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HomeMy WebLinkAboutMN-CC-2017-11-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. November 1, 2017 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming, Smith, Kerslick, Mohlenhoff, Decatur OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Historic Preservation Planner - McCracken PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. SPECIAL PRESENTATIONS BEFORE COUNCIL: Rusty Keeler, Natural Playscapes, made a short presentation on the “Make Ithaca a Let Grow Community” initiative. There will be two upcoming sessions: Thursday, November 30 - 7:00 pm - 8:30 pm, Ithaca Youth Bureau. Discussion on what it takes to make Ithaca a city where children and people of all ages feel welcome, safe and happy as they make their way around town. Friday, December 1- 11:30 am -1:30 pm - City Hall, Common Council Chambers A lunchtime brainstorming meeting with international experts to focus on making Ithaca a more playful, child-friendly city. A variety of ideas from parks to sidewalks, play streets, “child-life corridors”, trained play workers in neighborhoods, listening to children and youth’s voices in planning and design and much more will be discussed— all in the spirit of supporting children's outdoor play and a free range childhood! PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Al Donohue, City of Ithaca – lowering the POW/MIA flag Chris Anagnost, City of Ithaca – historic designation of Chacona Block Pam Mackesey, City of Ithaca – South Hill overlay zone Joel Harlan, Town of Newfield – global terrorism Karen Gellman, City of Ithaca – South Hill overlay zone Patrick Braga, City of Ithaca – South Hill overlay zone Katelin Olson, Village of Trumansburg - historic designation of Chacona Block Luke Bushner, City of Ithaca - historic designation of Chacona Block Gregar Brous, Town of Dryden - historic designation of Chacona Block John Graves, City of Ithaca – South Hill overlay zone Sally Lockwood, City of Ithaca – South Hill overlay zone Ira Brous, Town of Ithaca - historic designation of Chacona Block Marian Rogers, City of Ithaca – South Hill overlay zone George Avramis, City of Ithaca - historic designation of Chacona Block Madeline Lieber, City of Ithaca - historic designation of Chacona Block Dan Kathan, Marbelhead, MA - historic designation of Chacona Block Ken Rother, Town of Ithaca - historic designation of Chacona Block Audrey Bryce, Town of Danby - historic designation of Chacona Block Peter Cortle, City of Ithaca - historic designation of Chacona Block Wendy Wilcox, City of Ithaca - historic designation of Chacona Block Ravi Meel, City of Ithaca - historic designation of Chacona Block G. Lincoln Morse, Village of Trumansburg - historic designation of Chacona Block Yamila Fourniel, Village of Lansing - historic designation of Chacona Block Steven Hugo, City of Ithaca - historic designation of Chacona Block Seth Hiland, City of Ithaca - historic designation of Chacona Block November 1, 2017 2 Scott Whitham, City of Ithaca - historic designation of Chacona Block Kyle Karnes, City of Ithaca - historic designation of Chacona Block Nancy Brcak, Village of Trumansburg - historic designation of Chacona Block Gregory Perreault, City of Ithaca – W. State/MLK St Corridor Project Melissa Hall, City of Ithaca – Cornell University voluntary contribution, homelessness Michelle Van Meter, Brooktondale - historic designation of Chacona Block Genie Hurme, City of Ithaca – W. State/MLK St Corridor Project Tom Hohn, Town of Ithaca – W. State/MLK St Corridor Project Steven Beer, City of Ithaca – South Hill overlay zone Julee Johnson, City of Ithaca - historic designation of Chacona Block Sophie Zapala, Town of Ithaca – W. State/MLK St Corridor Project Christine O’Malley, City of Ithaca - historic designation of Chacona Block Sara Johnson, City of Ithaca - historic designation of Chacona Block Gabriel Borden, City of Ithaca – South Hill overlay zone Kenn Young, City of Ithaca – South Hill overlay zone John Schroeder, City of Ithaca - historic designation of Chacona Block Mary Raddant Tomlan, City of Ithaca - historic designation of Chacona Block Joshua Eisenberg, City of Ithaca - historic designation of Chacona Block Frost Travis, Cayuga Heights - historic designation of Chacona Block PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Brock thanked the speakers for sharing their thoughts. She responded to comments made regarding the W. State/MLK Street Corridor project acknowledging the design feedback shared by area residents and providing project background information. Alderperson McGonigal noted that he shares a number of the concerns expressed by his constituents and addressed a number of safety issues. Mayor Myrick thanked the speakers, noting that decisions are always made better by the feedback received from residents. Alderperson McGonigal, Liaison to the Youth Bureau Advisory Board, expressed his congratulations to Lizzie Rail and the Ithaca High School Cross Country Team who recently won the STAC Championship. Lizzie placed 2nd overall. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Public Information and Technology - Amendment to Personnel Roster - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, a recent retirement created a vacancy in the Department of Public Information and Technology; and WHEREAS, after an evaluation of the needs of the department and a reorganization of assignments, it was determined that a position was needed to focus more closely on public information initiatives while assisting the Clerk’s Office; and WHEREAS, a new position was created to maintain and grow the City’s public information goals; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Public Information and Technology be amended as follows: Add: One (1) Public Information Specialist ; and, be it further RESOLVED, That the position of Public Information Specialist shall be assigned to the Confidential Employees Compensation Plan at salary grade 8; and, be it further November 1, 2017 3 RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at eight (8) hours per day (forty (40) hours per week); and, be it further RESOLVED, That the funding for this position shall be obtained by transferring funding from a vacant, funded Executive Assistant position, which shall remain on the departmental personnel roster in a vacant, unfunded capacity. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 9.1 Adoption of 2018 Budget – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 2018 at its November 1, 2017 meeting, as approved by the Committee of the Whole; and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Executive Budget for 2018, and as those amounts may be altered by action of this Common Council at its November 1, 2017 meeting, are adequate for the operation of the City during 2018; now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 2018, together with any additional changes made in said budget at Council's November 1, 2017 meeting as the City of Ithaca Budget for 2018, in the total amount of $72,232,868; and; be it further RESOLVED, That the following sections of the 2018 Budget be approved: A) General Fund Appropriations B) Water Fund Appropriations C) Sewer Fund Appropriations D) Solid Waste Fund Appropriations E) Sidewalk Special District Fund Appropriations F) Stormwater Drainage Special District Fund Appropriations G) General Fund Revenues H) Water Fund Revenues I) Sewer Fund Revenues J) Solid Waste Fund Revenues K) Sidewalk Special District Fund Revenue L) Stormwater Drainage Special District Fund Revenue M) Debt Retirement Schedule N) Capital Projects O) Schedule of Salaries and Positions - General Fund P) Schedule of Salaries and Positions - Water & Sewer Fund Q) Schedule of Salaries and Positions - Sidewalk Special District Fund R) Schedule of Salaries and Positions - Solid Waste Fund S) Schedule of Salaries and Positions – Stormwater Drainage Special District Fund T) Authorized Equipment - General Fund U) Authorized Equipment - Water Fund V) Authorized Equipment - Sewer Fund W) Authorized Equipment - Solid Waste Fund X) Authorized Equipment - Sidewalk Special District Fund Balance Y) Authorized Equipment - Stormwater Drainage Special District Fund Alderperson Nguyen stated that he believes in the changes that were made to the budget that slightly increased the tax rate but voiced his disappointment in the lack of public engagement surrounding the issue. He noted the competing expectations of keeping tax rates low vs. the delivery of high quality services. November 1, 2017 4 Mayor Myrick voiced his agreement, stating that recent budgets have not elicited much public comment. A roll call vote on the budget resulted as follows: Alderperson Brock - Aye Alderperson McGonigal - Aye Alderperson Nguyen - Aye Alderperson Murtagh - Aye Alderperson Gearhart - Aye Alderperson Fleming - Aye Alderperson Smith - Aye Alderperson Kerslick - Aye Alderperson Mohlenhoff - Aye Alderperson Decatur - Aye Carried Unanimously 9.2 Adoption of 2018 Tax Rate – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the 2018 City of Ithaca Budget was approved, adopted, and confirmed in the total amount of $72,232,868 on November 1, 2017, in accordance with a detailed Budget on file in the Office of the City Controller; and WHEREAS, available and estimated revenues total $49,233,374 leaving $22,999,494 as the amount to be raised by taxation; and WHEREAS, the Assessment Roll for 2018 certified and filed by the Assessment Department of Tompkins County, has been footed and approved and shows the total net taxable valuation as $1,894,521,761; and WHEREAS, under Charter provisions, the tax limit for City purposes amounts to $34,604,214 for 2018; now, therefore, be it RESOLVED, That the tax rate for general purposes, for the fiscal year 2018, be, and the same hereby is, established and fixed at $ 12.14 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 2018 Tax Roll, thereby making a total tax levy, as near as may be, of $22,999,494; and, be it further RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties as shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of $12.14 per $1,000 of such taxable valuation; and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the completion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said Tax Roll with the City Chamberlain; and, be it further RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto; and, be it further RESOLVED, That the total sum of $ 72,232,868 be appropriated in accordance with the adopted Budget to the respective Boards, Offices, and Departments of the City, for the purposes respectively set forth therein. The 2018 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Total Value of Real Property $4,434,313,865 Less: Value of Exempt Property $2,570,991,700 $1,863,322,165 Plus: Value of Special Franchises $31,199,596 Net Value of Taxable Property $1,894,521,761 November 1, 2017 5 A roll call vote on the tax rate resulted as follows: Alderperson Brock - Aye Alderperson McGonigal - Aye Alderperson Nguyen - Aye Alderperson Murtagh - Aye Alderperson Gearhart - Aye Alderperson Fleming - Aye Alderperson Smith - Aye Alderperson Kerslick - Aye Alderperson Mohlenhoff - Aye Alderperson Decatur - Aye Mayor Myrick - Nay Carried (10-1) 9.3 Adoption of 2018 Ithaca Area Wastewater Treatment Plant Budget – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, this Common Council is now considering adoption of the Amended Joint Activity Fund Budget for 2018, as approved by the Committee of the Whole; and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for 2018, and as those amounts may be altered by action of the Common Council at its November 1, 2017 meeting, are adequate for the operation of the Ithaca Area Wastewater Treatment Plant during 2018; now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Joint Activity Fund Budget for 2018, together with any additional changes made in said budget at Council’s November 1, 2017 meeting, as the Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget for 2018, in the total amount of $4,235,749 ; and, be it further RESOLVED, That the following sections of the 2018 Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget be approved: A) Joint Activity Fund Appropriations B) Joint Activity Fund Revenues C) Schedule of Salaries and Positions – Joint Activity Fund D) Authorized Equipment – Joint Activity Fund A roll call vote on the budget resulted as follows: Alderperson Brock - Aye Alderperson McGonigal - Aye Alderperson Nguyen - Aye Alderperson Murtagh - Aye Alderperson Gearhart - Aye Alderperson Fleming - Aye Alderperson Smith - Aye Alderperson Kerslick - Aye Alderperson Mohlenhoff - Aye Alderperson Decatur - Aye Carried Unanimously 9.4 A Local Law Entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2018 By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from said construction and repair; and WHEREAS the Board of Public Works has recommended a budget, schedule of work, and schedule of assessments for Fiscal Year 2018, subject to review, amendment, and confirmation by the Common Council; and WHEREAS Section C-73 provides that Council shall amend as appropriate and confirm the SID assessments, budget, and schedule of work after a public hearing; and WHEREAS the appropriate public hearing has been held, and Council has given due consideration to the comments made, if any, now, therefore November 1, 2017 6 LOCAL LAW 2017- BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. The Common Council has reviewed the assessments, budget, and schedule of work recommended by the Board of Public Works for Fiscal Year 2018, and makes the following findings of fact: A. The public hearing prior to confirmation required by Section C-73 has been held, and all owners of property subject to a SID assessment appearing to speak before Council have had an opportunity to do so. B. The schedule of work, as recommended by BPW and previously subject to review by Council, constitutes a set of local improvements, the cost of which should be assessed against the properties located in the SID in which the work is to be performed. C. The budget, and the related assessments reflected on the assessment roll kept on file with the City Clerk, are necessary to defray the cost of construction and maintenance of sidewalk in the City, and Council has made a legislative judgment that each property in each SID is being assessed in proportion to the benefit received by that property from the sidewalk construction and repair contained in the schedule of work. Section 2. Confirmation of the Assessments, Schedule of Work, and Budget. The Common Council approves and confirms the assessment roll, a copy of which is maintained in the City Clerk’s office, and the budget and schedule of work attached hereto, and imposes a lien upon each property so assessed as set forth in the assessment roll. In the event there are additional funds available following completion of the schedule of work, or changes to the work plan are required for financial, engineering, or other reasons, the Superintendent of Public Works or his or her designee may alter the schedule of work in his or her discretion, as instructed by the Board of Public Works from time to time; provided, however, that if such actions affect ten percent or more of any Sidewalk Improvement District’s annual levy, such actions must be approved by resolution of the Board of Public Works. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective immediately after filing in the office of the Secretary of State. A roll call vote resulted as follows: Alderperson Brock - Aye Alderperson McGonigal - Aye Alderperson Nguyen - Aye Alderperson Murtagh - Aye Alderperson Gearhart - Aye Alderperson Fleming - Aye Alderperson Smith - Aye Alderperson Kerslick - Aye Alderperson Mohlenhoff - Aye Alderperson Decatur - Aye Carried Unanimously November 1, 2017 7 Alderperson Mohlenhoff expressed her thanks to City Controller Thayer, Chief of Staff Cogan, and Common Council for all of the work they did during the budget deliberations. City Controller’s Report City Controller Thayer voiced his thanks to Common Council, Chief of Staff Cogan, Budget Chair Mohlenhoff, and city staff noting that everyone’s cooperation is vital to keeping the city financially sustainable. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Adoption of the City of Ithaca Assessment of Fair Housing Under the U.S. Department of Housing and Urban Development (HUD) Entitlement Program - Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, the City of Ithaca (City) receives an annual grant funding from the U.S. Department of Housing & Urban Development (HUD) Entitlement program, which requires the City to adopt and submit an Assessment of Fair Housing (AFH) by November 4, 2017 as a condition for continued funding, and WHEREAS, 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, the IURA has conducted community engagement activities, analyzed fair housing issues and completed a draft Assessment of Fair Housing (AFH), and WHEREAS, Federal fair housing law prohibits discrimination based on race, color, religion, national origin, sex, disability or familial status, and WHEREAS, fair housing issues restrict housing choice and access to opportunity for protected classes, and include:  Patterns of segregation  Racially or ethnically concentrated areas of poverty  Disparities in access to opportunity  Disproportionate housing need  Publically supported housing location and occupancy  Disability and access,  Fair housing enforcement, outreach capacity, and resouces, and WHEREAS, the AFH utilizes HUD-provided data and local information to assess housing issues; identifies contributing factors that create, contribute to, perpetuate or increase the severity of one or more housing issues; and develops goals to address barriers to fair housing, and WHEREAS, a public hearing was held on September 13, 2017 during the development of the AFH, and WHEREAS, the draft AFH is available for a 30-day comment period ending October 30, 2017, and WHEREAS, at their October 13, 2017 meeting, the Neighborhood Investment Committee reviewed this matter and recommended the following action; now, therefore, be it RESOLVED, That Common Council hereby adopts the City of Ithaca Assessment of Fair Housing, Ithaca, NY for submission to HUD and recommends its adoption by the City of Ithaca Common Council. Carried Unanimously November 1, 2017 8 10.2 An Ordinance to Amend The City of Ithaca Municipal Code, Chapter 325, entitled “Zoning,” in Order to Establish a South Hill Overlay District A. Designation of Lead Agency – Resolution Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, State Law and Section 176-6 of the City of Municipal Code entitled “Initial Review of Actions and Establishing Lead Agency” 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 “Type 1” Action pursuant to the City of Ithaca Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” To Create a South Hill Overlay District. Carried Unanimously B. Determination of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, The Common Council is considering a proposal to amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” in order to create a South Hill Overlay District; and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form Parts 1, 2, and 3 (FEAF), dated September 15, 2017; and WHEREAS, the proposed action is a “TYPE I” Action under the City Environmental Quality Review Ordinance; and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared by planning staff; now, therefore be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Full Environmental Assessment Form, dated September 15, 2017; and, be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary; and, be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously C. An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, entitled “Zoning,” in Order to Establish a South Hill Overlay District By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, residents of the South Hill neighborhood have expressed concerns that rapid in-fill development is taking place in the neighborhood and will have a drastic impact on both the aesthetic qualities and the character of the neighborhood; and WHEREAS, currently, this area is predominantly zoned R-1b, R-2a and R-3b, and November 1, 2017 9 WHEREAS, the R-1 and R-2 districts are intended to be lower density districts that are restricted to 1 and 2 family houses and larger lot sizes and these zones are usually located in areas where there are established owner occupied neighborhoods, and WHEREAS, existing zoning regulations permit properties to construct multiple primary structures on a single tax parcel if they are able to meet the area requirements for each additional structure; and WHEREAS, recent development projects in the South Hill neighborhood have been able to meet area requirements allowing development of multiple primary structures on one parcel, which has the potential to significantly change the character of this neighborhood; and WHEREAS, in September of 2015, the Common Council adopted Plan Ithaca as Phase I of the City’s Comprehensive Plan and in 2016, the City began working on Phase II of the Comprehensive Plan, which is a series of neighborhood and area plans; and WHEREAS, in order to allow residents to participate in creating a vision for this area and for the City to develop a plan for sensible growth and development, the City anticipates beginning work on an area plan for the South Hill neighborhood within the next year; and WHEREAS, to ensure that any ongoing development while the plan is being developed supports the goals of the City’s Comprehensive Plan, the City is proposing the creation of an overlay zoning district that would restrict properties to constructing only one primary structure per tax parcel; and WHEREAS, this overlay district will be used to establish the boundaries of the South Hill Study Area; and WHEREAS, once the City completes the planning process for this area, it can determine whether there are locations where in-fill development is more appropriate and whether design guidelines are needed to ensure new development is in line with the neighborhood character; now, therefore ORDINANCE NO. 2017-__ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the City of Ithaca Municipal Code Chapter 325, entitled “Zoning”, be amended as follows: Section 1. Chapter 325 (“Zoning”), Section 325-3(“Definitions and Word Usage”) of the City of Ithaca Municipal Code is hereby amended in order to add a definition of the term “Primary Structure”, to read as follows: Primary Structure A single structure (located on a parcel) containing a use permitted in the zoning district in which it is located. Section 2. Chapter 325 (“Zoning”), Section 325-4(“Zoning Districts”) of the City of Ithaca Municipal Code is hereby amended to add a South Hill Overlay District (SHOD). Section 3. Chapter 325, Section 325-5, “Zoning Map” of the City of Ithaca Municipal Code is hereby amended to create a South Hill Overlay District (SHOD) to include properties located within the boundaries displayed on the map entitled “Proposed Boundary for South Hill Overlay District-September 2017”, a copy of which is attached and shall be kept on file in the City Clerk’s office. Section 4. Chapter 325 (“Zoning”), Section 325-8(“District Regulations”) of the City of Ithaca Municipal Code is hereby amended to add a subsection 325-8E entitled “Additional Restrictions in the South Hill Area” to read as follows: November 1, 2017 10 E. Additional Restrictions in the South Hill Area (1) South Hill Overlay District Restrictions a. After the date of this ordinance, any property located within the South Hill Overlay District with a zoning designation of R-1 or R-2 is prohibited from constructing a primary structure on any parcel already containing one or more primary structures, and is prohibited from constructing more than one primary structure on a parcel containing no primary structures. The preceding sentence shall not impact future changes to primary structures existing prior to the effective date of this paragraph. Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Alderperson Murtagh explained that developers have been purchasing large lots and renting the primary structure to students, and then building a secondary housing unit on the same lot. This action will pause any further development until the South Hill neighborhood area plan can be created to ensure that future development supports the goals of the City’s Comprehensive Plan. Alderperson Kerslick thanked the Planning Division staff and the Planning & Economic Development Committee (PEDC) for their work on this issue. He further thanked the public for sharing their input for those Council members who are not on the PEDC. He voiced his support for this action. Alderperson Brock stated that this issue is appropriate for a building pause while design standards can be created. Alderperson McGonigal thanked the residents of South Hill who took the initiative to move this issue forward and thanked staff for putting the overlay plan together quickly. He explained how this issue affects the entire city, noting that as Collegetown property becomes more expensive, developers are seeking other residential neighborhoods to develop student housing. Alderperson Nguyen voiced his opposition to the legislation as he thinks that it is more of a design issue. He noted that he would be more supportive if there were a time limit associated with this action. He stated that some residents don’t feel this legislation is fair and that a well-designed infill development can be fine. Alderperson Murtagh stated that he would be open to revisiting this action to consider how it impacts conversion projects vs. new construction. He stated that there is no defined timeline; however, staff will be working on the South Hill neighborhood plan next year. Alderperson Brock clarified that design is important and should be considered but the bigger stressors are the behaviors of a population in the neighborhood that are driving away families with children, professionals, etc. as it is not conducive to neighborhood living. She stated that she would like to see Ithaca College’s Public Safety Office take more of an active role with off-campus student behavior. She also stated that she would like to see more bus activity as masses of students walk downtown to the bars and back which has a big impact on the permanent residents. A vote on the Ordinance resulted as follows: Ayes (9) Brock, McGonigal, Murtagh, Gearhart, Fleming, Smith, Kerslick, Decatur Nays (1) Nguyen Carried November 1, 2017 11 10.3 Local Landmark Designation of the Chacona Block at 411-415 College Avenue – Resolution Alderperson Murtagh explained that the Planning & Economic Development Committee had three options when considering this legislation: deny the designation and have the action end in committee, approve the designation and forward it to Common Council for consideration, and deny the designation but move it forward for a full discussion and consideration of Common Council. The Committee selected option three. Resolution By Alderperson Smith: Seconded by Alderperson Brock WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca Landmarks Preservation Commission (ILPC) is responsible for recommending to Common Council the designation of identified structures or resources as individual landmarks and historic districts within the city, and WHEREAS, on August 8, 2017, the ILPC concluded a public hearing for the purpose of considering a proposal to designate the Chacona Block at 411-415 College Avenue as a local landmark, and WHEREAS, the designation of a local landmark is a Type II action under the NYS Environmental Quality Review Act and the City Environmental Quality Review Ordinance and as such requires no further environmental review, and WHEREAS, the ILPC found that the proposal meets criteria 1, 2, 3, 4, and 5 defining a “Local Landmark” under Section 228-3B of the Municipal Code and on August 8, 2017, voted to recommend the designation of the Chacona Block at 411-415 College Avenue, and WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning Board shall file a report with Common Council with respect to the relation of such designation to the comprehensive plan, the zoning law, projected public improvements and any plans for the renewal of the site or area involved, and WHEREAS, a copy of the Planning Board's report and recommendation for approval of the designation, adopted by resolution at the meeting held on September 26, 2017, has been reviewed by the Common Council, and WHEREAS, Section 228-4 of the Municipal Code states that the Council shall within ninety days of said recommendation of designation, approve, disapprove or refer back to the ILPC for modification of same; now, therefore, be it RESOLVED, That the Common Council finds that the designation is not compatible with and will conflict with the comprehensive plan, existing zoning, projected public improvements or any plans for renewal of the site and area involved, and be it further RESOLVED, That the Chacona Block at 411-415 College Avenue, does not meet criteria for local designation, as set forth in the Municipal Code, as follows: 1. it possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or 2. it is identified with historically significant person(s) or event(s); or 3. it embodies the distinguishing characteristics of an architectural style; or 4. Is the work of a designer whose work has significantly influenced an age; or 5. Represents an established and familiar visual feature of the community by virtue of its unique location or singular physical characteristics. RESOLVED, That the Ithaca Common Council disapproves the designation of the Chacona Block at 411-415 College Avenue and the adjacent areas that are identified as tax parcel #64.-2-1 as a local landmark. November 1, 2017 12 Alderperson Kerslick thanked the Committee for bringing this issue to the full Council for consideration, and thanked the Ithaca Landmarks Preservation Commission (ILPC) and the Planning Board for their research and recommendations. He further thanked all of the speakers, especially Student Agencies, for their comments and noted that he appreciates the Memorandum of Commitment. He stated that he supports the Collegetown Plan and the goal to provide better housing for students. He commented that he finds the Chacona building charming and it would be a significant loss to the neighborhood. He further voiced his opinion that the building could be repurposed and he’s not convinced that every option has been explored. Alderperson Decatur noted the difficult decision that needs to be made. He thanked Student Agencies for the time they spent educating Common Council. He stated that the ILPC seems to have a balanced approach and he will support the historic designation of the building. Alderperson McGonigal thanked Student Agencies, noting that he didn’t know much about them until now. He voiced his appreciation for their true commitment to Collegetown. He stated that Collegetown is much less vibrant and diverse than it was 15 years ago as a lot of the record stores, bars, restaurants, grocery store are gone and only a handful of historic businesses/buildings still exist. He voiced his support for the historic designation of the Chacona building. Alderperson Smith compared this proposal to other local designations. He stated that memories have to do with location. That location is the gateway to Collegetown, noting that the building itself is not that significant. He highlighted the differences between summer season and winter season and stated that the corner needs something that is more welcoming year round. The existing building doesn’t meet that standard. He responded to comments made regarding consistency and the recent designation of the Larkin building. He stated that the buildings look very different and the conversation is completely different based on the architectural arguments. He stated that the developer has a proven track record, and he will oppose the historic designation. Alderperson Fleming acknowledged how difficult it is to disagree with people she respects and admires but after serious consideration of all of the arguments, she falls on the side of not designating the building as historic. She highlighted the fact that Student Agencies has operated for over 40 years at that site and John Chacona only owned the building for 8 years. She stated that she understands the sentiments and sadness regarding the loss of old buildings, and hopes that those sentiments can be respected. She stated that she would vote against the designation of this building. Alderperson Brock stated that she appreciates the work of Historic Ithaca and the ILPC very much. She noted that Ithaca aspires to be a world famous city and our partnership with Cornell University is a large part of that. She stated that the corner entrance into Collegetown is unremarkable after leaving the beautiful campus and this location has tremendous opportunity. She noted that she conducted a lot of first hand investigations of the buildings and stated that designations will not save iconic experiences. This action is to save a building, not a business. She stated that she would not vote to designate the building as historic. Amending Resolution: By Alderperson Murtagh: Seconded by Alderperson McGonigal RESOLVED, That the last Resolved clause be amended to read: “RESOLVED, That the Ithaca Common Council approves the designation of the Chacona Block at 411-415 College Avenue and the adjacent areas that are identified as tax parcel #64.-2-1 as a local landmark. Alderperson Murtagh stated that he believes the building is salvageable and noted that the City’s Comprehensive Plan calls for preservation of historic resources. He stated that the ILPC are collaborators of opportunities and he does not believe that those opportunities have been properly explored. He stated that he would vote to support historic designation. November 1, 2017 13 Alderperson Gearhart stated that he understands the building meets the standards for historic designation; however, the fabric of the block is not driven by all historic buildings and has changed over the years. Alderperson Mohlenhoff stated that this level of public participation is really exciting and she wished it happened more often. She noted that the message tonight is “balance” as there are massive amounts of competing priorities. She stated that she believes firmly in historic preservation and adaptive re-use in neighborhoods. She also believes that there could be a newer, taller vision for this building and Student Agencies is making a loud commitment to maintaining elements that are important to the community. She stated that she would not support the amendment but would support the Main Motion. A vote on the Amending Resolution resulted as follows: Ayes (5) McGonigal, Nguyen, Murtagh, Kerslick, Decatur Nays (5) Brock, Gearhart, Fleming, Smith, Mohlenhoff Mayor Myrick broke the tie voting Nay. Failed (5-6) Main Motion A vote on the Main Motion resulted as follows: Ayes (5) Brock, Gearhart, Fleming, Smith, Mohlenhoff Nays (5) McGonigal, Nguyen, Murtagh, Kerslick, Decatur Mayor broke the tie voting Aye. Carried (6-5) Motion to extend meeting By Alderperson Smith: Seconded by Alderperson Nguyen RESOLVED, That the meeting be extended for one hour. Ayes (8) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Mohlenhoff Decatur Nays (2) McGonigal, Kerslick REPORTS OF COMMON COUNCIL LIAISONS: Special Joint Committee Alderperson Brock reported that the Ithaca Area Wastewater Treatment Plant received minor violations after an inspection in August 2017. The violations resulted in a $9,800 fine and involved chemical bulk storage; condensation, failure to register two newer tanks, and inadequate signage. Workforce Diversity Advisory Committee Alderperson Brock reported that the WDAC is completing work on the fragrance free policy and the re-establishment of purchasing policies for cleaning products. She stated that a public education campaign will be developed to raise awareness that chemical sensitivities to scents can cause physical reactions. Board of Public Works Alderperson Fleming reported that the Board of Public Works has been discussing the following:  W. State/MLK Street Corridor re-design  Three bridges have red flag warnings  Harold Square staging area  210 Linden Avenue construction – NYS Fire Code mandates specific street widths for buildings that are 30’ high for fire protection purposes. Overhead wires either need to be placed underground or a loading zone may need to be placed in front of the building.  4-way stop at Cascadilla & Cayuga Streets November 1, 2017 14 Tompkins County Council of Governments (TCCOG) Alderperson Fleming reported that TCCOG has been discussing topics such as solar farms and new occupancy zoning. TCAT Alderperson Nguyen reported that he will serve as Vice Chair to TCAT next year and former Tompkins County Legislator Frank Proto will serve as Chair. Bicycle Pedestrian Advisory Council Alderperson Nguyen reported that BPAC is going to advocate for a mid-block crossing on the W State/MLK St. corridor. Report from City Clerk City Clerk Holcomb reported that Tompkins County and the City of Ithaca have deployed the new Swift911 mass notification system and encouraged everyone to subscribe to receive important notifications from the city. She further reported that Mayor Myrick has suspended the enforcement of the Odd/Even parking regulations in conjunction with this system. The parking regulations will be enforced during snow events and other city operations and the City will notify residents of these changes through the Swift911 system. Report from City Attorney City Attorney Lavine reported that the City Administration Committee will continue to discuss the law enforcement shared services study and will explore shared training, and investigative services. Further exploration may occur regarding the consolidation of smaller law enforcement agencies throughout the County. MINUTES FROM PREVIOUS MEETINGS: 17.1 Approval of the October 4, 2017 Common Council Meeting Minutes – Resolution Approval of the minutes of the October 4, 2017 Common Council meeting was deferred until the December meeting. ADJOURNMENT: On a motion the meeting adjourned at 10:40 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor