Loading...
HomeMy WebLinkAboutMN-CC-2019-11-06COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. November 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 Deputy GIAC Director – Phillips Deputy GIAC Director - Brooks 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: Presentation of the Quarterly Employee Recognition Award: Mayor Myrick presented the Quarterly Employee Recognition Award to Officer Makela Conrad for her excellent work during the National Night Out event. She worked tirelessly throughout the day to ensure that everything was setup to perfection and the event would run smoothly. Officer Conrad's dedication to the entire event ensured its success. Officer Conrad was nominated by Sgt. Necheporek and Police Chief Nayor. SPECIAL ORDER OF BUSINESS: A Public Hearing on the Mayor’s Proposed 2020 Budget Resolution to Open Public Hearing By Alderperson Lewis: Seconded by Alderperson Kerslick RESOLVED, That the Public Hearing on the Mayor’s Proposed 2020 Budget be declared open. Carried Unanimously The following people addressed Common Council: Brian Quadrozzi, Ithaca Fire Department, thanked Common Council and the Mayor for the reinstatement of 2 Fire Fighters related to the SAFER grant for half of the year. Kathy Malcomson, Village of Trumansburg, Mothers Out Front, voiced her support for the funding and staff additions to support the Green New Deal. Joe Wilson, Town of Dryden, asked the Mayor and Common Council to reconsider adding a second staff position for six months to work on the Green New Deal initiative. He further congratulated the Mayor and members of Council who were recently re- elected and thanked the Council members who engaged with him to discuss climate change issues. Ruth Yarrow, City of Ithaca, voiced her support for additional funding for staff positions to work on the Green New Deal initiative. Ellie Pfeffer, North Campus, congratulated the recently elected members of Council and the Mayor and voiced her support for the Green New Deal and additional staff positions to work on it. Rebecca Evans, City of Ithaca, thanked the Mayor and Council members for their leadership and encouraged them to support Alderperson Nguyen’s proposal regarding November 6, 2019 2 staffing for positions to work on the Green New Deal. She further requested that Council share budget projections for the next 2-5 years. Brian Kardon, Town of Ithaca, thanked Common Council for the ir vote on the Green New Deal and urged their continued support and appropriate funding to implement it. Elan Shapiro, Town of Ithaca, voiced his support for the Green New Deal as it will address issues of racism, classism, and social injustice. Jonathan Comstock, Town of Caroline, voiced his support for Solar Tompkins and renewable carbon-free heating sources. He further urged support for additional staff positions to implement the Green New Deal as a matter of economic justice. Mary Alyce Kobler, Brooktondale, voiced her support of the Green New Deal and the addition of staff positions to implement it. She further spoke about the implementation of a natural gas moratorium. Elmer Ewing, Town of Ithaca, echoed comments made regarding support for the Green New Deal and funding for additional staff positions. Susan Kelley, Town of Hector, stated that Ithaca could be a leader in the Nation. She voiced her support for the Green New Deal and urged Council to dedicate more funding for this initiative. Resolution to Close Public Hearing: By Alderperson Kerslick: Seconded by Alderperson Lewis RESOLVED, That the Public Hearing on the Mayor’s Proposed 2020 Budget be declared closed. Carried Unanimously SPECIAL PRESENTATIONS BEFORE COUNCIL: Reports of Municipal Officials Tompkins County Legislator Henry Granison reported on the following:  The County will be holding a public hearing on November 7, 2019 regarding requiring all retailers to charge $.05 fee for the use of carry-out brown paper bags after March 1, 2020.  The County will be re-evaluating the merger between the Tompkins County Health Department and the Department of Mental Health.  The Tompkins County Airport expansion project is scheduled for completion in late November/early December.  The County will hold a public hearing on a proposed Charter change regarding the Office of Human Rights and the Human Rights Commission.  The County will also be holding a public hearing regarding opting-in to the Residential Capital Investment Tax Exemption program.  The County will vote on the 2020 Budget on November 7, 2019. Town of Ithaca Supervisor Bill Goodman reported on the following:  The Town’s 2020 Budget was adopted on October 19, 2019. During deliberations the Town discussed what a Green New Deal would look like for the Town and set aside $20,000 for projects and consultants. In addition, the Town looks forward to continued work with the City through the shared Sustainability Coordinator position and urges the County to become involved in these discussions as well.  The Gateway Trail construction plans are at the NYS Department of Transportation for final approval. Construction is expected to take place in 2020.  The sidewalk on Route 96B to Ithaca College is in the design stage and construction is expected in 2020.  A feasibility study is concluding for the construction of sidewalks on Route 96 from the City line to the Cayuga Medical Center.  The Town is working with Tompkins County and the Towns of Danby, Dryden, and Caroline to extend the South Hill Recreation Trail. November 6, 2019 3  The Town is proposing the adoption of form-based zoning regulations for the following areas: East Hill Plaza, Route 96B and King Road on South Hill, and the Linderman Creek apartments north to the hospital. South Hill may be the first area planned.  The Town is drafting a law to regulate short-term rentals in residential zones as an allowed business use. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Joel Harlan, City of Ithaca, voiced concerns regarding uneven sidewalks in the downtown area, and service and care issues at Beechtree Nursing Home. Seth Sickroff, City of Ithaca, urged Council to amend the Commons legislation to allow dogs on the Commons. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick explained his proposal to increase the budget to fund a second position for six months to work on the Green New Deal. He stated that the funding would be derived from the Fund Balance and would be placed into the Restricted Contingency Fund which would require an action of Common Council to make the funds available. Alderperson Gearhart reminded Council that a draft report on the issue of whether dogs should be allowed on the Commons will be presented to the City Administration Committee for consideration soon from the Public Safety & Information Commission. Alderperson Lewis thanked the speakers for adding to the conversation regarding the Green New Deal funding. She noted that the City is investing $238,000 in the 2020 budget, which is a significant increase from the $17,000 invested in 2017. She stated that the proposal to add another full-time position effective July 1st is not finalized yet as a lot of work needs to be completed before the City would be ready for the second position. She explained that the City would need to hire a full-time staff person and a consultant first and if a second position is needed in 2020, the funding could be derived from the restricted contingency fund. She acknowledged the statements that have been made about the climate crisis but commented that there are a lot of other needs in the City as well. Alderperson McGonigal stated that the original New Deal was a Federal program and the Green New Deal also deserves nation-wide support. He stated that the City can’t implement this program by itself. The future of our children depends on a number of programs, not just the Green New Deal. This program will require State and Federal financial support to be successful. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Department of Public Works (DPW) - Amendment to Personnel Roster - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Executive Assistant for the Superintendent of Public Works and Engineering Division has requested a reduction in working hours from 40 hours to 30 hours per week for personal reasons; and WHEREAS, the Department of Public Works is able to accommodate this request; now, therefore be it RESOLVED, That the workweek of the Executive Assistant position be and hereby is reduced from forty (40) hours/week to thirty (30) hours/week pursuant to the employee’s request; and, be it further RESOLVED, That for the sole purpose of determining days worked repo rtable to the New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at six (6) hours per day (thirty (30) hours per week). November 6, 2019 4 Carried Unanimously CITY ADMINISTRATION COMMITTEE: 9.1 Adoption of 2020 Budget - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 2020 at its November 6, 2019 meeting as approved by the Committee of the Whole; and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Executive Budget for 2020, and as those amounts may be altered by action of this Common Council at its November 6, 2019 meeting, are adequate for the operation of the City during 2020; now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 2020, together with any additional changes made in said budget at Council's November 6, 2019 meeting as the City of Ithaca Budget for 2020, in the total amount of $80,362,900; and, be it further RESOLVED, That the following sections of the 2020 Budget be approved: A) General Fund Appropriations B) Water Fund Appropriations C) Sewer Fund Appropriations D) Solid Waste Fund Appropriations E) Sidewalk Special District Fund Appropriations F) Stormwater Drainage Special District Fund Appropriations G) General Fund Revenues H) Water Fund Revenues I) Sewer Fund Revenues J) Solid Waste Fund Revenues K) Sidewalk Special District Fund Revenue L) Stormwater Drainage Special District Fund Revenue M) Debt Retirement Schedule N) Capital Projects O) Schedule of Salaries and Positions - General Fund P) Schedule of Salaries and Positions - Water & Sewer Fund Q) Schedule of Salaries and Positions - Sidewalk Special District Fund R) Schedule of Salaries and Positions - Solid Waste Fund S) Schedule of Salaries and Positions – Stormwater Drainage Special District Fund T) Authorized Equipment - General Fund U) Authorized Equipment - Water Fund V) Authorized Equipment - Sewer Fund W) Authorized Equipment - Solid Waste Fund X) Authorized Equipment - Sidewalk Special District Fund Balance Y) Authorized Equipment - Stormwater Drainage Special District Fund Amending Resolution: By Alderperson Smith: Seconded by Alderperson Lewis RESOLVED, That $34,678 be allocated from the Fund Balance into Restricted Contingency for the purpose of supporting the Green New Deal initiative. Alderperson Fleming voiced her concern that Common Council was not willing to reduce the fund balance for other very worthy requests during the extensive budget deliberations and questioned why this request would be considered in front of the others. She further voiced concerns about increasing costs of staffing, noting that as more money is spent on staff, less is available for the implementation of the plan. She noted that a majority of people that have commented on the need for additional staff for the Green New Deal live outside of the City. She suggested that the City partner with November 6, 2019 5 surrounding municipalities to assist them in developing their own Green New Deal plans and advocated for making use of the expertise already available within the community. She urged caution about dipping in to the fund balance. Alderperson Kerslick thanked the speakers for coming out and expressing their appreciation for the challenges that Council faces when balancing all of the needs of the City. He noted that he is not supportive of starting a position mid-year, instead he would like a set of recommendations from the new coordinator on a plan moving forward. He stressed the importance of making sure that City staff is part of the Green New Deal implementation. He stated that he would like the flexibility of being able to use this money for other implementation costs as well. He further commented that 2021 will be a difficult budget already due to the funding of new positions that have been pushed to June/July of 2020. Alderperson Murtagh noted that a lot of people commented on the proposed budget this year and the two areas of focus were sustainability and the Ithaca Fire Department. He noted that these are areas that share costs with the Town of Ithaca and stressed the importance of looking for partner municipalities, including the Towns, County, State, and the Federal government for assistance on climate change issues. He stated that the only way things will change will be by working together as a community and as a society. He voiced his support for this amendment as the funds would be placed in restricted contingency. Alderperson Gearhart expressed his thanks to the speakers, noting that it is important for Council to hear their comments. He stated that he would support this resolution as Council approved the Green New Deal earlier in the year because they felt a sense of urgency to address climate change. The current proposal gives Council flexibility in how the money will be used and won’t result in spending without a plan. Alderperson McGonigal stated that the City Controller has put the City in a better financial position over the past few years and has advised not to use funding from the fund balance. He noted that he would be heeding that advice. He believes that City staff and the new Coordinator need to study where the City should go from here. Alderperson Mohlenhoff stated that everyone agrees that climate change is an emergency and Council intentionally adopted ambitious goals to create change. She noted that Council would like to invest more but needs to balance this initiative with the other needs of the City. She reminded Council that the City has applied for a Climate Smart Communities grant ($85,000 to support staffing and $15,000 to support a consultant) and another grant application has been submitted for developing policies to support the reduction of greenhouse gas emissions from existing buildings ($52,000 for new staffing and $70,000 to support consultants). She voiced her reluctance to use funds from the Fund Balance but stated that she would support the transfer of funds into the Restricted Contingency fund. She further voiced her support for the use of existing resources at Cornell University, local experts, and other community organizations with expertise in this area. Alderperson Lewis stated that this proposal would allow the funds to be used in other ways to support and/or supplement staffing. She stated that she wants to be very intentional about staffing as it is important to get this right. Alderperson Brock noted that she received a lot of emails through this process. She recognized that this is a global, continental, national, state, regional, and a community issue and noted that sometimes it feels like the City gets the focus of the entire county. She stated that this needs to be done on a broader basis than just the city itself , and that all city departments need to do their part to ensure the success of the implementation of this program. She acknowledged the existing resources within the County and addressed the amount of money that is being used from the Fund Balance to balance the budget. She stated that her focus is on meeting the needs of the community and voiced her appreciation for the flexibility that this strategy would allow. She stated that she would expect a very detailed plan and a clear explanation about how the City is using existing resources before being asked to appropriate these funds. November 6, 2019 6 Mayor Myrick responded to statements made earlier in the meeting about how the City has created a larger carbon footprint than our neighboring communities noting that it is not true. A vote on the Amending Resolution resulted as follows: Ayes (7) Nguyen, Murtagh, Gearhart, Smith, Kerslick, Mohlenhoff, Lewis Nays (3) Brock, McGonigal, Fleming Carried Upon the approval of this Amendment, the first Resolved clause reads as follows: “RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 2020, together with any additional changes made in said budget at Council's November 6, 2019 meeting as the City of Ithaca Budget for 2020, in the total amount of $80,397,578; and, be it further” Further discussion followed on the floor regarding the requested Police Vehicle which will be funded with seizure funds. Am ending Resolution By Alderperson McGonigal: Seconded by RESOLVED, That the Ithaca Police Department budget be amended by reducing the officer recruitment public relations funding by half. Motion Failed for lack of a Second City Controller Thayer confirmed that this budget is $13,000 under the NYS property tax cap. Main Motion as Amended: A roll call vote on the Budget as Amended resulted as follows: Alderperson Brock: Aye Alderperson McGonigal: Aye Alderperson Nguyen: Aye Alderperson Murtagh: Aye Alderperson Fleming: Aye Alderperson Gearhart: Aye Alderperson Kerslick: Aye Alderperson Smith: Aye Alderperson Lewis: Aye Alderperson Mohlenhoff: Aye Carried Unanimously Mayor Myrick thanked City Controller Thayer and his staff, Chief of Staff Cogan and Alderperson Mohlenhoff for the time, leadership, and hard work they put into this budget document and process. 9.2 Adoption of 2020 Tax Rate - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the 2020 City of Ithaca Budget was approved, adopted, and confirmed in the total amount of $80,397,578 on November 6, 2019 in accordance with a detailed Budget on file in the Office of the City Controller; and WHEREAS, available and estimated revenues total $55,953,978 leaving $24,443,600 as the amount to be raised by taxation; and WHEREAS, the Assessment Roll for 2020 certified and filed by the Assessment Department of Tompkins County, has been footed and approved and shows the total net taxable valuation as $2,076,771,484; and WHEREAS, under Charter provisions, the tax limit for City purposes amounts to $38,156,709 for 2020; now, therefore be it RESOLVED, That the tax rate for general purposes, for the fiscal year 2020, be, and the same hereby is, established and fixed at $11.77 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 2020 Tax Roll, thereby making a total tax levy, as near as may be, of $24,443,600, and be it further November 6, 2019 7 RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties as shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of $11.77 per $1,000 of such taxable valuation, and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the completion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said Tax Roll with the City Chamberlain, and be it further RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto, and be it further RESOLVED, That the total sum of $80,397,578 be appropriated in accordance with the adopted Budget to the respective Boards, Offices, and Departments of the City, for the purposes respectively set forth therein. The 2020 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Total Value of Real Property $4,722,093,829 Less: Value of Exempt Property $2,681,223,800 $2,040,870,029 Plus: Value of Special Franchises $35,901,455 Net Value of Taxable Property $2,076,771,484 Alderperson Mohlenhoff expressed her thanks to the Department Heads, the City Controller and his staff, and the Chief of Staff noting that she appreciates the collaboration and innovative ideas that will move the City forward. A vote on the Resolution resulted as follows: Carried Unanimously (11-0) Mayor Myrick voting Aye 9.3 Adoption of 2020 Ithaca Area Wastewater Treatment Plant Budget - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Brock WHEREAS, this Common Council is now considering adoption of the Amended Joint Activity Fund Budget for 2020 as approved by the Committee of the Whole; and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for 2020 and as those amounts may be altered by action of the Common Council at its November 6, 2019 meeting, are adequate for the operation of the Ithaca Area Wastewater Treatment Plant during 2020; now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Joint Activity Fund Budget for 2020, together with any additional changes made in said budget at Council’s November 6, 2019 meeting, as the Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget for 2020, in the total amount of $4,901,861; and, be it further RESOLVED, That the following sections of the 2020 Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget be approved: A) Joint Activity Fund Appropriations B) Joint Activity Fund Revenues November 6, 2019 8 C) Schedule of Salaries and Positions – Joint Activity Fund D) Authorized Equipment – Joint Activity Fund Carried Unanimously 9.4 A Local Law Entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2020” By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from said construction and repair; and WHEREAS, the Board of Public Works has recommended a budget, schedule of work, and schedule of assessments for Fiscal Year 2020, subject to review, amendment, and confirmation by the Common Council; and WHEREAS, Section C-73 provides that Council shall amend as appropriate and confirm the SID assessments, budget, and schedule of work after a public hearing; and WHEREAS, the appropriate public hearing has been held, and Council has given due consideration to the comments made, if any, Local Law No. 2019- NOW, THEREFORE BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. The Common Council has reviewed the assessments, budget, and schedule of work recommended by the Board of Public Works for Fiscal Year 2020, and makes the following findings of fact: A. The public hearing prior to confirmation required by Section C -73 has been held, and all owners of property subject to a SID assessment appearing to speak before Council have had an opportunity to do so. B. The attached schedule of work, as recommended by BPW and previously subject to review by Council, constitutes a set of local improvements, the cost of which should be assessed against the properties located in the SID in which the work is to be performed. C. The attached budget, and the related assessments reflected on the assessment roll kept on file with the City Clerk, are necessary to defray the cost of construction and maintenance of sidewalk in the City, and Council has made a legislative judgment that each property in each SID is being assessed in proportion to the benefit received by that property from the sidewalk construction and repair contained in the schedule of work. Section 2. Confirmation of the Assessments, Schedule of Work, and Budget. The Common Council approves and confirms the assessment roll, a copy of which is maintained in the City Clerk’s office, and the budget and schedule of work attached hereto, and imposes a lien upon each property so assessed as set forth in the assessment roll. In the event there are additional funds available following completion of the schedule of work, or changes to the work plan are required for financial, engineering, or other reasons, the Superintendent of Public Works or his or her designee may alter the schedule of work in his or her discretion, as instructed by the Board of Public Works from time to time; provided, however, that if such actions affect ten percent or more of November 6, 2019 9 any Sidewalk Improvement District’s annual levy, such actions must be approved by resolution of the Board of Public Works. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective immediately after filing in the office of the Secretary of State. A Vote on the Local Law resulted as follows: Alderperson Brock - Aye Alderperson McGonigal - Aye Alderperson Nguyen - Aye Alderperson Murtagh – Aye Alderperson Gearhart - Aye Alderperson Fleming – Aye Alderperson Smith - Aye Alderperson Kerslick – Aye Alderperson Mohlenhoff – Aye Alderperson Lewis – Aye Carried Unanimously City Controller’s Report City Controller Thayer thanked the Mayor, Chief of Staff, and Common Council for the hard choices they had to make, and the amount of work that they all put in towards this budget. He further thanked the Department Heads and City staff who make these proposals work. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Establish the Ithaca Neighborhood Housing Services Former Immaculate Conception School Planned Unit Development District By Alderperson Murtagh: Seconded by Alderperson Smith ORDINANCE NO. 2019-___ BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325-13 of the City Code be amended as follows: WHEREAS, on April 4, 2018, the Common Council adopted legislation creating a Planned Unit Development Overlay District (PUDOD); and WHEREAS, on March 14, 2019, the City of Ithaca received the enclosed application from Ithaca Neighborhood Housing Services, for a Planned Unit Development (PUD) project to be located at 320-324 & 330 W. Buffalo St, and 309 N. Plain Street; and WHEREAS, the applicant is proposing to redevelop the former Immaculate Conception School into a vibrant mixed-use community, specifically designed to address high- priority local needs. The over-arching goal of this project is to provide both rental and for-sale housing that is affordable at a range of household incomes (from less than 30% AMI up to 100% AMI for the rental units and 80% AMI or below for the for -sale units) and that is suitable for a range of household sizes (from single people to large families); and WHEREAS, the project will also provide space for non-profit organizations and will transfer the existing gymnasium to the Greater Ithaca Activities Center (GIAC); and WHEREAS, the project includes the following elements:  Retention of the 1948 wing of the existing school building  Demolition and replacement of the c. 1920’s wing of the school with a new four-story wing  Connecting to the 1948 wing to form an “L” November 6, 2019 10  Construction of an as-yet undetermined number of rental row houses facing W. Buffalo Street between Catholic Charities and N. Plain Street  Demolition of the existing building at 309 N. Plain Street and construction in that location of a group of rental row houses  Construction of a group of four for-sale row houses facing N. Plain Street at W. Court Street  Retention and conversion of the two houses at 330 West Buffalo Street into one or more rental units, or demolition to allow the construction of an additional group of row houses facing W. Buffalo St. ; and WHEREAS, the project is intended to provide the following benefits to the community:  Retention and rehabilitation of the Catholic Charities Building for their continued use  Detachment of the gymnasium wing and sale to the City for GIAC’s use  Adaptive re-use of a portion of the existing school building for non-profit service organizations.  Creating much needed rental and for sale affordable housing units. WHEREAS, a public information session, hosted by the applicant, was held on May 13, 2019 and the meeting was advertised in the Ithaca Journal, the property was posted with signs and property owners within 500 feet of the property were notified by mail of the meeting; now, therefore BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the City of Ithaca Establish the Former Immaculate Conception School Planned Unit Development District as follows: Section 1. Ithaca Neighborhood Housing Services Former Immaculate Conception School Planned Unit Development District is hereby established as follows: Ithaca Neighborhood Housing Services Former Immaculate Conception School Planned Unit Development District (FICS-PUD) Table of Contents A. Legislative Intent B. Sub Areas C. Permitted Uses 1. Primary 2. Accessory D. Parking/Loading Requirements E. Area Requirements 1. Minimum Lot Size (SF) 2. Minimum Width in Feet at Street Line 3. Maximum Building Height 4. Maximum Percentage of Lot Coverage by Buildings 5. Yard Dimensions. a. Required Minimum Front Yard b. Required Minimum Side Yard c. Required Minimum Other Side Yard d. Required Minimum Rear Yard. e. Minimum Building Height. November 6, 2019 11 Ithaca Neighborhood Housing Services Former Immaculate Conception Planned Unit Development District Part 1 Zoning Code A. Legislative Intent 1. On March 14, 2019, the City of Ithaca received the enclosed application from Ithaca Neighborhood Housing Services, for a Planned Unit Development (PUD) project to be located at 320-324 & 330 W. Buffalo St, and 309 N. Plain Street. The applicant is proposing to redevelop the former Immaculate Conception School into a vibrant mixed-use community, specifically designed to address high-priority local needs. The over-arching goal of this project is to provide both rental and for-sale housing that is affordable at a range of household incomes (from less than 30% AMI up to 100% AMI for the rental units and 80% AMI or below for the for-sale units) and that is suitable for a range of household sizes (from single people to large families). The completed project is intended to provide the following benefits to the community: a. Retention and rehabilitation of the Catholic Charities Building for their continued use. b. Detachment of the gymnasium wing and sale to the City for GIAC’s use. c. Adaptive re-use of a portion of the existing school building for non- profit service organizations. d. Creating much needed rental and for sale affordable housing units. B. SUB Areas. The FICS-PUD shall consist of 3 PUD-Sub Areas 1. FICS-1- This sub area contains the community gymnasium. 2. FICS-2-This sub-area will allow for residential and some commercial uses and will contain buildings with a maximum height of 35’. 3. FICS-3-This sub area will contain the 4 story residential structure and the refurbished school building, which will contain space for non -profit offices. November 6, 2019 12 C. Permitted Uses. 1. Primary Uses a. FICS-1 1) Public recreation. 2) Public and semi-public institution whose purpose is education except that, within 200 feet of a residential district, any use other than classrooms or living accommodations which conform to the regulations of the adjacent residential district is permitted only by special permit of the Board of Appeals (see § 325-9). 3) All municipal public buildings, facilities and functions. b. FICS-2 1) One-family detached dwelling occupied by: (a) An individual or family or functional family (see Ord. 97-1)(see definition, § 325-3) plus not more than one unrelated occupant. (see Gen. Note 6) (b) If dwelling is owner occupied, an individual or family plus not more than two unrelated occupants. (c) Two-family dwellings, each unit of which may be occupied by an individual or family plus not more than two unrelated occupants per unit 2) Two-family dwellings, each unit of which may be occupied by an individual or family plus not more than two unrelated occupants per unit 3) Church and related buildings 4) Public park or playground 5) Townhouse or garden apartment housing. 6) Row House (See § 325-45.2B13) 7) Business or Professional Office a. FICS-3 1) One-family detached dwelling occupied by: (a) An individual or family or functional family (see Ord. 97-1) (see definition, § 325-3) plus not more than one unrelated occupant. (see Gen. Note 6) (b) If dwelling is owner occupied, an individual or family plus not more than two unrelated occupants. 2) Two-family dwellings, each unit of which may be occupied by an individual or family plus not more than two unrelated occupants per unit 3) Church and related buildings 4) Public park or playground 5) Dwelling, Multiple or Multiple Residence (See §325-3) 6) Business or Professional Office 2. Accessory Uses a. FICS-1 1) Accessory uses and service buildings for permitted uses, upon issuance of a special permit as set forth in §325-9 b. FICS-2 and FICS-3 1) Required off-street parking. 2) Private garage for not more than 3 cars. 3) Structures for const. purposes, not to remain over two years. 4) Sign in connection with permitted use (see Chapter 272-Sign Ordinance) By Special Permit: 5) Towers or structures for receipt or transmission of electronic signals for commercial purposes or for generation of electricity to be used on the premises where generated in any district (see § 325-9). Except for personal wireless services facilities. 6) An Accessory Apartment (see § 325-10) 7) Home Occupations: See §325-9C{i} November 6, 2019 13 B. Parking/Loading Requirements 1. Parking Requirement-None 2. Off Street Loading Requirement-None Area Requirements 1. Minimum Lot Size (SF) a. FICS-1: 3000SF b. FICS-2 and FICS-3: None 2. Minimum Width in Feet at Street Line a. FICS-1: 30’ b. FICS-2: 14’ c. FICS-3: 80’ 3. Maximum Building Height a. FICS-1: None b. FICS-2: 3 Stories or 35’ c. FICS-3: 4 Stories or 48’ 4. Maximum Percentage of Lot Coverage by Buildings a. FICS-1: 90% b. FICS-2: 50% c. FICS-3: 50% 5. Yard Dimensions. Required Minimum Front Yard a. FICS-1: 7’ b. FICS-2 and FICS-3: 15', porches, stoops, canopies allowed up to 5' from property line, 6. Required Minimum Side Yard: a. FICS-1: 9’ b. FICS-2 and FICS-3: 0’ between units, 10' to public right of way or 20' to adjacent building. 7. Required Minimum Other Side Yard: a. FICS-1: 9’ b. FICS-2 and FICS-3: 0’ between units, 5' to public right of way or 15' to adjacent building. 8. Required Minimum Rear Yard: a. FICS-1: 5’ b. FICS-2 and FICS-3: 10’ 9. Minimum Building Height: None Section 2. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the district regulations chart in accordance with the amendments made herewith. Section 3. 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 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Alderperson Lewis commended Ithaca Neighborhood Housing Services (INHS) for how they addressed this project, noting that the community input process was great and could be used as a model for the City. Alderperson Murtagh noted how proud he was that the neighborhood embraced this project and participated in the development of the plan. He expressed his thanks to INHS for all of their efforts. Alderperson McGonigal questioned the removal of the playground from the plan. Senior Real Estate Developer Lynn Truame responded that enough space couldn’t be found for the playground during the site plan process due to the requirement to provide emergency service access. She highlighted the proximity of the Beverly J. Martin Elementary School playground which could supplement the need for a playground. November 6, 2019 14 Alderperson Kerslick applauded the adaptive reuse of the property and asked questions about the adjustment to the maximum height of the building and the environmental impact statement which includes the construction phase of the work. A vote on the Ordinance resulted as follows: Carried Unanimously 10.2 Permit Pursuant to Section 346-31 of the City Code Authorizing Field Trips 101, Inc. to Use East Green Street as an Intercity Bus Pickup and Drop-Off Area - Resolution By Alderperson Murtagh: Seconded by Alderperson Nguyen WHEREAS, Section 346-31 of the City Code provides that “Unless otherwise provided to the contrary, no bus or common carrier, whether for hire or not, shall be operated upon, stop on or stand on any City street in the corporate limits of the City of Ithaca, nor shall such bus or common carrier pick up or discharge passengers on any such City street or curb, or any other public property, or at or within 200 feet of any City bus stop in said corporate limits of the City of Ithaca, unless a permit is obtained therefor from the Common Council of the City of Ithaca, or its designee, the issuance of which permit shall be at the sole discretion of the Common Council of the City of Ithaca”; and WHEREAS, Mike Fitzgerald, on behalf of Field Trips 101, Inc., submitted an application seeking a permit to operate a daily charter bus providing transportation between Ithaca and New York City; and WHEREAS, City staff have reviewed the application and support granting the permit as it provides for a fixed schedule that does not require adjustments to other intercity bus schedules using the Green Street location; and WHEREAS, on September 4, 2019 Common Council set a fee of $15 per arrival or departure from East Green Street for occupancy of the right-of-way for the purposes of operating an intercity bus; now, therefore be it RESOLVED, That the Common Council hereby authorizes issuance of a permit to Field Trips 101, Inc. with the following conditions: 1. Field Trips 101, Inc. must execute a bus permit agreement on the same permit terms and conditions as other permittees currently operating from East Green Street, and containing the City’s usual revocation and indemnification terms and conditions; 2. The exact route, locations where passengers may be dropped off and picked up, and times of operation shall be subject to approval by the Superintendent of Public Works or his designee; 3. Said charter bus shall be operated on a pre-arranged basis only, with tickets having been purchased in advance by passengers; 4. The operator(s) of the bus shall at all times ensure that the bus is not parked in a manner that interferes with the ability of emergency vehicles to move or pass or sight distance for pedestrians or motorists; 5. Permittee shall at all times maintain valid liability insurance coverage, as well as present the City Attorney’s Office with proof of compliance with the New York Workers’ Compensation Law ; and, be it further RESOLVED, That the Superintendent of Public Works shall have the right to modify the conditions above upon reasonable notice to the Permittee, suspend or revoke this permit due to violation of the terms thereof, or due to any other action or failure to act, on the part of the permittee or his agents, which poses a danger to the health or safety of any members of the public, provided, however, that such suspension or revocation shall be subject to review by Common Council upon written appeal of the permittee, to the Mayor (which appeal, while pending, shall not stay said suspension or revocation). November 6, 2019 15 Alderperson Lewis asked what other carriers on Green Street serve the NYC/Ithaca route. City Attorney Lavine responded that Shortline/Coach USA, Trailways/Greyhound, and Our Bus. He noted that Fitzgerald Brothers had been providing service at the Green Street stop under the OurBus permit. Fitzgerald Brothers is now proposing only working on a fixed schedule and staff feels comfortable that this fixed schedule could fit into the Green Street bus schedule. Alderperson Lewis expressed concerned about the current traffic congestion on E. Green Street and adding another bus carrier to what is considered a temporary location. Alderperson Nguyen noted that he shares the concerns expressed but feels confident that this one bus could be accommodated. A vote on the Resolution resulted as follows: Ayes (9) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff Nays (1) Lewis Carried 9-1 Alderperson Murtagh reported that the PEDC will be discussing the following topics in the coming months: Accessory Dwelling Units, Air B & B short-term rentals, and the Green Building Policy. MAYOR’S APPOINTMENTS: 14.1 Appointment to Board of Zoning Appeals – Resolution By Alderperson McGonigal: Seconded by Alderperson Nguyen RESOLVED, That Suzanne Charles be appointed to the Board of Zoning Appeals to replace Lindsay Jones with a term to expire December 31, 2020 . Alderperson McGonigal voiced his discomfort about Ms. Charles’ profession as a real estate developer. Mayor Myrick explained that Ms. Charles is currently teaching in the Cornell University Real Estate program and noted that it is valuable to have people on the Board who know what it takes to build something. A vote on the Resolution resulted as follows: Ayes (9) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff, Lewis Nays (1) McGonigal Carried 9-1 14.2 Reappointments to the Housing Board of Review – Resolution By Alderperson McGonigal: Seconded by Alderperson Smith RESOLVED, That David Wahl be reappointed to the Housing Board of Review with a term to expire December 31, 2021; and, be it further RESOLVED, That William F. Olney be reappointed to the Housing Board of Review with a term to expire December 31, 2021; and, be it further RESOLVED, That John Barradas be reappointed to the Housing Board of Review with a term to expire December 31, 2022; and, be it further RESOLVED, That Christopher Anagnost be reappointed to the Housing Board of Review with a term to expire December 31, 2022 . Carried Unanimously 14.3 Appointment to the Special Joint Sewer Committee – Resolution By Alderperson Brock: Seconded by Alderperson Smith RESOLVED, That Scott Reynolds be appointed to the Special Joint Sewer Committee to replace Brian Davis as a representative from city of Ithaca until such time as he is no longer able to serve or is replaced by the City of Ithaca. Carried Unanimously November 6, 2019 16 REPORTS OF COMMON COUNCIL LIAISONS: Special Joint Committee Alderperson Brock reported that the SJC is exploring entering into a pilot agreement to install a bio-char facility at the Wastewater Treatment Plant. Bio-char is the process of gasification of bio-solids. Bio-char is also a soil additive. The Department of Environmental Conservation has approved the grit removal and other improvements to the Wastewater Treatment Plant site. Construction is anticipated this spring. The SJS has also taken an additional review of the proposed disclosure ordinance and hopes to bring it back to Council in the near future. REPORT OF CITY CLERK: City Clerk Conley Holcomb reported that she has been working with the Health and Safety Coordinator to develop building evacuation training for Common Council and the commissions, boards, and committees that hold meetings in City Hall after hours. She stressed that there would be a role for the Chairs and Council Liaisons to assist the public in safely evacuating the building in the case of an emergency. All meeting attendees would be expected to meet and stay in front of the Green Street Garage so that emergency responders can determine that everyone made it out of the building. In addition to the training, evacuation maps and signage will be developed and hung in all of the conference rooms. City Clerk Conley Holcomb further reported that the Towing Oversight Committee recently held its final meeting with the local tow operators to consider revisions to the proposed Towing Service Agreement. Once finalized, the agreement and the proposed changes to the City Code will be forwarded to Common Council for consideration. Further discussion followed on the floor regarding the January 2020 meeting schedule in lieu of the holidays. Mayor Myrick stated that he would work with staff and communicate the schedule to Common Council as soon as possible. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the September 4, 2019 and October 2, 2019 Common Council Meeting Minutes Approval of the minutes of the September 4, 2019 and October 2, 2019 Common Council meetings was deferred to the December 2019 meeting. REPORT OF CITY ATTORNEY: City Attorney Lavine reported that the Nancy Keane vs. the City of Ithaca lawsuit was dismissed on a summary judgement. Motion to Enter into Executive Session: By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, That Common Council enter into Executive Session to discuss pending litigation. Carried Unanimously RECONVENE: Common Council reconvened with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 8:30 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor