HomeMy WebLinkAboutMN-CC-2019-10-02COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. October 2, 2019
PRESENT:
Mayor Myrick
Alderpersons (9) Brock, McGonigal, Murtagh, Nguyen, Fleming,
Smith, Kerslick, Lewis, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Chief of Staff – Cogan
EXCUSED:
Alderperson Gearhart
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 changes made to the agenda.
PROCLAMATIONS/AWARDS:
Mayor Myrick proclaimed October 19, 2019 as “Into the Streets Day” and commended
the Cornell University students for their continued acts of community service.
SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing Regarding the Proposed Increased Assessment Roll,
Budget, and Schedule of Work for each Sidewalk Improvement District for Fiscal
Year 2020
Resolution to Open Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson Lewis
RESOLVED, That the Public Hearing Regarding the Proposed Increased Assessment
Roll, Budget, and Schedule of Work for each Sidewalk Improvement District for Fiscal
Year 2020 be opened.
Carried Unanimously
The following people addressed Common Council:
Daniel Hoffman, City of Ithaca, spoke about the need for curb cuts on the south side of
Elm Street at the intersections of Chestnut Street and West Village Place. He noted
that these intersections don’t appear to be in the current plan but should be addressed
to provide safe pedestrian access for the residents of the area.
Fay Gougakis, City of Ithaca, spoke about the use of Lime e-bikes and e-scooters on
sidewalks and the associated impacts of uneven sidewalks and sidewalk obstructi ons.
Joel Harlan, City of Ithaca, spoke about poor sidewalk conditions in the downtown area.
Resolution to Close Public Hearing:
By Alderperson Smith: Seconded by Alderperson Lewis
RESOLVED, That the Public Hearing Regarding the Proposed Increased Assessment
Roll, Budget, and Schedule of Work for each Sidewalk Improvement District for Fiscal
Year 2020 be closed.
Carried Unanimously
Mayor Myrick responded to the comments made regarding the curb cuts on Elm Street
and provided a brief explanation as to why the Sidewalk Improvement District program
was created.
October 2, 2019
2
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Reports of Municipal Officials
Tompkins County Legislator Anna Kelles reported on the following:
- The County’s budget process is underway. She explained the County’s process
and stated that the voting period for over target requests starts October 3, 2019.
- Tompkins County is looking to opt-in to the Residential Capital Investment Tax
Exemption program. She explained how the process works and noted that
combining City and County taxes would create a larger incentive for residents to
apply for a 10-year tax abatement, up to $80,000, on the improvements made to
their property. Discussion followed on whether the Ithaca City School District
would also be interested in opting-in to the program.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Anna Kelles, City of Ithaca, addressed the proposed re-zoning of West MLK Street and
the need for additional housing units in the City.
Fay Gougakis, City of Ithaca, inquired about the cause of the recent Lime Bike fires and
noted that it might not be vandalism as batteries can catch on fire as well.
Joe Wilson, Town of Dryden, discussed the impacts of the Mayor’s Recommended
2020 Budget on the Green New Deal and advocated for a senior level staff position
located within the Mayor’s Office.
Joel Harlan, City of Ithaca, discussed the shooting incident that occurred earlier in the
day near the Green Street parking garage and the history of tragic events that occurred
in the Town and Village of Dryden.
Kirby Edmonds, City of Ithaca, discussed the Green New Deal and advocated for three
new positions in the 2020 budget dedicated to this initiative.
Sara Culotta, City of Ithaca, discussed the need to reinvigorate the Green New Deal
and ensure that the 2020 budget is sufficient to support it.
Eric Doane, President, Ithaca Police Benevolent Association, made a public statement
to the Mayor and City Attorney regarding the April 6, 2019 incident on the Commons
and the City’s subsequent response to it.
Catherine Charnoky, City of Ithaca, discussed the proposed down-zoning of West MLK
Street and the impact it will have on housing, walkability, and the use of vehicles.
Caitlin Parsons Doane, Town of Dryden, addressed Council to discuss the sacrifices
that police officers and their families make every day. She urged the Mayor and
Common Council to support the Ithaca Police Officers and send them hom e safe at the
end of each shift.
Magda Kossowika, Town of Dryden, stated that the 2020 budget should center on the
Green New Deal and advocated for 2-3 new positions located in the Mayor’s office.
Lucas Smith, Cornell University/City and Local Affairs Committee, introduced himself
and voiced his interest in engaging with the City. He stated that the Committee is
working with the Collegetown Neighborhood Council and is also interested in a Tenants
Bill of Rights, the 2020 Census, TCAT initiatives, and putting money back into the
community.
Theresa Alt, City of Ithaca, addressed the work being completed by the Homeless &
Housing Task Force and its relation to the comments made by Legislator Kelles
regarding the proposed re-zoning of West MLK Street.
October 2, 2019
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Mike Moritz, City of Ithaca, discussed the proposed 2020 budget and the need for three
new positions, reporting to the Mayor, and $100,000 to be dedicated to the Green New
Deal. He further urged that W. MLK Street not be down-zoned.
John C. King, Town of Ithaca, addressed the proposed down-zoning of W. MLK Street
and its relation to the climate crisis and the affordable housing crisis, noting that dense,
walkable, cities are the way to cut carbon emissions.
Marissa Reilly, City of Ithaca, discussed the impact that the down-zoning of W. MLK
Street would have on the affordable housing crisis.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick thanked the speakers, noting that it had been a very powerful,
informative, and at times emotional hearing. He provided a brief history about the Lime
Bike bicycle sharing service that is operating in the City and noted that 500 people per
day use the bicycles. He further noted that he would be presenting his recommended
2020 budget at the end of the meeting and has proposed tripling the staff to work on the
Green New Deal along with an additional $100,000 in funding.
Mayor Myrick further thanked Officer Doane, the members of the Police Benevolent
Association (PBA), and Ms. Parsons Doane for their comments, noting that the face-to-
face communication is a positive step and a better approach as Facebook
communications have not been productive. He clarified that he has not called anyone
racist; however, his comments have referred to implicit biases. He acknowledged the
danger and threat of harm that police officers face every day and stressed that it is
unacceptable to attack a police officer, under any circumstance. He stated that the
issue has been adjudicated, and while an internal investigation revealed that no Police
Department rules were broken, it doesn’t mean that everything was handled perfectly.
He expressed his hope that the City could move forward from here and work to
recapture the trust with each other and the community. He noted that resolving these
issues would require the leadership of the PBA to meet with him and members of the
community of color.
Alderperson Smith echoed the Mayor’s comments relating to the powerful statements
made by the public specifically regarding climate change and the Ithaca Green New
Deal. He further thanked Lucas Smith for coming to the meeting and noted that he
would reach out so they could work together.
Alderperson Brock thanked the speakers and the Mayor for their passionate exchange
of thoughts. She stated that she appreciates having staff reach out and engag e in a
dialog with Common Council and thanked the Mayor for moving bringing this
conversation forward. She further responded to comments made about the re-zoning of
W. MLK Street by clarifying that the zoning by right would not be changing. The first
story must be 12 ft and building 6 stories would require a zoning variance.
Alderperson Lewis thanked the Mayor and Alderperson Brock for their comments. She
expressed her support and gratitude to the Ithaca Police Department for their dedicated
service and the risks they take each day. She further expressed her appreciation to the
high school and college students for their engagement and involvement in issues. She
addressed comments made about the proposed sustainability position, noting that
Council is getting their first look at the Mayor’s budget tonight. She spoke highly of the
professionals on city staff and voiced her support for the addition of a full-time
professional position dedicated to sustainability issues.
Alderperson Mohlenhoff responded to comments made by the Ithaca Police Department
PBA and voiced her appreciation to them for opening an honest conversation. She
further acknowledged their strong work ethic and the difficulty of their work in light of
reduced staffing and resources.
Alderperson McGonigal echoed the comments made by Alderperson Mohlenhoff and
voiced his admiration for the officers. He expressed his desire to rebuild morale in the
Police Department and move forward to better days.
October 2, 2019
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Alderperson Kerslick voiced his appreciation for the comments made by Officer Doane
and Caitlin Parsons Doane. He noted that even though there were no findings of wrong
doing by the officers, lessons could still be learned on improving public relations. He
acknowledged the challenges that officers face and voiced his appreciation for their
dedicated service.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Planning, Building & Economic Development – Amendment to Personnel
Roster - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, the City of Ithaca’s Planning Division currently has one full-time Historic
Preservation Planner; and
WHEREAS, in 2018, Common Council approved an increase in hours from 35 to 40 for
the Historic Preservation Planner position beginning January 1, 2019; and
WHEREAS, also at that time, funding was approved for the change from Historic
Preservation Planner to Historic Preservation and Neighborhood Planner; and
WHEREAS, the Historic Preservation Planner is responsible for eight locally designated
historic districts, twenty four locally designated individual landmarks, and the Ithaca
Landmarks Preservation Commission; and
WHEREAS, the incumbent also attends neighborhood meetings, assists with
neighborhood public outreach efforts, researches and drafts sections of comprehensive
neighborhood and thematic plans, and attends neighborhood events; and
WHEREAS, the position of Historic Preservation and Neighborhood Planner better
reflects the actual work being done; and
WHEREAS, funding for this position was approved for 2019 and is expected to be
approved for 2020; now, therefore be it
RESOLVED, That Common Council hereby amends the 2019 authorized roster as
follows:
Add: One (1) Historic Preservation and Neighborhood Planner at 40 hours per week
Delete: One (1) Historic Preservation Planner at 40 hours per week
; and, be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees’ Retirement System, the standard workday for
the title of Historic Preservation and Neighborhood Planner 2 shall be established at
eight (8) hours per day, forty (40) hours per week.
Carried Unanimously
8.2 Youth Bureau – Amendment to Personnel Roster - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, the Youth Bureau recently had a longtime Youth Program Leader retire;
and
WHEREAS, an amendment to the 2019 Youth Bureau roster would enable the
department to find the best staffing pattern that will meet community needs, utilize staff
strengths, help support the vision, mission and goals of the organization, while
operating within budgets; now, therefore be it
RESOLVED, That the Personnel Roster of the Youth Bureau be amended effective
October 1, 2019, as follows:
October 2, 2019
5
Fund: One (1) Youth Program Leader (35 hours)
Increase: One (1) Recreation Program Assistant (40 hours)
Defund: One (1) Youth Program Leader (30 hours)
; and, be it further
RESOLVED, That funds for this roster amendment shall be derived from the existing
Youth Bureau budget.
Carried Unanimously
8.3 Youth Bureau –Amendment to 2019 Budget - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, The summer Sailing Program increased its offerings to young people in the
community and experienced increased registration numbers; and
WHEREAS, the Ithaca Youth Bureau collected an additional $15,452 in fees for the
2019 summer sailing program now; therefore, be it
RESOLVED, That Common Council hereby amends the 2019 Youth Bureau Budget to
account for said increase as follows:
Increase Revenue Account:
A 7310-2001-1569 Sailing Camp $15,452
Increase Expense Account:
A 7310-5435-1569 Contracts $15,452
Carried Unanimously
8.4 Finance – Approval of 2019-2020 Civil Service Agreement with the Ithaca
City School District - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
RESOLVED, That the Mayor and City Controller be authorized and directed to execute
an agreement between the City of Ithaca and the Ithaca City School District for
performance by the City for services in connection with Civil Service matters for the
period July 1, 2019 to June 30, 2020, in an amount of $61,375 payable to the City of
Ithaca on or before December 1, 2019.
Carried Unanimously
8.5 Department of Public Works (DPW) - Amendment to Personnel Roster—
Fleet Manager - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, the current Fleet Manager in the Streets and Facilities Division of the
Department of Public Works is anticipating retirement in the Spring of 2020; and
WHEREAS, the Fleet Manager is a highly specialized, key position in the Department of
Public Works, with significant recordkeeping, procurement, management, and
regulatory duties, such that a new hire would have a difficult time starting the position
without the benefit of training from the existing Fleet Manager; and
WHEREAS, a loss of continuity in the Fleet Manager position would significantly disrupt
operations related to the procurement, services, maintenance, and repair of City
vehicles and construction equipment; and
WHEREAS, the Department of Public Works has funds available in its 2019 budget, and
has requested funds in its 2020 budget, to overlap this position, allowing the new Fleet
Manager to work with the current Fleet Manager for up to 4 months to learn City-specific
aspects of the job; now, therefore be it
October 2, 2019
6
RESOLVED, That the personnel roster of the Department of Public Works be amended
as follows:
Add: One (1) Fleet Manager position;
; and, be it further
RESOLVED, That upon the retirement of the current Fleet Manager, the redundant
position shall be removed from the roster on the date of retirement; and, be it further
RESOLVED, That the redundant Fleet Manager position be funded through transfer of
funds from A5111-5115, which has three funded vacant positions that won’t be filled
until spring 2020.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325
entitled “Zoning”; Section 8 entitled “District Regulations” to Amend all CBD
Zoning Districts
A. Declaration of Lead Agency – Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, State Law and Section 176 -6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law; and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, the proposed action is a Type 1 Action under the City Environmental
Quality Review Ordinance, §176-4 Type 1 Actions, B.7, “The adoption of zoning map
changes and changes in the allowable uses within any zoning district, affecting 2 or
more acres in the district”; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposal to amend the Municipal Code
of the City Of Ithaca, Chapter 325, Entitled “Zoning” to Establish Minimum Story Heights
of 12 Feet Floor to Floor on the First Story and a Minimum 10 Feet Floor to Floor for
Each Subsequent Story in all CBD Zoning Districts; to Establish a Reduction in the
Maximum Allowable Height on the 300, 400, and 500 blocks of West State/MLK Street
in the existing CBD-60 Zoning District to 52 feet; and to Establish Stepback
Requirements for Properties on the, 300, 400, and 500 Blocks of West State/MLK
Street, City of Ithaca, City of Ithaca Tax Parcels 71.-1-10, 71.-1-11, 71.-1-12, 71.-1-13,
71.-1-14, 71.-1-15, 71.-1-16, 71.-1-17, 71.-1-18, 71.-1-19.1, 71.-1-19.2, 71.-1-22, 71.-1-
3, 71.-1-4, 71.-1-5, 71.-1-7, 71.-1-8, 71.-1-9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-
2-19, 71.-2-20, 71.-2-4, 71.-2-5, 71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-
17.2, 71.-5-18, 71.-5-19, 71.-5-2, 71.-5-20, 71.-5-22, 71.-5-23, 71.-5-24, 71.-5-4, 71.-5-
5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11, 71.-6-12, 71.-6-13, 71.-6-14,
71.-6-15, 71.-6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24,
71.-6-25, 71.-6-26, 71.-6-5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-
14, 72.-3-15, 72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20, 72.-
3-23.2, 72.-3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-3-9, 72.-4-10, 72.-4-13,
72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9.
Ayes (7) Brock, McGonigal, Murtagh, Fleming, Kerslick, Mohlenhoff, Lewis
Nays (2) Nguyen, Smith
Carried (7-2)
B. Determination of Environmental Significance – Resolution
By Alderperson Murtagh: Seconded by Alderperson Lewis
WHEREAS, the Common Council of the City of Ithaca is considering an Ordinance to
amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning” to
October 2, 2019
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Establish Minimum Story Heights of 12 Feet Floor to Floor on the First Story and a
Minimum 10 Feet Floor to Floor for Each Subsequent Story in all CBD Zoning Districts;
to Establish a Reduction in the Maximum Allowable Height on the 300, 400, and 500
blocks of West State/MLK Street in the existing CBD-60 Zoning District to 52 feet; and
to Establish Stepback Requirements for Properties on the, 300, 400, and 500 Blocks of
West State/MLK Street, City of Ithaca, City of Ithaca Tax Parcels 71.-1-10, 71.-1-11,
71.-1-12, 71.-1-13, 71.-1-14, 71.-1-15, 71.-1-16, 71.-1-17, 71.-1-18, 71.-1-19.1, 71.-1-
19.2, 71.-1-22, 71.-1-3, 71.-1-4, 71.-1-5, 71.-1-7, 71.-1-8, 71.-1-9, 71.-2-12, 71.-2-14,
71.-2-15, 71.-2-18, 71.-2-19, 71.-2-20, 71.-2-4, 71.-2-5, 71.-5-1, 71.-5-10, 71.-5-11, 71.-
5-12, 71.-5-13, 71.-5-17.2, 71.-5-18, 71.-5-19, 71.-5-2, 71.-5-20, 71.-5-22, 71.-5-23, 71.-
5-24, 71.-5-4, 71.-5-5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11, 71.-6-12,
71.-6-13, 71.-6-14, 71.-6-15, 71.-6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22,
71.-6-23, 71.-6-24, 71.-6-25, 71.-6-26, 71.-6-5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 72.-3-
10, 72.-3-12, 72.-3-14, 72.-3-15, 72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19,
72.-3-2, 72.-3-20, 72.-3-23.2, 72.-3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-
3-9, 72.-4-10, 72.-4-13, 72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9; and
WHEREAS, the proposed action is a Type 1 Action under the City Environmental
Quality Review Ordinance, §176-4 Type 1 Actions, B.7, “The adoption of zoning map
changes and changes in the allowable uses within any zoning district, affecting two (2)
or more acres in the district”; and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Full Environmental Assessment Form (FEAF) Part 1, dated May 22,
2019, and Part 2, dated May 23, 2019; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the FEAF prepared by Planning Staff; now, therefore be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, Part 1, dated May 22, 2019, and Part 2, dated May 23, 2019; and,
be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary; and, be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Ayes (7) Brock, McGonigal, Murtagh, Fleming, Kerslick, Mohlenhoff, Lewis
Nays (2) Nguyen, Smith
Carried (7-2)
C. An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325
entitled “Zoning”; Section 8 entitled “District Regulations” to Amend all CBD
Zoning Districts
By Alderperson Murtagh: Seconded by Alderperson Brock
ORDINANCE NO. 2019-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is hereby amended as
follows:
Section 1. Chapter 325, Section 325-8A, District Regulations Chart, be amended to add
minimum story heights in all CBD Zoning Districts, to read as follows:
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“All new construction in the CBD Zoning Districts are required to have a minimum height
of 12 feet floor to floor on the first story and a minimum 10 feet floor to floor for each
subsequent story.”
Section 2. Chapter 325, Section 325-8A, District Regulations Chart, be amended to
increase the maximum allowable height in the existing CBD-60 Zoning District to 62
feet’, and to increase the maximum allowable height in the CBD-50 Zoning District to 52
feet. This is intended to allow for a 12 feet minimum height of the first story and a 10
feet minimum height of each subsequent story.
Section 3. Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca,
entitled “Zoning Map” is hereby amended to change the zoning designation of the
following parcels, or some portion of these parcels, as shown on the attached map
entitled “Proposed West State Street Rezoning from CBD-60 to CBD-52 – May 23,
2019”, from CBD-60 to CBD-50: 71.-1-10, 71.-1-11, 71.-1-12, 71.-1-13, 71.-1-14, 71.-1-
15, 71.-1-16, 71.-1-17, 71.-1-18, 71.-1-19.1, 71.-1-19.2, 71.-1-22, 71.-1-3, 71.-1-4, 71.-
1-5, 71.-1-7, 71.-1-8, 71.-1-9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-20,
71.-2-4, 71.-2-5, 71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2, 71.-5-18,
71.-5-19, 71.-5-2, 71.-5-20, 71.-5-22, 71.-5-23, 71.-5-24, 71.-5-4, 71.-5-5,
71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11, 71.-6-12, 71.-6-13, 71.-6-14, 71.-6-
15, 71.-6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24, 71.-6-
25, 71.-6-26, 71.-6-5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-14,
72.-3-15, 72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20, 72.-3-
23.2, 72.-3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-3-9, 72.-4-10,72.-4-13,
72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9.
Section 4. The City of Ithaca Planning and Development Board, the City Clerk and the
Planning Department shall amend the zoning map and the district regulations chart in
accordance with the amendments made herewith.
Section 5. Chapter 325, Section 325-8D, Additional Restrictions in the CBD District, is
hereby amended to add a subsection (4) to read as follows:
325-8D.
4. In order to maintain the existing character and to preserve the pedestrian scale along
the street front, all new construction located in the portion of the newly created CBD-52
Zoning District directly fronting on the 300, 400, and 500 blocks of West State/MLK
Street that is over 4 stories in height must contain a stepback of 15 feet after the first 32
feet in height.
Section 6. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 7. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Discussion followed on the floor with Mayor Myrick voicing his belief that more housing
is better for the environment, especially housing in the core of the City.
Alderperson Nguyen responded to comments made regarding the CBD Zoning District
Regulation chart, noting that it appears as if the 12 ft first floor minimum height only
applies to the CBD 50 zone. The CBD 60 and above have different height regulations
listed. Planning and Development Director Cornish clarified that the regulations for
most CBD zones is a 12 ft floor-to-floor first story to allow for active/commercial use and
a 10 ft floor-to-floor height on subsequent floors to accommodate mechanical systems.
Alderperson Murtagh further clarified that under the current zoning regulations, a
variance would be required for 2 ft in order to build a 6-story building.
October 2, 2019
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Alderperson Brock stated that by right, only 5 stories are allowed under the current
zoning. This Ordinance is not a change to that zoning. She further addressed
comments made about increased costs and project affordability for 5-story
developments, noting that this entire area is located within the current CIITAP zone and
projects over 3 stories in height qualify for a tax abatement for up to 10 years. In
addition, this area is also included in an Opportunity Zone pursuant to President
Trump’s 2017 tax change which provides tax incentives for investments in real estate.
The two Opportunity Zones in the City of Ithaca are South Hill and the West End,
including West State/MLK Street. She noted that there are several economic incentives
on local and Federal levels to encourage economic development, and the City is in the
position to set the foundation for the kind of development it would like to see while
acknowledging and protecting the vibrant, dynamic, architecturally historical business
districts and neighborhoods that currently exist.
Alderperson McGonigal encouraged everyone to walk the 3 blocks in question. He
noted that most of the buildings are 1 and 2 story buildings with only a few 3 story
buildings. The businesses are wide-ranging and include a mix of long-standing
businesses and new start-ups, and it is a place where people can earn more than
minimum wage. He stressed that this neighborhood already personifies mixed use. He
voiced his respect for the opinions of the Planning Division and noted that there is
plenty of room for added density and housing in this proposal and may incentivize more
local development.
Alderperson Murtagh stated that he has been conflicted on this issue. He agrees that
there are plenty of opportunities in proposal and noted that a vibrant ecosystem already
exists in this area. He stated that he served on the committee that proposed the up-
zoning of most of downtown and there was serious consideration regarding the impact
those decisions would have on the historic buildings in the area. He questioned
whether zoning was the appropriate tool for this situation or if other tools such as
historic preservation might be a better solution. He stated that Council should not make
it a rule to down zone areas of the City.
Alderperson Kerslick voiced his appreciation for the comments made about density and
the Green New Deal. He stated that buildings are an important part of the community
character and it would be a mistake to damage the thriving business community that
currently exists in the area. He stated that it is appropriate to find the balance between
high density and lower density zoning in this region.
Alderperson Smith noted that there are parts of the West End that need refreshing. He
stated that he would be open to the historic preservation and design guideline
conversations, but he does not believe in down zoning the entire area. He stressed the
need to commit to the density and sustainability goals set by the City and noted that
adding housing/people to the area would protect the viability of the existing businesses.
Mayor Myrick stated that he was uneasy about down zoning the area, noting that he
only heard from 3 business owners and all of them said that they didn’t want the area
down zoned. He agreed that it is not appropriate to have equal density all over the city.
A dense urban core surrounded by residential areas that are protected by tools like
historic preservation is what the City should strive towards.
Alderperson Fleming noted that Dan Hoffman needed to leave the meeting but would
have spoken in favor of the 52 ft building height. She further stated that she has been
influenced by Alderperson McGonigal’s arguments for this change and echoed the
potential cost savings and sustainability of wood construction for a 4-story, or smaller,
development. She agreed that it is a vibrant business area and a walkable
neighborhood noting that there is still a lot of potential for growth within this proposal
and a 52 ft building height.
Alderperson Murtagh requested that a message be sent to Historic Preservation
Planner McCracken that Common Council is interested in pursuing the historic
preservation of certain buildings based on Mary Tomlan’s windshield survey of
historically interesting buildings. Planning and Development Director Cornish stated
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that she could ask for an advisory review by the Ithaca Landmarks Preservation
Commission for any buildings proposed to be demolished and will ensure that new
construction would work within the design guidelines.
Discussion followed on the floor regarding the differences in construction costs for
modest developments (2-4 stories) and larger developments.
Alderperson Brock suggested that there are portions of the Ordinance that there is
support for and suggested that Council focus on those.
Amending Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
RESOLVED, That Section 5 of the Ordinance pertaining to the upper story stepback be
removed.
Discussion followed on the floor regarding sending the legislation back to committee for
further consideration; however, it was determined that Council was prepared to vote on
the legislation with amendments.
A vote on the Amending Resolution resulted as follows:
Ayes (7) McGonigal, Nguyen, Murtagh, Fleming, Smith, Mohlenhoff, Lewis
Nays (2) Brock, Kerslick
Carried (7-2)
Amending Resolution
By Alderperson Nguyen: Seconded by Alderperson Smith
RESOLVED, That Section 3 of the Ordinance pertaining to a change in designation of
certain parcels from CBD-60 to CBD-50 be removed.
Discussion followed on the floor regarding the current zoning regulations. If this
Amendment passes, it would allow a 6-story building to be built in this zoning district at
62 feet.
A vote on the Amending Resolution resulted as follows:
Ayes (3) Nguyen, Smith, Mohlenhoff
Nays (6) Brock, McGonigal, Murtagh, Fleming, Kerslick, Lewis
Failed (3-6)
Further discussion followed on the floor regarding asking the Ithaca Landmarks
Preservation Commission to explore and identify potential properties for historic
designation based on the windshield survey conducted by Mary Tomlan. Planning and
Development Director Cornish agreed to pursue this.
A vote on the Ordinance as Amended resulted as follows:
Ayes (6) Brock, McGonigal, Murtagh, Fleming, Kerslick, Lewis
Nays (3) Nguyen, Smith, Mohlenhoff
Carried (6-3)
Alderperson Murtagh reported that there are two Planned Unit Developments (PUD) on
the agenda for the next Planning & Economic Development Committee meeting. He
noted that he may consider postponing the meeting date as it falls on Yom Kippur.
CITY ADMINISTRATION COMMITTEE:
10.1 Finance Department – Approval of 2018 City of Ithaca Single Audit -
Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Lewis
RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2018
through December 31, 2018, prepared by the accounting firm of Insero & Company
CPAs, LLP, be accepted to comply with all of the City’s applicable Government
October 2, 2019
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Accounting Standards Board (GASB) Statement 34 and other related audit and single -
audit requirements.
Carried Unanimously
10.2 A Local Law to Override the Tax Levy Limit Established in General
Municipal Law
By Alderperson Mohlenhoff: Seconded by Alderperson McGonigal
Local Law No. 2019-
BE IT ENACTED by Common Council of the City of Ithaca as follows:
Section 1. Legislative Intent
It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal
year commencing January 1, 2020, that requires a real property tax levy in excess of
the “tax levy limit” as defined by General Municipal law §3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c,
which expressly authorizes a local government’s governing body to override the
property tax cap for the coming fiscal year by the adoption of a local law approved by a
vote of sixty percent (60%) of said governing body.
Section 3. Tax Levy Limit Override
The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby
authorized to adopt a budget for the fiscal year commencing January 1, 2020, that
requires a real property tax levy in excess of the amount otherwise prescribed in
General Municipal Law §3-c.
Section 4. Severability
If a court of competent jurisdiction determines that any clause, sentence, paragraph,
subdivision, or part of this local law or application thereof to any person, firm or
corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment
shall not affect, impair or invalidate the remainder of this local law, but shall be confined
in its operation to the clause, sentence, paragraph, subdivision, or part of this local law
or in its application to the person, individual, firm or corporation or circumstance, directly
involved in the controversy in which such judgment or order shall be rendered.
Section 5. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State.
A Roll Call Vote on the Local Law resulted as follows:
Alderperson Brock: Aye Alderperson McGonigal: Aye
Alderperson Nguyen: Aye Alderperson Murtagh: Aye
Alderperson Fleming: Aye Alderperson Gearhart: Absent
Alderperson Kerslick: Aye Alderperson Smith: Aye
Alderperson Lewis: Aye Alderperson Mohlenhoff: Aye
Carried Unanimously (9-0)
10.3 Agreement Between Cornell and the City for Construction of Expanded
Thurston Avenue Sewer Main - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Brock
WHEREAS, Cornell University has proposed a development project on its campus,
entitled the North Campus Residential Expansion (hereafter, “NCRE”), that seeks to
construct five new undergraduate student residence halls and related facilities; and
WHEREAS, the NCRE proposal will cause the waste loads passing through the
Thurston Avenue sewer main to exceed the recommended maximum flows for certain
segments of that main; and
October 2, 2019
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WHEREAS, the NCRE therefore cannot be constructed until certain sections of that
main are replaced with larger-capacity pipe (“the Project”); and
WHEREAS, Cornell now seeks permission to contract out—at Cornell’s expense—the
Project, subject to appropriate City oversight; now, therefore be it
RESOLVED, That the Mayor, subject to the advice of the City Attorney, is authorized to
execute a Memorandum of Understanding with Cornell substantially similar to the
Memorandum of Understanding included in the October 2, 2019 agenda.
City Attorney Lavine stated that the Town of Ithaca is exploring the potential for upsizing
portions of this project. The interceptor carries waste loads from the Towns of Ithaca
and Dryden to the Wastewater Treatment Plant. He stated that he is comfortable
making any proposed changes to the MOU under the provisions of this Resolution as
there would be no additional costs to the City for this work.
Alderperson Brock noted that this has been a long and complex negotiated process and
many municipalities are paying attention to this MOU. She thanked City Attorney
Lavine for his hard work on this agreement.
Alderperson Fleming questioned whether it was typical for developers of very large
projects to pay or reimburse the City for the costs of these types of expansions. City
Attorney Lavine responded that City’s site plan review process has an obligation to
prevent a project from being constructed that cannot be supported by existing
infrastructure. The City does not have a legal obligation to upgrade the infrastructure .
This MOU recognizes these facts and has resulted in the City not having to pay for this
upgrade.
A vote on the Resolution resulted as follows:
Carried Unanimously (9-0)
10.4 An Ordinance to Amend Chapter 346 of the City of Ithaca Municipal Code
entitled “Vehicles and Traffic”
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
ORDINANCE NO. 2019-
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 346 of the City of Ithaca Municipal Code, entitled “Vehicles and Traffic” be
amended as follows:
Section 1.
Section 346-26 entitled “Overnight Parking” is hereby amended to read as follows:
§346-26 Overnight parking.
Effective November 1 through April 1 of each year, no vehicle shall be parked between
7 p.m. and 6 a.m. on the odd-numbered side of a City street on even-numbered
calendar days, nor on the even-numbered side of a City street on odd-numbered
calendar days,[ no person shall park a vehicle between 2:00 a.m. and 6:00 a.m. on the
odd-numbered side of all City streets on the odd-numbered days of the calendar month,
and on the even-numbered side of all City streets on the even-numbered days of the
calendar month, ] except for streets or parts thereof described i n Schedule XIX of the
traffic regulations of the Board of Public Works, attached to and made a part of this
chapter. For the purpose of this section, a night shall be deemed even-numbered if that
portion thereof prior to midnight was part of an even-numbered day and odd-numbered
if that portion thereof prior to midnight was part of an odd -numbered day. This section
shall not apply to the streets repealed under §§346-27 and 346-28 below.
Section 2. 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.
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Section 3. Effective date.
This ordinance shall take effect immediately upon publication as provided in the City
Charter.
Chief of Staff Cogan noted that Assistant Superintendent of Streets and Facilities Ray
Benjamin reports that if the odd/even parking regulation started at 8:00, 9:00, or 10:00
pm, it would still give the crews a lot of additional time to clear the streets of snow
overnight.
Discussion followed on the floor regarding the specific dates of Nov. 1 – March 31 and
whether the Ordinance should simply state that the City will activate the odd/even
parking regulations whenever needed.
Alderperson Fleming and Mayor Myrick noted that this Ordinance is a great
improvement to the current legislation, and it will make the Department of Public Works
more effective.
A vote on the Ordinance resulted as follows:
Carried Unanimously (9-0)
City Controller’s Report
City Controller Thayer reported that an electronic copy of the Mayor’s Recommended
2020 Budget would be distributed after the presentation of the budget. Hardcopies
will be made available upon request.
REPORTS OF COMMON COUNCIL LIAISONS:
Tompkins Community Action
Alderperson McGonigal reported that there would be an open house at Tompkins
Community Action on October 18, 2019 at 5:30 PM to showcase the new Amici House
and the Harriet Gianellis Childcare Center.
GIAC
Alderperson Murtagh reported that GIAC is hosting a 200 Club Raffle and Dinner event
on October 12, 2019 at 5:00 PM to raise funds for the renovation of the new gym and
tickets are available through him.
REPORT OF CITY ATTORNEY:
Motion to Enter into Executive Session
By Alderperson Smith: Seconded by Alderperson Kerslick
RESOLVED, That Common Council enter into Executive Session to discuss pending
litigation.
Carried Unanimously (9-0)
RECONVENE:
Common Council reconvened into Regular session with no formal action taken.
MINUTES FROM PREVIOUS MEETINGS:
17.1 Approval of the Minutes of the July 3, 2019 Common Council Meeting and
the September 25, 2019 Special Common Council Meeting – Resolution
By Alderperson Brock: Seconded by Alderperson McGonigal
RESOLVED, That the minutes of the July 3, 2019 Common Council meeting and the
September 25, 2019 Special Common Council meeting be approved as published, and
be it further
RESOLVED, That the minutes of the September 4, 2019 Common Council meeting be
deferred to the November meeting.
Carried Unanimously (9-0)
October 2, 2019
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NEW BUSINESS:
Presentation of the 2020 Mayor's Recommended Budget
Mayor Myrick presented his 2020 Recommended Budget and highlighted the following
information:
The City’s Mission, Vision, and Value Statements
The 2020 Tax Levy will increase by 2.99% but is below the tax cap of 3.40%
The tax rate will increase $0.11 per thousand from $11.60 to $11.71 (second
lowest tax rate since 2003)
The history of tax rates in the City since 2003
The 2019 local tax rate comparison to other municipalities in Tompkins County
The 2018 tax rate comparison for cities in New York State
2020 Budget Highlights
Wages will increase $650,000
Health Insurance will increase $680,000
NYS retirement contributions will increase $355,000
Debt retirement balloon payment of $530,000 is due
Budgeting $650,000 from fund balance
New Staffing:
Tripling spending on sustainability for new staff to guide
implementation of the Ithaca Green New Deal ($138,000 up from
$45,000)
Hiring a Deputy Fire Chief in March
Hiring a half-time Assistant City Attorney in March
Capital Project Highlights
Green New Deal Climate Action Plan ($100,000)
Parking and Transportation Plan
Cass Park Facilities Upgrade Plan
Construction of Effluent Piping for ice jams in Fall Creek and Cascadilla
Creek
Six Mile Creek Trail feasibility study
South Hill Trail connector scoping study
Engineering Office remodel
Parking garage equipment and security cameras
Upgrades to DeWitt Park tree lawn for Farmers Market
Public Safety
Permanent funding for 2 of 4 firefighters funded through a SAFER grant
Funding the same number of police officers
New pumper trucks
New police vehicles
Town pays 31.2% of Fire Department investments
Community Organizations
Community Outreach W orker program: increase contribution to $60,000 to
fund two workers
Community Housing Development Fund: doubled contribution to $200,000
1.5% increases for TCAD, Human Services Coalition, Southside
Community Center and CSI
TCAT funding increased by $18,000 as requested
Other funding:
Tompkins Center for History and Culture: $10,000
Mental Health Court: $25,000
Tompkins County Public Library: $5,000
Hangar Theater: $10,000
Carry forward $100,000 in previous funding for LEAD
October 2, 2019
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Salary increases:
Contractual salary increases for all bargaining units with contracts
Living wage adjustments where applicable
No change to Management, Common Council, or the Mayor’s salaries
General Fund Summary
Change in General Fund Expenditures: $2,900,00
Change in General Fund Revenues: $2,500,000
Property Tax increase of $706,000
Assessments
Taxable Property Breakdown: total taxable assessed value in the City
increased from $2.04 billion to $2.08 billion, an increase of 1.8%
Share of County Taxes
Share of ICSD Taxes
Personnel
Number of employees
Salaries
Pension costs
Health Insurance costs
Debt service
New York State Aid
Sales Tax Revenues
Property Tax Levy
Expenditures by Fund
Department Funds
2020 Sidewalk Fund
2020 Stormwater Fund
2020 Water Fund
2020 Sewer Fund
2020 Solid Waste Fund
Other Fees
Sidewalk Fees - no change for 2020
Water Rates – increase $7.88 to $8.67 per 100 cubic feet
Sewer Rates – no change for 2020
Trash Tag Fees – no change for 2020
Yard Waste Fees – no change for 2020
Budget Summary
ADJOURNMENT:
On a motion the meeting adjourned at 9:30 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor