HomeMy WebLinkAboutMN-CC-2018-04-04COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. April 4, 2018
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming,
Smith, Kerslick, Lewis, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Building - Planning & Development Director – Cornish
Superintendent of Public Works – Thorne
Human Resources Director – Michell-Nunn
Chief of Staff - Cogan
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
Mayor Myrick called attention to the fact that 50 years ago to the minute, Dr. Martin
Luther King, Jr. was shot in Memphis, TN and later succumbed to his injuries. It was a
particular moment of pain in our history. He noted that Dr. King changed everyone’s
lives, especially his as he would not have had the opportunities that were afforded to
him without the achievements made by Dr. King. He commented that Dr. King’s work is
unfinished: racism, poverty, and militarism still exist and need to be eradicated. Mayor
Myrick requested a moment of silence in honor of Dr. King and for people to hope and
pray for the wisdom to do what we can to fulfill the mission of Dr. King’s life.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Alderperson Mohlenhoff requested that Items 8.12 and 8.14 be pulled from the Consent
Agenda and become Items 9.1 and 9.2 under the City Administration Committee
agenda.
No Common Council Member objected.
PROCLAMATIONS/AWARDS:
Presentation of Quarterly Employee Recognition Award:
Mayor Myrick presented the City of Ithaca Quarterly Employee Recognition Award to
GIS Specialist Susan Nixson. Ms. Nixson was recognized by Transportation Engineer
Eric Hathaway for her analysis skills and the initiative she takes in assisting city
departments. He noted that her creativity and organization enables him to analyze data
in way that he believes will make Ithaca a safer and better place to live.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Introduction to New Tompkins County Administrator – Jason Molino
Tompkins County Administrator Jason Molino introduced himself to Common Council,
noting that this was his 60th day of service with the County. He served 12 years as the
City Manager of Batavia, and also served the Village of Port Chester. He noted that he
understands the value of City/County partnerships and the shared initiatives that the
City of Ithaca and Tompkins County currently participate in.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Fay Gougakis, City of Ithaca – wished everyone a happy spring, and echoed the
statements of Mayor Myrick in regards to Dr. King. She further addressed the following
issues: local phone numbers for elected officials, aggressive panhandling, crime in the
City and the recent discovery of a stash of weapons at a Collegetown residence.
Common Council
April 4, 2018
2
Marc Messing, Town of Ithaca – stated that he has not received a response regarding
his request for information about the Cascadilla Boat Club as it relates to public access
to the club, retribution of critics, safety concerns, and denials of membership.
Jonathan Steel, Town of Ulysses – requested that his corner lot at 301 Dryden Road be
included in the Planned Unit Development Overlay District (PUDOD). He noted that his
dream is to have an establishment that would include food & beverage for his tenants
and others and would like to include outdoor seating.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson McGonigal thanked the Mayor for recognizing one of the darkest days in
American history and shared his own experiences and how Dr. King’s work and life
influenced him and his family.
Alderperson Brock thanked Mr. Messing for bringing those questions forth and
suggested that this issue be referred to the Parks, Recreation, and Natural Resources
Commission for further discussion. She noted that there should be a level of oversight
over contracts to use city property, and complaints should be properly investigated.
Alderperson Murtagh thanked Ms. Gougakis for pushing for change and ensuring local
phone numbers for elected officials.
CONSENT AGENDA ITEMS:
Department of Public Works:
8.1 Kilpatrick’s Publick House Restaurant - Alcohol Permit Request –
Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the City Clerk has received a request to allow Kilpatrick’s Publick House
Restaurant to utilize certain areas along North Tioga Street for outdoor dining; and
WHEREAS, this use of public property has been deemed proper and successful; and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining; and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons; and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Kilpatrick’s Publick House Restaurant, including the responsible sale
and consumption of alcohol, is desirable; and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2018, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for
Kilpatrick’s Publick House Restaurant that includes the sale of alcohol in accord with the
terms and conditions set forth in application therefore, including minimum Dram Shop
coverage in the amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
8.2 Le Café Cent-Dix Restaurant Alcohol Permit Request – Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the City Clerk’s Office has received a request to allow Le Café Cent-Dix
Restaurant to utilize certain areas along North Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
Common Council
April 4, 2018
3
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Le Café Cent-Dix Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2018, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Le Café
Cent-Dix Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in
the amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
8.3 Approval of Luna Street Food Downtown Restaurant Alcohol Permit
Request – Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the Luna Street Food Downtown Restaurant has requested permission to
utilize certain areas along North Aurora Street for outdoor dining; and
WHEREAS, this use of public property has been deemed proper and successful; and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining; and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Luna Street Food Downtown Restaurant, including the responsible
sale and consumption of alcohol, is desirable; and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2018, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Luna
Street Food Downtown Restaurant that includes the sale of alcohol in accord with the
terms and conditions set forth in application therefore, including minimum Dram Shop
coverage in the amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
8.4 Mahogany Grill Restaurant Alcohol Permit Request – Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the City Clerk has received a request to allow the Mahogany Grill
Restaurant to utilize certain areas along Aurora Street for outdoor dining; and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining; and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons; and
Common Council
April 4, 2018
4
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Mahogany Grill Restaurant, including the responsible sale and
consumption of alcohol, is desirable; and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2018, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the
Mahogany Grill Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in
the amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
8.5 Mercato Bar and Kitchen Restaurant Alcohol Permit Request – Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the City Clerk’s Office has received a request to allow Mercato Bar and
Kitchen Restaurant to utilize certain areas along North Aurora Street for outdoor dining,
and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Mercato Bar and Kitchen Restaurant, including the responsible sale
and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2018, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Mercato
Bar and Kitchen Restaurant that includes the sale of alcohol in accord with the terms
and conditions set forth in application therefore, including minimum Dram Shop
coverage in the amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
8.6 Mia Noodle Bar and Restaurant Alcohol Permit Request – Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the City Clerk has received a request to allow Mia Noodle Bar and
Restaurant to utilize certain areas along the Primary Commons for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Mia Noodle Bar and Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
Common Council
April 4, 2018
5
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2018, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Mia
Noodle Bar and Restaurant that includes the sale of alcohol in accord with the terms
and conditions set forth in application therefore, including minimum Dram Shop
coverage in the amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
8.7 Sahara Restaurant Alcohol Permit Request – Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the Sahara Restaurant has requested permission to utilize certain areas
along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Sahara Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2018, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the
Sahara Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in
the amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
8.8 Taste of Thai Restaurant Alcohol Permit Request - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the City Clerk has received a request to allow the Taste of Thai Restaurant
to utilize certain areas along the Primary Commons for outdoor dining; and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining; and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Taste of Thai Restaurant, including the responsible sale and
consumption of alcohol, is desirable; and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2018, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Taste
Common Council
April 4, 2018
6
of Thai Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in
the amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
8.9 Woody’s Ladybugs, LLC – d/b/a Red’s Place Restaurant Alcohol Permit
Request - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, Woody’s Ladybugs , LLC – d/b/a Red’s Place Restaurant has requested
permission to utilize certain areas along Aurora Street for outdoor dining; and
WHEREAS, this use of public property has been deemed proper and successful; and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining; and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons; and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Woody’s Ladybugs , LLC – d/b/a Red’s Place Restaurant, including
the responsible sale and consumption of alcohol, is desirable; and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2018, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Woody’s
Ladybugs, LLC – d/b/a Red’s Place Restaurant that includes the sale of alcohol in
accord with the terms and conditions set forth in application therefore, including
minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an
outdoor dining permit.
Carried Unanimously
8.10 Planning, Building and Economic Development - Amendment to Personnel
Roster - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the Planning Division created and hired a Database Specialist position in
2015; and
WHEREAS, the purpose of the Database Specialist position was to support, develop
and maintain database applications to ensure that databases are operational with
complete and accurate data; and
WHEREAS, the Database position was filled in early 2017 and was subsequently
vacated in September 2017; and
WHEREAS, in the last 12 months a property management database supporting
planning and building activities has been more fully developed, tested and used. As a
result of these activities and other developments within the department, it has become
apparent that the skills needed in the department and the duties associated with the
effective use of the database are more consistent with those of a planner than a
database specialist; now, therefore be it
RESOLVED, That the personnel roster of the Department of Planning, Building and
Development be amended as follows:
Add: One (1) Planner (Grade 13) 35 hours
Delete: One (1) Database Specialist (Grade 8) 40 hours
; and, be it further
Common Council
April 4, 2018
7
RESOLVED, That the funding for this change shall be derived from existing funds within
the approved 2018 departmental budget.
Carried Unanimously
8.11 Department of Public Works (DPW) - Amendment to Capital Project #700 for
Cascadilla Creek Dredging Design - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, design work is underway for dredging the reach of Cascadilla Creek
between the Cayuga Inlet and the Route 13 crossing, and the total budget for this
dredging activity is $2 million, to be provided by a grant through the Dormitory Authority
of the State of New York (DASNY); and
WHEREAS, the extent and amount of dredging to be performed is highly dependent on
disposal restrictions that will be imposed for the removed sediment and that will be
based on lab results of environmental samples collected from the creek bottom; and
WHEREAS, the New York State Department of Environmental Conservation (NYSDEC)
has reviewed and approved the City’s proposed sampling plan to characterize the
sediments for disposal purposes; and
WHEREAS, the City’s dredging design consultant has estimated costs for sampling and
analysis services in the amount of $35,000, which will be included as a project cost and
reimbursed at a later date through the DASNY grant; and
WHEREAS, design work cannot proceed any further until sampling and analysis work
has been completed, and the City cannot submit permitting documents for the proposed
2019 dredging work until the design work is completed; and
WHEREAS, Capital Project #700 was established in 2006 for the purposes of planning
and design of dredging work related to the creeks and the inlet; now, therefore be it
RESOLVED, That Common Council hereby amends Capital Project #700 in the amount
of $35,000 to cover the sampling and analysis costs to characterize Cascadilla Creek
sediments for disposal purposes; and, be it further
RESOLVED, That funds needed for said amendment be derived from the issuance of
Serial Bonds and/or a General Fund advance with later repayment from grant funds.
Carried Unanimously
8.13 Recommendation that “Six Mile Creek” be the Appropriate Name for that
Stream - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, Six Mile Creek in Tompkins County is listed by the United States Board on
Geographic Names as “Sixmile Creek”; and
WHEREAS, common usage in Ithaca and beyond is to refer to this stream as “Six Mile
Creek”; and
WHEREAS, the City of Ithaca Municipal Code consistently refers to the stream as “Six
Mile Creek”; and
WHEREAS, the use of the name “Six Mile Creek” has substantial historical support
stretching well back into the 1800’s, according to the City Historian; and
WHEREAS, Timothy Larkin, a Tompkins County resident, has initiated the formal
process of officially changing the name to “Six Mile Creek”; and
WHEREAS, the United States Board on Geographic Names requests local
municipalities to weigh-in on requests for name changes; now, therefore be it
Common Council
April 4, 2018
8
RESOLVED, That the Mayor be authorized to sign and submit a Geographic Name
Proposal Recommendation form to the United States Board on Geographic Names,
confirming that the City of Ithaca believes this stream should be officially known as “Six
Mile Creek”.
Carried Unanimously
8.15 Finance Department - Approval of Updated Purchasing Policy - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the City of Ithaca Purchasing Policy needs to be updated to conform to
current State and Federal regulations; now, therefore be it
RESOLVED, That Common Council hereby approves the updated Purchasing Policy,
which shall be effective April 4, 2018, and will be reviewed annually by the Controller’s
Office for possible changes and amendments; and, be it further
RESOLVED, That all future changes and/or amendments to the purchasing policy must
be approved by Common Council.
Carried Unanimously
8.16 Finance Department - Approval of Grant Modification - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the City is closing out two older New York State (NYS) Grants, including
the Waterfront Trail Project and the Skate Park; and
WHEREAS, one of the grant closeout requirements is that the Mayor sign a grant
modification agreement to modify the period of the grant for the Waterfront Trail to
December 31, 2005; and
WHEREAS, City staff are unable to locate such an approval by the Mayor previously;
now, therefore be it
RESOLVED, That Common Council hereby authorizes the Mayor to sign the required
NYS Modification Agreement form for the Waterfront Trail Project; and, be it further
RESOLVED, That the Mayor is hereby authorized to sign any grant amendment forms
for the Skate Board Park Project.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 Department of Public Works (DPW) - Authorization to Operate the Newman
Municipal Golf Course Club House Food and Beverage Concessions - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the City currently offers food and beverage at the Newman Municipal Golf
Course Club House under an existing but out of date agreement; and
WHEREAS, the City has an interest in advertising the concession opportunity through a
Request for Proposals process, thereby bringing the club house concession into
conformity with other City concession terms and conditions; and
WHEREAS, pursuant to City Code Chapter 170 “Use of City Real Property”, any
concessionary or other non-transitory use of City parkland requires a license; and
WHEREAS, Section 170-5(G) vests in the Common Council sole authority to grant
approval of any license to make non-transitory use of City parkland; and
WHEREAS, City Code Chapter 336 authorizes the Superintendent of Public Works to
execute concession agreements within City parks; now, therefore be it
RESOLVED, That Common Council finds that the proposed concession constitutes a
public recreation-related use of the club house, is not expected to significantly
compromise the public’s ability to enjoy the golf course, and in fact is expected to
enhance the overall quality of the its appeal and benefit to the public; and, be it further
Common Council
April 4, 2018
9
RESOLVED, That Common Council hereby authorizes the use of the golf course club
house for concessions; and, be it further
RESOLVED, That Common Council hereby authorizes the Superintendent of Public
Works to advertise, now and in the future, a Request for Proposals for such
concessions and to select and license eligible vendors; and, be it further
RESOLVED, That as the City has not established a regular, fair-market fee for such
seasonal use of its parkland, Council hereby authorizes the fee concessionary use of
the club house to be set with a base fee of no less than $2,000.00 plus a percent gross
of revenue receipts of no less than 8% for the 2018 season, and which base fee shall
be paid to the City concurrently with execution of the license and gross revenue at the
conclusion of the season; and, be it further
RESOLVED, That base fee, gross revenue percentage, and seasonal dates for
subsequent years shall be established by the Board of Public Works prior to January
31st of each year; and, be it further
RESOLVED, That the Superintendent, upon the advice of the City Attorney, is
authorized to issue a revocable license to the vendor selected containing the standard
terms and conditions with regard to liability insurance coverage, indemnification of the
City, and other pertinent matters.
City Attorney Lavine explained that this Resolution was an attempt to make the terms of
this concession consistent with the other concessions that are licensed by the City;
however, he and Superintendent of Public Works Thorne explained that due to the
condition of the club house, there may not be anyone interested in bidding for this
concession as written. The kitchen is very small and outdated, and the current flat fee
structure of $2,000 per year seems to be the best approach. If no vendor is awarded
the contract, the City is likely to lose quite a bit of revenue from the golf course.
Amending Resolution:
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
RESOLVED, That the third to the last Resolved clause be amended to read as follows:
“RESOLVED, That as the City has not established a regular, fair-market fee for such
seasonal use of its parkland, Council hereby authorizes the fee concessionary use of
the club house to be set with a base fee of no less than $2,000.00 plus a percent gross
of revenue receipts of no less than 8% for the 2018 season, or pursuant to such other
fee structure with or without a gross revenue percentage as approved by the
Superintendent of Public Works at a level not less than $2,000.00; and, be it further”
Carried Unanimously
Discussion followed on the floor regarding the future of the club house building and its
relationship to the proposed City Harbor project.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
9.2 An Ordinance to Amend Chapter 240 of the City of Ithaca Municipal Code
entitled “Noise Ordinance”
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the purpose of Chapter 240 of the City of Ithaca Municipal Code is to
preserve the public health, peace, welfare and good order by suppressing the making,
creation or maintenance of excessive, unnecessary, unnatural or unusually loud noises
which are prolonged, unusual and unnatural in their time, place and use and which are
detrimental to the environment; and
WHEREAS, it is also the purpose of this Chapter to allow all residents of the City to
coexist harmoniously in a manner which is mutually respectful of the interests, rights
and obligations of all persons; and
Common Council
April 4, 2018
10
WHEREAS, the intention is to apply this Chapter to hold the creators of the noise liable
for the consequences, whether or not the disturbance caused by the noise was
intentional; and
WHEREAS, when there is a social event that creates unreasonable noise, the residents
of the premises should be responsible, whether present or absent; and
WHEREAS, the Common Council desires to clarify the mens rea of offenses in this
chapter and thereby meet the legislative intent; and
WHEREAS, the noise ordinance currently contains a conflict in property classification
between the term “use” and the zoning of properties; and
WHEREAS, the nature of property is most clearly defined by the zoning classification of
property rather than the “use;” and
WHEREAS, staff recommend creating an exception for construction, demolition, and
repair noise made pursuant to a building permit or site plan, both of which may contain
their own limitations; now therefore
ORDINANCE 2018 -
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, despite the continuing
utility of the City’s subjective standard for identifying unreasonable noise, certain noise
determinations, and particularly those situations of an ongoing or repetitive nature, may
be better resolved under an objective decibel-based standard for identifying
unreasonable noise.
Section 2. Chapter 240 of the City of Ithaca Municipal Code shall be amended to read
as follows:
§240-1 Title.
This chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance."
§240-2 Purpose.
The purpose of this chapter is to preserve the public health, peace, welfare and good
order by suppressing the making, creation or maintenance of excessive, unnecessary,
unnatural or unusually loud noises which are prolonged, unusual and unnatural in their
time, place and use and which are detrimental to the environment. It is also the purpose
of this chapter to allow all residents of the City to coexist harmoniously in a manner
which is mutually respectful of the interests, rights and obligations of all persons.
§240-3 Definitions.
[Amended 9-1-2004 by Ord. No. 2004-14]
Unless the context otherwise clearly indicates, the words and phrases used in this
chapter are defined as follows:
ANSI
The American National Standards Institute or its successor bodies.
A-WEIGHTED SOUND LEVEL
The sound pressure level in decibels as measured on a sound level meter using
the A-weighted network. The level so read is designated "dBA". All references to
"decibel" shall be presumed to mean "dBA" unless otherwise specified.
COMMERCIAL USE PROPERTY
Any premises containing businesses where sales, offices, professional services, or
other commercial use is legally permitted.
Common Council
April 4, 2018
11
CONTINUOUS SOUND
Any sound that is not impulse sound.
DAYTIME HOURS
The hours between 7:30 a.m. and 10:00 p.m., local time, on any day.
dBA
The A-weighted sound level in decibels.
DECIBEL
A unit for measuring the volume of a sound, equal to the logarithm of the ratio of
the sound pressure of the sound to the sound pressure of a standard sound
(0.0002 microbar); abbreviated "dB."
EMERGENCY WORK
Work made necessary to restore property to a safe condition following a public
calamity or work necessary to protect persons or property from an imminent
exposure to danger.
IMPULSIVE SOUND
A sound of short duration, usually less than one second, and of high intensity,
with an abrupt onset and rapid decay.
INDUSTRIAL USE PROPERTY
Any premises engaged in the manufacturing, processing, production, or shipping, of
equipment or materials, including storage yards, shall be considered industrial use,
where legally permitted.
MOTOR VEHICLES
Includes but is not limited to automobiles, trucks, buses, mopeds, minibikes and
any other vehicles as defined by the Vehicle and Traffic Law of the State of New
York, as it may be amended from time to time.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one category of activity
(e.g., commercial and residential).
NIGHTTIME HOURS
The hours between 10:00 p.m., local time, on any day and 7:30 a.m. on the
following day.
PERSON
Includes the singular and plural and also any individual; any property owner
and/or lessee; any firm; a corporation; a political subdivision; a government
agency, including any agency of the City of Ithaca; an association or an
organization, including but not limited to officers, directors, employees, agents
and/or independent contractors thereof; or any legal entity whatsoever.
REAL PROPERTY LINE
Means either (a) the vertical boundary that separates one parcel of property (i.e.,
lot and block) from another residential or commercial property; (b) the vertical
and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit
building; or (c) on a multi-use property as defined herein, the vertical or horizontal
boundaries between the two portions of the properties on which different
categories of activity are being performed.
RESIDENTIAL USE PROPERTY
Any property used for human habitation, unless habitation is a condition of
employment, including, but not limited to:
1. Private property used for human habitation;
Common Council
April 4, 2018
12
2. Commercial living accommodations and commercial property
used for human habitation;
3. Recreational and entertainment property used for human
habitation;
4. Community service property used for human habitation.
SOUND-AMPLIFYING EQUIPMENT
Any machine or device for the amplification of the human voice, instrumental
music or any other sound. As used in this chapter, "sound-amplifying equipment"
shall not include warning devices on authorized emergency vehicles or horns or
other warning devices on any vehicle used only for traffic safety purposes or
authorized fire horns or other authorized emergency alarms.
SOUND-LEVEL METER
An instrument that conforms to ANSI S1.4-1983 or its successors.
SOUND SOURCE
Any person or thing from which sound is created.
UNREASONABLE NOISE
A level of sound that is injurious or annoying or disturbing to be heard.
§240-4 Unreasonable noise prohibited.
[Amended 8-4-2004 by Ord. No. 2004-12]
A. No person shall cause public inconvenience, annoyance or alarm or recklessly create
a risk thereof by making unreasonable noise or by causing unreasonable noise to be
made.
B. For the purpose of implementing and enforcing the standard set forth in
Subsection A of this section, "unreasonable noise" shall mean any sound created or
caused to be created by any person which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of the public or which causes injury to
animal life or damages to property or business. Factors to be considered in determining
whether unreasonable noise exists in a given situation include but are not limited to any
or all of the following:
(1) The intensity of the noise.
(2) Whether the nature of the noise is usual or unusual.
(3) Whether the origin of the noise is associated with nature or human-made activity.
(4) The intensity of the background noise, if any.
(5) The proximity of the noise to sleeping facilities.
(6) The nature and the zoning district of the area within which the noise emanates and
of the area within 500 feet of the source of the sound.
(7) The time of the day or night the noise occurs.
(8) The time duration of the noise.
(9) Whether the sound source is temporary.
(10) The volume of the noise.
(11) The existence of complaints concerning the noise from persons living or working in
different places or premises who are affected by the noise.
C. This section shall not be interpreted to prevent the issuance of permits pursuant to
Common Council
April 4, 2018
13
§240-14 that will authorize particular sound sources.
D. "Person" defined. For the purposes of this section:
(1) For an offense that occurs on any public property where permission was obtained to
use that public property, a "person" shall include the person or persons who obtained
permission to utilize that property for that event.
(2) For an offense that occurs on private property, a "person" shall include any adult
person or persons who live in or on the property that is involved in the offense.
(3) For an offense that occurs after granting of a permit pursuant to Article III of this
chapter, a "person" shall include the person or persons who are listed on the permit.
§240-5 Purpose of article.
The provisions of this Article II complement and supplement the other provisions of this
chapter and shall be interpreted and applied in accordance with and in addition to and
not in lieu of those other provisions. The provisions of this article shall not be interpreted
to prevent the issuance of permits pursuant to §240-14 that will authorize particular
sound sources.
§240-6 Devices for sound amplification, production and reproduction.
A. It shall be unlawful for any person anywhere in the City to use or to operate any radio
or receiving set, musical instrument, phonograph, television set, any other machine or
device for the producing or reproducing of sound or any other sound-amplifying
equipment in a loud, annoying or offensive manner such that noise from the device
interferes with the comfort, repose, health or safety or members of the public or
recklessly creates a risk thereof, within any building or, outside of a building, at a
distance of 25 feet or more from the source of such sound or interferes with the
conversation of members of the public who are 25 feet or more from the source of such
sound. [Amended 9-1-2004 by Ord. No. 2004-13]
B. "Person" defined. For the purposes of this section:
[Added 8-4-2004 by Ord. No. 2004-12]
(1) For an offense that occurs on any public property where permission was obtained to
use that public property, a "person" shall include the person or persons who obtained
permission to utilize that property for that event.
(2) For an offense that occurs on private property, a "person" shall include any adult
person or persons who live in or on the property that is involved in the offense.
(3) For an offense that occurs after granting of a permit pursuant to Article III of this
chapter, a "person" shall include the person or persons who are listed on the permit.
§240-7 Parties and other social events.
A. It shall be unlawful for any person in charge of a party or other social event that
occurs on any private or public property to allow that party or event to produce noise in
a loud, annoying or offensive manner such that noise from the party interferes with the
comfort, repose, health or safety of members of the public within any building or, outside
of a building, or recklessly creates the risk thereof, at a distance of 25 feet or more from
the source of such sound. [Amended 9-1-2004 by Ord. No. 2004-13]
B. For the purposes of this section, a "person in charge of a party or other social event":
[Amended 9-1-2004 by Ord. No. 2004-13]
(1) That occurs on any public property shall include the person or persons who obtained
permission to utilize that property for that event.
Common Council
April 4, 2018
14
(2) That occurs on private property shall include the person who owns the premises
involved and any adult person who lives in or on the premises involved in such party or
social event.
(3) Shall include the person who is listed on a permit granted pursuant to Article III of
this chapter with respect to such event.
C. For any violation of this section where beer is being served from a keg on the
premises, the person to whom the keg is registered shall be presumed to be
responsible for the violation, in addition to any person designated in Subsection A or B
above.
§240-8 Maximum Permissible Sound Levels.
In addition to prohibitions set forth elsewhere in this chapter, the following general
prohibitions regarding sound levels shall apply in determining unreasonable noise:
A. No person shall operate or cause to be operated any source of continuous sound
from any use occupancy in such a manner as to create a sound level which exceeds the
limits set forth in the receiving use occupancy zone category in Table I, when measured
at or within the real property line of the receiving property.
TABLE I
MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS
BY RECEIVING LAND USE ZONES
dBA
Residential1
7:30 a.m. -
10:00 p.m.
Residential
10:00 p.m. –
7:30 a.m.
Commercial2
7:30 a.m. – 12 a.m.
Commercial
12am - 7:30
a.m.
Industrial
24 hours
OUTDOORS
60 50 65 55 75
INDOORS3
50 40 55 40 65
1. Property receptor located within an area that’s zoned residential.
2. Property receptor located within an area that’s zoned commercial,
including but not limited to those zones designated CBD, Waterfront, B, WDEZ,
and MU (Collegetown Mixed-Use District).
3. The indoor permissible sound level limits will only apply if the sound
source is on or within the same property as the receiving property, as in the case
of a multi-dwelling unit building or a multi-use property (e.g., sound generated
within a commercial unit of a multi-use property building and received within a
residential unit of the same building). In addition, indoor measurements shall be
taken if the property line between the receiving property and the source property
is a common wall, floor or ceiling.
(2) Impulsive Sound:
No person shall make, cause, allow or permit the operation of any impulsive source of
sound within any and all property in the city which has a maximum sound pressure level
in excess of eighty (80) dBA, when measured at or within the real property line of the
receiver. If an impulsive sound is the result of the normal operation of an industrial or
commercial facility and occurs more frequently than four (4) times in any hour the levels
set forth in Table I shall apply.
§240-9 Other Prohibited Acts
A. Unamplified human voice.
(1) No person shall make, continue, or cause to be made or continued, any unreasonable
noise by use of the unamplified human voice. The unamplified human voice engaged at
conversational levels shall be exempt from this provision if such sound is not plainly
Common Council
April 4, 2018
15
audible beyond 100 feet or does not infringe on the legitimate rights of others. Raised
vocal effort, such as shouting, yelling or screaming, with intent to cause public
inconvenience, annoyance or alarm or recklessly causing a risk thereof or that serves
no legitimate purpose, when audible at distances greater than 100 feet, is prima facie
evidence of a violation of this provision. This shall not apply to spontaneous utterances
such as laughter, exclamations of warning, or sporting events.
(2) It shall be unlawful for any person to advertise, promote or sell anything by outcry within
any area of the City zoned for residential uses, including all R and CR zones. The
provisions of this section shall not be construed to prohibit the selling by outcry of
merchandise, food and beverages at licensed sporting events, parades, fairs, circuses
and other similar licensed public entertainment events.
B. Machinery.
It shall be unlawful for any person to operate or repair any machinery, motor vehicle,
construction equipment or other equipment, pump, fan, air-conditioning apparatus or
similar mechanical device or to engage in any commercial or industrial activity in an y
manner so as to create unreasonable noise as defined in §240-4 of this chapter. In
making such determination with respect to the matters governed by this section,
additional factors to be considered shall include:
(1) The necessity of the work being done.
(2) The ability of the creator of the noise to minimize or reduce the amount of noise
created or to otherwise minimize its adverse effects.
C. Construction during nighttime hours.
(1) Except for the purposes specified in Subsection B hereunder, during nighttime hours
it shall be unlawful for any person within a residential zone or within 500 feet of a
residential zone to operate construction equipment (including but not limited to any pile
driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform
any outside construction or repair work so as to create noise. Any designated official of
the City of Ithaca shall give a verbal warning that the violation exists and of the penalties
that may result if the violation continues.
(2) This section shall not be deemed to prohibit:
a. Work of an emergency nature.
b. Work of a domestic nature on buildings, structures or projects being undertaken by a
person(s) residing in such premises; provided that, if any domestic power tool, including
but not limited to mechanically powered saws, sanders, grinders and lawn and garden
tools used outdoors, is operated during the nighttime hours, no person shall operate
such machinery so as to cause noise within a residential building or across a residential
real property boundary where such noise interferes with the comfort, repose, health or
safety of members of the public within any building or, outside of a building, at 25 feet or
more from the source of the sound.
§240-10. Motor Vehicles
A. No person shall remove or render inoperative, or cause to be removed or rendered
inoperative or less effective than originally equipped, other than for the purposes of
maintenance, repair, or replacement, of any device or element of design incorporated in
any motor vehicle for the purpose of noise control. No person shall operate a motor
vehicle or motorcycle which has been so modified. A vehicle not meeting these
requirements shall be deemed in violation of this provision if it is operated stationary or
in motion in any public space or public right-of-way.
B. No motorcycle shall be operated stationary or in motion unless it has a muffler that
complies with and is labeled in accordance with the Federal Noise Regulations under 40
CFR Part 205.
Common Council
April 4, 2018
16
C No person shall operate any motor vehicle with an engine braking device engaged
which does not have a muffler in good working order.
D. Personal or commercial vehicular music amplification or reproduction equipment shall
not be operated in such a manner that it is plainly audible at distance of 25 feet in any
direction from the vehicle between the hours of 10:00 p.m. and 7:30 a.m.
E. Personal or commercial vehicular music amplification or reproduction equipment shall
not be operated in such a manner that is plainly audible at a distance of 50 feet in any
direction from the operator between the hours of 7:30 a.m. and 10:00 p.m.
§240-11 Applicability of section.
Section 240-6, 240-7, 240-8 and 240-9 shall be applied in addition to §240-4.
§240-12 Exceptions.
The provisions of this chapter shall not apply to:
A. Sound and vibration emitted for the purpose of alerting people in an emergency or in
the performance of the response to an emergency.
B. Sounds connected with any authorized carnival, fair, exhibition, parade or
community celebration or from any municipally sponsored celebration, event, activity or
individually sponsored event where a permit or other relevant permission has been
obtained from the City.
C. The operation or use of any bell, chimes, or other instrument from any church,
synagogue, temple, mosque or school licensed or chartered by the State of New York,
provided such operation or use does not occur during nighttime hours.
D. Sounds created by any government agency by the use of public warning devices.
E. Noise from domestic power tools, lawn mowers, leaf blowers and agricultural
equipment when operated with a muffler between the hours of 8:00 a.m. and 8:00 p.m.
on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided
they produce less than 75 dBA at or within any real property line of a receiving
residential property.
F. Noise from snow blowers, snow throwers, and snow plows when operated with a
muffler for the purpose of snow removal.
G. Noise from an exterior burglar alarm of any building or motor vehicle provided such
burglar alarm shall terminate its operation within five (5) minutes after it has been
activated.
H. Sounds created by any governmental agency or railroad agency by the use of public
warning devices or created by public utilities in carrying out the normal operations of
their franchises.
I. Noise necessarily or customarily caused by construction, demolition, repair or
other activity conducted pursuant to a building permit issued by the City of
Ithaca, and in compliance with all limitations required by the building permit and
from site plan review.
§240-13 Permit procedures for events of a temporary duration.
[Amended -1-2004 by Ord. No. 2004-14; 5-4-2005 by Ord. No. 2005-06]
Except as provided for in §157-8of the City Code regarding the Ithaca Commons:
A. Where a sound source exists, is planned, installed or intended to be installed or
modified by any person in a manner that such source will create or is likely to create
Common Council
April 4, 2018
17
unreasonable noise or otherwise fail to comply with the provisions of this chapter, suc h
person must secure a permit pursuant to Subsection D of this section.
B. Where any person uses or plans to use any sound-amplifying equipment in such a
way that such equipment is or will be heard outside of any building or vehicle between
10:00 p.m. of any day and 7:30 a.m. of the next day, such person must secure a permit
pursuant to Subsection D of this section.
C. Where any person uses or plans to use a public-address system that will make
sound outside of a building, such person must secure a permit pursuant to Subsection
D of this section.
D. Applications shall be submitted at least 72 hours in advance of an event. The
application for the permit shall provide the following information:
(1) The reasons for such usage, including a demonstration why it is desirable or
necessary that the sound source involved be authorized by a permit pursuant to this
section.
(2) Plans and specifications of the use.
(3) Noise-abatement and -control methods to be used with respect to the sound source
involved.
(4) The period of time during which the permit shall apply.
(5) The name of the person(s) who is responsible for ensuring that the activity complies
with any permit issued for it pursuant to this section.
(6) If required by the party issuing the permit, proof that notification of the application for
the permit has been given to each person reasonably expected to be affected by the
noise, the content of such notification and the manner in which such notification has
been given, if the event is not a community-wide or public event. The notification shall
state that any person objecting to the granting of such permit may contact the
appropriate city department to which the application is being made to express his/her
opposition to the granting of the permit.
E. The application shall be made to the Superintendent of Public Works, or his/her
designee, in connection with construction work on public rights-of-way or in parks; to the
Director of Planning and Development, or his/her designee, for all other construction
projects; and for others to the Mayor or his/her designee. The issuance of permits shall
be discretionary, and a permit shall be issued only where the responsible official
determines that such permit is reasonable and necessary and will allow an activity that
is consistent with the general purposes of this chapter, as stated in §240-2. When
determining if a permit should be issued, factors the official shall consider shall include
but are not limited to the volume of the noise, the proximity of the noise to sleeping
facilities, the time of the day or night the noise occurs, the time duration of the noise,
and the impact of the noise on persons living or working in different places or premises
who are affected by the noise. Any permit granted shall state that the permit only
applies to this chapter, and that §240.20, Subdivision 2, of the Penal Law of the State of
New York, Disorderly Conduct, provides that “a person is guilty of disorderly conduct
when, with intent to cause public inconvenience, annoyance or alarm or recklessly
creating a risk thereof: . . . he makes unreasonable noise."
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]: Editor's Note: This ordinance provided for an effective date of 1-1-2014.
F. In order to further the purposes of this chapter and to facilitate its implementation and
enforcement, the Superintendent of Public Works, the Director of Planning and
Development and the Mayor, or their designees, shall have authority to impose such
conditions as they determine are reasonable and necessary on permits they issue
Common Council
April 4, 2018
18
pursuant to this section. Such conditions may govern factors which include but are not
limited to the time and location the involved sound source may be utilized.
[Amended 6-5-2013 by Ord. No. 2013-15[2]]
[2]: Editor's Note: This ordinance provided for an effective date of 1-1-2014.
G. The Superintendent of Public Works, the Director of Planning and Development and
the Mayor or their designees shall provide the Chief of Police with a copy of any permit
issued pursuant to this section.
[Amended 6-5-2013 by Ord. No. 2013-15[3]]
[3]: Editor's Note: This ordinance provided for an effective date of 1-1-2014.
§240-14 Variances
The Mayor or his/her designee may grant for a sustained duration an individual variance
from the limitations prescribed in this article whenever it is found, after a noticed public
hearing before the Planning and Economic Development committee of Common
Council and upon presentation of adequate proof, that compliance with any part of this
article will impose an undue economic burden upon any lawful business, occupation or
activity, and that the granting of the variance will not result in a condition injurious to
health or safety.
Any variance, or renewal thereof, shall be granted within the following limitations:
1. If the variance is granted on the grounds that compliance with the particular
requirement or requirements will necessitate the taking of measures which,
because of their extent or cost, must be spread over a considerable period of
time, it shall be for a period not to exceed such reasonable time as, in the
view of the Mayor or his/her designee, is requisite for taking of the necessary
measures. A variance granted on the ground specified in this division shall
contain a timetable for taking of action in an expeditious manner and shall be
conditioned on adherence to the timetable; or
2. If the variance is granted on the ground that it is justified to relieve or prevent
hardship of a kind other than that provided for in division (1), it shall be for not
more than one year.
B. Any person seeking a variance shall file a petition for variance and a $50 filing fee
with the Mayor or his/her designee. The Mayor or his/her designee shall thereafter
conduct a noticed public hearing in accordance with this section at a regularly
scheduled meeting of the Planning and Economic Development committee of
Common Council, accept documentary and testimonial evidence in accordance with
accepted administrative hearing procedures, and make a final decision regarding the
granting of the variance.
C. Written notice of the public hearing, the time and place of which shall be set by the
Mayor or his/her designee, shall be mailed by the petitioner at least 10 days prior to
the hearing, with proof of mailing provided to the Mayor at least 8 days prior to the
hearing, to:
1. the owners as shown by the records of the County Assessor of lots
comprising the site of the variance and lots within 200 feet, excluding public
right-of-way, of the site of the variance;
2. any neighborhood association if the site of the variance is within the
neighborhood association’s boundaries or within 200 feet of the neighborhood
association’s boundaries, excluding public right-of way.
3. any other person or entity that has filed with the Mayor a request to receive a
notice of the variance proceeding.
D. The notice of hearing shall set forth the name and address of the petitioner, the
location of the site of the variance, that the petitioner has requested a variance from
this ordinance, the nature of the requested variance, and that part of the ordinance
that would be-waived if approved.
Common Council
April 4, 2018
19
E. Following the hearing, the Mayor or his/her designee shall render a written final
decision including findings of fact and conclusions of law. The Mayor or his/her
designee shall mail the decision to all parties of record.
§240-15 Penalties for offenses; presumptions.
A. Any person who shall violate any provision of this chapter shall be punishable by a
fine not to exceed $500 or imprisonment of not more than 15 days, or not more than
100 hours of community service or any combination of such fine and imprisonment and
not less than $100 or 25 hours of community service; provided, however, that a person
who shall violate any provision of this chapter after having been convicted of a violation
of any provision of this chapter within the preceding three years shall be punishable by
a fine not to exceed $750 or by imprisonment of not more than 15 days, or not more
than 125 hours of community service or, any combination of such fine and imprisonment
and not less than $200 or 40 hours of community service; and further provided that any
person who shall violate any provision of this chapter after having been convicted two or
more times of a violation of any provision of this chapter within the preceding three
years shall be punishable by a fine not to exceed $1,000 or by imprisonment of not
more than 15 days, or not more than 125 hours of community service, or any
combination of such fine and imprisonment, and not less than $300 or 50 hours of
community service. For any penalties of community service, the court may accept
community service from people other than the defendant whom the court deems
appropriate, such as other residents of the premises or others who choose to accept
responsibility for the violation. In assessment of the above penalties, aggravating factors
shall include but not be limited to the presence of the following factors:
(1) A common source of alcohol such as a keg;
(2) A live band or disc jockey or other live entertainment;
(3) Amplified sound emanating from speakers placed or directed outside of the building;
(4) A charge to gain entrance into the premises or to consume alcohol;
(5) A violation of § 250.8 (public urination) of this Code on the premises;
(6) The offense takes place after midnight on weekdays and 1:00 a.m. on weekends
and before the following 6:00 a.m.;
(7) More than 25 guests on the premises, "guests" being defined for the purposes of this
section as any people who do not reside at the premises;
(8) Any underage person or persons possessing or consuming alcohol on the premises,
each underage person constituting a separate aggravating circumstance;
(9) More than one complaint made to the police about the noise, each complaint after
the first being a separate aggravating circumstance.
B. For purposes of this chapter, for any offense that takes place on private property, if
the person or persons directly responsible for the activity that violates any provision of
this chapter cannot be determined, then all residents of the property on which the
activity takes place shall be presumed to be responsible for the violation.
Section 3. 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 4. Effective Date. This ordinance shall take effect immediately and in
accordance with law after publication of notices as provided in the Ithaca City Charter.
Common Council
April 4, 2018
20
Discussion followed regarding the removal of the Industrial Zones and the impact that
this legislation could have on manufacturers that locate in mixed use properties. It was
determined that Planned Unit Developments (PUD) should be treated the same as a
commercially zoned area.
Amending Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Murtagh
RESOLVED, That Footnote 2 in Table 1 be amended by adding the words “and PUD
(projects that have an approved PUD)”.
Further discussion followed on “noise zoning” as a part of project review.
A vote on the Amending Resolution resulted as follows:
Ayes (9) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick,
Mohlenhoff, Lewis
Nays (1) McGonigal
Carried
Alderperson Murtagh noted that he would be willing to further discuss the impact this
legislation could have on manufacturers at the Planning & Economic Development
Committee. He noted that the intent of this Ordinance was to correct an error in the
original legislation.
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
9.3 Amendment of Capital Project (CP) for Expansion of the Alex Haley
Municipal Wading Pool - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
WHEREAS, Common Council established Capital Project #834, for the Alex Haley
Municipal Pool Expansion project on September 7, 2016; and
WHEREAS, the budget was established at that time in the amount of $305,000 to be
comprised of $185,000 in Community Development Block Grant funds, $95,000 in
private donations and $25,000 in City contributions; and
WHEREAS, on August 14, 2017, the Board of Public Works, acting as lead agency,
declared that the project would have no significant negative environmental impact in
accordance with the State Environmental Quality Review Act (SEQR) and the City
Environmental Review Ordinance (CEQR); and
WHEREAS, the project was recently bid, and the low bid was more than the established
budget; and
WHEREAS, staff are recommending awarding the low bid contingent on securing
additional funding; and
WHEREAS, Common Council approves this project; now, therefore be it
RESOLVED, That Common Council hereby increases Capital Project #834, Alex Haley
Municipal Wading Pool Expansion by $200,000, for a total authorization of $505,000;
and, be it further
RESOLVED, That funding for said Capital Project shall be derived from the issuance of
Serial Bonds with the understanding that $185,000 of eligible expenses will be
reimbursed by the Community Development Block Grant program as administered by
the Ithaca Urban Renewal Agency and $195,000 will be reimbursed by GIAC, Inc.
based on a private donation; and, be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca will be roughly 25% of said portion, currently
estimated at $125,000 of the $505,000 authorized for this portion of the project, in
Common Council
April 4, 2018
21
monies and in-kind services as managed by the Superintendent of Public Works and
monitored by the City Controller.
Discussion followed on the floor regarding the increase of $200,000 to the project.
Director of Engineering Logue, GIAC Deputy Director Brooks, and Program Coordinator
Thomas explained that additional amenities to improve accessibility were added to the
project after the original estimate. The Request for Proposals was developed based on
a lump sum, so it is not possible to see which items are driving the increased costs.
Alderperson Lewis asked if the City’s share could end up being higher. Director of
Engineering Logue responded that the project has a “not to exceed” amount and any
additional increases would need to be approved by Common Council.
Further discussion followed regarding the funding levels provided by GIAC.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.4 Amendment to Capital Projects #777 and #839 for Dryden Road Parking
Garage - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Lewis
WHEREAS, Capital Project #777 was established in 2012 and has been amended each
year for the purchase of parking related equipment; and
WHEREAS, the automatic parking equipment at the Dryden Road Parking Garage is
past its useful life and unreliable to the point that we have to raise exit gates after 11
p.m. to prevent vehicles being stuck in the garage after hours, causing losses in
revenue, and the equipment requires frequent, expensive repairs with parts that are no
longer commercially available; and
WHEREAS, the lost revenue from raising the exit gates in 2017 is estimated at $1,500
per month, and repair costs associated with outdated Dryden Road parking equipment
was almost $32,000 for 2017, while the replacement cost for newer, reliable equipment
is budgeted at $150,000 which represents a payback period of approximately 3 years;
and
WHEREAS, Capital Project #839 was established in 2017 for a Condition Assessment
of the Dryden Road Parking Garage, and the draft report dated October 2017 identified
and prioritized capital repairs over a 5-year timeframe; and
WHEREAS, several high-priority structural and safety issues requiring immediate
attention were identified, including defective drains, fire standpipes, and staircases
which could fail at any time, and the cost estimate for these repairs is $375,000; and
WHEREAS, the recent Parking Garage Audit conducted by the Office of the New York
State Comptroller has raised awareness of the importance of regular inspections and
capital repairs for parking garages to ensure public safety; now, therefore be it
RESOLVED, That Common Council hereby amends Capital Project #777 by $150,000
for the replacement of automated parking equipment at the Dryden Road Parking
Garage; and, be it further
RESOLVED, That Common Council hereby amends Capital Project #839 by $375,000
for the repair of structural and safety issues at the Dryden Road Parking Garage; and,
be it further
RESOLVED, That funds needed for said amendment shall be derived by a General
Fund advance with a later repayment from issuance of Serial Bonds.
Carried Unanimously
Common Council
April 4, 2018
22
9.5 Ratification of Agreement for Advance Payment and Authorization for
Mayor Svante L. Myrick to Execute Closing Papers on Behalf of the City of Ithaca
- Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the State of New York has taken or is in the process of taking a portion of
the land owned by the City of Ithaca through the process of eminent domain for the
purposes of improving 1529 Slaterville Road; and
WHEREAS, the State has offered to pay the City of Ithaca the sum of $500.00 for a
portion of The City of Ithaca's property along 1529 Slaterville Road as depicted on Map
6, as Parcel(s) 1 & 2; and
WHEREAS, an agreement to accept said money (an Agreement for Advance Payment)
has been or will be signed on behalf of the City of Ithaca by Mayor Svante L. Myrick;
and
WHEREAS, the Common Council of the City of Ithaca is the governing body of the City
of Ithaca; and
WHEREAS, the Common Council is meeting on this 4th day of April 2018, after proper
notice to consider this matter; and
WHEREAS, the City of Ithaca wishes to ratify the Agreement for Advance Payment and
to appoint Mayor Svante L. Myrick as the person to execute closing papers on behalf of
the City of Ithaca; now, therefore be it
RESOLVED, That Agreement for Advance Payment is hereby accepted and ratified;
and, be it further
RESOLVED, That Mayor Svante L. Myrick is hereby designated as the person to
execute any and all closing papers with regard to this transfer to the State of New York.
Discussion followed on the floor regarding the parcel in question and New York State’s
interest in the property.
A vote on the Resolution resulted as follows:
Ayes (9) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick,
Mohlenhoff, Lewis
Nays (1) McGonigal
Carried
9.6 Mayor – Acceptance of Grant from Bloomberg Philanthropies - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Brock
WHEREAS, the City of Ithaca entered the 2018 Bloomberg Philanthropies Mayors
Challenge grant competition and was selected as one of 35 Champion Cities to
advance to the next phase of the grant process with a proposal for the development of a
hub to help in the battle against drug addiction; and
WHEREAS, the City of Ithaca will receive up to $100,000 from Bloomberg
Philanthropies to pilot solutions to the opioid crisis during the six month testing phase;
and
WHEREAS, the City of Ithaca wishes to contract with the Drug Policy Alliance (DPA) or
Southern Tier AIDS Program (STAP) to administer the pilot solutions during the six-
month testing phase; now, therefore be it
RESOLVED, That Common Council hereby accepts grant funds in an amount not to
exceed $100,000 from Bloomberg Philanthropies for pilot solutions to the opioid crisis;
and, be it further
Common Council
April 4, 2018
23
RESOLVED, That Common Council hereby authorizes the Mayor, upon advice by the
City Attorney, to enter into a contract with STAP to produce said pilot solutions; and, be
it further
RESOLVED, That Common Council hereby amends the 2018 authorized budget of the
Mayor’s Office to account for said funds as follows:
Increase Appropriation Account:
A1210-5435 Contracts Not to Exceed $100,000
Increase Revenue Account:
A1210-2705 Gifts/Donations Not to Exceed $100,000
Discussion followed on the floor regarding the $100,000 grant and the ultimate potential
award of $5 million. Alderperson Smith explained that cities are required to establish a
pilot program budget and Ithaca’s is nearly finalized. The actual grant amount rewarded
to the City could vary but will not exceed $100,000. The City will use the grant funds to
conduct studies and messaging as the project cannot be tested at this point as it is not
yet legal statutorily.
Mayor Myrick expressed his thanks to Alderperson Smith, Michelle McElroy, Katharine
Celentano, and Fire Chief Parsons for working on this initiative.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.7 An Ordinance to Amend Chapter 120 of the City of Ithaca Municipal Code
Entitled “Youth Council”
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
ORDINANCE 2018-
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Chapter 120 of the City of Ithaca Municipal Code entitled “Youth Council” is
hereby amended to read as follows:
§ 120-1 Creation.
In recognition of the history of youth councils in the Ithaca community, the Common
Council of the City of Ithaca hereby creates an entity that shall be known as the "City of
Ithaca Youth Council," hereinafter also referred to as the "Youth Council," in accordance
with the following conditions.
§ 120-2 Purposes and duties.
The purposes and duties of the Youth Council shall be as follows:
A. To develop future leaders by providing the teenage members opportunities to
participate in city governance and have an active role in addressing community issues.
B. To give a formal voice to the youth of the community. The Youth Council will provide
ongoing, two-way communication with policymakers, especially the Common Council,
so as to better address youth and community issues. The Youth Council will develop
mechanisms to receive input regularly from other youth about their ideas and concerns.
C. To help provide a hands-on civic education to participating members through direct
experience with democratic processes and practical skill development.
D. To contribute to the community in a concrete way. The Youth Council will plan and
execute projects to improve conditions for teenagers.
Common Council
April 4, 2018
24
E. To help youth build their social networks, engage with the opportunities
available within their local community, and help their peers make positive
connections to the local community.
To submit a written annual report on the membership and activities of the Youth
Council, to the Mayor and Common Council (and the City Clerk), and to report on a
regular basis to the Mayor.
§ 120-3 Membership.
A. The Youth Council shall consist of 7 10 members, all of whom shall be voting
members, appointed by the Youth Council Advisory Board subject to the approval of the
Common Council. The appointing entities staff shall commit to assembling a diverse,
multicultural and inclusive membership of the Youth Council, with regard to the
protected classes and other unique characteristics that represent the needs of the entire
community.
B. Notwithstanding the provisions of Chapter 103 of this Code, at least five half of the
Youth Council members shall be residents from the City of Ithaca. The remaining
members shall be selected from within the municipalities comprising the Ithaca City
School District. The members of the Youth Council must be at least 16 years old and
not past the 12th grade (or the age of 19, if not enrolled in high school).
C. The members of Ithaca Youth Council shall hereinafter referred to as Youth
Council Ambassadors or Ithaca Ambassadors
§ 120-4 Associates.
The Youth Council Advisory Board may designate up to four associates who are 14 or
15 years of age. Such associates shall be invited to attend and participate in Youth
Council meetings and events but shall have no voting authority and may not hold office
in the Youth Council.
§ 120-45 Terms; vacancies.
A. Except as provided for in Subsection B below, the The members of the Youth
Council shall be appointed for terms of two years one year or until the time of their high
school graduation, if that occurs first. A member who has reached the end of a two-year
appointment while still in high school may elect to extend his or her term by one
additional year. Terms shall begin in September (or, in the initial year of the Youth
Council's operation, as soon as is practical after its establishment), except in the case of
members appointed to fill vacancies. Vacancies shall be filled in the same manner as
the original appointment, except that a vacancy occurring other than by the expiration of
a term of office shall be filled only for the remainder of the unexpired term.
B. Notwithstanding the above, the initial terms for members of the Youth Council shall
be set at one or two years, such that staggered terms are established for subsequent
appointments. The appointing entities may make an appointment for a one-year term,
as needed, in order to maintain a balance of staggered terms.
§ 120-6 Officers.
A. At the start of each year, the Youth Council shall select its officers, for the purpose of
providing general leadership, recordkeeping and fiduciary oversight. The manner of
such selection and the titles and specific responsibilities of the officers shall be set forth
in operational rules adopted by the initial Youth Council and as amended from time to
time as needed by the Youth Council.
B. The lead officer of the Youth Council shall serve as liaison to the Common Council
and shall have an opportunity to report at Common Council meetings.
C. The leadership of the Youth Council shall meet regularly with the Mayor at a time
convenient to all, with the goal of meeting not less than bimonthly.
Common Council
April 4, 2018
25
§ 120-7 Youth Council Advisory Board.
A. A Youth Council Advisory Board is hereby established, to oversee the activities of the
Youth Council.
B. The Youth Council Advisory Board shall consist of up to 10 members, each of whom
shall be appointed for a term of three years (or for the remainder of the term in question
when a vacancy is being filled). Membership of the Advisory Board shall be composed
of one staff member appointed respectively by the directors of the Greater Ithaca
Activities Center, the Ithaca Youth Bureau, and the Southside Community Center and
up to seven members appointed by the Mayor and approved by the Common Council,
including at least one member of the standing committee of Common Council
responsible for working with the City's youth services departments, members selected
from the local education and youth advocacy communities and representatives of major
funders of the Youth Council.
C. In addition to providing oversight, the Youth Council Advisory Board shall interview
all applicants for membership on the Youth Council and shall make recommendations
as to their appointment, on the basis of the candidates' leadership potential and
commitment to effective service on the Council.
§ 120-58 Staff support.
A staff person(s) from a City Youth Services Department shall act in consultation with
the Youth Common Council Advisory Board Liaisons and under the direction and
supervision of the City department head so designated by the Mayor. The duties of this
staff person with regard to the Youth Council shall be set forth in writing and kept up-to-
date by the department head and provided to the Mayor, and a current version of such
description shall be appended to the annual report required by § 120-2 herein.
§ 120-69 Meetings; records; annual report.
The Youth Council shall meet publicly at least monthly regularly to complete projects
and adopt rules tasks towards their annual goals.
The Youth Council shall report twice a year to Common Council regarding youth
and procedures for its meetings. community issues.
The Youth Council shall meet at least one time per year with the Mayor.
The Youth Council shall keep accurate records of its meetings and activities and shall
prepare and submit an annual report as provided for in § 120-2 of this chapter.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously
9.8 Common Council – Opioid Cost Recovery and Public Nuisance - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, opioid manufacturers, distributors, and promoters have been responsible
for an opioid epidemic that has harmed the citizens of the City of Ithaca and financially
damaged the City and its taxpayers; and
WHEREAS, the purpose and intent of this legislation is to allow the City to recover
these costs, despite the existence of the common-law municipal cost recovery rule
(a.k.a. free public services doctrine) and declare the opioid epidemic and its effects on
the City a public nuisance; now, therefore be it
Common Council
April 4, 2018
26
RESOLVED, That the City of Ithaca Common Council hereby declares the opioid
epidemic and its effects on the City a public nuisance, as set forth in the following
Opioid Cost Recovery Procedure; and, be it further
RESOLVED, That the following Opioid Cost Recovery Procedure is hereby adopted by
the Common Council of the City of Ithaca, and is intended to apply retroactively:
City Of Ithaca Opioid Cost Recovery Procedure:
I. Definitions
“Costs” means all expenditures related to the opioid epidemic that directly or indirectly
arise from the City’s response to a responsible party’s action or inaction.
“Responsible party” means any person or corporation whose negligent, intentional, or
otherwise wrongful conduct causes the incident resulting in the City incurring costs or
who is found liable or made responsible by a court for the costs incurred by the City in
the form of damages, regardless of the cause of action.
II. Governmental function cost recovery.
The City may recover the costs of governmental functions related to opioids marketed,
sold, manufactured, dispensed, prescribed, and/or distributed by the responsible party.
If a responsible party fails to pay the costs demanded, the City may initiate and recover
costs through administrative, civil, and/or criminal action against the responsible party.
In that case, the City may also recover attorney’s fees, interest, and any other payment
or type of damages the court deems proper.
III. Effect of criminal or civil proceedings on governmental function cost
recovery.
The initiation of administrative or civil proceedings for governmental function cost
recovery does not bar the criminal prosecution of a responsible party for any associated
violation. Similarly, criminal prosecution does not bar civil collection of costs for the
violation giving rise to the criminal prosecution.
IV. Public nuisance.
The City hereby finds and declares the following:
1) That addiction to and abuse of opioids is one of the greatest challenges
facing the City;
2) A cause of this increasing crisis is the overabundance of prescription opioids.
Vast amounts of prescription opioid pain pills were sold, distributed and
prescribed in the City over the past several years which practice continues
today;
3) There is evidence showing that approximately four in five heroin users began
their addiction by first using and then misusing prescription pain medications
containing opioids;
4) The selling, distributing, and prescribing of large amounts of opioid pain pills
in the City has created a public health and safety hazard affecting the
residents of the City, resulting in devastation to City families, a negative
effect on the City economy, wasted public resources, and a generation of
narcotic dependence;
5) That selling, distributing, and prescribing of prescription opioid pain pills is a
hazard to public health and safety, which has created a public nuisance to
the citizens of the City, and said nuisance remains unabated;
6) That, in addition to all other powers and duties now conferred by law upon
the City, the City is authorized to enact ordinances, issue orders, and take
other appropriate and necessary actions for the elimination of hazards to
public health and safety and to abate or cause to be abated anything which
the City determines to be a public nuisance;
7) That manufacturers of prescription opioids and those in the chain of
distribution have wrongfully abused the privilege of selling and/or providing
medication to our residents and must be held accountable; and
8) That it is the duty of the City to vindicate the rights of the citizens of the City
and take action to abate this public nuisance.
Common Council
April 4, 2018
27
V. Retroactive application.
This procedure shall apply retroactively to all costs described in Part I of this Procedure.
; and, be it further
RESOLVED, That, upon its adoption, this Opioid Cost Recovery Procedure shall be
included in any master listing, assemblage or inventory of the City’s Policies,
Procedures and Protocols.
Alderpersons McGonigal and Mohlenhoff thanked City Attorney Lavine for his work on
improving the language of this Resolution.
Alderperson Brock noted that this is a very powerful Resolution and asked how costs
would be determined. City Attorney Lavine responded that this piece of legislation can
help bolster the City’s case in any action against pharmaceutical companies.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.9 City Controller’s Report
City Controller Thayer reported on the following:
2017 Activity is nearly finished. It appears as if the City will have a budget surplus.
The New York State budget was recently passed and includes the following:
– State Aid will remain flat at $2.6 million (this figure hasn’t changed in 7
years. With inflation was factored in, it should be $5.1 million).
– CHIPS funding will remain flat at $600,000
– County-wide shared services property tax - more information will be
forthcoming
– NYS work-around proposal on Federal tax reform cap for city property
taxpayers– more information will be forthcoming
Commons Project – the New York State reimbursement was received in the amount of
$1.4 million, and the City also received $562,000 in County funds
2018 Activity:
- Sales tax – $1.7 million has been collected to date showing a 1.5%
increase from 2017
- Overtime – $340,000 spent of the $963,000 budget. The Ithaca Police
Department has 5 open positions
- Parking – $662,000 has been collected of the $2.8 million budget
- Building Permit Revenue $213,000 has been collected of the $705,000
budget
- Fine revenue – $200,000 has been collected of the $926,000 budget
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning,” Section 325-5 entitled “Zoning Map” and Article IV, Section
325-12, entitled “Purpose and Intent” in Order to Expand the Area Permitted for
Planned Unit Developments By Creating a Planned Unit Development Overlay
District (PUDOD)
A. Designation of Lead Agency – Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
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
Common Council
April 4, 2018
28
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore be it
RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposed amendments to Chapter 325,
Entitled “Zoning,” in order to expand the area permitted for planned unit developments
by creating a Planned Unit Development Overlay District (PUDOD).
Carried Unanimously
B. Determination of Environmental Significance – Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, The Common Council is considering a proposal to expand the area
permitted for planned unit developments by creating a Planned Unit Development
Overlay District (PUDOD); and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Full Environmental Assessment Form (FEAF), dated December 15,
2017; and
WHEREAS, the proposed action is an “unlisted” Action under the City Environmental
Quality Review Ordinance; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the 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 December 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. Adoption of Ordinance
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, on July 2, 2014, the Common Council adopted legislation allowing for the
City to establish Planned Unit Development districts on any property in the City currently
zoned for industrial uses; and
WHEREAS, on August 2, 2017, the Common Council adopted new zoning for the
waterfront districts, which included a statement recognizing that the adopted zoning
may not allow for projects that could be beneficial to the community and recommended
that the City consider adopting legislation to allow for PUDs throughout the City,
including in the waterfront districts; and
WHEREAS, A PUD is a tool that allows the Common Council to have flexibility to
approve projects that may not fit into the underlying zoning, but may have benefits for
the community that outweigh any impacts resulting from not complying with the pre-
established regulations for that district; and
WHEREAS, in order to allow for potential development that could bring significant
benefits to the community, staff has recommended the establishment of the Planned
Unit Development Overlay District, which would allow for PUDs in areas of the City
where additional development is anticipated, but would protect areas that have
established 1 and 2 family residential neighborhoods; now, therefore
Common Council
April 4, 2018
29
ORDINANCE 2018-__
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Article IV, Section 325-12 entitled “Purpose and Intent” be amended as
follows:
Section 1. Chapter 325, Section 325-5, entitled “Zoning Map” of the Municipal Code of
the City of Ithaca is hereby amended to create a Planned Unit Development Overlay
District (PUDOD) to include properties located Within the boundaries displayed on the
map entitled “Proposed Boundary for the Planned Unit Development Overla y
District (PUDOD)-March, 2018”,” a copy of which shall be on file in the City Clerk’s
office.
Section 2. Chapter 325, Section 325-12.B, entitled “Purpose and Intent”, is hereby
amended in order to change the allowable location for a potential PUD, and should read
as follows:
§325-12.
B. Purpose and intent.
(1) This legislation is intended to institute procedures and requirements for the
establishment and mapping of PUDs, which may be placed in any location approved by
the Common Council, as long as it is located within the Planned Unit Development
Overlay District (PUDOD), the boundaries of which can be seen on the attached map,
“Proposed Boundary for the Planned Unit Development Overlay District (PUDOD)
–March, 2018”. The PUD is a tool intended to encourage mixed-use or unique single
use projects that require more creative and imaginative design of land development
than is possible under standard zoning district regulations. A PUD allows for flexibility in
planning and design, while ensuring efficient investment in public improvements,
environmental sensitivity, and protection of community character. A PUD should be
used only when long-term community benefits will be achieved through high quality
development, including, but not limited to, reduced traffic demands, greater quality and
quantity of public and/or private open space, community recreational amenities, needed
housing types and/or mix, innovative designs, and protection and/or preservation of
natural resources.
(2) Section 325-12 is intended to relate to both residential and nonresidential
development, as well as mixed forms of development. There may be uses, now or in the
future, which are not expressly permitted by the other terms of this chapter but which
uses would not contravene the long-range Comprehensive Plan objectives if they
adhere to certain predetermined performance and design conditions. The PUD is
intended to be used to enable these developments to occur even though they may not
be specifically authorized by the City zoning district regulations.
(3) The PUD is intended to be used in any area located within the PUDOD. Should a
proposed project offer community-wide benefits, the Common Council may establish a
PUD in order to permit uses not explicitly allowed by the underlying zoning.
(4) Areas may be zoned as a PUD by the Common Council. The enactment and
establishment of such a zone shall be a legislative act. No owner of land or other person
having an interest in land shall be entitled as a matter of right to the enactment or
establishment of any such zone.
Section 3. Chapter 325, Section 325-12.C, entitled “Establishment and Location”, is
hereby amended in order to remove the sentence that states that the PUD is intended
to be used in industrial zones, and should read as follows:
C. Establishment and location.
(1) The intent of a PUD is to create self-contained, architecturally consistent, and
compatible buildings, many times with diverse but related uses. The creation of a PUD
must entail sufficient review to assure the uses within the zone will have negligible or no
significant adverse effects upon properties surrounding the zone. In reaching its
decision on whether to rezone to a PUD, the Common Council shall consider the
Common Council
April 4, 2018
30
general criteria set forth in this chapter, the most current Comprehensive Plan for the
City, and this statement of purpose.
(2) No PUD shall be established pursuant to Subsection G (13) of this section unless it
is located within the boundaries of the PUDOD. .
Section 4. 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 5. 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 Brock noted that there was significant conversation at the Planning &
Economic Development Committee meeting regarding the boundaries and the transition
zones of the proposed PUDOD and potential impacts on the Collegetown
neighborhood.
City Planner Kusznir and Director of Planning and Development Cornish explained that
the PUD could allow developers to exceed the existing zoning regulations with Common
Council approval, if the community benefits outweigh the impacts of the project.
Alderperson Brock commented that the projects to date have been consistent with
underlying zoning. City Planner Kusznir explained that the projects approved to date
were part of the TMPUD and were unique circumstances as they had already been
through site plan review prior to the development of the TMPUD, and the Waterfront
zoning regulations had not yet been adopted. A city-wide PUD would allow flexibility if
there are community benefits that do not comply with the underlying zoning.
Alderperson Kerslick stated that Collegetown has a lot of residential scale properties,
and a lot of work has been done on zoning regulations and design guidelines. He
voiced his concern about the impact that the PUD could have. Planning Director
Cornish pointed out that Collegetown lacks green space and the City may want to take
that into consideration if a project proposal was received that was outside the underlying
zoning. Alderperson Kerslick further voiced concerns about the CR-4 zone and the
transition zone to residential neighborhoods.
Alderperson Murtagh stated that he likes the fact that Common Council approval of
projects is a requirement of this legislation, noting that he appreciates being able to
create zones and requirements around individual projects. Mayor Myrick shared that
the Planning Board and Board of Zoning Appeals also feel frustrated by being
constricted by the zoning legislation. They feel that there should be a more nuanced
way to approach those types of projects.
Alderperson McGonigal stated that he doesn’t understand the boundaries of the overlay
district on the west end of town. He stated that nearly the whole area west of the flood
control channel is 1-2 family houses except for Incodema and the apartment complexes.
He further noted that he doesn’t feel that the waterfront should be developed under the
same density levels as downtown and Collegetown.
City Planner Kusznir stated that the approval of a PUD is not easy and there are a lot of
points for the public to weigh in during the process. Common Council approval comes
at the end of the process.
Discussion followed on the neighborhoods in the west end and applicable zoning
regulations.
Alderperson Fleming stated that she voted against this legislation at Committee as the
zoning regulations and the design guidelines were recently adopted for Collegetown.
She noted that she doesn’t want to duplicate the work of the Planning Board, but likes to
have rules in place for the other boards to follow.
Common Council
April 4, 2018
31
Planning Director Cornish explained that Common Council would not be doing the same
work that the Planning Board does. The Planning Board cannot deny a project if it
meets the zoning regulations; however, they can negotiate and try to make it the best
project possible. Under the PUD, Common Council could deny a project.
Discussion followed regarding the options for affordable housing within a PUD.
Alderperson Nguyen stated that he supports the legislation for the creative possibilities
it provides. He questioned what the Planning Director thought of the Ithaca
Neighborhood Housing Services’ request to be included in the PUD for the Henry St.
John Building instead of being zoned P1. Planning Director Cornish stated that she
believes it makes more sense to re-zone that area more appropriately.
Alderperson Kerslick questioned whether the overlay zone included portions of the
Historic District on Buffalo and Eddy Streets. He voiced concern about the message
that it would send to people. He noted that he thinks the PUD is a good tool in principle,
but the boundaries should be reviewed a little closer. Alderperson Smith explained that
the PUD approval process would be in addition to the Ithaca Landmarks Preservation
process.
Amending Resolution
By Alderperson McGonigal: Seconded by Alderperson Murtagh
RESOLVED, That the section between Floral Avenue and Flood Control Channel be
removed from the PUD Overlay District.
Discussion followed on the floor regarding the west end zoning, property stock, and
potential for development.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Alderperson Kerslick expressed concern about Catherine Street and Cook Street as
they are in the CR4 and CR3 transition zone. Planning Director Cornish noted that she
was comfortable removing the CR3 zone from the Overlay District.
Amending Resolution:
By Alderperson Kerslick: Seconded by Alderperson McGonigal
RESOLVED, That the lots in the CR-3 zone along Cook Street be removed from the
PUD Overlay District.
Ayes (7) Brock, McGonigal, Murtagh, Gearhart, Fleming, Kerslick,
Mohlenhoff, Lewis
Nays (3) Smith, Gearhart, Nguyen
Carried
Amending Resolution:
By Alderperson Smith: Seconded by Alderperson Brock
RESOLVED, That the CR-4 District lots on Linden Avenue be added to the PUD
Overlay District.
Discussion followed on the geographic limitations of the lots. Alderperson Kerslick
noted that the CR-4 district is an area that Council wanted to see development in and
the parking requirements were adjusted as a result. Alderperson Murtagh stated that he
couldn’t support this amendment as it is a transitionary zone into a residential
neighborhood. He noted that the boundary lines could be adjusted in the future.
Alderperson Brock stated that the PUD requires trust in Common Council to represent
the residents of the area. The current zoning is so restrictive that the buildings already
exceed the requirements and it highly unlikely that they will be torn down and
redeveloped. The underlying zoning won’t inspire developers to redevelop these
properties; therefore, you have to choose between the underlying zoning or to allow
flexibility and creativity.
Common Council
April 4, 2018
32
A vote on the Amending Resolution resulted as follows:
Ayes (5) Brock, Nguyen, Murtagh, Smith, Lewis
Nays (5) McGonigal, Gearhart, Fleming, Kerslick, Mohlenhoff
Mayor voted Aye breaking the tie.
Carried (6-5)
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) Brock, Nguyen, Murtagh, Gearhart, Smith, Kerslick, Mohlenhoff, Lewis
Nays (2) Fleming, McGonigal
Carried
Mayor Myrick extended his thanks to the Planning staff and Alderperson Murtagh for
this enormous undertaking, noting that it may involve more work but it will be very
beneficial to the City.
REPORTS OF COMMON COUNCIL LIAISONS:
Alderperson McGonigal reported that he met with the owner of WENY, who had good
ideas about how to keep the station available in our area in a different form.
Alderperson Gearhart reported that he and Alderperson Smith attended the first meeting
of the Public Safety and Information Commission. He stated that there was an excellent
presentation made by Alderperson Mohlenhoff and Chief of Staff Cogan. He thanked
Alderperson Mohlenhoff for leading the City to this point.
Alderperson Brock reported that the Workforce Diversity Advisory Committee (WDAC)
is asking the Chairs of various boards and committees to announce the City’s
fragrance-free language at the beginning of meetings. All agendas should include the
language as well. She further reported that the WDAC discussed the fact that the City
needs to provide ADA accommodations for permitted public demonstrations and rallies
and questioned how staff can be better trained on this topic.
Alderperson Brock further reported that there have been many regional and state
meetings for HABS (Harmful Algae Blooms) and questions have been raised regarding
how can we move forward collectively to manage and minimize HABs in the Finger
Lakes area.
Alderperson Lewis reported that the Ithaca Urban Renewal Agency/Economic
Development Committee held two meetings with developers interested in the Green
Street project. She stated that there were also two meetings for the CDBG and HOMES
application for funding proposals and she was humbled by tremendous good work of the
non-profits in the community.
Alderperson Mohlenhoff reported that the Hangar Theater was awarded the
“Philanthropic Angel Award” for 2017 and she accepted this award on behalf of the City.
REPORT OF CITY ATTORNEY:
A Motion to Enter into Executive Session to Discuss Proposed Litigation
By Alderperson Lewis: Seconded by Alderperson Smith
RESOLVED, That Common Council enter into Executive Session to discuss proposed
litigation.
Alderperson Nguyen disclosed that he has a financial interest in the topic and recused
himself from the discussion.
A vote on the Resolution resulted as follows:
Ayes (9) Brock, McGonigal, Murtagh, Gearhart, Fleming, Smith, Kerslick,
Mohlenhoff, Lewis
Nays (0)
Recusals (1) Nguyen
Carried
Common Council
April 4, 2018
33
RECONVENE:
Common Council reconvened into Regular Session with no formal action taken.
Resolution – Authorizing Settlement with Tesla Inc:
By Alderperson Smith: Seconded by Alderperson Brock
WHEREAS, in February 2015, the City executed a Power Purchase Agreement (“PPA”)
with SolarCity Corporation (now Tesla Inc.) to purchase energy generated by solar
panels installed by SolarCity/Tesla on County-owned land; and
WHEREAS, due to multiple difficulties in the development of the solar project, Tesla
was unable to build the solar project; and
WHEREAS, the parties now wish, with regret, to terminate the PPA; now, therefore be it
RESOLVED, That Common Council has determined that it is in the best interest of the
City to terminate the PPA and settle any and all claims by acceptance of a one-time
payment of four hundred thousand dollars ($400,000); and, be it further
RESOLVED, That the Mayor is hereby authorized to execute, upon consultation with
the City Attorney, an agreement reflecting the foregoing.
Alderperson Nguyen recused himself from vote as he has a financial interest in the
topic.
A vote on the Resolution resulted as follows:
Ayes (9) Brock, McGonigal, Murtagh, Gearhart, Fleming, Smith, Kerslick,
Mohlenhoff, Lewis
Nays (0)
Recusals (1) Nguyen
Carried
A Motion to Enter into Executive Session to Discuss the Proposed Acquisition of
Real Property
By Alderperson Lewis: Seconded by Alderperson Smith
RESOLVED, That Common Council enter into Executive Session to discuss the
proposed acquisition of Real Property.
Carried Unanimously
RECONVENE:
Common Council reconvened into Regular Session with no formal action taken.
MINUTES FROM PREVIOUS MEETINGS:
The approval of the March 7, 2018 Common Council meeting minutes was deferred to
the May, 2018 meeting.
ADJOURNMENT:
On a motion the meeting adjourned at 10:00 p.m.
_______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick,
City Clerk Mayor