HomeMy WebLinkAboutMN-CC-2016-06-01COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. June 1, 2016
PRESENT:
Mayor Myrick
Alderpersons (9) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Smith, Kerslick,
Martell, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Building - Planning & Development Director – Cornish
Community Development Director – Bohn
Human Resources Director – Michell-Nunn
GIAC Director – McBean-Clairborne
Youth Bureau Director Vance
EXCUSED:
Alderperson Fleming
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
New Business:
Mayor Myrick requested the addition of Item 12.1 to the agenda: Appointment of
Marriage Officer for the month of June 2016.
No Council Member objected
PROCLAMATIONS/AWARDS:
Quarterly Employee Recognition Award
Mayor Myrick presented the Quarterly Employee Recognition Award to Firefighter Jason
Fulton. Firefighter Fulton was nominated by Lt. George Apgar for all of the additional
tasks he has taken on at the Ithaca Fire Department such as maintaining the vehicle
and hand lights on all of the apparatus, building racks for backboards in the EMS room,
creating more efficient work environments, and more. His hard work has saved the City
money, reduced the amount of equipment down time, made work spaces more usable,
and most importantly has enhanced firefighter and public safety.
Historic Ithaca – 50 Year Anniversary
Mayor Myrick proclaimed June 20, 2016 as Historic Ithaca Day in the City of Ithaca. He
highlighted Historic Ithaca’s many contributions to the community and encouraged
everyone to join in 50th Anniversary celebration.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Presentation by the City of Ithaca Youth Council:
Marty Schreiber, Program Coordinator for Ithaca Youth Council and members of the
Youth Council reported on their recent activities:
Warm clothing drive
Kick Butts Day
Survey of youth on relationships with the Ithaca Police Department
Community Service Day
Working with the Youth Farm Project in Danby
Working with the Ithaca Police Department Explorer Group
June 1, 2016
2
They described the potential that the program has, the importance of giving youth a
voice in current issues, and how the experience of serving on the Youth Council has
made them want to become more active in the community.
Mayor Myrick thanked the Youth Council for their great work and noted how proud he
was to see how committed the members are. As a founding creator of the Ithaca Youth
Council, he commented on how they had exceeded his highest expectations for the
group.
5.2 Update/Presentation For Southside Community Center Task Force:
Human Resources Director Schelley Michell-Nunn, GIAC Director Leslyn McBean-
Clairborne, Richard Onyejuruwa, and Kaliel Griffith made a presentation to Common
Council on the progress that the Southside Community Center Task Force has been
making. They discussed the following items:
The history of the Southside Community Center and the role the center
has played in the lives of community members.
The existing challenges the center faces
The charge of the Task Force
A model for merger: including programs, costs, priorities, and services
Next steps
Mayor Myrick and Alderpersons Smith and Brock thanked the Task Force for all of their
work. Alderperson Brock stated that she is supportive of the merger proposal noting
that GIAC and the Southside Community Center both have space limitations but in spite
of that, they do a great job of bringing the neighborhood together.
Alderperson Mohlenhoff stated that this is challenging but important work. She noted
that it was wonderful to learn more about the proposal and she is looking forward to
hearing more details as they are developed. She asked if there were plans to do a
qualitative analysis of the current programs. Mr. Griffith responded that they have
started doing one indirectly as part of studying the space, starting with the computer and
recording programs.
GIAC Director McBean-Clairborne stated that the Southside Community Center staff
has been amazing through all of the transitions the center has undergone. She noted
that change is hard but they recognize the need for it.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Monika Roth, City of Ithaca/Cornell Cooperative Extension voiced her support for the
pilot chicken program, stating that the Cooperative Extension would be providing
chicken keeping training, phone advice, and would be focused on keeping chicken
owners networked and linked to resources.
Ashley Miller, City of Ithaca, addressed Council regarding the Lake Street property
legislation. She stated that Ithaca Falls is a scenic, magnificent natural feature that
needs to be protected. She voiced her opposition to the sale of 401 Lake Street.
Joe McMahon, City of Ithaca/Chair of the Natural Areas Committee, stated that the City
has learned a lot since the Ithaca Gun factory was in operation. He commented that the
City would not allow a house to be built on the 401 Lake Street site now, and voiced his
support for the demolition of the vacant property.
Amanda Zerilli, City of Ithaca, voiced her support for the pilot chicken program and
noted how impressed she is with the cooperation of the Cornell Cooperative Extension.
Dan Hoffman, City of Ithaca / Natural Areas Committee (NAC) member voiced his
support for the recommendation of the NAC to demolish the house at 401 Lake Street.
He stated that this is a historic opportunity to enhance a natural feature. He further
stated that the Fall Creek Management Plan has never been developed as required,
June 1, 2016
3
and noted that the intent of the plan was to preserve and restore the natural qualities of
this area.
Joanie Groome, City of Ithaca, voiced her opposition to the removal of language in the
proposed chicken legislation that prohibited the slaughtering of chickens on premise.
She asked Common Council to consider an alternative of requiring that chickens be
slaughtered at professional farms.
Robert Boothroyd, City of Ithaca, voiced his support of the proposed chicken ordinance
and shared his experiences in raising chickens. He noted that he agrees with Ms.
Groome regarding the issue of slaughtering chickens on premise.
Thomas Shelley, City of Ithaca, voiced his support for the Natural Areas Committee
recommendations regarding 401 Lake Street. He further voiced his support for the
proposed chicken ordinance and recited a reference in the Comprehensive Plan (Plan
Ithaca) regarding creating and maintaining sustainable local food sources.
Betsy Darlington, City of Ithaca, voice her support for the demolition of the house at 401
Lake Street, noting that Ithaca Falls is a major tourist attraction.
Kirianne Riehl, Town of Ithaca spoke in favor of the proposed Ithaca Welcomes
Refugees legislation.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson McGonigal thanked all the speakers for sharing their thoughts and noted
that you cannot see Ithaca Falls from the house at 401 Lake Street due to all of the
trees and foliage.
Alderperson Kerslick thanked the speakers. He stated that he believes the City needs
to do a better job of construction coordination and that he and the Collegetown
neighborhood is feeling the loss of TCAT bus service.
Alderperson Murtagh stated that Ithaca Falls is an iconic site and in the context of the
environment, he supports the demolition of the vacant house at 401 Lake Street. He
further thanked the speakers for sharing their thoughts on the pilot chicken program
noting that he will support that legislation.
Alderperson Martell thanked the speakers for coming out and noted that she will be
supporting the demolition of the vacant house at 401 Lake Street and the proposed pilot
chicken program.
Alderperson Brock noted that she is on the fence about 401 Lake Street as the
presumption is that if the City retains the property, the house would be demolished.
She stated that a higher priority for her would be to demolish the dilapidated building on
Giles Street at the First Dam that has caused injuries to people who have climbed on it
and jumped into the gorge. She further stated that if the house at 401 Lake Street was
occupied it would deter squatters in the natural area, noting that the City has a problem
with this issue.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works – Amendment to Personnel Roster -
Resolution
By Alderperson Martell: Seconded by Alderperson Mohlenhoff
WHEREAS, it is anticipated that the current Financial Clerk will soon be retiring; and
WHEREAS, the Department wishes to sustain a competent support staff and reorganize
the responsibilities of the financial function within the Department; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Public Works be
amended as follows:
June 1, 2016
4
Add: one (1) Financial Management Assistant (40 hours/week)
And; be it further
RESOLVED, That upon the retirement of the current Financial Clerk, the position
vacated through retirement shall be abolished effective on the employee's retirement
date; and be it further
RESOLVED, That the funding for this change shall be derived from existing funds within
the Department of Public Works budget.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 Ithaca Welcomes Refugees - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Brock
WHEREAS, The Refugee Act of 1980 declared that it is “the historic policy of the United
States to respond to the urgent needs of persons subject to persecution in their
homelands” and gave the President the power to handle an “unforeseen emergency
refugee situation” such as one involving “grave humanitarian concerns”[i]; and
WHEREAS the people of the City of Ithaca and their government have a long history of
opening their community and welcoming refugees; and
WHEREAS, Mayor, Svante Myrick, has publicly stated his support for Ithaca’s welcome
of refugees during the current international crisis; and
WHEREAS, the City of Ithaca is proud to be an ethnically diverse city, with 10.4% of its
residents born outside the United States indicating that Ithaca is truly a city of
immigrants[ii]; and
WHEREAS, the City of Ithaca is proud of its immigrant communities, many of whose
members arrived here as refugees; and
WHEREAS, the City of Ithaca should stand ready to respond in this humanitarian crisis
in which the number of refugees fleeing the conflict in Syria to neighboring countries has
now eclipsed four million[iii], thus confirming the Syrian refugee crisis as the world’s
single largest refugee crisis in almost a quarter of a century; and
WHEREAS, refugees to the United States are subject to the highest level of security
checks of any category of traveler to our country[iv]; and
WHEREAS, refugees are vetted by the National Counterterrorism Center, the FBI’s
Terrorist Screening Center and the Departments of State, Defense, and Homeland
Security; and
WHEREAS, refugees are subject to additional screening that verifies what caused them
to flee their homes; and
WHEREAS, the intense background and medical checks required of refugees can take
as much as two years to complete[v]; and
WHEREAS, more than half of the refugees brought to the United States have been
children[vi]; and
WHEREAS, a public statement that Ithaca is a welcoming community demonstrates our
community’s compassion and global concern; and
WHEREAS, the City of Ithaca, as part of the world community, can and should play a
role in the collective response to human suffering and prejudice; now, therefore be it
June 1, 2016
5
RESOLVED, That Common Council, a body that represents people from a multitude of
ethnicities and religions, reaffirms the City’s commitment to remain a place of support
for the refugees who have, in past years, made Ithaca their home; and, be it further
RESOLVED, That the City of Ithaca affirms and expresses a commitment to be a
welcoming community to any and all future refugees who have gained sanctioned
entrance into the United States of America.
[i] 94 STAT.102.PUBLIC LAW 96-212-MAR. 17, 1980. Public Law 96-212
(https://www.congress.gov/bill/96th-congress/senate-bill/643)
[ii] From US Census Data (http://www.city-data.com/city/Ithaca-New-York.html#b)
[iii] As of this writing, UNHCR counts 4,390,439
(http://data.unhcr.org/syrianrefugees/regional.php#)
[iv] http://www.rcusa.org/uploads/pdfs/Refugee%20resettlement%20-
%20step%20by%20step%20USCRI.pdf
[v] Why It takes Two Years for Syrian Refugees to Enter the U.S.,
(http://www.nytimes.com/interactive/ 2015/11/20/us/why-it-takes-two-years-for-syrian-
refugees-to-apply-to-enter-the-united-states.html)
[vi] US Boosts Efforts to Help Syrian Refugees (Voice of America, 9/3/15)
Mayor Myrick thanked Common Council for their consideration of this Resolution. He
described the disastrous situation in Syria right now where millions of people are in
harms-way and aid workers cannot get to them. He stated that this statement goes a
long way to show what it means to be an Ithacan.
Alderperson Mohlenhoff explained that Catholic Charities will work on the process,
paperwork, guidelines, intake, etc. and this agency will assist with helping people with
their everyday living needs. She noted that municipal approval of this program should
help these agencies obtain the resources they need to develop a successful program.
Alderperson Nguyen thanked everyone for their work on this resolution. He noted that
he is a child of refugees who came from a war-torn country, and he expressed his
gratitude to all of the agencies that helped his family along the way.
A vote on the Resolution resulted as follows:
Carried Unanimously (9-0)
9.2 Babe Ruth License Agreement - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Gearhart
WHEREAS, Ithaca Babe Ruth League serves the area’s youth by providing social and
athletic recreational opportunities for its members and guests through baseball leagues,
clubs and games; and
WHEREAS, Ithaca Babe Ruth Baseball League is proposing to fund and install a new
12’ x 12’ storage shed next to Field 9 in Cass Park; and
WHEREAS, the Parks Commission and Board of Public Works have reviewed the
proposal and support the installation of the new shed; and
WHEREAS, City staff support installation of the new shed so long as staff approves final
location of the shed, staff is allowed access to the shed, Ithaca Babe Ruth Baseball
provides insurance and maintains the shed in good condition for the duration of the
license, and that ownership of the shed transfers to the City at the end of the license;
and
WHEREAS, pursuant to City of Ithaca Municipal Code Chapter 170 entitled “Use of City
Real Property”, any non-transitory use of City parkland requires a license, and Section
170-5(G) vests in the Common Council sole authority to grant approval of any license to
use City parkland; now, therefore be it
June 1, 2016
6
RESOLVED, That the Common Council finds that the licensing as described above
enables the public to enjoy the recreational and athletic opportunities offered by Cass
Park, and thereby fulfills a valid park purpose; and, be it further
RESOLVED, That the Common Council finds that the licensing of an exclusive shed
space narrowly-tailored to the equipment-storage needs of the Ithaca Babe Ruth
League effectively serves the public in enjoying the recreational and athletic
opportunities offered by the Cass Park; and, be it further
RESOLVED, That Common Council hereby authorizes the Mayor, upon the advice of
the City Attorney, to enter into a license agreement charging an annual fee based on
the Marine Commercial appraisal category of $0.48 per square foot, adjusted annually
in accord with the Consumer Price Index, for the installation of the shed and use thereof
with the following conditions:
1) City staff approve the location,
2) City staff are allowed access,
3) Ithaca Babe Ruth Baseball League maintains the shed in good condition for the
duration of the license,
4) Ithaca Babe Ruth Baseball League provides proper insurance as required by the
City, and
5) Ownership of the shed be transferred to the City at the end of the license
agreement, or if the City prefers, the group will remove the shed from the
premises and return the site to its original condition;
and; be it further
RESOLVED, Said license shall be for a one year term with provisions for automatic
renewal, but providing the City unfettered ability to revoke or modify said license upon at
least nine months’ written notice that the Common Council has so resolved; and, be it
further
RESOLVED, The license agreement shall require Ithaca Babe Ruth League to:
1) submit documentation ensuring that participation in its activities is available to all
members of the public via membership application and payment of fees, which
may not be unreasonably large, said unreasonableness to be evaluated after
accounting for discounted or income-sensitive opportunities for participation in
the Babe Ruth League’s activities, and
2) file with the City Clerk an annual report on:
a) the then-current fee structure for membership,
b) the reasonableness of said fee structure, and
c) community participation opportunities and events being offered by the
League.
Carried Unanimously (9-0)
9.3 A Resolution Authorizing the Issuance of $236,000 Bonds of the City of
Ithaca, Tompkins County, New York, to Pay the Cost of Certain Water and Sewer
Capital Improvements in and for Said City
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, all conditions precedent to the financing of the capital projects hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act as a Type II Action, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital projects; now,
therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
June 1, 2016
7
Section 1. For the object or purpose of paying the cost of certain water and sewer
capital improvements in and for the City of Ithaca, Tompkins County, New York, there
are hereby authorized to be issued $236,000 bonds of said City pursuant to the
provisions of the Local Finance Law, apportioned among such capital improvements in
accordance with the maximum estimated cost of each. The capital improvements to be
financed pursuant to this bond resolution, the maximum estimated cost of each, the
amount of bonds to be authorized therefore, the period of probable usefulness of each,
and whether said capital improvements are each a specific object or purpose or a class
of objects or purposes, including in each case incidental improvements, equipment,
machinery, apparatus, appurtenances, furnishings and expenses in connection
therewith, are as follows:
a) Replacement of water main on 200 block of Dryden Road, in and for said City, at
a maximum estimated cost of $131,100. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $131,100 of
the $236,000 bonds of said City authorized to be issued pursuant to this bond
resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph
a of Section 11.00 of the Local Finance Law; and
b) Replacement of sewer main on 200 block of Dryden Road, in and for said City, at
a maximum estimated cost of $104,900. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $104,900 of
the $236,000 bonds of said City authorized to be issued pursuant to this bond
resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph
a of Section 11.00 of the Local Finance Law.
Section 2. The aggregate maximum estimated cost of the aforesaid objects or
purposes is $236,000, and the plan for the financing thereof is by the issuance of the
$236,000 serial bonds authorized by Section 1 hereof, allocated to each of the objects
or purposes in accordance with the maximum estimated cost of each stated in Section 1
hereof.
Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 5. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Treasurer applicable to the sale of
municipal bonds. The receipt of the City Controller shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 6. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
June 1, 2016
8
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 7. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 8. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 9. This resolution, which takes effect immediately, shall be published in
summary form in the Ithaca Journal, the official newspaper, together with a notice of the
City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
A roll call vote resulted as follows:
Alderperson Brock - Aye Alderperson McGonigal – Aye
Alderperson Nguyen - Aye Alderperson Murtagh – Aye
Alderperson Gearhart - Aye Alderperson Fleming – Absent
Alderperson Smith - Aye Alderperson Kerslick – Aye
Alderperson Martell - Aye Alderperson Mohlenhoff - Aye
Carried Unanimously (9-0)
9.4 City Controller’s Report:
City Controller Thayer reported on the following:
2017 Budget – preliminary estimates are being used to develop the Mayor’s
guidelines
2016 Activity
o Sales tax collections are up 1% from this period last year ($41,000)
o Overtime: $360,000 has been spent to date of the $960,000 budgeted.
IPD has open positions and the salary savings will offset some of these
costs.
o Building permit revenue: $620,000 has been collected to date of the
$800,000 budgeted
June 1, 2016
9
o Parking revenue: $1.1 million has been collected of the $2.3 million
budgeted
o Mortgage tax collection – 1st payment was $407,000 which is a significant
increase from last year. There has been a very active housing market.
9.5 Consideration of the Natural Area Commission’s Recommendations
Regarding 401 Lake Street
A. Declaration of Lead Agency
By Alderperson Mohlenhoff: Seconded by Alderperson McGonigal
WHEREAS, the City of Ithaca Common Council has reviewed the Natural Area
Commission’s (NAC) recommendations regarding the city-owned 401 Lake Street
property (tax parcel #12.-1-2); and
WHEREAS, a majority of the Common Council did not support the NAC’s
recommended actions:
1. Retain 401 Lake Street for public use and designate it for inclusion in the Ithaca
Falls Natural Area;
2. Fund demolition and removal of the vacant house at 401 Lake Street;
3. Direct staff to circulate a concept memo to rezone 401 Lake Street and tax parcel
#12.-1-1 from R-3b to P-1;
4. Authorize submission of a grant application to fund management plans; and
WHEREAS, Common Council prefers to sell the property at 401 Lake Street for the
highest marketable price, a Type I action under the City Environmental Quality Review
Ordinance (CEQRO) due to the site’s close proximity to Fall Creek and the Ithaca Falls
Natural Area, which requires environmental review; and
WHEREAS, NAC item #4 above is a Type II action that requires no further
environmental review at this time; and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be
established for conducting environmental review of proposed actions in accordance with
local and state environmental law; and
WHEREAS, State Law specifies that the Lead Agency shall be that local agency which
has primary responsibility for approving, funding or carrying out the action; and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the
proposed action; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead
Agency for the environmental review of the above listed action to sell the property at
401 Lake Street.
Carried Unanimously (9-0)
B. Determination of Environmental Significance - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson McGonigal
WHEREAS, the City of Ithaca Common Council has reviewed the Natural Area
Commission’s (NAC) recommendations regarding the city-owned 401 Lake Street
property (tax parcel #12.-1-2); and
WHEREAS, the City is considering sale of property located at 401 Lake Street as an
alternative action if a majority of the Common Council does not endorse the NAC’s
recommendation regarding 401 Lake Street; and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the
environmental review of this proposed action; and
June 1, 2016
10
WHEREAS, the proposed action is categorized as a Type I action under the City
Environmental Quality Review Ordinance (CEQRO), which requires environmental
review; and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the
environmental review, has reviewed and accepted as adequate a Full Environmental
Assessment Form, Part 1, and Part 2, prepared by Ithaca Urban Renewal Agency staff;
now; therefore be it
RESOLVED, That the City of Ithaca Common Council hereby determines that the
proposed action to sell property located at 401 Lake Street will result in no significant
impact on the environment and that a Negative Declaration for purposes of Article 8 of
the Environmental Conservation Law be filed in accordance with the provisions of Part
617 of the State Environmental Quality Review Act.
Alderperson Brock noted that Part 1 of the form has typos in it and needs to be edited.
She questioned if the zoning designation would need to be changed if the property were
to be sold. Community Development Director Bohn responded that zoning designations
would be a separate action, and not part of this declaration.
Alderperson Brock requested a friendly amendment that all references to demolition be
removed from the FEAF if approved. No Council member objected.
A vote on the Resolution resulted as follows:
Carried Unanimously (9-0)
C. Consideration of the Natural Area Commission’s Recommendations
Regarding 401 Lake Street – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Brock
WHEREAS, the City of Ithaca acquired property located at 401 Lake Street (tax parcel
#12.-1-2) and vacant tax parcel #12.-1-1 through tax foreclosure proceedings in 2015;
and
WHEREAS, the 401 Lake Street property contains a vacant, boarded-up 840 square
foot single family dwelling located immediately adjacent to Fall Creek; and
WHEREAS, on June 3, 2015, the Common Council took action to:
o retain ownership of the 401 Lake Street and tax parcel #12.-1-1;
o direct staff to consider rezoning 401 Lake Street and tax parcel #12.-1-1
from R-3b to a P-1 zoning district designation
o designate tax parcel #12.-1-1 for inclusion in the Ithaca Falls Natural Area;
and
WHEREAS, on June 3, 2015, a decision whether to retain 401 Lake Street for public
use and designate it for inclusion in the Ithaca Falls Natural Area was postponed
pending review by the Natural Areas Commission (NAC); and
WHEREAS, the NAC recommends the following actions:
1. Retain 401 Lake Street for public use and designate it for inclusion in the
Ithaca Falls Natural Area;
2. Rezone 401 Lake Street and the adjacent tax parcel #12.-1-1 from R-3b to P-
1;
3. Demolish and remove the vacant house at 401 Lake Street;
4. Undertake a management plan for the Ithaca Falls Natural Area; and
WHEREAS, The City also encourages the retention of useable housing, not only to
provide residences but also to generate property tax revenue; and
June 1, 2016
11
WHEREAS the house at 401 Lake Street could be made habitable and does not detract
from the view or enjoyment of Ithaca Falls; and
WHEREAS the City has already set aside the large parcel adjacent to the site as a
Natural Area; now, therefore be it
RESOLVED, That the house at 401 Lake Street not be demolished by the City but
instead be offered for sale in some manner to be determined.
Alderperson McGonigal addressed concerns that have been voiced about property,
specifically the potential development of the two parcels. He noted that Common
Council already took action to turn one of the parcels into a natural area. He stated that
the 401 Lake Street parcel is too small to redevelop, it is a little working class house
next to the creek. He doesn’t think house is out of place or that takes away from the
view of the waterfall. He stated that he has tremendous respect for the Natural Areas
Committee but he disagrees with their recommendations. He stated that it would cost
the city money to demolish the house and it could have environmental impact. A realtor
has provided an estimate of a $125,000 sale price. He stated that the house is
salvageable and he supports keeping it intact and letting someone live there.
Community Development Director Bohn affirmed that a local realtor has recommended
listing the property at $125,000 noting that it is in a great location; however, the house
needs a lot of renovation work. He further noted that the structural foundation appears
to be sound.
Alderperson Martell stated that the house is located on recreational river and could be
torn down simply for that reason. She believes the house would most likely be rented
for market rate, not an affordable rate. She noted that there is interest in redeveloping
the site without keeping original structure. She believes that it would be an investment
in the City to take down the house, and noted that City Historian Mary Tomlan also
supports the removal of the house. She believes that Council should focus on the big
picture and preserve the area for future generations to enjoy.
Alderperson Murtagh stated that the house appears to be salvageable and could be
renovated but he does not think it would become an affordable place to live. He noted
that there are restrictions on house but it could be flipped, turned into an Air Bed &
Breakfast, etc. He believes that the environment of the gorge should be protected and
the long term vision on this issue is important. He stated that he will vote to support this
resolution.
Alderperson Kerslick noted that this discussion has been considered at length and most
Council members have visited the site and have spent a lot of time thinking about this
issue in terms of housing. He believes that this is an opportunity to fix an error, this site
would never be approved as a building site today (the house was built 100 years ago).
He noted that the City and Cornell University have done a lot to protect other side of the
gorge, which is an important area for both residents and tourists and that it is difficult to
mix neighborhoods and nature so closely together. He stated that the sale price might
be good but the end result would most likely not be affordable housing.
Alderperson Brock stated that she loathes taking property off of the tax rolls, especially
housing as she believes that every taxable property is beneficial to the City. She stated
that there is an action plan to develop housing that will be considered later in agenda
and that the City is currently subsidizing many housing projects. She stated that in this
case, the City would be paid to keep the house intact. She cautioned that people
shouldn’t automatically assume that if the city kept the property, the house would be
demolished as there are other parcels that have a higher demolition priority. Even
though this property is very visible, others are dangerous.
Alderperson Gearhart stated that he took a pause when he visited the property, noting
that it is in better shape than he thought; however, he believes that the City should take
a long term approach. He noted that the loss of housing is a small loss in the scheme
of the quality of life that Council is seeking to develop in the City.
June 1, 2016
12
Alderperson Mohlenhoff stated that the property is in an awkward location and she
doesn’t believe that it will remain affordable. She noted that it is not often that the City
gets an opportunity to go back in time and fix things, and voiced her support for the
iconic natural area in city.
Mayor Myrick stated that he has never been offended by the house’s presence, and
noted that much of Ithaca would never have been built under today’s building standards.
Alderperson Smith stated that one of the things that makes Ithaca unique is the views of
houses built along the gorge, noting that you can’t see house from the falls. He stated
however, that he is leaning towards keeping the area as a natural area.
Discussion followed regarding the possibility of using the property as substitute
parkland. City Attorney Lavine noted that substitute parkland needs to be equivalent to
the land you are substituting it for. This is a postage stamp sized lot and it would be
difficult to make that argument. He noted that the larger parcels that was already
designated as a natural area could be used as substitute parkland but this lot is not
feasible for that type of use.
Community Development Director Bohn stated that this is a 40’x60’ lot, located on a
creek wall, and it doesn’t meet many zoning requirements. In addition, the recreational
river designation would require variances for most type of redevelopment. It has a one
bedroom house with two covered porches could be used as living space, and the
property could be built up vertically. He stated that it would be considered a self-
created hardship if someone tore the house down and then sought to redevelop the
property. The demolition costs for the house are estimated at $25,000. The listed sales
price suggested at $125,000. Once purchased, the property would be back on tax rolls.
The house is in need of approximately $50,000 in renovations and would probably be
assessed at $80,000. The estimated annual property tax bill would be approximately
$6,000 - $7,000.
Alderperson Nguyen stated that in the long term, that is a small loss. If the City follows
its plan for density, that loss will be negated. He noted that he would be voting in
support of retaining the property.
A vote on the Resolution resulted as follows:
Ayes (1) McGonigal
Nays (8) Brock, Nguyen, Murtagh, Gearhart, Smith, Kerslick, Mohlenhoff, Martell
Failed (1-8)
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Consideration of the Natural Area Commission’s Recommendations
Regarding 401 Lake Street - Resolution
A. Declaration of Lead Agency - Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca Common Council has reviewed the Natural Area
Commission’s (NAC) recommendations regarding the city-owned 401 Lake Street
property (tax parcel #12.-1-2); and
WHEREAS, the City is considering the following action:
5. Retain 401 Lake Street for public use and designate it for inclusion in the Ithaca
Falls Natural Area;
6. Fund demolition and removal of the vacant house at 401 Lake Street;
7. Direct staff to circulate a concept memo to rezone 401 Lake Street and tax parcel
#12.-1-1 from R-3b to P-1;
8. Authorize submission of a grant application to fund management plans; and
WHEREAS, items #1 and #2 above are Type I action under the City Environmental
Quality Review Ordinance (CEQRO) due to the site’s close proximity to Fall Creek and
the Ithaca Falls Natural Area, which requires environmental review; and
June 1, 2016
13
WHEREAS, items #3 and #4 above are Type II actions that require no further
environmental review at this time; and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be
established for conducting environmental review of proposed actions in accordance with
local and state environmental law; and
WHEREAS, State Law specifies that the Lead Agency shall be that local agency which
has primary responsibility for approving, funding or carrying out the action; and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the
proposed action; now, therefore be it
RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead
Agency for the environmental review of the above listed action.
Carried Unanimously (9-0)
B. Determination of Environmental Significance - Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca Common Council has reviewed the Natural Area
Commission’s (NAC) recommendations regarding the city-owned 401 Lake Street
property (tax parcel #12.-1-2); and
WHEREAS, the City is considering the following action:
1. Retain 401 Lake Street for public use and designate it for inclusion in the Ithaca
Falls Natural Area;
2. Fund demolition and removal of the vacant house at 401 Lake Street;
3. Direct staff to circulate a concept memo to rezone 401 Lake Street and tax parcel
#12.-1-1 from R-3b to P-1;
4. Authorize submission of a grant application to fund management plans; and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the
environmental review of this proposed action; and
WHEREAS, the proposed action is categorized as a Type I action under the City
Environmental Quality Review Ordinance (CEQRO), which requires environmental
review; and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the
environmental review, has reviewed and accepted as adequate a Full Environmental
Assessment Form, Part 1, and Part 2, prepared by Ithaca Urban Renewal Agency staff;
now, therefore be it
RESOLVED, That the City of Ithaca Common Council hereby determines that the
proposed action listed above generally regarding 401 Lake Street (tax parcel #12.-1-2)
will result in no significant impact on the environment and that a Negative Declaration
for purposes of Article 8 of the Environmental Conservation Law be filed in accordance
with the provisions of Part 617 of the State Environmental Quality Review Act.
Ayes (8) Brock, Nguyen, Murtagh, Gearhart, Smith, Kerslick, Mohlenhoff,
Martell
Nays (1) McGonigal
Carried (8-1)
C. Adoption of Resolution
By Alderperson Murtagh: Seconded by Alderperson Martell
WHEREAS, the City of Ithaca acquired property located at 401 Lake Street (tax parcel
#12.-1-2) and vacant tax parcel #12.-1-1 through tax foreclosure proceedings in 2015;
and
June 1, 2016
14
WHEREAS, the 401 Lake Street property contains a vacant, boarded-up 840 square
foot single family dwelling located immediately adjacent to Fall Creek; and
WHEREAS, on June 3, 2015, the Common Council took action to:
• retain ownership of the 401 Lake Street and tax parcel #12.-1-1;
• direct staff to consider rezoning 401 Lake Street and tax parcel #12.-1-1 from R-
3b to a P-1 zoning district designation
• designate tax parcel #12.-1-1 for inclusion in the Ithaca Falls Natural Area; and
WHEREAS, on June 3, 2015, a decision whether to retain 401 Lake Street for public
use and designate it for inclusion in the Ithaca Falls Natural Area was postponed
pending review by the Natural Areas Commission (NAC); and
WHEREAS, the NAC recommends the following actions:
1. Retain 401 Lake Street for public use and designate it for inclusion in the Ithaca
Falls Natural Area;
2. Rezone 401 Lake Street and the adjacent tax parcel #12.-1-1 from R-3b to P-1;
3. Demolish and remove the vacant house at 401 Lake Street;
4. Undertake a management plan for the Ithaca Falls Natural Area; and
WHEREAS, the City of Ithaca comprehensive plan, Plan Ithaca, recommends that land
use decisions be made in accordance with the Future Land Use Map, which designates
both parcels in an Environmentally Sensitive land use category; and
WHEREAS, Plan Ithaca also includes a goal that “[g]orges throughout the city will be
protected to ensure their continuation as critical natural assets for current and future
use”; and
WHEREAS, the proposed P-1 zoning district allows public recreation and municipal
uses and facilities, but prohibits residential uses; and
WHEREAS, the City Administration will consider NAC recommendations requiring
funding, such as demolition of the structure at 401 Lake Street; and
WHEREAS, Under the City Environmental Quality Review Ordinance (CEQRO), the
NAC recommendations are classified as follows:
• Type I (due to proximity to Fall Creek) - Designation of city-owned parcels into
the Ithaca Falls Natural Area
• Type I - Rezoning to P-1
• Type I (due to proximity to Fall Creek) - Demolition of structure at 401 Lake
Street
• Type II - Development of management plans; and
WHEREAS, the proposed action under consideration by the PEDC is designation of 401
Lake Street and tax parcel #12.-1-2 into the Ithaca Falls Natural Area and circulation of
a concept memo to rezone the above properties, which are classified under the City
Environmental Quality Review Ordinance (CEQRO)as a Type I action and an Exempt
action, respectively; and
WHEREAS, the proposed action under consideration by the City Administration
Committee to fund demolition of the vacant structure at 401 Lake Street is a Type I
action; and
WHEREAS, environmental review has been completed for proposed actions; now,
therefore be it
RESOLVED, That the Planning and Economic Development Committee for the City of
Ithaca hereby directs staff to prepare and circulate a concept memo to rezone property
located at 401 Lake Street and the adjacent City-owned tax parcel #12.-1-1 from R-3b
to P-1; and, be it further
June 1, 2016
15
RESOLVED, That the Common Council hereby designates the property located at 401
Lake Street for inclusion in the Ithaca Falls Natural Area; and, be it further
RESOLVED, that the Common Council for the City of Ithaca hereby establishes Capital
Project #830, Demolition of Vacant Structures in an amount not to exceed $25,000 for
the purpose of demolishing and removing the vacant structure at 401 Lake Street, and
be it further
RESOLVED, That the $25,000 in needed funds for the demolition project will be derived
from a portion of the sale of City land for the Canopy Hotel.
Alderperson Brock questioned why the City would not demolish a dangerous property
that has caused injuries prior to demolishing the property at 401 Lake Street. She
further questioned why this property is being proposed as an urgent action when it has
not been discussed as such before.
Alderperson Murtagh stated that this is the first time he’s heard about the Giles Street
property, noting that it still doesn’t remove the necessity of considering this property.
Alderperson Brock responded that this is the first time that she’s heard that the City was
going to fund this demolition right now. Alderperson Murtagh explained that the City
Administration Committee discussed the issue of creating a capital project and funding it
at $25,000 at their last meeting. He noted that this is a new discussion for half of
Council but not for members of the City Administration Committee. He further explained
that the Resolution failed in Committee and the Resolution in support of selling the
property passed. Alderperson McGonigal asked why the discussion about the capital
project funding couldn’t be postponed until next month when a larger conversation could
be held. Alderperson Murtagh responded that as a principle the City doesn’t want
property owners to hold on to vacant, dilapidated properties. In fact property owners
have been prosecuted and fined for doing so, and it doesn’t look good for City to do the
same without repercussions.
City Attorney Lavine reported that Alderperson Fleming who is absent tonight requested
that if the property is not to going to be demolished, the natural area designation be
removed from the resolution, noting that it might be nice to have a café, ice cream
stand, or another similar type structure, and those uses are not permissible in a natural
area.
Extensive discussion followed regarding the proposed new capital project and funding.
Alderperson McGonigal stated the he would prefer this language go back to the City
Administration Committee where Alderperson Fleming could be there for discussion and
a vote.
Amending Resolution:
By Alderperson McGonigal: Seconded by Alderperson Brock
RESOLVED, That the last two Resolved clauses be removed from the Resolution and
referred back to the City Administration Committee for further discussion.
Ayes (3) – Brock, McGonigal, Kerslick
Nays (6) – Nguyen, Murtagh, Gearhart, Smith, Mohlenhoff, Martell
Failed (3-6)
Amending Resolution:
By Alderperson Mohlenhoff: Seconded by Brock
RESOLVED, That the second Resolved clause that designates the area as a natural
area be removed from the Resolution.
Ayes (2) Brock, Mohlenhoff
Nays (7) McGonigal, Nguyen, Murtagh, Gearhart, Smith, Kerslick, Martell
Failed (2-7)
June 1, 2016
16
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (8) McGonigal, Nguyen, Murtagh, Gearhart, Smith, Kerslick,
Mohlenhoff, Martell
Nays (1) Brock
Carried (8-1)
“STANDBY – PROPOSED ALTERNATIVE RESOLUTION – ITEM 10.1”
This item was not considered
10.1 Authorization for Disposition of Surplus City Property Located at 401 Lake
Street (tax map #12.-1-2) - Resolution
By Alderperson : Seconded by Alderperson
WHEREAS, the City of Ithaca acquired property located at 401 Lake Street (tax parcel
#12.-1-2) and vacant tax parcel #12.-1-1 through tax foreclosure proceedings in 2015;
and
WHEREAS, the 401 Lake Street property contains a vacant, boarded-up 840 square
foot single family dwelling located immediately adjacent to Fall Creek; and
WHEREAS, on June 3, 2015, the Common Council took action to:
retain ownership of the 401 Lake Street and tax parcel #12.-1-1
direct staff to consider rezoning 401 Lake Street and tax parcel #12.-1-1 from R-
3b to a P-1 zoning district designation
designate tax parcel #12.-1-1 for inclusion in the Ithaca Falls Natural Area; and
WHEREAS, on June 3, 2015, a decision whether to retain 401 Lake Street for public
use and designate it for inclusion in the Ithaca Falls Natural Area was postponed
pending review by the Natural Areas Commission (NAC); and
WHEREAS, the NAC recommends the following actions:
1. Retain 401 Lake Street for public use and designate it for inclusion in the Ithaca
Falls Natural Area
2. Rezone 401 Lake Street and the adjacent tax parcel #12.-1-1 from R-3b to P-1
3. Demolish and remove the vacant house at 401 Lake Street
4. Undertake a management plan for the Ithaca Falls Natural Area; and
WHEREAS, a majority of Common Council did not endorse the NAC recommendation;
and
WHEREAS, as an alternative the City is considering sale of the property located at 401
Lake Street for the highest marketable price; and
WHEREAS, the City of Ithaca comprehensive plan, Plan Ithaca, recommends to return
dilapidated, vacant, and/or underutilized properties to productive use” (Community
Livability section); and
WHEREAS, Plan Ithaca further supports the expansion of the supply of housing within
the City; and
WHEREAS, Under the City Environmental Quality Review Ordinance (CEQRO), the
sale of real property adjacent to a Natural Area is a Type I action; and
WHEREAS, environmental review has been completed for proposed action; now,
therefore be it
RESOLVED, That the Common Council for the City of Ithaca hereby finds that property
located at 401 Lake Street is surplus for municipal purposes; and, be it further
June 1, 2016
17
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes
disposition of property located at 401 Lake Street (tax map #12.-1-2) for the highest
marketable price; and be it further
RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby
authorized to execute agreements to implement this resolution, including but not limited
to a real estate brokerage agreement, a purchase and sale agreement and conveyance
of deed; and, be it further
RESOLVED, That any expenses of the IURA directly associated with marketing and
sale of the property at the request of the Mayor shall be reimbursed from proceeds from
the property disposition.
Presentation of Plan Ithaca – The Comprehensive Plan
Planning and Development Director Cornish and Senior Planner Wilson presented
copies of Plan Ithaca, the City of Ithaca Comprehensive Plan to members of Common
Council. Senior Planner Wilson noted that this was a team effort and expressed her
thanks to everyone who contributed along the way. She noted that the Plan will be
distributed to all city departments and should become a fundamental part of the City’s
decision making process.
Alderperson Kerslick thanked Senior Planner Wilson for the huge amount of effort it
took to coordinate this project, noting that it was a great example of how the City should
interact with the public. He expressed his congratulations on a great achievement.
Alderperson Nguyen noted that this is a remarkable document and thanked the
Planning staff for their years of dedication to this project.
10.2 2016 HUD Entitlement Action Plan – Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of
funds to address community development needs through the U.S. Department of
Housing & Urban Development (HUD) Entitlement program from the Community
Development Block Grant (CDBG) program and the Home Investment Partnerships
(HOME) program funding sources; and
WHERAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to
administer, implement and monitor the City’s HUD Entitlement program in compliance
with all applicable regulations; and
WHEREAS, on an annual basis an Action Plan must be submitted to HUD to access
HUD Entitlement program funding allocated to the City; and
WHEREAS, the 2016 Action Plan identifies a specific list of budgeted community
development activities to be funded from the 2016 HUD Entitlement program allocation
and associated funds administered by the IURA; and
WHEREAS, funding available to be allocated through the 2016 Action Plan funding
process is anticipated to include the following:
$661,371.00 CDBG 2016 allocation
$21,749.57 CDBG 2014 de-obligated funds
$130,000.00 CDBG 2016 projected program income
$328,050.00 HOME 2016 allocation
$41,115.40 HOME 2015 carryover and de-obligated funds
$273,869.00 HOME 2014 de-obligated funds
$215,875.00 Neighborhood Housing Initiative bond funds
$1,672,029.97 Total, and
WHEREAS, the IURA utilized an open and competitive project selection process for
development of the 2015 Action Plan in accordance with the City of Ithaca Citizen
Participation Plan; and
June 1, 2016
18
WHEREAS, at their April 14, 2016 meeting, the IURA adopted a recommended 2016
Action Plan; now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby adopts the IURA-
recommended 2016 Action Plan, dated April 14, 2016 for allocation of the City’s 2016
HUD Entitlement Program award along with additional funds listed above totaling
$1,672,029.97; and, be it further
RESOLVED, That the Urban Renewal Plan shall be amended to include activities funded
in the adopted 2016 Action Plan.
Carried Unanimously (9-0)
10.3 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325,
Entitled “Zoning,” To Amend the Street-Level Active Use Requirement in the
Collegetown Area Form Districts
By Alderperson Murtagh: Seconded by Alderperson Smith
ORDINANCE NO. 2016-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Zoning, be amended as follows:
Section 1. Chapter 325 (“Zoning”), Section 325-45.3 (“Street-Level Active Uses
Required”) of the Municipal Code of the City of Ithaca is hereby amended as follows:
325-45.3B Street-Level Active Uses Required
(1) Within the MU-2 district, street-level active uses are required[ on the
entire street-level of] for the street-facing portions of all buildings
fronting on those portions sections of College Avenue, Dryden Road, and
Eddy Street designated on the map below.
(2) Active street-level uses are one of the keys to vitality of the
Collegetown core area and are defined as uses that encourage
high levels of pedestrian activity, enliven the streetscape, and
create well-lit space with ample visibility into the storefront
area. Active uses [are defined as] include, but are not limited to,
the following:
(a) Retail store or service commercial facility
(b) Restaurant, fast food establishment, or tavern
(c) Theater, bowling alley, auditorium, or other similar places of
public assembly
(d) Hotel
[(e) Library or fire station]
(e) [(f)] Public park or playground
(f) [(g)] Bank or monetary institution
(g) Confectionary, millinery, dressmaking, and other activities
involving light hand fabrication as well as sales.
(3) Additional uses may be permitted if the Planning and Development
Board determines them to be an active use and grants special
approval for the use. The Planning Board may also grant a
special approval of a non-active use if a property owner is able
to show that the physical structure is not easily adaptable to be
used as one of the above listed active uses.
June 1, 2016
19
Street-level actives uses required in areas shown in solid red.
Section 2. 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 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.
Alderperson Smith thanked Senior Planners Wilson and Kusznir and Planning and
Development Director Cornish for working on this legislation, noting that street level
apartments are not appropriate and should have been storefronts.
A vote on the Ordinance resulted as follows:
Carried Unanimously (9-0)
10.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 164
Entitled “Dogs and Other Animals”; §164-2(B) and §164-4; and to add Article III
entitled “Backyard Chickens”
By Alderperson Murtagh: Seconded by Alderperson Martell
ORDINANCE __-2016
WHEREAS, Chapter 164 of the City of Ithaca Municipal Code prohibits the keeping of
chickens in the City; and
WHEREAS, the City has received requests from citizens to allow chickens in backyard
coops and there is an active backyard chicken movement within the City; and
WHEREAS, chicken keeping is part of a larger sustainability trend to allow citizens to
grow their own foods – including fruits, vegetables and honey production – by reducing
barriers, which restrict local food production. These sustainability trends are congruent
with the City’s Comprehensive Plan goals, such as support for our community gardens
and active living initiatives; and
WHEREAS, the Common Council desires to enable the keeping of backyard chickens in
the City; now, therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact. The Common Council finds that backyard chickens, if
properly maintained, can prove a positive initiative for the City, promoting food
June 1, 2016
20
sustainability, increasing animal welfare and providing fresh eggs free from pesticides
and chemicals, without presenting a nuisance to neighboring residents or properties.
Section 2. Amendments to Section 164-2(B).
Section 164-2(B) shall be amended to read as follows:
Exception. This section shall not apply to the keeping of chickens to the extent
authorized by Article III of this Chapter, nor to any educational, scientific or research
institution maintaining, with adequate safeguards as to public health, safety, comfort
and convenience, any animals or other creatures for scientific, medical or other
research purposes.
Section 3. Amendments to Section 164-4
Section 164-4 shall be amended to read as follows:
Except as provided in the Agriculture and Markets Law, a violation of this article
constitutes a civil offense punishable in accordance with § 1-1 of the City of Ithaca
Municipal Code except that the unlawful keeping of chickens in the City shall be
punishable as follows:
(a) $250 for the first violation:
(b) $500 for the second violation: and
(c) $750 for the third or subsequent violation.
These penalties shall be in addition to any other penalties provided by law.
Section 4. Creation of Article III to Chapter 164
An Article III of Chapter 164 is hereby created as follows:
Article III: Backyard Chickens
164-21: Definitions
Lot: As defined in section C-73(C)(1) of the City Charter.
Lot Square Footage: As defined in section C-73(C)(1) of the City Charter.
Property Class Code: As defined in section C-73(C)(1) of the City Charter.
Rear Yard: As defined in section 325-3 of the City Code.
164-22 Backyard Chickens
The prohibition against keeping chickens in this Chapter shall, during a two-year pilot
program that shall expire on May 1, 2018, not apply to up to twenty pilot applicants
approved for the keeping of up to four female chickens (hens) per 3,000 Square Foot
Lot while the animals are kept in such a manner that all requirements of this Article are
satisfied.
164-23: Requirements for Keeping Chickens
A. Chickens may only be kept on those Lots with a Property Class Code of 210,
215, 220, 240, 250, or substantially identical successor designations.
B. Chickens may only be kept on those Lots possessing a Lot Square Footage of
not less than 3,000 square feet.
C. No chicken facility or any structure that houses chickens or any fenced pen area,
either temporarily or permanently, shall be located within any of the following
prohibited areas:
1. Within the setback requirements of the zone in which it is located;
2. Within twenty feet of any adjacent Lot’s residential principal structure or
accessory structure that contains a residential unit, or within five feet of
any principal structure on the Lot housing the chickens; and
3. Within five feet from any abutting residential property line, unless the
adjacent owner agrees in writing to a lesser setback.
June 1, 2016
21
D. Chickens may only be kept by a domiciliary of a dwelling unit located on the Lot
on which the chickens are kept.
E. Chickens must be kept in and confined in a properly designed and constructed
coop or chicken house, or a fenced and covered enclosure that is at least 4
square feet per chicken in size, which additionally includes a run. Each covered
coop and run combined shall be located in, and shall not cover more than 50%
of, the Rear Yard of the Lot.
F. It shall be unlawful for any person to allow hens to run at large upon the streets,
alleys or other public places of the City, or upon the property of any other person.
G. During daylight hours the adult chickens shall have access to the chicken coop
and, weather permitting, shall have access to an outdoor enclosure on the
subject property, adequately fenced to contain the chickens and to prevent
access to the chickens by dogs and other predators.
H. Chicken feed must be in rodent resistant and weather proof containers.
I. A chicken coop, and the premises where the chicken coop is located, shall be
maintained in a condition such that the facility or chickens do not produce noise
or odor that creates a nuisance for adjoining Lots and the responsible domiciliary
and the owner shall remove any odorous or unsanitary condition. The Lot owner
shall be responsible for the repair on any adjoining Lot of any damage caused by
the chickens, including but not limited to damage to dwellings, structures and
yards, and shall be responsible for any unsafe condition.
J. The person keeping the chickens shall abide by all Solid Waste Storage and
Collection standards of the City's Exterior Property Maintenance Code, §331-7.
K. Roosters and Guinea Fowl are expressly prohibited, regardless of the age or
maturity of the bird.
L. Pilot registration pursuant to Section 164-24 is required for the keeping of
chickens.
M. Approved pilot registrants must complete a seminar regarding the care of chickens
in an urban environment from the Cornell Cooperative Extension Office, or similarly
qualified organization acceptable to the Clerk’s Office.
164-24: Pilot Registration Process and Parameters.
A. No more than twenty pilot registrations for the keeping of chickens shall be
approved under this Article III.
B. Registration shall take place at the City of Ithaca Clerk’s Office upon
submission of a $35 registration fee, and verification of a completed
chicken-keeping seminar.
C. The City Clerk and Police Department shall, at least three months prior to
the expiration of the pilot program, report to a Committee of the Common
Council on the status of the pilot program.
D. Should the pilot program not be extended after the two-year period,
Cornell Cooperative Extension Office may help rehome the hens in the
program.
E. The City Clerk may revoke registration for a specific site via written notice
to the property owner when the City Clerk or designee finds, at his or her
sole discretion, that any requirements of this Article are not met, a
rebuttable presumption of which shall be created by (a) a record of three
or more complaints to the Ithaca Police Department about a specific site’s
chickens, (b) on the recommendation of Cornell Cooperative Extension, or
(c) on the recommendation of the Ithaca Police Department. Upon
revocation, the City Clerk shall notify the owner in writing of the same, in
compliance with sub-section 164-25, and if the revocation stands, the
owner must remove the hens from the property in coordination with such
assistance as may be available from the Cornell Cooperative Extension
Office, who may assist with rehoming them.
164-25: Remedies Not Exclusive.
The remedies provided by this Article are cumulative and not mutually exclusive and are
in addition to any other rights, remedies, and penalties available to the City under any
other provision of law.
June 1, 2016
22
A. Any chickens that are not kept as required in this Article shall be deemed a public
nuisance and the owner or custodian shall be given thirty days to rectify the
conditions creating the public nuisance. In any case in which the City intends to
correct a violation of this chapter, including removing and confiscating any chickens
present, and then bill the property owner for the correction of the violation, the City
Clerk or his/her designee shall notify the registrant and the owner of the property
and, where relevant, the registered agent who has assumed responsibility as
outlined in § 178-5 of this Code, in writing, of any violation of this chapter.
B. Any notice required by this section shall be served in person or by mail to the
address on the registration form and the address appearing on the City tax roll,
requiring such person, within a time specified in such notice but in no event less
than thirty days from the service or mailing thereof, to comply with this chapter and
to abate the nuisance and, as appropriate, to remove the chickens. Such notice
shall also state that the property owner may contest the finding of the City Clerk by
making a written request to have a hearing on the matter held at the next regularly
scheduled meeting of the Board of Public Works.
C. Any request for such a hearing must be mailed and postmarked or personally
delivered to the City Clerk within fourteen days of the service or mailing of notice,
and any such written request for a hearing shall automatically stay further
enforcement concerning the alleged violation pending such hearing. The decision of
the Board of Public Works, by majority vote, shall be binding, subject to any further
judicial review available to either the City or the property owner.
D. Upon the failure of a registrant or property owner to comply with the notice of
violation of this chapter (or, alternatively, to request a hearing as aforesaid within the
time limit stated in such notice, or upon a Board of Public Works’ determination,
after such a hearing, that a violation exists), the City Clerk shall refer the matter, by
memorandum, to the Superintendent of Public Works, who shall cause such
premises to be put in such condition as will comply and shall charge the cost thereof
to the owner of said premises, including a charge of 50% for supervision and
administration. The minimum charge to the property owner for such work shall be
$50.
E. The City Chamberlain shall promptly present to the owner of any parcel so corrected
a bill rendered for such services, as certified by the Superintendent of Public Works.
If not paid within 30 days, the cost thereof shall be assessed against the property,
added to its tax and become a lien thereon, collectible in the same manner as
delinquent City taxes. Appeals from this section shall only be permitted if written
notice of appeal is received by the Ithaca City Clerk within 45 days after the mailing
of the bill from the Chamberlain, and such appeals shall be taken to the Board of
Public Works.
Section 5. Severability. Severability is intended throughout and within the provisions of
this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This ordinance shall take effect immediately upon
publication as provided for in the City Charter.
Alderperson McGonigal questioned why are guinea hens were prohibited. Alderperson
Martell responded that guinea hens are noisy animals. He further noted that chicks are
sold in half dozen lots so he questioned why only four hens were allowed. Alderperson
Martell expressed the hope that neighbors would buy chicks together.
Alderperson Gearhart questioned why only four hens would be permitted on a 3,000 sq
ft lots. Alderperson Martell responded that this is a pilot program that will allow the City
to study its effectiveness and report out at the end of two years. The City Clerk’s Office
will be keeping track of complaints that come into their office and that the Ithaca Police
June 1, 2016
23
Department handles. The Cornell Cooperative Extension will also be tracking phone
calls and the progress of the program.
Alderperson McGonigal noted that he supports the pilot program but also has concerns
about the slaughtering of chickens in backyards, the impacts it could have on neighbors,
and sanitation issues.
Amending Resolution:
By Alderperson McGonigal: Second by Alderperson Nguyen
RESOLVED, That a “no slaughter” provision be added into the ordinance.
Alderperson Brock thanked Alderperson Martell and City Attorney Lavine for way the
ordinance was crafted, noting that she likes the pilot designation, and the
permit/revocation structure that can be used if animals are being treated poorly. She
stated that she feels strongly that if the City is going to have a principle, it has to be
supported. The City has stated its support of sustainability of locally grown food
including eggs and meat. She noted that she doesn’t see the need to put this restriction
in place without cause at this point.
Alderperson Smith stated that he agrees with the City’s sustainability efforts, and would
support a no slaughter provision; however will not support the overall legislation. He
believes there should be a separation between urban areas and areas to farm and this
would be a meshing of two different cultures.
A vote on the Amending Resolution resulted as follows:
Ayes (5) McGonigal, Nguyen, Gearhart, Smith, Mohlenhoff
Nays (4) Brock, Kerslick, Martell, Murtagh
Failed (5-4)
Alderperson Mohlenhoff stated that she appreciates all of the hard work put in to this
topic but that she still has a number of concerns and is not comfortable supporting
chickens in the City at this time.
Alderperson Martell stated that the Cornell Cooperative Extension would be providing
information about local slaughter houses to chicken owners through an education
campaign. Ms. Roth suggested that the slaughtering of chickens could be done inside
and outside slaughters could be restricted.
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (6) Brock, McGonigal, Murtagh, Gearhart, Kerslick, Martell
Nays (3) Smith, Mohlenhoff, Nguyen
Carried (6-3)
12. NEW BUSINESS:
12.1 Appointment of Marriage Officer for the Month of June 2016 - Resolution
By Alderperson Kerslick: Seconded by Alderperson McGonigal
WHEREAS, the Mayor’s Office received a request to appoint J.R. Clairborne as a
Marriage Officer in order to perform a wedding ceremony for a special couple; and
WHEREAS, Mr. Clairborne meets the requirements of the New York State Domestic
Relations Law for being appointed as a Marriage Officer for the City of Ithaca; now,
therefore, be it
RESOLVED, That J.R. Clairborne be designated as a Marriage Officer for the month of
June, 2016.
Carried Unanimously (9-0)
June 1, 2016
24
REPORTS OF COMMON COUNCIL LIAISONS:
Board of Public Works
Alderperson McGonigal reported on the following on behalf of Alderperson Fleming:
o Stewart Park: due to recent damage to the large pavilion, the Board is discussing
a security deposit requirement
o The Board is Lead Agency for the Brindley Street Bridge project and has
considered the environmental significance of the project
o Water service line installations were installed for the Marriott Hotel and Simeon’s
o Collegetown construction is underway and coordination efforts have been
complex
o A new State regulation requires that Co2 monitors be placed in all city facilities
which will cost the City approximately $50,000
Collegetown Small Business Alliance
Alderperson Kerslick reported that Superintendent of Public Works Thorne and the
Department of Public Works have done a great job of trying to coordinate the
construction happening in Collegetown and attempting to respond to concerns raised by
the surrounding property owners and merchants.
Alderperson Brock reported that the Department of Public Works will be hosting open
houses for the draft 2017 Sidewalk Improvement District Work Plan on June 7, 2016 and
June 14, 2016 from 5:30 – 7:00 pm at the Tompkins County Public Library, Borg Warner
Room; and on June 15, 2016 from 11:00 am – 1:00 pm in City Hall.
Alderperson Brock further reported that a meeting has been scheduled for the residents
to review the three alternative designs for the Spencer Road Sidewalk and Traffic Study
Project on June 16, 2016 at 6:00 pm at the Oasis Fellowship Church at 808 South
Meadow Street Extension.
MINUTES FROM PREVIOUS MEETINGS:
Approval of the May 4, 2016 Common Council Meeting Minutes was deferred until the
July 6, 2016 meeting.
ADJOURNMENT:
On a motion the meeting adjourned at 9:30 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor