HomeMy WebLinkAboutMN-CC-2019-09-04
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. September 4, 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
Superintendent of Public Works – Thorne
Deputy Director of Planning & Development – Nicholas
Deputy Director of Economic Development - Knipe
Chief of Staff - Cogan
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
There were no additions to or deletions from the agenda.
Mayor Myrick provided a brief update on the shooting incident that occurred near the
Green Street Parking Garage today at 9:45 AM. He described the outstanding
response by the Ithaca Police Department and reported that the weapon was secured,
and the shooter has been identified. He asked everyone to keep the victims of this
incident in their thoughts and reminded folks to check in on each other. He highlighted
the services that are available to people who are feeling vulnerable and expressed his
gratitude to the staff of the Tompkins County Mental Health Department for the
assistance and support they rendered to members of the public after the shooting.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Reports of Municipal Officials
Tompkins County Legislator Anna Kelles reported on the following:
Tompkins County has launched its budget season. Deliberations will begin on a
$192 million budget and a significant number of new staffing requests . They are
expecting a tax levy increase but a tax rate decrease.
The Tompkins County Legislature approved its Green Strategy and has adopted
a Comprehensive Capital Plan to reach Net Zero for all government operations
by 2035.
The Board of Elections is focusing on the 2020 election cycle and succession
planning. Poll workers are needed for the 2019 election and the County is
offering $18 an hour for those positions.
There was a presentation on the Comprehensive Housing Strategy that is
designed to address code issues and meet the needs /goals of municipalities.
The County is drafting a Resolution for a Capital Improvement Abatement
Program.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Deirdre Kurzweil, Owner of Sunny Days, spoke about the lack of enforcement of the
Commons Ordinance as it relates to bicycles, dogs, and smoking on the Commons.
She recommended better signage and legislative amendments to make the provisions
of the law enforceable.
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Todd Kurzweil, City of Ithaca, stated that he was very distressed about the shooting that
occurred downtown this morning. He further addressed issues regarding busking on
the Commons and suggested that the City maintain a registry of the people are who are
“working” on the Commons.
Fay Gougakis, City of Ithaca, addressed various issues related to downtown including
dogs on the Commons and Lime Bikes.
Frank Kruppa, Director of Tompkins County Mental Health Department, thanked the
Mayor for acknowledging the aid his employees offered to the victims of this morning’s
shooting. He addressed the impacts that the intercity buses have on clients who utilize
mental health services. He reminded Council that the heaviest impacts are related to
the return of the students and winter weather. He requested th at the six-month reviews
be continued and urged Council not to approve an indefinite agreement. He explained
that 400-500 clients try to navigate that area each week and voiced his concern for the
safety of their most vulnerable clients.
Adil Griguihi, Owner of Casablanca, voiced his concern regarding the shooting that
occurred downtown this morning. He stressed the need for additional police staffing.
Steven Wolf, City of Ithaca, stated that he was working with Transportation Engineer
Hathaway on street maintenance issues related to E. Seneca Street and Stewart
Avenue. He noted that the intercity buses, fire trucks, TCAT buses and other large
vehicles use E. Seneca Street as a short cut and requested that “No Thru Traffic” signs
be installed. He cited the approved truck route plan and asked the City to enforce it.
Pastor Michael-Vincent Crea, City of Ithaca, recommended that the in tercity buses be
relocated to the Shops at Ithaca Mall. He further requested a roll call of Council
members asking whether anyone has taken money from the Collegetown
Bagel/Collegetown Development group.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick responded to the concerns raised by Deidre and Todd Kurzweil regarding
busking and other Commons related activities. He thanked the speakers for their
comments regarding the intercity buses and shared their dissatisfaction with the current
Green Street location. He stated that the City would continue to look for alternatives.
Mayor Myrick further responded to comments made by Mr. Wolf regarding E. Seneca
Street and stated that the City would continue to work to keep large vehicles on the
arterial streets.
Alderperson Brock thanked the speakers and addressed comments made about the
Commons rules. She noted that this issue continues to arise and asked what the
process for enforcement was. She suggested that the Public Safety and Information
Commission take on these issues. She further stated that she was sensitive to the
concerns raised by the Tompkins County Department of Health and stressed the need
to address issues such as ice build-up/snow removal, the maintenance of sidewalk
widths, etc. Alderperson Brock further explained that Common Council and the Mayor
file annual financial disclosure forms that are available for review in City Clerk’s Office.
She disclosed that she has never been offered financial compensation from developers
or anyone else.
Alderperson Kerslick noted that everyone is aware of the limitations of the current
intercity bus site. He further responded to comments made by Mr. Wolf regarding E.
Seneca Street, noting that several initiatives are underway, but more should be
implemented. He addressed enforcement issues with the Commons legislation,
commenting that IPD is vigorously recruiting police officers to fill the vacancies that
currently exist. He recognized IPD’s great service this morning during the shooting
incident.
Alderperson Lewis thanked the emergency responders who assisted with the shooting
incident this morning. She further thanked Todd & Deidre Kurzweil, noting that they
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have made a big commitment to the downtown community and have recently been
victims of vandalism. She questioned how the rules of the Commons are being
communicated to members of the public. She further responded to comments made
regarding the intercity bus issues.
Alderperson McGonigal thanked the speakers, noting that he was not aware of the
problems on E. Seneca Street and the problems faced by Mental Health Department.
He affirmed that the Planning & Economic Development Committee asked for 6 months
check-ins for the buses. He further stated that he appreciates the need for a friendlier
method of enforcing the rules of the Commons. He thanked those involved in the
shooting incident, particularly the Ithaca Police Department, and expressed his pride in
the police force.
Alderperson Gearhart thanked the speakers for their comments. He clarified that the
Public Safety and Information Commission is only reviewing the dogs on the Commons
issue and not the remaining balance of the legislation. Mayor Myrick suggested that
Commission also be asked about how the busking rules should be enforced.
Alderperson Mohlenhoff thanked everyone who spoke about safety today, noting that
she witnessed most of the shooting incident. She publicly thanked the Ithaca Police
Department for their outstanding service and for remaining calm and reassuring while
handling multiple scenes and incidents.
Alderperson Nguyen announced that the Gus Macker Basketball Tournament and
Festival of Nations would be held on Saturday and Sunday at the Ithaca High School
and the AIDS Ride for Life would be held on Saturday at Cass and Stewart Parks.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works (DPW) – Amendment to Capital Project #799
for DPW Fuel Island - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, Capital Project #799 was established in 2014 at $488,00 0 to design and
construct a new fuel island at Streets and Facilities to serve the entire City fleet fueling
needs, as well as decommissioning the existing fuel island and tanks; and
WHEREAS, on June 18, 2019, the Board of Public Works, acting as Lead Agency,
declared that the project would not have a significant negative environmental impact in
accordance with the City and State Environmental Quality Review laws and ordinances
(CEQR and SEQR); and
WHEREAS, bids were opened on August 13, 2019, for this scope of work and the low
bidder for General Construction was Boland’s Excavating & Topsoil, Inc. of Conklin, NY
at $ 615,000, and the low bidder for Electric Construction was Diekow Electric, Inc. of
Marathon, NY at $147,850 (after LaValley Bros. Constru ction Inc. of Wolcott, NY
withdrew an unbalanced bid for the electric work); and
WHEREAS, Engineering staff is recommending award of contract to the low bidders
conditioned on additional budget and completion of the full scope of work, plus an
allowance for construction inspection and material testing and a contingency; now,
therefore be it
RESOLVED, That Common Council hereby amends Capital Project #799 by $505,000
for the project, bringing the total authorization to $993,000; and, be it further
RESOLVED, That funds needed for said amendment shall be derived from issuance of
Serial Bonds.
Carried Unanimously
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8.2 Establishing the Platinum Plan Offered Through the Greater Tompkins
Municipal Health Insurance Consortium as an Option Available to All Active City
Employees for Health Coverage Provided by the City - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, in 2019, the City added the Platinum Plan offered through the Greater
Tompkins Municipal Health Insurance Consortium, to the health benefit plans available
to certain active City employees; and
WHEREAS, the Greater Tompkins Municipal Health Insurance Consortium makes
periodic adjustment to the Platinum Plan it offers in order to maintain an Actuarial V alue
as defined by the Patient Protection and Affordable Care Act (ACA) that is equal to an
overall plan benefit for the average participant of 90% for the Platinum Plan, meaning
that co-pays and deductibles may vary from year-to-year in order to preserve a 90-10
split of approved medical costs between the insurance plan and covered members; and
WHEREAS, the City now wishes to add the Platinum Plan, or equivalent plans that may
succeed it, to the options available to all active City employees; now, therefo re be it
RESOLVED, That Common Council hereby authorizes the Director of Human
Resources and the City Controller to make the Platinum Plan option, or its equivalent
successor plan, available to all active City employees.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 Amendment to Capital Project #857 for the Comprehensive Parking Study -
Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, Capital Project #857 was established in 2019 in the amount of $51,000 for
the purpose of scoping both a Comprehensive Parking Study and a separate
Transportation Study; and
WHEREAS, the Department of Public Works sent out a Request for Qualifications for a
Comprehensive Parking Study on March 5, 2019 to fourteen consulting fir ms, The New
York State Contract Reporter, and the New York Upstate Planning website; and
WHEREAS, The City received Statements of Qualifications from ten consulting firms by
the deadline of April 12, 2019; and
WHEREAS, The Parking Division of the Department of Public Works established and
convened a Consultant Selection Committee consisting of:
1. City staff: Chief of Staff, Superintendent of Public Works, Director of Parking,
Director of Planning, Deputy Director of Economic Development, a Senior
Planner, and the Director of the IURA;
2. The Director of the Downtown Ithaca Alliance;
3. Two members of the Mobility, Access, and Transportation Commission;
4. One representative of Allpro Parking
; and
WHEREAS, the Consultant Selection Committee evaluated, ranked, an d fully vetted the
Statement of Qualifications submitted, and selected Stantec Consulting Services Inc. as
the preferred consultant; and
WHEREAS, Stantec Consulting Services Inc. has worked collaboratively with the City to
produce a Scope of Services; and
WHEREAS, the proposed schedule to complete the full Scope of Services is planned to
begin no later than September 16, 2019; and
WHEREAS, the fee for the Scope of Services mutually agreed to by the City and
Stantec Consulting is $174,458; now, therefore be it
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RESOLVED, That Common Council hereby amends Capital Project #857 by $126,900,
including financing costs to fully fund the Comprehensive Parking Study, bringing the
total authorization to $177,900; and, be it further
RESOLVED, That funds necessary for said project amendment shall be derived from
the issuance of Serial Bonds.
Discussion followed regarding how the data received from this study would inform the
Downtown Ithaca Alliance Transportation Demand Study.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2 Finance Department – Request to Waive Penalty on Taxes - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, Common Council established guidelines for the waiver of penalty on taxes
to assist in consistency when considering requests; and
WHEREAS, Nick Lambrou has made an appeal to have late penalties removed from his
2019 City 2nd Installment tax payments; and
WHEREAS, the circumstances leading to his request do not fit the guidelines allowing
for waiver of penalty as previously established by Common Council; now, therefore be it
RESOLVED, That the request to refund paid penalty is denied.
Ayes (9) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick,
Mohlenhoff, Lewis
Nays (1) McGonigal
Carried
9.3 City Controller’s Report
City Controller Thayer reported on the following:
2020 Budget Development
Health Insurance – projecting a 5% increase
Pension liability estimate is 1-3.2% increase depending on the retirement tier and 4.8 -
7.5% increase for police and fire personnel
Debt service will increase by 11%. In addition, a one-time, final, maturity payment of
$530,000 will be paid for the IURA
Development fee revenue remains high
2019 Activity
Sales tax is running 2% ahead of 2018
Overtime costs – nearly $1 million expended to date of the $1.3 million budget
Building permit revenue – $500,000 collected to date
Site development fees – $250,000 collected to date
Parking revenues are ahead of schedule to date
Alderperson Mohlenhoff reminded Council of the Special Budget meeting on September
25, 2019 that will include discussions about IPD staffing and special events.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Extension to Allow Continued Use of Green Street by Intercity Bus
Companies - Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, Section 346-31 of the City Code states that no bus shall operate, stop on or
stand on any City street, nor shall such bus pick up or discharge passengers o n any
such City street or curb, or any other public property, or within 200 feet of any City bus
stop in the corporate limits of the City of Ithaca, unless a permit is obtained from the
Common Council or its designee; and
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WHEREAS, in September 2018, Common Council passed a resolution to allow the use
of East Green Street as an intercity bus stop; and
WHEREAS, staff prepared and executed agreements with the intercity operators for a 6
month trial period ending on March 31, 2019; and
WHEREAS, on April 3, 2019, staff recommended that the Common Council
conditionally renew the agreement until August 31, 2019, in order to allow for a full year
of consideration of this site; and
WHEREAS, staff from Planning and Public Works have been continually evaluating this
program in order to determine whether this location is feasible as a long term solution
for intercity bus use; and
WHEREAS, staff has determined that the inclusion of an intercity bus stop is convenient
for bus patrons to be able to connect to points around the City or to alternate travel
modes, increased foot traffic helps to support local businesses; and
WHEREAS, staff also found that the inclusion of intercity buses to downtown did not
create significant challenges to the extent that bus companies adhered to agreed
schedules generally, and since the April 3, 2019 extension, in part due to the staggered
exit of students at the end of the academic year; and
WHEREAS, because staff recognized that the Green Street location created some
challenges, including, City crews not having the capacity to remove snow from the
street and sidewalk early enough to allow for the bus stop to remain functional, intercity
buses parking in the TCAT spaces, lack of rest areas for intercity passengers, drivers
and passengers loading luggage on the street side of the buses, and too many on street
buses during holidays and other significant travel days; and
WHEREAS, in April 3, 2019, staff recommended that the agreement for the extension
include conditions in order to ensure that the on street traffic continued to flow safely
and effectively, including
City staff convene a meeting with bus providers to discuss necessary
changes that need to be made in order to continue with Green Street
intercity bus service. The bus companies will also be informed that there
is no room for expansion of future service at this location so that they can
make an informed decision of whether this space meets their needs now
and in the future, and
the City will need to paint the bus lanes on Green Street and will charge
the intercity bus providers for this improvement, and
buses will need to specify dates that will have additional buses (holidays,
student arrival and departure dates) and will need to provide on street staff
on these dates to direct customers to their buses, and to direct bus drivers
to the appropriate locations. If the City determines that an additional
Community Service Officer (CSO) needs to be assigned to this area
during heavy traffic times in order to issue tickets, the City will charge the
bus operators for this service, and
all of the bus companies will be required to provide accommodations for
their passengers. This can be accomplished through an agreement with
an existing facility, but they will need to show proof tha t they have
permission to use existing facilities, and
the bus permit agreement should continue to allow for revocation for
failure to comply with requirements. There would be no tolerance of
unloading luggage on the street side, encroaching on the bike lane,
unloading from a travel lane or any other behavior deemed unsafe by the
City, and
implementation of these remedies or of other improvements deemed to be
necessary may result in increased permit fees, and
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WHEREAS, City staff and bus operators have been in contact to meet the above
conditions concerning safety issues and passenger amenities, and as to painting the
bus lanes, the City has requested approval to implement from the New York State
Department of Transportation and has yet to receive such approval; and
WHEREAS, current intercity bus companies permit agreements are in effect until
termination, which must be upon no less than 30 days’ notice; and
WHEREAS, with the anticipated return of students via intercity bus, it does not seem
prudent to end the use of Green Street as the intercity bus stop at this time; and
WHEREAS, on November 7, 2018 Common Council set a bus permit fee of $5 per bus
arrival or departure from the intercity bus location from Green Street; and
WHEREAS, the approved fee did not account for the cost of painting improvements or
other costs actually or expected to be incurred by the City; and
WHEREAS, staff continues to look for other suitable interim locations for intercity bus
operations while planning for a long term permanent location for an intercity
transportation depot; now, therefore be it
RESOLVED, That Common Council approves the continued use of the Green Street
stop by Shortline/Coach USA, New York Trailways, and Greyhound indefinitely until an
alternate location or permanent solution can be found with an increase in fee to $15 per
bus arrival or departure (but if the arrival or departure occurs within 30 minutes of the
other, only one $15 per bus fee will be imposed); and, be it further
RESOLVED, That Common Council continues to authorize the Board of Public Works
to modify the above-established established Intercity Bus Permit fee from time to time,
but retains the sole legislative discretion as to issuance of bus permits; and, be it further
RESOLVED, That Common Council instructs city staff to continue to work on the
conditions specified above to minimize disruption to riders and the community and
continue to provide this valuable service to the community; and, be it further
RESOLVED, That the Mayor and Senior Staff report to Common Council within six
months regarding efforts to collaborate with other regional municipal officials to develop
a long-term plan for inter-city services.
Discussion followed with City Attorney Lavine explaining that the term “indefinite” in this
case does not tie Common Council’s hands, they can make programmatic changes at
any time. The legal agreements between the City and the bus companies will be
terminable with 30-day notice. The question being asked tonight is how often Council
wants staff to return for authorization to extend the program.
Alderperson Lewis reported that a lengthy discussion of the term “indefinitely” was held
at the Planning and Economic Development Committee. The Committee decided that
they didn’t want to have to extend the program every six months; however, within the
next six months they would like a report to Common Council detailing the efforts to
collaborate with other regional municipal officials. She noted that some of the
recommended improvements that have not occurred are not under the control of the
city, they are dependent on the New York State Department of Transportation. She
stated that she shares the concern expressed for the clients of the Tompkins County
Mental Health Department and the challenges they face in trying to get support and
care. The increase in fees will assist the City in committing funds for snow and ice
removal, signage improvements, and hiring a consultant to develop design alternatives
for the City’s consideration. She stated that the idea of keeping the intercity buses
downtown has real potential, even though Green Street may not be best site.
Alderperson Kerslick stated that he views Green Street as a temporary solution as the
site is less than ideal. He voiced concern about investing too much money in an interim
solution as it could make it difficult to move to an alternate site in the future.
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Mayor Myrick noted that he invited Tompkins County to own this issue as most bus
services are County based. He stated that they declined the offer but seemed receptive
to the idea of participating in finding a permanent solution as it is a regional bus service.
Alderperson Fleming expressed regret that this issue became the responsibility of city
staff. She stated that she sees Green Street as a very temporary, stop-gap, solution
and continues to hope that some collaboration might identify a better, longer term
solution. She noted that areas such as East Hill Plaza; Northside Plaza; Shops at
Ithaca Mall and other locations should be explored further.
Amending Resolution
By Alderperson Fleming: Seconded by Alderperson Kerslick
RESOLVED, That the word “indefinitely” be removed from the first Resolved clause so
that it reads as follows:
“RESOLVED, That Common Council approves the continued use of the Green Street
stop by Shortline/Coach USA, New York Trailways, and Greyhound until an alternate
location or permanent solution can be found with an increase in fee to $15 per bus
arrival or departure (but if the arrival or departure occurs within 30 minutes of the other,
only one $15 per bus fee will be imposed); and, be it further”
Carried Unanimously
Alderperson Murtagh stated that the primary challenge is the lack of strong alternative
locations. Some of the suggestions made are private property, and others are not
suitable for bus traffic. Staff continues to actively explore alternate sites as Green
Street is considered a temporary location. He stated that he would support expending
money from the collected fees for logistical and safety measures. He further stated that
he would support this Resolution tonight but would be reluctant to continue to support it
in the future if no changes are made.
Alderperson Brock agreed that this is a challenging situation, but it is also an
opportunity to think differently about the City. She referred to single use vehicles and
noted that if you want to reduce traffic, make it easier for people to come to Ithaca
without having to drive. She expressed her hope that a permanent solution could be
found downtown, perhaps with the proposed Seneca Street Garage renovations. She
supported the provision that bus companies provide additional support during peak
travel days but expressed doubt that painted markings would last long on Green Street.
Alderperson Mohlenhoff expressed her growing concern about the amount of staff time
that is being spent on this issue, noting that these people are needed for other projects.
She voiced her support for exploring ways that the City could provide additional support
to the Tompkins County Mental Health staff and clients and suggested that Common
Council review the decision matrix on the other suggested locations.
Further discussion followed regarding the next steps and potential long-term solutions.
Alderperson Nguyen noted that TCAT would like to see more collaboration on the
Green Street passenger hub.
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
10.2 Approval of a Zoning Policy Change to Allow Alterations of Nonconforming
Uses that Do Not Increase Occupancy – Resolution
By Alderperson Murtagh: Seconded by Alderperson Fleming
WHEREAS, nonconforming uses are buildings that contain a use that is not permitted in
the zoning district where the building is located; and
WHEREAS, nonconforming uses are the byproduct of changes to the Zoning Code over
time and are now part of many neighborhoods throughout the city; and
WHEREAS, the City’s Zoning Code requires a property owner to obtain a use variance
in order to extend or enlarge a nonconforming use; and
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WHEREAS, current policy permits a property owner to make alterations within an
individual residential unit that do not increase permitted “grandfathered” occupancy
without obtaining a use variance but requires a use variance to reconfigure the interior
layout of residential buildings (i.e. convert two three-bedroom apartments to three two-
bedroom apartments), even if an increase in occupancy is not permitted; and
WHEREAS, the City wants to encourage property owners to maintain and improve
residential properties and would like to provide a more streamlined process for those
projects that will have positive impacts on the community; now, therefore be it
RESOLVED, That the Common Council hereby approves a revised zoning policy that
allows alterations within a structure containing a nonconforming use to proceed without
a use variance, provided that such alterations would not permit an increase in
occupancy under NYS Residential Code or NYS Building Code; and, be it further
RESOLVED, That any alteration to a structure containing a nonconforming use that
would allow an increase in occupancy or other extension or enlargement of the
nonconforming use shall only be permitted by means of a use variance granted by the
Board of Zoning Appeals.
Alderperson Brock stated that she supports the overall intent of the Resolution which is
to increase and improve the quality of the housing stock in Ithaca. However, she also
voiced her belief in the power of requiring a non-conforming property to conform to
current zoning regulations over time, as zoning regulations are the overall vision and
land use goals for the community. She noted that she would oppose this Resolution to
make a statement about the power and importance of zoning.
Alderperson Kerslick questioned whether this was a routine action of the Board of
Zoning Appeals. Deputy Director of Planning and Development Nicholas responded
that the BZA requires a whole sequence of actions but may be more likely to grant
these types of requests. She noted that building permits are still required and through
that process they verify that occupancies have not changed.
Alderperson Nguyen stated that he agrees with Alderperson Brock that variances
should be minimal. He stated that he would like to see some of the zoning rules
revisited, especially ones regarding grandfathered properties with respect to occupancy
and lot coverage. He noted that he would like to see a city where the zoning reflects the
built environment. Alderperson Murtagh voiced his agreement, noting that the current
zoning does not reflect the built environment and it has created a lot of non-conforming
properties.
Alderperson Brock clarified that this Resolution is only for use variances, not area
variances or other issues.
Alderperson Fleming questioned how many properties this legislation would affect.
Deputy Planning and Development Director Nicholas stated that she would collect that
information and provide it Council as soon as possible.
A vote on the Resolution resulted as follows:
Ayes (9) McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith,
Kerslick, Mohlenhoff, Lewis
Nays (1) Brock
Carried
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10.3 An Ordinance to Establish the Chain Works Planned Unit Development
District
By Alderperson Murtagh: Seconded by Alderperson Fleming
ORDINANCE NO. 2019-____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
the Chain Works Planned Unit Development is hereby established as follows:
Section 1.
Chain Works District
Table of Contents
1. Intent
2. Using this Code
3. Applicability and Administration
A. Applicability
B. Administration
C. Environmental Quality Review
4. Sub Areas and Character Intent
5. Permitted Uses
A. Permitted Uses
B. Additional Requirements for Specified Uses
6. Required Buffer Areas
7. Site
A. Maximum Building Area
B. Building Yard Dimensions
C. Building Projections
8. Parking
9. Buildings
A. Building Height
B. Front Façade Length
10. Signage
11. Performance Standards
A. Intent
B. General Restrictions
C. Noise
D. Vibration
E. Smoke
F. Dust
G. Fire and Safety
H. Glare and Heat
I. Industrial Sewage and Waste
J. Enforcement
K. Penalties for Violation
L. Civil Proceedings
12. Appeals
13. Violations
14. Compliance with City of Ithaca Code
15. Area Rezoned
List of Figures and Tables
Figure 1 – Chain Works District Location Map
Figure 2 – Chain Works District Sub Areas
Section 6. Severability clause.
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.
September 4, 2019
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Section 7. Effective date.
This ordinance shall take effect immediately upon publication as provided in th e City
Charter.
The Chain Works Planned Unit Development Zoning Code for the City of Ithaca and
Schedule A: Design Guidelines can be found in Ordinance Number 2019 -14 on file in
the City Clerk’s Office, and with the electronic version of the City Code on the City’s
website at: www.cityofithaca.org
Discussion followed on the floor regarding the pictures and diagrams that illustrate the
typical height of the buildings and streetscapes that will be allowed in the PUD.
Alderperson Nguyen voiced his agreement with the images portrayed in the document
as they align with his vision of having city streets used safely by everyone.
Alderperson Brock thanked Deputy Director of Planning and Development Nicholas and
the others in the Planning Department for the incredible amount of work they put in to
this project over the past 5 years. She noted that she has had tremendous concerns
through the years about the environmental conditions of the site and the financial
stability of the developer but expressed her thanks to Deputy Director Nicholas for her
professionalism, patience, tenacity, and skill in seeing this project through to fruition.
Alderperson Nguyen asked if affordability and inclusionary zoning were ever discussed
as part of this project. Deputy Director Nicholas stated that inclusionary zoning was
never discussed as part of this project. Jamie Gensel, Fagan Engineers, similarly
responded there was never an agreement that affordable housing would be included in
this project.
Discussion followed on environmental equity issues, affordable housing, and tax
abatements.
A vote on the Ordinance resulted as follows:
Carried Unanimously
Alderperson Murtagh stated that the Planning and Economic Development Committee
continues to have discussions regarding infill and allowing and encouraging accessory
building units. He believes there will be a recap of the recent staff presentations at the
next meeting.
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Nguyen - Creation of Grant-Funded Capital Project #868
Downtown Ithaca Transportation Management Association and Authorization to
Enter into Agreement with the Downtown Ithaca Alliance for Project
Implementation - Resolution
By Alderperson Nguyen: Seconded by Alderperson Murtagh
WHEREAS, at its July 5, 2018 meeting, Common Council unanimously adopted a
resolution stating, “That the City of Ithaca Common Council hereby wholeheartedly
supports and encourages the application for the 2018 New York State Department of
Environmental Conservation Climate Smart Communities Consolidated Funding
Application grant to create an ongoing Transportation Demand Management program
for the greater downtown Ithaca community”; and
WHEREAS, the City of Ithaca, in partnership with the Downtown Ithaca Alliance (DIA),
applied for and was awarded this grant for the purpose of creating a Transportation
Management Association and providing an ongoing downtown area Transportation
Demand Management (TDM) program; and
WHEREAS, the City of Ithaca, as described in the grant application and the previous
Common Council resolution, intends to contract with the Downtown Ithaca Alliance
(DIA) to fulfill the terms of the grant; and
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WHEREAS, the goal of this project is to remove a daily average of 600 parked vehicles
from the urban core, with project activities aiming to shift a portion of trips to modes
other than single occupancy vehicles (SOVs) with their associated downtown parking
demand; and
WHEREAS, the project team will implement the following tasks:
Gathering and analyzing travel patterns of downtown employees and residents,
Producing specific, customized commuter/travel plans for both businesses and
individuals,
Creating and implementing an effective marketing strategy to support downtown
employees and residents in a measurable shift away from SOVs,
Measuring and evaluating the effectiveness of these plans and any associated
marketing in achieving transportation mode change (and thus reductions in
greenhouse gas emissions and parking demand),
Providing for ongoing two way communications with the downtown community
(including employees and residents) to evaluate program effectiveness, identify
potential gaps in transportation services, and gather other relevant feedback, and
Demonstrating the program’s value and effectiveness to both public and private
sector stakeholders and securing ongoing community, political and financial
resources to sustain ongoing activities; and
WHEREAS, this project aligns with a number of overarching goals for transportation in
Plan Ithaca, Ithaca’s comprehensive plan, and will directly implement the following Plan
Ithaca recommendation: “Promote participation in public and private transportation
demand management (TDM) programs. The City should work in partnership with the
private sector to find mutually beneficial solutions to accommodate employee
commuting and other transportation needs, including bicycles”; and
WHEREAS, the City adopted a Green New Deal policy on June 5, 2019, which included
adoption of a goal to achieve a carbon neutral city by 2030, and this project is designed
to reduce carbon emissions in Ithaca related to transportation; and
WHEREAS, the downtown parking garages are at or near capacity, and the business
and economic development communities have expressed concerns about the potential
of parking capacity issues to dampen continued business and investment growth in the
downtown; and
WHEREAS, the downtown parking garages are already subsidized by City taxpayers,
and without limiting the number of single occupancy vehicles attempting to park
Downtown, the City will either run out of parking or will need to build additional
structured parking, increasing the subsidy even further; and
WHEREAS, administration of the five-year contract between the City of Ithaca and New
York State (March 2019 - March 2024) and administration of the subcontract between
the City of Ithaca and the Downtown Ithaca Alliance will be managed by the City’s
Department of Planning, Building, Zoning & Economic Development; and
WHEREAS, all of the match requirements for the grant will be met by the DIA and its
affiliated TDM partners, and no City funding is required as a match for this grant; now,
therefore be it
RESOLVED, That Common Council hereby establishes Capital Project #868
“Downtown Ithaca Transportation Management Association” in the amount of $460,397
for implementation of DEC-CSC contract #C00777 to create a Downtown Ithaca
Transportation Management Association and an ongoing downtown area Transportation
Demand Management Program; and, be it further
RESOLVED, That funds needed for said Capital Project shall be derived entirely from
DEC-CSC grant funding; and, be it further
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RESOLVED, That the Mayor or his designee is authorized to enter into agreement with
the Downtown Ithaca Alliance for implementation of this grant -funded project; and, be it
further
RESOLVED, That any payment to the DIA through this grant-funded project will be
subsequent to the approval and payment of vouchers from the DEC to the City of
Ithaca.
Deputy Director of Economic Development Knipe and Gary Ferguson, Executive
Director of the Downtown Ithaca Alliance joined the discussion to provide an overview of
the project.
Alderperson Mohlenhoff explained that this item resulted in a tie vote at the City
Administration Committee meeting as several Council members voiced a need for
significantly more information on this initiative. Submitting a member-filed item seemed
the most efficient path forward.
Deputy Director of Economic Development Knipe distributed a memo that had been
intended to be included in agenda packet. He explained how this initiative would
address the City’s goal of a reducing greenhouse gas emissions and the PlanIthaca
goal of instituting transportation demand management practices. He further noted that
the City is currently undertaking a parking study which includes a scope to coordinate
with transportation demand management work. The new housing developments
downtown will increase the parking demand on an already stressed system, and this is
a proactive approach to address that issue.
Downtown Ithaca Alliance Executive Director Ferguson explained that the DIA and its
partners would provide the match to the grant over 3 years. He stated that they are
exploring remote parking locations and other transportation opportunities for people who
live and work downtown.
Discussion followed on the floor regarding how this initiative would impact the City in
terms of staff time and other resources and how it would be integrated with the parking
study.
Mr. Ferguson explained that transportation demand management practices net
increased revenues as more money is collected from transient parkers than permit
parkers.
Alderperson McGonigal asked what would happen when the grant funds and
participation incentives are exhausted. Mr. Ferguson responded that a Transportation
Management Association would be tasked with identifying long-term initiatives to
provide incentives to keep the program going. Further discussion was held on the
proposed duties of the positions included in the grant application.
A vote on the Resolution resulted as follows:
Carried Unanimously
MAYOR’S APPOINTMENTS:
Reappointment to Ithaca Housing Authority Board – Resolution
By Alderperson Kerslick: Seconded by Alderperson Nguyen
RESOLVED, That Valerie Wilson be reappointed to the Ithaca Housing Authority Board
with a term to expire October 17, 2024, and, be it further
Appointment to Board of Zoning Appeals – Resolution
RESOLVED, That Stephanie Egan-Engels be appointed to the Board of Zoning Appeals
to fill a vacancy with a term to expire December 31, 2021.
Carried Unanimously
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REPORTS OF COMMON COUNCIL LIAISONS:
Workforce Diversity Advisory Council
Alderperson Brock reported that the City would be conducting an employee
engagement survey initiative in the upcoming month. The last survey of the workforce
was conducted in 1999 and resulted in a lot of organizational change.
Special Joint Committee
The SJC will be working to revise the Disclosure Ordinance to be more in line with the
Right to Farm Ordinance that is in effect in surrounding towns. They will also be
exploring potential educational opportunities in the site plan review process for
developers and prospective tenants regarding the impacts of locating in the vicinity of
the Wastewater Treatment Plant prior to entering into a purchase or lease agreement.
Tompkins County Water Resources Council
The Water Resources Council made a presentation to the Tompkins County Legislature
to request funding for a water resources management position. Cayuga County has
made tremendous strides in water resources management through the use of grants
and Tompkins County would like to see similar efforts; however, they need staff
resources to assist with accessing the available funding through New York State.
Ithaca Urban Renewal Agency
Alderperson Lewis reported there would be clarification on whether a conference center
will be feasible with the Vecino development of the Green Street Garage in January
2020. If there is financial feasibility for the conference center, 218 residential units will
be developed. If there is not financial feasibility for a conference center, the committee
has expressed its interest in Version 2.2 of the plan which includes retail space on first
floor and 273 residential units. This would represent a significant increase in affordable
housing units in the City.
Community Outreach Steering Committee
Alderperson Kerslick reported that an additional person has been hired for the
Community Outreach program. He noted how impressed he was with the program
results to date.
Alderperson Gearhart reported that he is not able to attend the October 2, 2019
Common Council meeting.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the July 3, 2019 Common Council Meeting Minutes –
Resolution
Approval of the minutes of the July 3, 2019 Common Council meeting was deferred until
the October meeting.
18.2 Approval of the August 7, 2019 Common Council Meeting Minutes –
Resolution
By Alderperson Lewis: Seconded by Alderperson Gearhart
RESOLVED, That the minutes of the August 7, 2019 Common Council Meeting be
approved as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 8:30 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor