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HomeMy WebLinkAboutMN-PLED-2015-02-11Minutes Approved at March 11, 2015 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, February 11, 2015 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Ellen McCollister, Cynthia Brock, and Josephine Martell Committee Members Absent: None Other Elected Officials Attending: Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Megan Wilson, Senior Planner, Department of Planning, Building, Zoning, and Economic Development; Jennifer Kusznir, Senior Planner, Department of Planning, Building, Zoning, and Economic Development: Ari Lavine, City Attorney, Julie Holcomb, City Clerk; and Debbie Grunder, Executive Assistant, Department of Planning, Building, Zoning, and Economic Development Others Attending: Gino Leonardi, Robert Sarachan, Larry Beck, and Tony Love Chair Seph Murtagh called the meeting to order at 6:06 p.m. 1) Call to Order/Agenda Review There were no changes made to the agenda. 2) Public Comment and Response from Committee Members No one from the public was present to speak. Minutes Approved at March 11, 2015 PEDC Meeting 3) Special Order of Business a) Special Presentation – Exterior Property Maintenance Ordinance Larry Beck from the Rental Housing Advisory Council (RHAC) spoke on changing the current process of fines, etc. People are upset with the current fine system. Changes need to be made so that the individual who is responsible and who should be fined takes care of it. The landlord should not incur the fine. Notification to the tenant or property owner isn’t delivered in time to correct the violation before huge fines grow. Gino Leonardi stated that the building department has been working on an e lectronic system to generate on-site violations and send emails while there instead of returning to the office and processing them then. He further stated they are trying to relieve everyone from the slow and cumbersome process and still stay within the ordinance. Leonardi stated he is ready to submit the contract, training will need to be done, and within two months it should be good to go. Alderperson McCollister stated that she doesn’t think that we are really that far apart on what needs to be done and further thanked Tony Love who issues the violations and the good job he has done in responding to the complaints she sends his way. Alderperson Brock stated when rental property changes hands (tenants). There needs to be a training process for the incoming tenant. The incoming tenant should not be burdened by the pervious tenant’s violations. The fine should remain with the initial violator not be transferred to the new tenant. She likes the idea of the new email notification. The escalating of fines needs to be looked at. Land lords or property owners who take care of their initial fines. If they violate the ordinance again, the new fine should be added on to the history, but starts anew. Alderperson Kerslick asked why the “notice” period went away and turned t o a fine with no “warning”. He further stated that the infractions that are being seen by the Department of Public Works (DPW ) as well as the Building Department should be on the same page. They should be charging the same amount for their violations. Robert Sarachan explained to the group that there are some that are continuous offenders, but some are not. It is his view that they shouldn’t be handled the same way, i.e., $25, $50, $200 up to $300, but instead stick to the initial $25 fine. Tony Love stated that when he first started working for the City he asked why warning notices didn’t go out first. It was determined that if it was done that way, an entire day would be wasted just for issuing warnings and another day to return to check whether the violation has been fixed. Minutes Approved at March 11, 2015 PEDC Meeting Alderperson Brock stated it seems that most violations are trash cans. She suggested that we handle it similar to the violation of sidewalk snow shoveling. Chair Murtagh asked the group whether we change the ordinance or do we just add this onto the current ordinance. Gino Leonardi stated the change in the costs in fines would not be difficult to change and/or add to the current ordinance, but any changes to the process of handling the fines is a bigger issue. Alderperson Martell stated that the notifications are a good idea. She would like to help review the fee structure in order to come up with a doable solution. Alderperson McCollister again stated that she feels we are all on the same page. She too would like to reduce the third and fourth levels of fines. Alderperson Kerslick concurred with Alderperson McCollister. 4) Announcements, Updates, and Reports a) Comprehensive Plan The Committee has finished their review of all the chapters. There are opened houses scheduled for the public to attend to give feedback. There will also be a survey available for those who cannot make it to the outreach open houses. The committee will review all the feedback and generate the final version of the Comp Plan by the end of the summer. Cornish stated the second phase of the Comprehensive Plan will follow soon after. 5) Action Items – Voting to Send on to Council a) Commons Legislation Chair Murtagh asked whether any one has any questions on the changes to the Commons legislation. Alderperson McCollister stated that initially she was concerned about dogs being allowed, but after re-reading it, she will take the Commons Committee recommendations. Alderperson Brock voiced her concerns of urine from the dogs on the new surface. Brock also voiced the sanctions’ for outdoor dining. Moved by Alderperson McCollister; second by Alderperson Kerslick. Kerslick asked for a summary of the recommendations of the allowance of dogs on the Commons. Minutes Approved at March 11, 2015 PEDC Meeting City Clerk Holcomb stated that years ago the vendors on the Commons were spli t 50/50 and it’s still like that today. Alderperson Kerslick would like to be sure that the pet owners be responsible when bringing their dogs on the Commons. City Clerk Holcomb stated that if dogs are allowed on the Commons, there will be strict regulations they must follow. Alderperson Brock moved to amend the ordinance to put the sentence on page 10 under section 157-10 regarding infant strollers, wheelchairs, etc. back in. Seconded by Alderperson Kerslick. Passed unanimously. Alderperson Kerslick commented on his concern of the possible noise issues. City Clerk Holcomb stated that any event approved by the Commons Advisory Board will be monitored and may be asked to leave or have their event shut down if they don’t comply. City Clerk Holcomb asked for the Committee’s thoughts regarding driving on the Commons, outdoor dining, and trash collection. Holcomb confirmed that any large, heavy vehicles would need a special permit. “Table and Chair Creep” violations get one warning with a picture, second offense 250; ticket and $500 fine, up to $1,000. Amendment on Veteran mobile vending to not have a fee charged was moved by Alderperson McCollister; seconded by Alderperson Brock. The proposed amendment failed 3-2. Ordinance was unanimously passed. b) City Watershed Conservation Easements City Attorney Ari Lavine explained the reasons for this resolution. RESOLUTION – City Watershed Conversation Easements Processes Moved by Alderperson Martell; seconded by Alderperson McCollister. Passed unanimously. WHEREAS, a conservation easement is a set of legal restrictions that a property owner can voluntarily place on her or his own land, limiting use and development of the land forevermore, and; WHEREAS, the City is currently constructing at substantial expense a new water filtration plant which is fed by a creek, and; Minutes Approved at March 11, 2015 PEDC Meeting WHEREAS, the quality of the water fed by said creek is substantially dependent on the quality of water provided upstream of the plant by the creek’s watershed, predominantly outside City limits, and; WHEREAS, overdevelopment of the watershed in the long term would increase the risk of water quality issues that could prove costly to remedy at the plant itself, and; WHEREAS, the Common Council included in the Fiscal Year 2015 budget $20,000 in support of the initiative detailed in this resolution, and WHEREAS, the Common Council desires to establish via this resolution more specific procedures and guidelines for the disbursement of these funds and any future funds similarly budgeted for the purpose of watershed conservation easements; now therefore be it RESOLVED, that as part of the annual budget proposal of the Department of Public Works for the Water and Sewer Division, the Superintendent of Public Works, on consultation with the Director of Planning and Development, make a recommendation as to what amount, if any, is recommended for inclusion in their annual budget for purposes of this program; and be it further RESOLVED, that any funds so budgeted be evaluated for expenditure on transaction costs necessary to the creation of conservation easements according to the procedures and requirements set out in this resolution, and such other procedures and requirements not in conflict with this resolution established by the Director of Planning and Development and the Superintendent of Public Works; and be it further RESOLVED, that applications for expenditure of these funds on particular conservation easement projects may be submitted by any member of the public, though most commonly by the Finger Lakes Land Trust, to the Director of Planning and Development or her/his designee; and be it further RESOLVED, that the Director of Planning and Development or her/his designee shall evaluate each application according to the minimum criteria specified in this resolution, among others, and if said minimum criteria are satisfied, shall circulate the application to the Superintendent of Public Works or his/her designee (expected generally to include either or both of the City Watershed Coordinator and the City Environmental Engineer), who in turn shall:  add the application to an upcoming agenda of the Board of Public Works occurring not sooner than 30 days in the future, and  email or mail notice of the application to all members of the City’s Common Council and to the Clerk of the Town or Village in which the contemplated conservation easement would be created; and be it further Minutes Approved at March 11, 2015 PEDC Meeting RESOLVED, that the Director of Planning and Development, the Superintendent of Public Works, and/or each of their designees make a recommendation to the Board of Public Works as to their recommended action on the application under consideration; and be it further RESOLVED, that the Board of Public Works deliberate upon, and thereafter approve or deny, each application for funding of transaction costs of a conservation easement, and if approved specify the dollar amount, not to exceed $15,000 per application, authorized for use on the application-specific project to be drawn from the Council-budgeted funds available to this program at that time, abiding the following minimum criteria, all of which must be satisfied in support of any approved application: 1. The property owner(s) of the property impacted by the pending application is/are willing participant(s) in the project. 2. An outside funding match to City's contribution to the application-specific project is preferred, but not required. 3. Another party will be responsible for property management and stewardship of any conservation easement created under this program. 4. The project is located in the watershed of Six Mile Creek upstream of the current location of sixty-foot dam, and the conservation of the project is deemed by the Board of Public Works, on the advice of relevant City staff, to be beneficial to long-term water quality for the City's water supply. and be it further RESOLVED, that applications may be submitted seeking funding support of this program for fee-title purchases (rather than easements) in support of conservation of the City watershed, but that such applications shall, after being considered by the Board of Public Works as specified in this resolution, require a vote of the Common Council before any approval of the application shall be effective. Minutes Approved at March 11, 2015 PEDC Meeting 6) Action Items – Approval to Circulate a) Repeal of Collegetown Parking Overlay Zone Megan Wilson informed the Committee why this repeal is being initiated. The CPOZ was originally adopted in 2000 to more adequately address the increased parking demands of residents and employees, as identified in the 2000 Collegetown Parking Study. Since its adoption, transportation patterns and parking demand in Collegetown have changed, and a 2012 parking study found the CPOZ’s off-street parking requirements to be too high. The adoption of the Collegetown Area Form Districts in 2014 reduced or eliminated off-street parking requirements for many properties within the CPOZ. However, there are approximately 145 parcels, primarily to the west of central Collegetown and in the East Hill Historic District, that are still subject to the more stringent off-street parking requirements. By eliminating the CPOZ, these properties will be subject to the same off-street parking requirements as other R3 and B zones within the city. The reduced parking requirements will also support the preservation of green space in the East Hill Historic District by decreasing the amount of parking that must be provided on site. In addition, it will remove conflicting language between the CPOZ and the Collegetown Area Form Districts legislation. Alderperson Kerslick moved circulation; seconded by Alderperson Martell. Passed unanimously. This will be circulated and be brought back to the March meeting. b) Proposal to Amend Industrial Zone Jennifer Kusznir explained to the Committee for this amendment. Because we are limited in the Industrial Zone, we need to set a two -story limit. Alderperson McCollister moved for circulation; Alderperson Brock seconded it. Passed unanimously. This will come back to this Committee in March with a public hearing. c) Proposed Ithaca Gun Site Rezoning Alderperson McCollister moved for circulation by; seconded by Alderperson Kerslick. Passed unanimously. This will be circulated and will come back in March with a public hearing. 7) Discussion a) Work plan 2015 JoAnn Cornish added a few more items to the work plan. 1) Historic District Overlay Zone Minutes Approved at March 11, 2015 PEDC Meeting 2) Verizon Wireless Tower – Water and Sewer or Wastewater treatment Center. 3) Steep Slope Protection Committee members were asked what they wanted to focus on or what was most important to them. Alderperson McCollister stated that Historic Ithaca does not recommend an overlay zones for historic districts. Bryan McCracken and Lynn Truame will be asked to join the Committee’s March meeting when they are here for the properties that will receive historic designation. Alderperson McCollister commented the lack of Cornell interaction with the City. Alderperson Brock stated she is very interested in the Steep Slope Protection Ordinance under Item # C – New Ordinances. Chair Murtagh stated his concern of the lack of increasing affordable housing. Alderperson Brock expressed her concern of the lack of full-time benefitted jobs in the City. More and more businesses are hiring part-time employees with no benefits. 8) Review and Approval of Minutes a) November 2014 Moved by Alderperson McCollister; seconded by Alderperson Kerslick. Passed unanimously. 9) Adjournment Chair Murtagh motioned to adjourn at 8:50 p.m.