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HomeMy WebLinkAboutMN-PLED-2016-04-13Approved at the May 11, 2016 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, April 13, 2016 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Ducson Nguyen, Cynthia Brock, and Josephine Martell Committee Members Absent: Alderperson Graham Kerslick Other Elected Officials Attending: Alderperson George McGonigal; Mayor Svante Myrick (arrived at 6:30 p.m.) Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Lisa Nicholas, Senior Planner; Lynn Truame, Ithaca Urban Renewal Agency (IURA); Nels Bohn, Director, Ithaca Urban Renewal Agency (IURA); Deborah Grunder, Executive Assistant Others Attending: Chair Seph Murtagh called the meeting to order at 6:04 p.m. 1) Call to Order/Agenda Review There were no changes made to the agenda. 2) Public Comment and Response from Committee Members David Nutter, 243 Cliff Street, spoke regarding the email he sent after th e circulation of the geese ordinance. He has several questions of which are attached to these minutes. If the habitat remains the same, the geese will continue to be here. Most people are pretty tolerant. More people should be. Don’t start a war. Dan Hoffman, 415 Elm Street, spoke on the 401 Lake Street property. He’s a member of the Natural Areas Commission. It’s great to see the City acknowledging that this property is part of the natural areas. Approved at the May 11, 2016 PEDC Meeting Ann Sullivan, spoke on the lack of representation from anyone in the ward she lives in. She pointed out that both Council committees should have equal representation of all wards. It’s not right, it’s not democratic, and it’s not fair. Joanie Groome, 433 North Tioga, spoke on the backyard chickens. The language has changed in this ordinance. It will also allow residents to slaughter chickens in their back yards. She opposes the change in the wording permitting the slaughter of chickens. The killing of any healthy animal should not be allowed. Alderperson Brock thanked Ann Sullivan for coming forward. She supports her comments. She also thanked Joanie Groome stating that the current ordinance doesn’t have any prohibition of slaughter. Alderperson Martell commented on David Nutter’s comments. She hasn’t had time to review the questions but will do so and will respond. Chair Murtagh responded to Ann Sullivan’s comments. The Mayor is responsible for making the appointments. Appointing certain council members on certain committees and not having an equal representation is not intentional, but were distributed based on Council’s requests and expertise. 3) Special Order of Business a) Public Hearing: Incentive Zoning for Affordable Housing Alderperson Martell moved to open the public hearing; Alderperson Nguyen seconded it. Passed unanimously. Ann Sullivan, 109 Irving Place, stated this is a very complex problem and is of concern to her. There is an item within the ordinance that would allow any single family home to add an apartment and rent it at an affordable rate. This may lead to neighborhoods being turned into student housing. The elimination of site-plan review is bad idea. Developers can wait a month for public comment before they start to build. Regarding the Collegetown Plan, she feels this might be detrimental in the long run. Nathan Lyman, 1322 East State Street, Ithaca, pointed out that this is a Type I action and requires site-plan review. He submitted a document that further states his thoughts on this subject. Alderperson Brock moved to close the public hearing; Alderperson Martell seconded it. Passed unanimously. Approved at the May 11, 2016 PEDC Meeting b) Public Hearing: (TM)PUD Application – Cherry Street Arts Space Alderperson Martell moved to open the public hearing; Alderperson Nguyen seconded it. Passed unanimously. No one from the public spoke on this topic. Alderperson Martell moved to close the public hearing; Alderperson Nguyen seconded it. Passed unanimously. 4) Announcements, Updates, and Reports a) CIITAP – This will come back to this committee in May. b) Backyard Chickens – This will come back to this committee in May. c) Joint Committee Meeting on Chain Works – Lisa Nicholas stated there is no meeting date set. There is still work to be done on the environmental review. Mayor Myrick joined the group at 6:30 p.m. 5) Discussion a) Incentive Zoning for Affordable Housing Lynn Truame stated that a number of people responded to this. Everyone agrees that this is flawed, but this is an attempt to do something. The intent is there. Alderperson Brock stated the time a developer has to spend to get his a project through the City registration and review process is too long. The first step the City can take to promote housing and development is to examine the existing processes to see what steps can be revised or shortened while also maintaining site plan review. A shorter development We need to create a process can that will accommodate the needs of everyone involved. We can keep the integrity of the program and still move it forward quicker. An affordable housing fee, otherwise known as an Impact Fee, may be useful here in Ithaca. By contributing a fee, developers will help to encourage affordable housing. By conducting a Nexus Study, Current needs can be studied, and an appropriate impact fee can be determined. to determine the right fee to charge. It can be a predictable fee. Impact Fees from commercial and multi-unit development will fund affordable housing, creates a predictable structure, and has less demands on City Staff, compared to the oversight and monitoring requirements associated with Incentive Zoning. This will relieve some of the burden on City staff. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Approved at the May 11, 2016 PEDC Meeting Nels Bohn stated he spoke with the City attorney, and he advised not to go that route. A lot of legal research would need to done. It’s not clearly authorized in State law. Alderperson Brock stated she would like to see how other municipalities in the New York State handle such a process as this. Mayor Myrick stated that many young people want to live in the City areas not in the suburbs. A number of questions came up: What happens to houses on the same block where one house adds an apartment? Does it make those homes worth more or less? Does it make sense to try to increase housing in the City? Do we consolidate with another municipality? Chair Murtagh stated that property taxes are also a big issue too. Alderperson Brock pointed out that the biggest portion of property taxes are school taxes.  The Committee agreed that they are interested in continuing review of the incentive zoning. It was further decided that the City will meet with the Ithaca Developer’s Roundtable as suggested by Nathan Lyman. 6) Action Items (Voting to Send on to Council) a) Public Art Commission Mural Resolution to Select Artwork for a Mural Installation on the Water & Sewer Workshop Moved by Alderperson Brock; seconded by Alderperson Nguyen. Passed unanimously. WHEREAS, the City of Ithaca Public Art Commission (PAC) was established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces, and WHEREAS, Plan Ithaca, the City’s comprehensive plan, identifies public art as an important cultural resource that contributes to quality of life and economic vitality and calls for the City’s continued support of public art (see Cultural Resources), and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city, while providing local artists from all sections of the community an opportunity to showcase their work, and Approved at the May 11, 2016 PEDC Meeting WHEREAS, the Board of Public Works approved several locations for future murals and street art, including the Department of Public Works facilities on First Street, by resolution on May 19, 2010 WHEREAS, Danielle Hodgins has submit her proposal for a mural titled “Beyond the Dust” to be installed on the Route 13- facing façade of the Water & Sewer workshop on First Street, as part of the PAC’s Mural and Street Art Program, and WHEREAS, the PAC held a public comment period on the mural design and location at its meeting on March 23, 2016 to gather input on the proposed installation, and all of the responses to the proposal have been positive, and WHEREAS, the mural will be funded through the Community Arts Partnership’s Public Art Grant, and the installation will be budget-neutral to the City, and WHEREAS, at its meeting on March 23, 2016, the Public Art Commission voted to recommend that the Common Council select Danielle Hodgins’s mural to be installed on the Water & Sewer workshop; now, therefore, be it RESOLVED, that the City of Ithaca Common Council selects Danielle Hodgins’s mural “Beyond the Dust,” as recommended by the Public Art Commission, to be installed on the Route 13-facing façade of the Water & Sewer workshop on First Street and to be added to the City of Ithaca’s public art collection; and be it further RESOLVED, that the selected artist may proceed with the installation of the mural upon the execution of an agreement with the City as reviewed by the City Attorney. b) (TM)PUD Application: Cherry Street Arts Space Alderperson Martell moved the ordinance; seconded by Alderperson Nguyen. Passed unanimously. Alderperson Brock had several concerns one being noise. The footprint may be small, but outdoor events may become much larger events; and become a possible breach of the noise ordinance. JoAnn Cornish stated she would hate to see the development of the waterfront be deterred due to the possible noise. c) Resolution to New York State Concerning Property Taxes on Resale Restricted Homes Approved at the May 11, 2016 PEDC Meeting Resolution Urging New York State to Amend the Real Property Tax Law to Allow Tompkins County the Option to Provide a Partial Exemption to Residential Properties Subject to Resale Restrictions Moved by Alderperson Martell; seconded by Alderperson Nguyen. Passed Unanimously. WHEREAS, there is a demonstrable and critical shortage of affordable housing within the City of Ithaca and Tompkins County; and WHEREAS, this Common Council has attempted to address that shortage through a number of measures, including financial participation with Tompkins County and Cornell University to create the Community Housing Development Fund that provides subsidies for creation of affordable housing; and WHEREAS, Section 501(c)(3) of the Internal Revenue Code allows for the creation of nonprofit entities that have as one of their purposes the acquisition of land to be held for the primary purpose of providing affordable homeownership through the implementation of deed or ground lease restrictions; and WHEREAS, the nonprofit agency is subject to an initial regulatory agreement restricting purchase of these properties in accordance with an income test; and WHEREAS, such programs are known generically as community land trusts, and WHEREAS, with the support and encouragement of the members of the Community Housing Development Fund, the community land trust model is being utilized in Tompkins County as a means to develop affordable housing that remains affordable throughout its existence by means of limitations on future re- sale prices; and WHEREAS, while the limitation on resale prices promotes long-term affordability, New York State’s Real Property Tax Law does not allow consideration of such limitations when determining the assessed valuation of property participating in a community land trust, resulting in assessed values that can far exceed the restricted re-sale value of the property and a property tax burden well in excess of that borne by properties that have similar re-sale values in the marketplace; and WHEREAS, this adverse element of the Real Property Tax Law is deterring the development and purchase of homes through the community land trust program and is therefore exacerbating the shortage of affordable housing in Tompkins County; and WHEREAS, it is in the interest of City of Ithaca to address that deterrent to the development of affordable housing; and Approved at the May 11, 2016 PEDC Meeting WHEREAS, the Ithaca Urban Renewal Agency recommends the Common Council adopt a resolution supporting a change in Real Property Tax law so owner-occupied, resale-restricted affordable residences incur a property tax bill similar to residential properties with similar resale values in the City; now, therefore, be it RESOLVED, the Common Council for the City of Ithaca urges the New York State Legislature to amend the Real Property Tax Law by creating a new section of law that would allow Tompkins County, by local law, to grant a partial exemption equal to the difference between the full resale value absent any restriction and the maximum resale value of said property established by said ground lease to residential properties located on land owned by a nonprofit entity and subject to a ground lease or deed restrictions which restrict the resale price of the property for at least 30 years, and be it further RESOLVED, that this resolution be delivered to appropriate elected officials and the County Assessor. d) 401 Lake Street: Consideration of NAC Recommendation Consideration of Natural Areas Commission Recommendations Regarding 401 Lake Street - Declaration of Lead Agency Moved by Alderperson; seconded by Alderperson Nguyen. Passed unanimously. 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, 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 WHEREAS, items #3 and #4 above are Type II actions that require no further environmental review at this time, and Approved at the May 11, 2016 PEDC Meeting 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. Consideration of Natural Areas Commission Recommendations Regarding 401 Lake Street – Environmental Determination Moved by Alderperson Martell; seconded by Alderperson Nguyen. Passed unanimously. 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- Approved at the May 11, 2016 PEDC Meeting 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. Approved at the May 11, 2016 PEDC Meeting Consideration of the Natural Area Commission’s Recommendations regarding 401 Lake Street – Action Moved by Alderperson Martell; seconded by Alderperson Nguyen. Passed unanimously. 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, 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: Approved at the May 11, 2016 PEDC Meeting  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, 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  Alderperson Brock amended the resolution to add a third Resolved, seconded by Alderperson Martell. Passed Unanimously. RESOLVED, the Planning and Economic Development Committee hereby directs the staff to prepare and circulate a standby proposed resolution and environmental review for an alternative action to sell 401 Lake Street for full market price in the event that the resolution to retain to demolish the structure at 401 Lake Street fails to be adopted. e) Cell Tower Ordinance Changes Adoption of Revisions to the City Zoning Ordinance, Chapter 325, Article VA, “Telecommunications Facilities and Services”, § 325-29.9, Fall Zone and Setback Requirements for Tier Three PWSF's, to Lower the Required Fall Zone to 120% of the height of the tower. Approved at the May 11, 2016 PEDC Meeting The Declaration of Lead Agency for Environmental Review Moved by Alderperson Brock; seconded by Alderperson Nguyen. Passed unanimously. 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 of Ithaca Environmental Quality Review Ordinance, (CEQR), §176-4 which requires 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 for the adoption of revisions to City Zoning Ordinance, Chapter 325, Article VA, “Telecommunications Facilities and Services”, § 325-29.9, Fall Zone and Setback Requirements for Tier Three PWSF's, to Lower the Required Fall Zone to 120% of the height of the tower. Adoption of Revisions to the City Zoning Ordinance, Chapter 325, Article VA, “Telecommunications Facilities and Services”, § 325-29.9, Fall Zone and Setback Requirements for Tier Three PWSF's, to Lower the Required Fall Zone to 120% of the height of the tower. Moved by Alderperson Brock; seconded by Alderperson Nguyen. Passed unanimously. WHEREAS, the City of Ithaca is considering a proposal to revise the City Zoning Ordinance, Chapter 325, Article VA, “Telecommunications Facilities and Services”, § 325-29.9, Fall Zone and Setback Requirements for Tier Three PWSF's, to lower the required fall zone to 120% of the height of the tower, and WHEREAS, the proposed action is an “Unlisted" Action pursuant to the City of Ithac a Environmental Quality Review Ordinance, (CEQR), §176-4 which requires review under CEQR, and WHEREAS, the Common Council for the City of Ithaca did, on April 13, 2016, declare itself lead agency for this action, and WHEREAS, upon direction from the Planning and Economic Development Committee of Common Council, the proposed revision was circulated to various boards and committees in a memo dated January 21, 2016, and WHEREAS, the proposed revision has been reviewed by the Tompkins County Planning Department pursuant to §239-l–m of the New York State General Municipal Approved at the May 11, 2016 PEDC Meeting 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 WHEREAS, the proposed revision has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, a public hearing for the proposed revision was held on February 10, 2016, at the meeting of the Planning and Economic Development Committee, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the Full Environmental Assessment Form Parts 1, 2, and 3, prepared by Planning Staff and has determined that the adoption of the proposed zoning revision will not have a significant effect on the environment; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own, the finding and conclusions more fully set forth on the Full 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; Adoption of Revisions to the City Zoning Ordinance, Chapter 325, Article VA, “Telecommunications Facilities and Services”, §325-29.9, Fall Zone and Setback Requirements for Tier Three PWSF's, to Lower the Required Fall Zone to 120% of the height of the tower, 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. An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Article VA, Entitled “Zoning,”, “Telecommunications Facilities and Services”, § 325-29.9, Fall Zone and Setback Requirements for Tier Three PWSF's, to Lower the Required Fall Zone to 120% of the height of the tower. Moved by Alderperson Brock; seconded by Alderperson Nguyen. Passed unanimously. ORDINANCE NO. 2016-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Article VA, Section 325-29.9, be amended as follows: Approved at the May 11, 2016 PEDC Meeting Section 1. Chapter 325 (“Zoning”), Article VA, Section 325-29.9 is hereby amended to change the approval process for a Planned Unit Development Zone to allow the Common Council to approve a PUD for a multi phased project based on the final site plan approval of the first phase of the project and preliminary site plan approval of subsequent phases of the project, and shall read as follows: § 325-29.9 Fall zone and setback requirements for Tier Three PWSF’s Tier Three applications shall meet the following standards: A. Fall zone. (1) No habitable structure or outdoor area where people congregate shall be within a fall zone of 120% of the height of the PWSF or its mount. 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. f) Waterfowl Ordinance An Ordinance to Amend the Municipal Code of The City Of Ithaca, Chapter 164, Entitled “Dogs and Other Animals” To Prohibit the Feeding of Waterfowl on City Property Moved by Alderperson Martell; seconded by Alderperson Nguyen. Passed unanimously. WHEREAS, the City has been struggling with considerable human-wildlife conflict resulting from a burgeoning geese population on habitable lands, and WHEREAS, the conflict between people and waterfowl is particularly pronounced on the City’s playing fields and parklands where people like to recreate, and WHEREAS, feeding of waterfowl contributes to the concentration of such birds in areas frequented by the public by encouraging birds to congregate for food, and WHEREAS, feeding of waterfowl can be detrimental to their health as waterfowl can suffer from nutritional disorders, such as calcium deficiencies and bone disease, as a result of the poor quality of food like bread and corn that is typically fed to geese in public settings, and Approved at the May 11, 2016 PEDC Meeting WHEREAS, feeding of waterfowl causes behavioral changes in the geese by decreasing their fear of humans and encouraging to remain in locations where public feeding is taking place, and WHEREAS, the concentration of waterfowl can be destructive to lawns and can interfere with the planned use of parklands, and the resultant quantities of feces can create public health concerns and reduce the aesthetic and recreational value of parks and other public property; now, therefore, ORDINANCE NO. ____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 164 of the Municipal Code of the City of Ithaca be amended as follows: Section 1. Chapter 164 of the Municipal Code is hereby amended to add a new Article to be inserted as Article III, Waterfowl. Section 2. Chapter 164, Article III is hereby created to read as follows: Article III: Waterfowl §164-21 Applicability. This article shall apply to all areas of the City of Ithaca. §164-22 Definitions. As used in this article, the following words shall have the meanings indicated: WATERFOWL Members of any and all species of wild and domestic aquatic birds, including but not limited to ducks, geese, and swan. §164-23 Feeding prohibited. It shall be unlawful to provide feed, including, but not limited to, bread, corn, and other grains, to any waterfowl on public property. It shall be unlawful to provide feed, including, but not limited to, bread, corn, and other grains, to any waterfowl on private property without the prior approval of the owner of such property. §164-24 Enforcement; appearance ticket. All police officers in the City shall administer and enforce the provisions of this article and for such purpose shall have the authority to issue appearance tickets. §164-25 Penalties for offenses. Approved at the May 11, 2016 PEDC Meeting 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. These penalties shall be in addition to any other penalties provided by law. 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. 7) Review and Approval of Minutes a) March 2016 – Moved by Alderperson Brock; seconded by Alderperson Martell. Passed unanimously. 8) Adjournment Moved by Alderperson Nguyen; seconded by Alderperson Martell. Passed unanimously. The meeting was adjourned at 9:15 p.m.