biggest day of service. In its 23rd year, Into the Streets has grown to be a two-day service event (October 24-25) that allows students to learn about and strengthen ties with the surrounding community. SPECIAL ORDER OF BUSINESS: 4.1 Presentation of Annual Employee Recognition Award Mayor Myrick announced that Scott Kronenbitter, Manager of Electronic Communications has received the City’s Annual Employee Recognition Award. Mr. Kronenbitter was nominated for his hard work in implementing a new e-mail system for the organization. This project was complex given the different elements involved including the migration of all e-mail and calendars from one system to another; the number of user accounts; the growing dependence on e-mail as a communication, documentation, and scheduling tool; the introduction of the City’s first web based e-mail system, the legal requirements related to e-mail archiving; and the increase in the use of and dependence on mobile devices. Mr. Kronenbitter worked hard to ensure that employees obtained appropriate information and training so disruption to daily operations was minimal. 4.2 A Public Hearing Regarding the Proposed Assessment Roll, Budget, and Schedule of Work for Each Sidewalk Improvement District for Fiscal Year 2015 Resolution to Open Public Hearing: By Alderperson Kerslick: Seconded by Alderperson McCollister RESOLVED, That the Public Hearing Regarding the Proposed Assessment Roll, Budget, and Schedule of Work for Each Sidewalk Improvement District for Fiscal Year 2015 be declared open. Carried Unanimously No one appeared to address Common Council. October 1, 2014 2 Resolution to Close Public Hearing: By Alderperson Smith: Seconded by Alderperson Kerslick RESOLVED, That the Public Hearing Regarding the Proposed Assessment Roll, Budget, and Schedule of Work for Each Sidewalk Improvement District for Fiscal Year 2015 be declared closed. Carried Unanimously SPECIAL PRESENTATIONS BEFORE COUNCIL: Ithaca Commons Repair & Upgrade Project Update Project Manager Michael Kuo and Director of Engineering Tom West made a presentation on the status of the Commons Project and the progress made to date which includes:  Demolition of the structures and pavement on the Commons  Installation of electrical vaults  Replacement of utilities: water, sewer, storm water, gas, electric, telecom  Service connections to buildings  Pouring of concrete base in Bank Alley  Installation of underground infrastructure for water feature  Placement of bases for light poles and bollard foundation  Work in intersections Extensive discussion followed on the floor regarding the project schedule and how the disruption of the sequencing of work following the truck accident at the intersection of East State/Martin Luther King, Jr. and Aurora Streets impacted the project. Director of Engineering West and Project Manager Kuo explained that the closing of the intersection to facilitate the stabilization of the Simeon’s building prevented NYSEG from completing work in that area. NYSEG crews moved to a different project location but the disruption in the sequencing of the work meant that other tasks were also delayed. As an example, the bases for the light poles could not be installed until NYSEG retired the old gas main because the pole bases are located on top of it. Further project delays resulted due the lack of crews that NYSEG allocated for this work. Director of Engineering West explained that NYSEG was balancing multiple projects in and around the City including the Clinton Street project, Cultivare, Hotel Ithaca, etc. He further described how NYSEG’s operational procedures added to a delay in material deliveries. City Attorney Lavine noted that the City does not have a contractual agreement with utility companies and therefore has no leverage in compelling a company to deploy additional crews to keep a project on schedule. Project Manager Kuo reported that there would be a meeting with Commons property and business owners on Thursday, October 9th at 8:30 a.m. in City Hall to discuss different options such as working on the weekends and through the holiday shopping season to accelerate the project schedule as much as possible. He further stated that the Project Team met with the owners of the construction companies working on this project to clarify the priorities of the City, and they agreed to double the number of crews working on the Commons. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Jerry Martins, Now You’re Cooking, submitted a petition signed by 51 people associated with downtown businesses that stated “We want the Commons Renovation Project completed with no further excuses or delays.” He further detailed the negative impact that the project has had on property owners and described several businesses as “being on the edge”. He requested the City’s help and made several suggestions such as providing more pedestrian “cut-throughs”, improved walkways, and holiday lighting displays. Matthew Peterson, Titus Gallery, stated that the Gallery has lost significant business throughout the construction project and the City has not done anything to mitigate it, including an offer to provide free parking. October 1, 2014 3 Susan Titus, Titus Gallery, described what other countries do to mitigate construction impacts on affected businesses. She asked what the City of Ithaca would be doing to help stores recover lost income. She noted that the Mayor or Common Council members have not stopped by the Gallery to check in on them during the project or even after the truck accident that also damaged her building. Barbara Lynn, Now You’re Cooking, stated that they’ve experienced a huge decrease in retail sales and water damage to their building due to the Commons construction project. She noted that everyone denies responsibility for the damage and business owners have not received any help from the city. David Abdulky, Mansour Jewelers, reported that he had water damage in the basement of his building related to downspouts not being connected to the storm sewer system. He stated that he has not been able to obtain answers about what happened and how it will be corrected. Joel Harlan, Town of Newfield, voiced concerns regarding panhandling on the Commons and the increase in crime in the City. Joan Lawrence, City of Ithaca, raised concerns regarding pot holes and street maintenance throughout the City. She questioned how she could request that her street be placed on the list of upcoming paving projects. She asked the Mayor and Common Council to seriously reconsider cuts to the 2015 Department of Public Works budget. Jonathon Cummings, Ithaca College Democrats, introduced himself to Common Council and stated that he looks forward to opportunities to meet with them and collaborate on issues. Sylvia Allinger, Body Gear, stated that after a strong start, her business is struggling to stay alive. She noted that due to the construction project more customers have turned to on-line sales for the sake of convenience. She noted that she has been talking to banks regarding needed loans and two of them have advised her to move her business off of the Commons. Domenica Brockman, Petrune, stated that the City has created a hostile environment for customers and they have lost $50,000 in sales this year as a result. She stated that the number one thing that keeps people away is parking issues and voiced her frustration regarding enhanced enforcement efforts. She requested that the City provide free parking downtown. Andrea Koschmann, Bloom in Ithaca, described her businesses history as an incubator project and their philosophy regarding investing in the local economy. She stated that their store is now closed three days a week because she and her business partner have had to find other jobs to support their families. She stated that mothers with children are avoiding the Commons due to the construction dust, noise, and uneven walking conditions. She asked the City to make a gesture to show a commitment to the businesses and bolster morale. She suggested that small grants of $3,000 and or paying for the services of a web developer to help local businesses advertise and offer on-line sales would be helpful. Emma Lou Sheikh, T-Shirt Express, described the conditions of the carpets in all of the stores as result of the construction project. She went on to explain the difficulties she’s experienced in trying to rent a retail space in a prime location on the Commons during the construction project. Ken Vineberg, City of Ithaca, addressed concerns regarding the proposed Zoning Ordinance amendment regarding decks being considered as part of lot coverage. He explained that not all decks constitute an obstruction to light, air and view and suggested that the measurement used should be 24” or 36”. Adil Griguitti, Casablanca, stated that the Commons Project needs a strong leader to bring the project in on time. He stated that merchants are tired of excuses and need the October 1, 2014 4 job to be completed as soon as possible. He noted that he is $80,000 in debt and is using personal financial resources to keep his business afloat. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick thanked all of the speakers for sharing their concerns. He detailed several steps that the City has taken to assist the business owners during this project but noted that it is not enough and the City needs to do more. He described all of the development projects that will be coming on-line shortly that will help to boost the downtown economy. He stated that the first step will be to have the meeting with the business and property owners on October 9th where discussions about project scheduling can occur. He noted that properties owners who have experienced damage to their buildings as a result of the project, should contact the City Clerk’s Office to file a claim, and also advised them to contact the Tompkins County Assessment Department if they feel their property assessments should be adjusted due to the construction project. Mayor Myrick affirmed how much the City cares about the business owners on the Commons and how important it is to everyone that the Commons is successful. He encouraged everyone to stay engaged in the dialog as the project progresses. Alderperson Murtagh noted how distressing it was to hear the collective voices of the business and property owners on the Commons and echoed their sentiments on how frustrating delays to the project have been. He encouraged staff to do whatever they can to move the project along and agreed with the suggestions of additional cut- throughs, lighting, that could give some immediate relief. Alderperson Kerslick thanked the speakers for coming and noted that he is very sympathetic to the concerns that have been raised. He stated that the City has a responsibility to see what can be done, and voiced his support for exploring the idea of free parking. Alderperson McGonigal agreed with the comments made by his colleagues, noting that he did not realize that things had gotten this bad and feels as if Common Council should have been better informed about this situation sooner. Alderperson Clairborne thanked the speakers for providing a “reality check”. He stated that he is looking forward to brainstorming ideas on how the City can help. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Planning, Building, Zoning and Economic Development Department - Request Funds for Computer Software Development - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Planning, Building, and Economic Development Department proposes to develop a computer software program to computerize workflow processes for the Planning, Building, Zoning, and Landmarks Preservation approval procedures, and WHEREAS, the current approval process for developers, contractors, and homeowners is lengthy, intricate, and requires multiple actions from department and the applicant. The need for approval is dependent on a review process that refers the applicant from one division to another. The process leads to multiple applications, submittals, and pertinent information necessary to acquire the approval required to permit the construction of a project, and WHEREAS, the Department has contacted a computer software developer to program the existing Building Division’s database to include a web-based Master Application and the computerization of the associated workflow processes for the Planning, Building, Zoning, and Landmarks Preservation approval procedures, and WHEREAS, the cost to implement the developed solution is $30,000 for the custom programming and integration to the existing database, and October 1, 2014 5 WHEREAS, part of the 2014 authorized budget, $30,000 was placed in Restricted Contingency for computer software development related to Planning, Building and Economic Development workflow processes; now, therefore be it RESOLVED, That City staff has reviewed the current Planning, Building and Economic Development database software applications and have determined that additional custom programming and applications are necessary to improve the current application workflow process, and be it further RESOLVED, That Common Council hereby authorizes the Controller to transfer an amount not to exceed $30,000 from account A1990 Restricted Contingency to Account A8020-5435 Planning, Building, Zoning, and Economic Development Department for the purpose of funding the said computer development. Carried Unanimously 8.2 Planning, Building, Zoning and Economic Development Department Request Funds for Computer Software Development - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Planning, Building, Zoning, and Economic Development Department (the Department) proposes to develop a computer software program to computerize workflow processes for the Exterior Property Maintenance process, and WHEREAS, the current process for Exterior Property Maintenance enforcement is performed primarily by hand and delays in notifying owners of EPM violations is causing issues between the landowners and the enforcement personnel. Ongoing complaints necessitate the need to streamline the process, improve document routing procedures, notify property owners, and minimize repeated offences, and WHEREAS, the Department has contacted a computer software developer to program the existing Building Division’s database to include a web-based process for Exterior Property Maintenance computerization of the associated workflow process, and WHEREAS, the cost to implement the developed solution is $6,954 for the custom programming, web access and integration to the existing database, and WHEREAS, these funds were not anticipated as part of the 2014 authorized budget, but could be used from the Unrestricted Contingency Account, which has a current balance of $77,628; now therefore be it RESOLVED, That Common Council hereby authorizes the Controller to transfer an amount not to exceed $6,954 from account A1990 Unrestricted Contingency to Account A8020-5435 Planning, Building, Zoning, and Economic Development Department for the purpose of funding the said computer development. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 9.1 Transfer of Property at 320-324 E. Martin Luther King Jr./E. State Street to the Ithaca Urban Renewal Agency (IURA) to Undertake an Urban Renewal Project for Development of a 120-room Hotel - Resolution A. Declaration of Lead Agency for Environmental Review - Resolution This item was withdrawn from the agenda B. Determination of Environmental Significance - Resolution This item was withdrawn from the agenda. C. Transfer of Property - Resolution This item was withdrawn from the agenda. October 1, 2014 6 9.2 Proposed Policy to Increase the Use of Bicycle and Foot Patrols by the Ithaca Police Department - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Bicycle Pedestrian Advisory Council passed a resolution to encourage the continuation and increased use of bicycle and foot patrols by the Ithaca Police Department, and WHEREAS, the Ithaca Police Department officers who choose to complete training and work on bike patrol are an additional asset to the community; and WHEREAS, these officers on bicycles are much more visible and accessible to the public including general communication and establishing rapport with the community, a method which may be useful in improving community-police relations; and WHEREAS, compared to motor vehicle patrols, bicycle or foot patrols reduce the amount of fossil fuels burned and save the department money; and WHEREAS, the officers on bicycles are making an additional commitment to their physical condition and strength through this choice; and WHEREAS, bicycle officers are able to patrol areas that are less accessible or are inaccessible to motor vehicles while simultaneously able to move more quickly than officers on foot patrol; and WHEREAS, Common Council recognizes the importance of encouraging officers to work the bicycle and foot patrol shifts, and WHEREAS a City of Ithaca Police Department Bike Patrol Policy is in development as part of the department’s accreditation process; now, therefore be it RESOLVED, That Common Council hereby supports and encourages the use of bicycle and foot patrols by the Ithaca Police Department. Alderperson Mohlenhoff noted that this Resolution was forwarded for consideration by the Bicycle Pedestrian Advisory Council. The development of a policy for bicycle patrols is also part of the Ithaca Police Department’s accreditation program. Amending Resolution By Alderperson Clairborne: Seconded by Alderperson McGonigal RESOLVED, That the Resolved clause be amended to read as follows: “RESOLVED, That Common Council hereby supports and encourages an increase in the use of bicycle and foot patrols by the Ithaca Police Department.” Alderperson Mohlenhoff explained that the original Resolution included that language but the City Administration Committee decided to remove those words because they did not feel as if they were in a position to encourage an increase in bicycle and foot patrols given the current budget and staffing conditions. A vote on the Amending Resolution resulted as follows: Ayes (2) Brock, Clairborne Nays (8) McGonigal, Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff, Martell Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously October 1, 2014 7 9.3 City Controller Report – 2015 Budget Presentation Mayor Myrick and Chief of Staff Sutherland gave a presentation on the Mayor’s recommended budget. They explained that in order to preserve services at current levels and support strategic investments, the City of Ithaca tax levy will increase by 3.89%; however, property owners will see a decrease in their tax rate by $.28 per $1,000 (from $13.12 to $12.84). For example, using the median home value in Ithaca: $190,000: 2014 Tax Bill: $2,482 2015 Tax Bill: $2,439 A decrease of $53 for the average taxpayer The Mayor’s 2015 Proposed Budget includes strategic investments in the Ithaca Police Department and Department of Public Works budgets. The Mayor is proposing: • 15% increase in Police Officers, including the Community Action Team • Body Cameras • Downtown Outreach Worker • Street Improvement – more focus on road work in 2015 » 200k in capital budget for Asphalt » Outsource sidewalk work to move crews over to road maintenance Other financial considerations taken into account during budget development include: Economic Development – The increase in assessed property values from 2013 to 2014 was 6.16%. Taxable value as a percentage of the whole is increasing. In 2012 it was 38.1%, in 2013 it was 38.6%, and this year it has increased to 39.8%. Lowering Costs through Reforms – Merger of departments • Public Information and Technology • Planning, Building, Zoning and Economic Development • Finance Department – Restructuring of Debt – Retirement Incentive in 2012 Shifting costs to larger corporations and not-for-profits  Sidewalk Districts  Stormwater Utility A question and answer period followed the presentation regarding the Ithaca Police Department, Department of Public Works and the Ithaca Youth Bureau departmental budgets. Alderperson Mohlenhoff left the meeting at 8:15 p.m. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” Article IV, Section 325-12, in Order to Make Minor Non Substantive Changes Regarding the Common Council Approval Process for Planned Unit Developments (PUDs) By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, on July 2, 2014, the Common Council adopted legislation allowing for the City to establish Planned Unit Development (PUD) districts on any property in the City currently zoned for industrial uses, and WHEREAS, the adopted PUD Ordinance contained language that would require the Planning Board to serve as lead agency on the associated environmental review and require a project to receive a negative declaration of environmental significance in order to be considered eligible for a Planned Unit development, and October 1, 2014 8 WHEREAS, a proposed project may complete its environmental review even if it receives a positive declaration of environmental significance as long as it is able to adequately mitigate the environmental impacts, and WHEREAS, the Planning Board may not serve as lead agency in all instances, because, for example, Common Council could choose to serve as lead agency, and WHEREAS, in order to allow for these projects to be eligible for PUDs, the language of the ordinance must be amended to allow for projects that have adequately completed environmental review, so that the project can progress through construction, to be considered by the Common Council for PUD approval; now therefore ORDINANCE NO. 2014-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Article IV, Section 325-12 of the Municipal Code of the City of Ithaca be amended as follows: Section 1: Chapter §325-12.G.[8], [9], [11], and [12] shall be deleted in their entirety and replaced, respectively, with: [8.] Site Plan Review Application - Applicant submits a site plan review application. The Planning Board commences the environmental review process in compliance with the State Environmental Quality Review Act (SEQRA) and the City Environmental Quality Review Ordinance (CEQRO) and conducts the normal site plan review process. To the extent that the Planning Board declares its intent to be the lead agency for the environmental review of the project and the PUD, the Planning Board notifies all other involved agencies including the Common Council. [9.] RESERVED. [11.] RESERVED. [12.] Common Council Consideration of the PUD - When and if the Planning Board has completed its environmental review of the project to the extent required under SEQRA and CEQRO and has issued a contingent site plan approval, the project will return to the Common Council for final consideration of the adoption of the PUD. Final Council approval, if any, shall be granted via ordinance. Section 2. 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 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Carried 9-0 Alderperson Mohlenhoff absent from vote October 1, 2014 9 10.2 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section 325-3, entitled, “Definitions and word usage” to add clarifying language to the definitions of “Building”, “Building Area”, and “Structure” A. Declaration of Lead Agency for Environmental Review - Resolution By Alderperson Murtagh: Seconded by Alderperson Martell WHEREAS, State Law and Section 176-6 of the City Code 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 “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the Municipal Zoning Code in order to correct inconsistencies pertaining to maximum percentage of lot coverage.       Carried 9-0 Alderperson Mohlenhoff absent from vote B. Determination of Environmental Significance - Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Zoning Code in order to correct inconsistencies pertaining to maximum percentage of lot coverage, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), and WHEREAS, this zoning amendment has been reviewed by the Tompkins County Planning Department Pursuant to §239-l–m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an “Unlisted” 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 SEAF 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 Short Environmental Assessment Form, 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 9-0 Alderperson Mohlenhoff absent from vote October 1, 2014 10 C. Adoption of Ordinance By Alderperson Murtagh: Seconded by Alderperson Kerslick ORDINANCE NO. 2014- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, of the Municipal Code of the City of Ithaca, entitled “Zoning”, be amended as follows: Section 1. Chapter 325 entitled “Zoning”, Section 325-3, entitled, “Definitions and word usage” is hereby amended to add additional clarifying language to the definitions of “Building”, “Building area”, and “Structure” to read as follows: “Building” - Any structure wholly or partially enclosed within exterior walls or within exterior and/or party walls and a roof, affording shelter to persons, animals, or property, including porches. (See “structure”.) “Building Area” – The total area (taken on a horizontal plane at the main grade level) of the principal building and all accessory buildings, including porches, attached or free standing decks, balconies projecting more than two feet from a building or structure, ramps, and/or landings. The total building area shall be used for determining required yards and maximum percentage of allowed lot coverage but shall not include parking areas and parking spaces. Pergolas, and terraces and patios shall be exempt from total lot coverage requirements. However, neither pergolas or terraces and patios above grade shall be located in a required yard. “Structure” – Anything constructed or erected on the ground or is attached to another structure or building. Structures shall not include patios or terraces. Section 2. Chapter 325 entitled “Zoning”, Section 325-3, entitled, “Definitions and word usage” is hereby amended to add the following new definitions for “Deck”, “Pergola”, “Porch”, and “Terrace or Patio”: “Deck”- A “structure” freestanding or attached to a building or an above ground swimming pool, consisting of one or more planes constructed of wood, metal, and/or other materials including a support system of footings and foundation walls and/or, piers, pilasters, columns, and posts, joists, beams, stringers, floor boards, and/or similar structural members, and including, any open enclosure, ramps, and/or landings and other devices connecting one level with another, with the ground and/or an adjoining structure and, if required by building code, balusters and railings. “Pergola”- An arbor or passageway for climbing plants with an overhead frame supporting open lattice work. “Porch”- A structure projecting from the wall or walls of a building, with a roof, that may be open to weather or wholly or partially enclosed with walls. A porch shall be deemed part of the building. “Terrace or patio”-. A level plane or surfaced patio that is less than 18 inches above grade, without a roof, and not supported by any permanent structure. Terraces and patios above grade shall not encroach into required yards. Section 3. Chapter 325 entitled “Zoning”, Section 325-8A.(10) “Column (10): Maximum Percentage of Lot Coverage by Buildings”, be amended to read as follows: On a lot hereafter used, no greater percentage of total lot area may be covered by principal and accessory buildings above ground. For this purpose, the area covered by principal and accessory buildings shall include all porches, attached or freestanding decks, balconies projecting more than two feet from a building or structure, ramps, and/or landings. This sum, divided by the total lot area, shall not exceed the maximum allowed percentage of lot coverage specified in this column. October 1, 2014 11 Section 4. Chapter 325 entitled “Zoning”, Section 325-18, entitled “Yard regulations” is hereby amended to add clarifying language to section 325-18A., entitled “Porches”, to read as follows: Section 325-18A. Porches and structures. All porches, attached or freestanding decks, balconies projecting more than two feet from a building or structure, ramps, and/or landings shall be considered a part of the building in both the determination of required yards and lot coverage. 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. Discussion followed on the floor regarding decks in relation to lot coverage. Director of Zoning Administration Radke explained that there is a need to clarify the language in the City Code for enforcement purposes. Alderperson McCollister asked whether the decision on this legislation should be delayed one month for further discussion on permitted heights and whether permanent structures would be allowed beneath them. She further noted that some definitions may need to be modified. After further discussion it was agreed that the legislation would be approved as is for immediate enforcement issues and the legislation would be referred back to the Planning & Economic Development Committee for further discussion and possible amendment. A vote on the Ordinance resulted as follows: Carried 9-0 Alderperson Mohlenhoff absent from vote 10.3 Community Investment Incentive Tax Abatement Program (CIITAP) Amendments – Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the Community Investment Incentive Tax Abatement Program (CIITAP) provides financial incentives through the Tompkins County Industrial Development Agency (IDA) to encourage appropriate real estate and business investment in the core areas of the City and redevelopment of environmentally contaminated sites, and WHEREAS, the CIITAP program requires a two-step application process whereby applications must first satisfy minimum City of Ithaca eligibility requirements to advance for consideration by the IDA, and WHEREAS, there are currently three eligibility criteria for a CIITAP application to be approved by the City for IDA consideration: 1. Project size – project will increase the assessed value of property by at least $500,000; 2. Project density – project will contain a minimum of 3 stories or constitute a major restoration of an existing building; and 3. Project location – project is located within the Density District or includes a DEC- listed inactive hazardous waste site, and WHEREAS, a CIITAP applicant who is delinquent on taxes, assessments, fees or penalties due to the City or owns one or more properties with one or more violations of local laws or regulations should not be eligible for special assistance through the CIITAP program until the applicant and all properties owned by the applicant come into compliance, and October 1, 2014 12 WHEREAS, requiring a CIITAP applicant to remedy existing violations or delinquencies as a condition of eligibility may eliminate violations and bring properties into voluntary compliance without expending enforcement resources; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby amends its Community Investment Incentive Tax Abatement Program policy to include the following fourth eligibility criterion: 4. Municipal compliance – each property in the City of Ithaca owned by the Applicant must be in full compliance with all applicable local laws and regulations, consent agreements, and orders of the Director of Code Enforcement, and current on all taxes, assessments, fees and penalties due to the City, and be it further RESOLVED, for the purposes of the CIITAP municipal compliance requirement, the Applicant shall be deemed to include the following, whether they are natural persons, business entities, or other forms of organization:  For a sole proprietorship, the sole proprietor;  For a Limited Liability Corporation (LLC), all members owning 20% or more of the entity;  For a partnership, all general partners and all limited partners owning 20% or more of the equity of the firm; and  For a corporation, all owners of 20% or more of the corporation and each officer and director; and be it further RESOLVED, for the purposes of the CIITAP municipal compliance requirement, properties owned by the Applicant in the City of Ithaca shall include any property for which an Applicant has an ownership interest of 20% or more. Discussion followed on the floor regarding the Tax Abatement Policy, the level of Common Council involvement in the decision making process, and whether there is a need for programmatic changes at this time. It was agreed that further discussion regarding amendments to the Tax Abatement Policy would be deferred to the October 8, 2014, Planning & Economic Development Committee meeting. A vote on the Resolution resulted as follows: Carried 9-0 Alderperson Mohlenhoff absent from vote MAYOR’S APPOINTMENTS: 14.1 Bicycle Pedestrian Advisory Council – Resolution By Alderperson Martell: Seconded by Alderperson Smith RESOLVED, That David West be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2017. Carried 9-0 Alderperson Mohlenhoff absent from vote REPORTS OF COMMON COUNCIL LIAISONS: Ithaca Landmarks Preservation Commission (ILPC) Alderperson McCollister reported that the ILPC has been discussing a proposal for a property on Eddy Street which is located in the R-3 zone. The owners were looking to pave over the backyard. She also noted that the ILPC has received requests to add solar panels to historic properties. She stated that these types of discussions are difficult given the City’s desire to promote environmentally friendly initiatives such as Stormwater mitigations or solar power and the Commission’s charge in considering things like aesthetics. Disability Advisory Council (DAC) Alderperson Brock reported that members of the DAC will be attending the November Planning Board, Board of Public Works, Planning & Economic Development Committee and Common Council meetings to present the findings and information gathered from the public survey they conducted earlier this year. October 1, 2014 13 Tompkins County Council of Governments (TCCOG) Alderperson Clairborne reported that TCCOG will be discussing municipal contributions to TCAT. TCAT representatives have been invited to attend to discuss various funding options. He further reported that he has requested an update on the status of the Taxicab legislation in an effort to get this project back on track. REPORT OF CITY CLERK: City Clerk Holcomb reminded Council members that the next orientation/training session, Budget Basics, is scheduled for October 2, 2014 at 4:00 p.m. in Common Council Chambers. The presenter will be City Controller Steven Thayer. REPORT OF CITY ATTORNEY: 17.1 Motion to Enter Into Executive Session to Discuss Pending Litigation - Resolution By Alderperson McCollister: Seconded by Alderperson Fleming RESOLVED, That Common Council enter into Executive Session to discuss pending litigation. Carried 9-0 Alderperson Mohlenhoff absent from vote Reconvene: Common Council reconvened into regular session with no formal action taken. Request to Fund Additional 2014 Litigation Costs: By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, the City Attorney has estimated that additional litigation expenses for the remainder of 2014 will be approximately $150,000, and WHEREAS, the 2014 authorized budget for litigation costs will be exceeded with the payment of these estimated costs, and WHEREAS, these additional litigation costs will need to be funded from other existing 2014 budget funds and/or from Unassigned Fund Balance; now, therefore, be it RESOLVED, That Common Council hereby authorizes the City Controller to pay said additional litigation cost estimate of $150,000 from existing 2014 Budget Authorizations and/or by a 2014 budget amendment using Unassigned Fund Balance. Carried 9-0 Alderperson Mohlenhoff absent from vote MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the September 3, 2014 Common Council Meeting Minutes – Resolution Approval of the September 3, 2014 Common Council meeting minutes was deferred until the November meeting. ADJOURNMENT: On a motion the meeting adjourned at 9:45 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor