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HomeMy WebLinkAboutMN-CC-2019-03-06COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. March 6, 2019 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 GIAC Director – McBean-Clairborne GIAC Deputy Director – Brooks Community Development Director – Bohn Assistant City Attorney in charge of Prosecution – Sarachan Transportation Engineer – Hathaway PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Matt Butler, Managing Editor of the Ithaca Times presented the following “Best of” Awards:  Best Local Hero – Mayor Svante L. Myrick  Best Common Council Member – Alderperson Ducson Nguyen  Best Neighborhood Street – Utica Street (accepted by Alderpersons Lewis and Mohlenhoff). Joe McMahon, City of Ithaca, voiced his support for the proposal to reduce the city-wide speed limit to 25 mph. He further voiced his support for the Resolution allowing the Town of Ithaca’s use of the Route 13 Pedestrian Bridge for the Gateway Trail and referred to the bridge as “the bridge to everywhere”. Theresa Alt, City of Ithaca, voiced her support for the proposed legislation that will improve conditions for renters in the City. She stressed the need for more affordable housing and urged the City not to give tax abatements to housing developments that do not include affordable units. Marc Messing, Town of Ithaca, addressed issues of free speech as he believes that he has been denied membership to the Cascadilla Boat Club for being outspoken about his safety concerns regarding the Club. He noted that his son was expelled from the Club as well. He believes that the Club membership should be available to all members of the public. Fay Gougakis, City of Ithaca, expressed her displeasure regarding a letter she received from the Mayor and requested information regarding who influenced the statements that were made. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Mohlenhoff responded to comments made by Mr. McMahon noting that the Resolution regarding the bridge was on the Consent Agenda for approval and would not be discussed further. Alderperson McGonigal responded to comments made by Ms. Gougakis. Alderperson Brock responded to comments made by Ms. Alt and suggested that the tax abatement policy be re-examined. She further referenced the letter mentioned by Ms. March 6, 2019 2 Gougakis and thanked the Mayor for the steps he took to create a safe working environment in City Hall for employees, visitors, and constituents. She acknowledged the difficult decisions that had to be made and voiced her appreciation for the action. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Department of Public Works (DPW) - Authorization for Mayor to Execute a Memorandum of Understanding (“MOU”) with the Town of Ithaca to Permit the Town to use the Route 13 Pedestrian Bridge for the Gateway Trail - Resolution By Alderperson Nguyen: Seconded by Alderperson Mohlenhoff WHEREAS, the City owns a pedestrian bridge that runs over Route 13 ("Route 13 Pedestrian Bridge"), and the City also holds a permit issued by the New York State Department of Transportation ("NYSDOT") authorizing the City to occupy and maintain the Route 13 Pedestrian Bridge within the State’s airspace; and WHEREAS, the Town of Ithaca wishes to use the Route 13 Pedestrian Bridge for the purpose of constructing a public trail, known as the "Gateway Trail," which is a portion of a long-term joint project to establish a trail system serving this area; and WHEREAS, the Town will be replacing decking to the bridge, and staff is supportive of the Town’s improvements and use; now, therefore be it RESOLVED, That Common Council is supportive of entering into an MOU with the Town, and authorizes the Mayor, upon the advice of the City Attorney, to execute the submitted MOU for the Town’s use of the pedestrian bridge as part of the Gateway Trail. Carried Unanimously 8.2 An Ordinance to Amend Chapter 146 entitled “Building Code Enforcement”, Section 146-23 entitled “Examining Board of Plumbers” to Eliminate Residency Requirements for Board Members By Alderperson Nguyen: Seconded by Alderperson Mohlenhoff WHEREAS, the City has long had difficulty recruiting qualified membership to the City’s Examining Board of Plumbers, and part of that difficulty has been created by the requirement that all members must be City residents; now, therefore ORDINANCE 2019-___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of fact: A. The residency requirement for membership on the Examining Board of Plumbers is unnecessarily limiting the City’s ability to recruit sufficient qualified membership. B. The Common Council desires to eliminate said residency requirement. Section 2. Section 146-23(A) shall be amended to read as follows: A. Composition. The Examining Board of Plumbers shall be composed of two master plumbers with not less than 10 years' experience as licensed plumbers and one journeyman plumber with 10 years' experience, to be appointed by the Mayor and to serve terms of three years each; the Assistant Superintendent of Public Works for water and sewer; and the [Chief] Plumbing Inspector. [All members shall be citizens and actual residents of the City of Ithaca.] Section 3. Severability. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. March 6, 2019 3 Section 4. Effective Date. This ordinance shall take effect immediately upon publication as provided in the City Charter. Carried Unanimously 8.3 Renewal of a Memorandum of Understanding for the City’s Co-Sponsorship with the Rotary Club of Ithaca of the 2019 Fourth of July Fireworks Event - Resolution By Alderperson Nguyen: Seconded by Alderperson Mohlenhoff WHEREAS, the City wishes to continue the tradition of hosting fireworks in Stewart Park for the community to enjoy and celebrate the Fourth of July; and WHEREAS, 2017 was the first year of the Rotary Club and City co -sponsorship of the July 4th fireworks event in Stewart and Cass Parks; and WHEREAS, City staff and Rotary Club representatives wish to renew the agreement between the parties in which the City provides traditional municipal services and the Rotary Club provides all planning and funding for the fireworks and services not otherwise provided by the City; and WHEREAS, as co-sponsor of the fireworks event, the Rotary Club of Ithaca commits to funding the cost of fireworks, concessions, vendors, entertainment, traffic and safety measures and sanitary amenities; and WHEREAS, as co-sponsor of the fireworks display event, the City commits to contracting for, but not funding, the fireworks display, and commits to providing City insurance coverage, equipment, facilities and staff time of the Ithaca Police Department, Fire Department, Department of Public Works, Youth Bureau, and any other relevant City department to support the event at no cost to the Rotary Club; now, therefore be it RESOLVED, That Common Council supports the City’s co-sponsorship of the fireworks event in July 2019 and authorizes the City to provide in kind services at no charge to service the event; and, be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to execute a renewal memorandum of understanding with the Rotary Club to co-sponsor the event and memorialize the roles and responsibilities with respect to the fireworks event. Carried Unanimously 8.4 Viva Taqueria & Cantina Alcohol Permit Request - Resolution By Alderperson Nguyen: Seconded by Alderperson Mohlenhoff WHEREAS, since 1998 the City of Ithaca has issued a license to the Viva Taqueria & Cantina Restaurant allowing them 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 Viva Taqueria & Cantina 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 March 6, 2019 4 RESOLVED, For the year 2019, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria & Cantina 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 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Acquisition of the Former Immaculate Conception School Gymnasium – Declaration of Lead Agency - Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, the City of Ithaca Common Council is considering acquisition of a parcel of land containing the 9,156 square foot gymnasium on the former Immaculate Conception school campus, located at 320 W. Buffalo Street, Ithaca, NY; and WHEREAS, the proposed acquisition of less 2.5 acres of contiguous land is an Unlisted Action under the City Environmental Quality Review Ordinance (CEQRO); and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law; and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, no other agency than the City of Ithaca Common Council has jurisdiction to approve or undertake the proposed action; now, therefore be it RESOLVED, That the City of Ithaca Common Council does hereb y declare itself Lead Agency for the environmental review of the proposed acquisition of the former Immaculate Conception school gymnasium. Carried Unanimously 10.2 Acquisition of the Former Immaculate Conception School Gymnasium – Environmental Significance - Resolution By Alderperson Murtagh: Seconded by Alderperson Lewis WHEREAS, the City of Ithaca Common Council is considering acquisition of a parcel of land containing the 9,156 square foot gymnasium on the former Immaculate Conception school campus, located at 320 W. Buffalo Street, Ithaca, NY; and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action; and WHEREAS, such proposed action for the acquisition of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQR”) and an Unlisted Action under the State Environmental Quality Review Act (“SEQR”), both of which require environmental review; and WHEREAS, a Short Environmental Assessment Form (SEAF) and supporting information has been prepared and provided to the City of Ithaca Parks, Recreation, and Natural Areas Commission for review of the proposed action; and WHEREAS, the Common Council for the city of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by the Ithaca Urban Renewal Agency and City planning staff; now, therefore be it RESOLVED, That the Common Council for the City of Ithaca, as Lead Agency in this matter, adopts as its own, the findings and conclusions more fully set forth in the SEAF; and, be it further March 6, 2019 5 RESOLVED, That the Lead Agency 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 10.3 Revised Allocation of New York State Administered Community Development Block Grant (CDBG) Program Income - Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, New York State requires communities in possession New York State (NYS) Administered CDBG Program Income to use such funds for CDBG -eligible uses by March 31, 2019 or return the funds to New York State; and WHEREAS, CDBG program income in the form of loan repayments from this economic development activity are projected to total over $561,000 by March 31, 2019 ; and WHEREAS, the Ithaca Urban Renewal Agency (IURA) admin isters CDBG funds on behalf of the City; and WHEREAS, on November 7, 2018, the Common Council for the City of Ithaca adopted the IURA’s recommendation to allocate NYS administered CDBG program to the following projects:  $175,000 - Cherry Street public road extension, and  $386,583 -S. Aurora Street sidewalk extension (Hillview Place to City/Town line), ; and WHEREAS, the prospective employer to be served by the Cherry Street road extension has informed the IURA that they are pursuing an alternative location to address their space needs due to unforeseen soil conditions at Cherry Street; and WHEREAS, the Cherry Street public road project is no longer an eligible CDBG economic development activity without job creation ; and WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INHS) has recently negotiated acquisition of the former Immaculate Conception school campus ; and WHEREAS, INHS has indicated willingness to sell the former Immaculate Conception school gymnasium to the City of Ithaca at their pro-rated cost of $290,000; and WHEREAS, the IURA recommends the following revised allocation of CDBG funds:  $0 - Cherry Street industrial park extension  $175,000 -Acquisition of the former Immaculate Conception school gymnasium, subject to securing $115,000 in match funding  If match funding for the gym is not secured, then allocate $175,000 for purchase and installation of pedestrian-scale, solar lighting in Titus Triangle, Baker, and Conway public parks, ; and WHEREAS, environmental review for acquisition of the gymnasium has been completed; now, therefore be it RESOLVED, The Common Council for the City of Ithaca hereby amends its November 7, 2018 resolution to approve the allocation of NYS -administered CDBG funds for the March 6, 2019 6 following projects:  $386,583 - S. Aurora Street sidewalk extension (Hillview Place to City/Town line), and  $175,000 - Acquisition of the former Immaculate Conception school gymnasium, subject to securing $115,000 in match funding  If match funding for the gym is not secured, then $17 5,000 shall be allocated for purchase and installation of pedestrian-scale, solar lighting in Titus Triangle, Baker, and Conway public parks ; and, be it further RESOLVED, That the IURA is authorized to request approval from the NYS Office of Community Renewal for use of CDBG funds. Alderperson Murtagh explained the reasons behind the redirection of this funding. Alderperson Brock thanked GIAC Director McBean-Clairborne and Community Development Director Bohn for the information and analysis that was provided for Council’s consideration. She noted that there is a shortage of recreational facilities for youth across city neighborhoods and voiced her support for this action. Alderperson McGonigal voiced his support for this initiative and noted that he is looking forward to working with the staff at GIAC to find recreational opportunities on West Hill. A vote on the Resolution resulted as follows: Carried Unanimously CITY ADMINISTRATION COMMITTEE: 9.1 Ithaca Urban Renewal Agency (IURA) – Establishment of Capital Project for Acquisition of the Former Immaculate Conception School Gymnasium - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INHS) has recently executed a purchase agreement to acquire approximately two acres of the former Immaculate Conception school campus at 320 W. Buffalo Street, Ithaca, NY 14850; and WHEREAS, INHS has indicated willingness to subdivide and sell the former Immaculate Conception school gymnasium to the City of Ithaca at their pro-rated cost of $290,000; and WHEREAS, the Ithaca Urban Renewal Agency (IURA) recommends City allocation of $175,000 of City of Ithaca Small Cities Community Development Block Grant (CDBG) program income toward acquisition of the gym, subject to securing $115,000 in match funding; and WHEREAS, such small cities CDBG program income must be committed for expenditure by March 31, 2019, or returned to New York State; and WHEREAS, the Greater Ithaca Activities Center, Inc. (GIAC, Inc.) pledges $115,000 of match funding for acquisition of the gym; and WHEREAS, on February 13, 2019, the Planning and Economic Development Committee of Common Council recommended allocation of $175,000 of small cities CDBG program income for acquisition of the gym; now, therefore be it RESOLVED, That the Common Council hereby establishes Capital Project #864 - GIAC Large Gymnasium - in an amount of $290,000, which is sufficient for acquisition of the former Immaculate Conception school gymnasium; and, be it further RESOLVED, That funds needed for said Capital Project be derived from the following funding sources: March 6, 2019 7 $175,000 IURA – Small Cities CDBG program income $115,000 GIAC, Inc. $290,000 ; and, be it further RESOLVED, That the Mayor is hereby authorized to execute a lease and purchase agreement, and any and all documents necessary, to acquire the former Immaculate Conception school gymnasium for an amount not to exceed $290,000, subject to review by the City Attorney. Discussion followed on the floor regarding project funding. City Controller Thayer stated that the City would not be borrowing for the project at this time but establishing a capital project is the most efficient way to track project expenditures and revenues. Should the City need additional funding for this project, it would most likely occur in 2020. Alderperson Murtagh acknowledged the extensive work completed by GIAC Director McBean-Clairborne and Deputy Director Brooks, noting that is a legacy achievement for GIAC. A vote on the Resolution resulted as follows: Carried Unanimously 9.2 Department of Public Works (DPW) – Authorization for the Implementation, and Funding in the First Instance 100% of the Federal-aid and State-aid eligible costs, of a Federal-Aid and/or State-Aid Transportation Project, and Appropriating Funds Therefore for the Cecil A. Malone Drive Bridge Replacement Project - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, Sponsor will design, let and construct the “project”; and WHEREAS, a Project for the Cecil Malone Drive Bridge over the Flood Relief Channel, P.I.N. 375589 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs for such program to be borne at the ratio of 95% Federal funds and 5% non-Federal funds; and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-Federal share of Design, Construction and Inspection; and WHEREAS, in November 2018, $2,172,000 (95% Federal and 5% Local Share) of BRIDGE NY funding was made available by New York State Department of Transportation for the Project; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby approves the above- subject project; and, be it further RESOLVED, That the City of Ithaca Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of all work for the Project or portions thereof; and, be it further RESOLVED, That the City of Ithaca Common Council hereby agrees that the City of Ithaca shall be responsible for all costs of the Project which exceed the amount of the BRIDGE NY funding awarded to the City of Ithaca; and, be it further RESOLVED, That the City of Ithaca Common Council hereby establishes Capital Project #863 in an amount not to exceed $2,172,000; and, be it further RESOLVED, That this project be undertaken with the understanding th at the final cost of the Project to the City of Ithaca will be 5% of project costs up to a total project cost of $2,172,000 and 100% of additional costs thereafter; and, be it further March 6, 2019 8 RESOLVED, That funds needed for said amendment shall be derived from se rial bonds, with the understanding that these funds are available to the Project and that the final cost to the City will be $108,600; and, be it further RESOLVED, That in the event of full federal and non-federal share cost of the project exceeds the amount appropriated above, the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof; and, be it further RESOLVED, That City of Ithaca hereby agrees that construction of the Project shall begin no later than twenty four (24) months after award and that the project shall be completed within thirty (30) months of commencing construction ; and, be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and the Superintendent of Public Works is hereby authorized to execute all the necessary Certifications or reimbursement requests for Federal Aid and /or State-Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and, be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and, be it further RESOLVED, This Resolution shall take effect immediately. Discussion followed on the floor regarding the timing of this project and how it will be coordinated with the Brindley Street Bridge project. Bridge Systems Engineer Gebre explained that the Brindley Street Bridge project has been started and is scheduled to be completed by the end of 2020. This project will be started as soon as the new bridge is complete as it will be used as part of the detour for this project. A vote on the Resolution resulted as follows: Carried Unanimously 9.3 City Controller’s Report: City Controller Thayer reported on the following:  2018 Activity is being completed including an inventory reconciliation. Approximately $686,000 had been appropriated from the fund balance for the 2018 budget but not all of that will be needed. This work is expected to be finished by early April.  Sales tax – $14.9 million was budgeted – early returns show a 2.1% increase over 2018 1st quarter collections.  Overtime – $1.2 million was budgeted – $361,000 has been spent to date.  Building permits – $1.3 million was budgeted – $167,000 has been collected.  Site development fees – $127,000 was budgeted - $38,000 has been collected.  Parking Revenues - $2.7 million was budgeted – $366,000 has been collected.  Parking Expenses - $3.9 million was budgeted – $2 million has been spent to date including bond expenses. City Controller Thayer noted that he is monitoring the NYS budget discussions closely. The Governor has proposed no changes to CHIPS funding or State Aid to Municipalities. He further reported on the increased Department of Public Works expenses this winter due the number of water main breaks and the corresponding increase in DPW overtime costs. Approximately $66,000 of the $110,000 salt budget has been used to date. March 6, 2019 9 Discussion followed on the floor regarding the City’s Charitable Contribution Law and how residents with escrow accounts can take advantage of it. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.4 An Ordinance to Amend Chapter 210 of the City of Ithaca Municipal Code entitled “Housing Standards”, Section 210-43 entitled “Certificate of Compliance” Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, Chapter 210-43 of the City of Ithaca Municipal Code establishes procedures and requirements for save rental housing to promote public safety; and WHEREAS, the City of Ithaca has a significant tenant population ; and WHEREAS, all rental dwellings must hold a valid certificate of compliance as required in section 210-43; and WHEREAS, the city of Ithaca recognizes and affirms that obtaining a certificate of compliance for a rental dwelling helps to ensure the health and safety of tenants in the city; and WHEREAS, it is incumbent upon each property owner of a rental dwelling to first obtain and then periodically renew their certificate of compliance; and WHEREAS, the presumption proposed will aid in the enforcement of the requirement of renewing certificates of compliance; and WHEREAS, the City Attorney’s Office and the Building Division have proposed recommendations to Common Council to add a provision for a presumption of rental status; now, therefore ORDINANCE 2019-___ 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 the safety of the public will be better served by requiring rental dwellings to renew expired certificates of compliance, and to enforce that requirement. Section 2. Section 210-43(A) shall be amended to read as follows: Certificate of Compliance A. … (3) Any rental dwelling that has obtained a valid certificate of compliance shall be presumed to continue being a rental dwelling or rental unit thereafter, regardless of the expiration of the certificate of compliance or until such time that the owner provides a written statement to the Building Division that the dwelling or unit is no longer rented and it is inspected by the Building Division to confirm that it is no longer rented. Section 3. Severability. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordin ance. Section 4. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. Carried Unanimously March 6, 2019 10 10.5 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section 325-3 entitled “Definitions”, Section 325-3(B) related to the Definition of “Occupant” Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, Chapter 325-3 of the City of Ithaca Municipal Code defines occupant for the purposes of determining compliance with zoning rules and regulations throughout the City, and this definition has been found to be ambiguous as to what constitutes an occupant, and WHEREAS, the primary purpose of the statute is to ensure safe living standards for each Ithaca resident, and secondarily to protect the quality of Ithaca neighborhoods , and WHEREAS, the City of Ithaca recognizes and affirms that safely occupied residences are a priority for the city as a matter of protecting our residents’ safety; and safety of the residences within the city, and WHEREAS, the Common Council desires to clarify the penalty in this chapter to remove any ambiguity in what constitutes an occupant for compliance and violation of the provisions of this chapter, and thereby meet the legislative intent, and WHEREAS, the City Attorney’s Office has proposed recommendations to Common Council to define occupant in this chapter; now, therefore ORDINANCE 2019-___ 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 the safety of the public will be better served by clarifying the definition of occupant in this chapter. Section 2. Section 325-3(B) shall be amended to read as follows: OCCUPANT In R-2c Zones only, a person that is permitted to occupy a dwelling unit or building in an R-2c Zone. (1) [The number of such occupants that are permitted to legally occupy a dwelling unit or building is based on the amount of habitab le space in the dwelling unit or building and on the basis of lot size. The minimum amounts of habitable space that are required for occupancy by one or more persons are as follows:] (1) For the purposes of determining the number of occupants for all provisions of this chapter, an occupant is defined as person that has the right to occupy a dwelling unit or building notwithstanding actual occupation. Such a right to occupy may be demonstrated by any one of the following: (a) payment of rent; (b) being a lessee; (c) having permission of the owner to occupy a dwelling unit or building; (d) other evidence of a right to occupy [(a) In R-2c dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of lot size and on the basis of the floor areas of habitable space, other than kitchens, as shown in the following table:] (a) The number of such occupants that are permitted to legally occupy a dwelling unit or building is based on the amount of habitable space in the dwelling unit or March 6, 2019 11 building and on the basis of lot size. The minimum amounts of habitable space that are required for occupancy by one or more persons are as follows: Section 3. Severability. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. Alderperson Brock asked for clarification as to whether the definition of “occupant” applied only to the R2C zone or all the zoning districts. Assistant City Attorney in charge of Prosecution Sarachan responded that the definition would apply to the entire Zoning Chapter. A vote on the Ordinance resulted as follows: Carried Unanimously 10.6 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section 325-47 entitled “Penalties for Offenses” By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, Chapter 325-47 of the City of Ithaca Municipal Code establishes the penalties for offenses for over-occupancy violations throughout the City, and the city code provision providing for penalties has been found to be ambiguous as to whether there is a penalty for each occupant over the limit per day or just one overall penalty per day; and WHEREAS, the city court has found the penalty for over-occupancy violations to be applied for each additional occupant over the permitted number, as each additional occupant places an additional burden on the residence and neighborhood; and WHEREAS, the primary purpose of the statute is to ensure safe living standards for each Ithaca resident, and secondarily to protect the quality of Ithaca neighborhoods; and WHEREAS, the city of Ithaca recognizes and affirms that safely occupied residences are a priority for the city as a matter of protecting our resident’s safety and safety of the residences within the city; and WHEREAS, the Common Council desires to clarify the penalty in this chapter to rem ove any ambiguity that the penalty applies per occupant in violation of this chapter, and thereby meet the legislative intent; and WHEREAS, the City Attorney’s Office has proposed recommendations to Common Council to add that the penalty for over-occupancy applies per occupant in violation of this chapter; now therefore ORDINANCE 2019-____ 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 the safety of the public will be better served by clarifying the penalty applicable to violations of this chapter. Section 2. Section 325-47 shall be amended to read as follows: Penalties for offenses. A. If a property is in violation of any provision of this chapter, the owner of the property shall be guilty of an offense. In addition, any other person who shall violate any provision of this chapter shall be guilty of an offense. Each day's continued violation March 6, 2019 12 constitutes a separate offense unless otherwise provided herein. For any violation of over-occupancy provisions herein, each additional occupant over the maximum shall constitute a separate offense. Section 3. Severability. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. Carried Unanimously 10.7 An Ordinance to Amend Chapter 146 of the City of Ithaca Municipal Code entitled “Building Code Enforcement”, Section 146-9 entitled “Identification and Notification” By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, Section 146-9 of the City of Ithaca Municipal Code establishes the procedure for having the Director of Planning or designee to declare a building unsafe ; and WHEREAS, there is no penalty for a property owner to continuing permitting occupancy from a tenant in a building that has been declared unsafe; and WHEREAS, there is no penalty for a property owner to continue collecting rent from a tenant in a building that has been declared unsafe ; and WHEREAS, the primary purpose of the statute is to ensure safe living standards for each Ithaca resident; and WHEREAS, the city of Ithaca recognizes and affirms that occupation of a building that has been declared unsafe risked the health and safety of our residents within the city; and WHEREAS, the Common Council desires to impose a penalty for any property owner who permits a risk to the safety of any city resident by permitting occupation of a building that has been declared unsafe, and thereby meet the legislative intent ; and WHEREAS, the City Attorney’s Office has proposed recommendations to Com mon Council to add a penalty for permitting occupancy of any building that has been declared unsafe as defined in this chapter; now, therefore ORDINANCE 2019-____ 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 the safety of the public will be better served by enacting a penalty applicable to violations of this chapter. Section 2. Section 146-9 shall be amended so as to add at the end thereof paragraphs “O” and “P” as follows: Identification and notification. O. Once a building has been deemed unsafe, the property owner shall prevent any person access to or the right to reside in such a building, whether or not for consideration. Once a building has been deemed unsafe, the property owner shall prevent any access inside the building except for purposes related to repair or demolition of the building, except with the written permission of the Director of Planning and Development or designee. The property owner shall be presumed to be aware of access to or occupancy of the building. Violations of this section March 6, 2019 13 shall be subject to the penalty provided for failure to comply with a written order of the Director of Planning and Development in § 146-50 herein. P. After a building has been declared unsafe by the Director of Planning and Development, renting to any tenant is prohibited. Any person, including property owner, landlord, or property manager who rents to a tenant any part of an unsafe building shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in an amount not to exceed $500, and not less than $250 for each violation, or imprisonment of not more than 30 days, or both. Each day of rental shall be deemed a separate violation. It shall be a separate violation for each tenant to whom any person is renting any part of an unsafe building. Section 3. Severability. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. Carried Unanimously 10.8 An Ordinance to Amend Chapter 258 of the City of Ithaca Municipal Code entitled “Rental Housing”, to add Article III entitled “Displaced Tenants” By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, Chapter 258 of the City of Ithaca Municipal Code establishes procedures for equitable landlord-tenant relations, and; WHEREAS, the City of Ithaca has a significant tenant population, and; WHEREAS, there are circumstances where tenants must vacate premises which have been leased through no fault of the tenant due to zoning violations committed by the landlord, and; WHEREAS, there are circumstances where tenants must vacate premises which have been leased because the property has been declared unsafe for occupancy due to failure of the landlord to provide proper housing conditions, and; WHEREAS, the city of Ithaca recognizes and affirms that occupation of a building that has been declared unsafe risked the health and safety of our residents and visitors within the city, and; WHEREAS, when a tenant is forced to vacate a premises during a lease term, the tenant suffers hardships that are difficult to value, including but not limited to stress, finding alternative housing; making arrangements to moving belongings to new housing and the costs thereof; logistics of having to transfer other housing facets such as a new mailing address, phone, cable, utilities, parking, and transportation; costs that are difficult to value; and WHEREAS, when a tenant is forced to vacate premises during a lease term, the tenant needs to find alternative housing immediately, and the alternative housing is often less convenient to work, less convenient to school, may require additional transportation costs, and may require the tenant to leave roommates and neighbors who are friends; costs that are difficult to value; and WHEREAS, when a tenant is forced to vacate premises during a l ease term, the tenant incurs expenses that are difficult to calculate and predict, such as having to pay above - market rent to find alternative housing under time -pressure and having to pay for short- term housing; and WHEREAS, when a tenant is forced to vacate premises during a lease term, the tenant has to devote an undeterminable amount of time under pressure and stress to immediately find alternative housing and make all other arrangements besides those March 6, 2019 14 noted above that are necessary to compete the move as quickly as possible, which are is difficult to value; and WHEREAS, when seeking a financial remedy in a circumstance where the damages to the aggrieved party are difficult to value, liquidated damages make the remedy easier to calculate, and obtain, and are appropriate; and WHEREAS, the Common Council desires to impose a remedy for tenants who are displaced due to violations of the housing code, of the zoning rules, and/or other violations of city, state or national codes, rules, and regulations durin g a lease term; and WHEREAS, the City Attorney’s Office and the Building Division have proposed recommendations to Common Council to add a provision for alternative housing for displaced tenants; now therefore ORDINANCE 2019-___ 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 the safety and welfare of the public will be better served by enacting a provision for a landlord to compensate tenants who are displaced from their leased premises due to violations of housing code and/or violations of zoning rules, and that the costs to such displaced tenants are significant and difficult to calculate in full. Section 2. Chapter 258 shall be amended to add Article III which will read as follows: §258-12 Definitions Displaced Tenants A tenant, as defined in this chapter, who cannot occupy the premises that the tenant is entitled to occupy due to the landlord’s failure to adhere to any applicable provision, statute, rule or regulation relating to the rental unit, including but not limited to the New York State Uniform Fire Prevention and Building Code, and Chapters 210 and 325 of the Ithaca City Code. For the purposes of this chapter, a tenant’s entitlement to occupy is any non-gratuitous agreement with a landlord to occupy premises, regardless of whether the agreement violates a code, statute or regulation. §258-13 Landlord’s Obligation The landlord is responsible to every displaced tenant for an amount of liquidated damages which amount to double the monthly rent, pro-rated for every day of displacement, including the day the tenant vacates, until the expiration date of the tenant’s lease term or until all deficiencies have been corrected and inspected by the Building Division and the Building Division has determined that the rental unit is suitable for occupancy, whichever date comes first. Section 3. Severability. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. Discussion followed on the floor regarding a landlord’s obligation to displaced tenants. Alderperson Smith noted some of the history behind the legislation that involved two incidents that occurred in Collegetown. March 6, 2019 15 Alderperson Brock expressed gratitude to Assistant City Attorney Sarachan for his good work on this legislation and for presenting it to Common Council as a complete package. Alderperson Kerslick echoed those comments noting that it is a good body of work that corrects some of the loopholes that existed in the legislation under rare but egregious situations. He further commented on the amount of new housing stock available in the Collegetown area. A vote on the Ordinance resulted as follows: Carried Unanimously 10.9 A Resolution Supporting the Reduction of the City-wide Default Speed Limit From 30 Miles Per Hour to 25 Miles Per Hour Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, the observed speeds that citizens report as feeling unsafe in their communities has been shown to be less than 30 miles per hour through speed evaluations; and WHEREAS, Federal Highway Administration methodologies recommend speed limits of 25 miles per hour and under on the type of roadways common in the City of Ithaca ; and WHEREAS, a study by the Insurance Institute for Highway Safety demonstrated that a City-wide speed limit reduction in Boston from 30 miles per hour to 25 miles per hour resulted in lower speeds, especially in excess of 35 miles per hour; and WHEREAS, reduced speeds minimize stopping distance of vehicles and the likelihood of injury or fatality as a result of a collision with a pedestrian ; and WHEREAS, reduced speeds narrow the difference in opera ting speeds of vehicles and bicycles, which can improve safety for these vulnerable users of the roadway network; and WHEREAS, lower speeds provide greater flexibility in roadway design ; and WHEREAS, a reduction in speed from 30 miles per hour to 25 miles per hour represents an increase in travel time of only 24 seconds per mile under free flow conditions; and WHEREAS, the State Vehicle and Traffic Law Section 1643 prohibits cities and villages from establishing area-wide speed limits below 30 miles per hour and also prohibits establishing any speed limit under 25 miles per hour on any roadway (except school zones); and WHEREAS, in some cases, this law prevents the City from establishing appropriate speed limits based on accepted engineering practice s; now, therefore be it RESOLVED, That the City of Ithaca hereby requests that the State of New York amend Vehicle and Traffic Law Title 8, Article 38, Section 1643 to allow all communities to establish a city-wide speed limit as low as 25 miles per hour. Further, on roadways where established FHWA methodologies for establishing speed limits recommend speed limits lower than 25 miles per hour, cities and villages should be permitted to post speed limits lower than 25 miles per hour, and be it further RESOLVED, That certified copies of this Resolution be sent to Assemblywoman Barbara Lifton, Senator Thomas O’Mara, and Governor Andrew Cuomo. Alderperson McGonigal voiced his support for this Resolution and suggested that the City team up with other upstate cities to build momentum. Alderperson Gearhart also voiced his support and asked what the confidence level was that this initiative would be successful. Transportation Engineer Hathaway responded that he was uncertain at this time; however, he has been setting up meetings with transportation managers from other Metropolitan Planning Organizations and municipalities in our region. He March 6, 2019 16 recommended this approach before trying to implement speed limits on a street by street basis. Further discussion followed on the floor about plans to synchronize traffic signals to coordinate vehicle stops/starts if this initiative is implemented and lowering speed limits only in certain areas. The question was raised as to whether this would apply to New York State routes within the City. Transportation Engineer Hathaway noted that the State seems to be open to considering a lower speed limit for state routes; however, it wouldn’t happen automatically. A vote on the Resolution resulted as follows: Carried Unanimously 10.10 A Resolution Supporting the City of Ithaca’s Vision Zero Plan to Eliminate All Traffic-Related Fatalities and Serious Injuries Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, traffic crashes are among the leading cause of death and injury within the United States; and WHEREAS, traffic crashes are the leading cause of injury related death, second leading cause of injury related hospitalizations and third leading cause for injury related emergency department visits in New York State. On average, three New Yorkers die every day due to a traffic-related crash. The combined hospitalization and emergency department charges average $1.1 billion, annually; and WHEREAS, from 2008 to 2017 the City of Ithaca had a total of 182 serious injury crashes including 5 fatalities; and WHEREAS, the City is hereby recognizing that these crash statistics are not acceptable for citizens, commuters, and tourists who live, work and play in the City of Ithaca; and WHEREAS, death and injury on our streets is unacceptable and many serious crashes are preventable; and WHEREAS, traffic deaths and serious injuries in the United States have disproportionately impacted pedestrians, cyclists, people of color, low-income households, older adults and youth, people with disabilities, and households with limited vehicle access; and WHEREAS, the City will hereby commit to decreasing these crash statistics by endorsing Vision Zero, which is a safe systems approach and strategy to eliminate all traffic fatalities and severe injuries, while increasing safe, healthy, equitable mobility for all; and WHEREAS, the City of Ithaca will create a Vision Zero action plan that focuses on safety as a primary objective in designing transportation projects; now, therefore be it RESOLVED, That the City of Ithaca hereby adopts a goal of eliminating traffic deaths and serious injuries; and endorses Vision Zero as a comprehensive and collaborative approach that involves several City departments in order to achieve this goal; and, be it further RESOLVED, That the Common Council directs The Department of Public Works and the Ithaca Police Department to create and pursue a Vision Zero Action Plan for future consideration by the Common Council, based upon a c omprehensive analysis of traffic deaths and injuries in the City of Ithaca; and, be it further RESOLVED, That Common Council directs the Transportation Engineer to oversee the Vision Zero Action Plan to addresses traffic deaths and serious injuries through a collaborative combination of engineering, enforcement, education, and evaluation, with public engagement and other stakeholders. March 6, 2019 17 Discussion followed on the floor regarding the goals of this International movement. A vote on the Resolution resulted as follows: Carried Unanimously Alderperson Murtagh reported that the following topics would be discussed at next week’s Planning and Economic Development Committee meeting:  E-Scooters  Tompkins County’s presentation on the purchase of the Tioga Str eet and Sears Street properties. Alderperson Mohlenhoff expressed her appreciation to the members of the Mobility, Accessibility, and Transportation Commission for their excellent report on e-scooters. She noted that this was the type of work that Council envisioned for the Commissions. MAYOR’S APPOINTMENTS: 14.1 Appointment to Ithaca Housing Authority Board – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, That Christine Barksdale be appointed to the Ithaca Housing Authority Board to fill a vacancy with a term to expire October 17, 2023 , and, be it further 14.2 Reappointments to Planning and Development Board – Resolution RESOLVED, That Robert Aaron Lewis be reappointed to the Planning and Development Board with a term to expire December 31, 2021, and, be it further RESOLVED, That Matthew F. Johnston be reappointed to the Planning and Development Board with a term to expire December 31, 2021, and, be it further RESOLVED, That Garrick Blalock be reappointed to the Planning and Development Board with a term to expire December 31, 2021 , and, be it further 14.3 Appointment to Workforce Diversity Advisory Committee – Resolution RESOLVED, That Belissa Gonzalez be appointed to the Workforce Diversity Ad visory Committee to fill a vacancy with a term to expire December 31, 2021 , and, be it further 14.4 Reappointment to Ithaca Landmarks Preservation Commission – Resolution RESOLVED, That Susan Stein be reappointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2021; and, be it further RESOLVED, That Nancy Brcak be reappointed to the Ithaca Landmarks Preservation Commission as an alternate member with a term to expire December 31, 2021 , and, be it further 14.5 Reappointments to the Board of Public Works – Resolution RESOLVED, That Jonathan Greene be reappointed to the Board of Public Works with a term to expire December 31, 2019, and, be it further RESOLVED, That Claudia Jenkins be reappointed to the Board of Public Works with a term to expire December 31, 2020, and, be it further RESOLVED, That David Warden be reappointed to the Board of Public Works with a term to expire December 31, 2020, and, be it further RESOLVED, That Marshall McCormick be reappointed to the Board of Public Works with a term to expire December 31, 2021, and, be it further RESOLVED, That Garrick Blalock be reappointed to the Board of Public Works with a term to expire December 31, 2021. Carried Unanimously Alderperson Nguyen thanked everyone for their dedicated service to the City. March 6, 2019 18 REPORT OF CITY ATTORNEY: City Attorney Lavine reported on the Ithaca Properties vs. City of Ithaca suit which involved the Rothchild Building under Green Street Garage. The claim was that the City violated the terms of the longstanding agreement as it pertained to the maintenance of the Green Street Garage and the retail space under the Rothchild building. The suit was fully dismissed by Court decision. He noted that it is possible that the plaintiff will appeal but he feels confident in the City’s position. MINUTES FROM PREVIOUS MEETINGS: Approval of the February 6, 2019 Common Council Meeting Minutes - Resolution By Alderperson Kerslick: Seconded by Alderperson Brock RESOLVED, That the minutes of the February 6, 2019 Common Council Meeting be approved as published. Carried Unanimously EXECUTIVE SESSION: A Motion to Enter into Executive Session to Discuss Possible Acquisition of Property By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, That Common Council enter into Executive Session to discuss the possible acquisition of property. Carried Unanimously RECONVENE: Common Council reconvened into Regular Session with no formal action taken. A Motion to Enter into Executive Session to Discuss Pending Litigation By Alderperson Smith: Seconded by Alderperson Nguyen RESOLVED, That Common Council enter into Executive Session to discuss pending litigation. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:45 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor