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HomeMy WebLinkAbout03-01-17 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, March 1, 2017, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: Department of Public Works: 8.1 Viva Taqueria & Cantina - Alcohol Permit Request - Resolution 8.2 Kilpatrick’s Restaurant - Alcohol Permit Request – Resolution City Administration Committee: 8.3 Department of Public Works - Approval of Reallocation of Supervisor of Streets Position - Resolution 8.4 Department of Public Works – Approval for Amendment to Personnel Roster for the Water Treatment Plant – Resolution 8.5 Youth Bureau - Approval for Amendment to 2017 Personnel Roster - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Approval of Engineering Assessment of Alternatives to Reconnect Cornell Heights to City of Ithaca’s Water System - Resolution 9.2 City Controller’s Report 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Amend Chapter 336 of the City of Ithaca Municipal Code, entitled “Parks and Recreation”, Article II, entitled “Stewart Park,” Section 336-11 entitled “Dogs” to Allow Dogs in Portions of Stewart Park A. Declaration of Lead Agency for Environmental Review - Resolution B. Determination of Environmental Significance – Resolution C. Adoption of Ordinance Common Council Meeting Agenda March 1, 2017 Page 2 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE (Continued): 10.2 Resolution to Approve a Temporary Community Altar in DeWitt Park 10.3 Memorandum of Understanding for Base Level Services between the City of Ithaca and the Downtown Ithaca Alliance (DIA) (formerly known as the Downtown Ithaca Business Improvement District) – Resolution 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14. MAYOR’S APPOINTMENTS: 14.1 Appointments to the Local Advisory Board of Assessment Review for the City of Ithaca – Resolution 14.2 Appointments to the Rental Housing Advisory Commission – Resolution 14.3 Reappointments to the Rental Housing Advisory Commission – Resolution 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the February 1, 2017 Common Council Meeting Minutes - Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: February 24, 2017 8. CONSENT AGENDA ITEMS: Department of Public Works: 8.1 Viva Taqueria & Cantina Alcohol Permit Request - Resolution WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria & Cantina Restaurant allowing that restaurant to utilize certain areas along Aurora Street for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful; and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Viva Taqueria & Cantina Restaurant, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2017, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria & Cantina Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 8.2 Kilpatrick’s Restaurant - Alcohol Permit Request – Resolution WHEREAS, the City Clerk has received a request to allow Kilpatrick’s restaurant to utilize certain areas along North Tioga Street for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful; and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Kilpatrick’s restaurant, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2017, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Kilpatrick’s restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. City Administration Committee: 8.3 Department of Public Works - Approval of Reallocation of Supervisor of Streets Position - Resolution WHEREAS, the Supervisor of Streets requested a review of his position pursuant to the terms of the City Executive Association labor contract; and WHEREAS, the review determined that a permanent and material growth in the position’s responsibilities has occurred since the position was last evaluated in 1999; and WHEREAS, the Human Resources Department reviewed the point factor evaluation of the Supervisor of Streets position and determined that the growth in responsibilities merits an increased point factor rating, which results in the reallocation of the position to a higher salary grade; now, therefore be it RESOLVED, That the position of Supervisor of Streets be reallocated from Grade B to Grade A of the City Executive Association Compensation Plan; and, be it further RESOLVED, That funding in the amount of $5,698 to cover this salary increase retroactive to December 15, 2016 shall be derived from various DPW accounts in A5111 Maintenance of Roads. 8.4 Department of Public Works – Approval for Amendment to 2017 Personnel Roster for the Water Treatment Plant - Resolution WHEREAS, the Department of Public Works (DPW) has $34,000 in the 2017 operating budget for additional staff at the Water Treatment Plant; and WHEREAS, during the preparation of the 2017 budget, there was discussion over use of the funds, either for an Assistant Chief Operator for half of the year, or for an Operator Trainee for the full year; and WHEREAS, the approved roster lists an Assistant Chief Operator, but the Department of Public Works has determined that there is a greater need for an Operator Trainee; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Public Works shall be amended as follows: Add: One (1) Water Treatment Plant Operator Trainee Delete: One (1) Assistant Chief Water Treatment Plant Operator ; and, be it further RESOLVED, That no funding changes are anticipated within the Department of Public Works budget. 8.5 Youth Bureau - Approval for Amendment to 2017 Personnel Roster - Resolution WHEREAS, the Youth Bureau leadership team has worked hard to draft a strategic plan that will address community needs and high quality services that are both efficient and valued by the community; and WHEREAS, the Youth Bureau requests amendments to the 2017 Personnel Roster in order to best meet its needs and support the vision, mission and goals; and WHEREAS, the Youth Bureau has been advised by and worked closely with the Human Resources department throughout the planning process; and WHEREAS, the Civil Service Commission is currently reviewing two positions and formal adoption is anticipated at the February meeting; and WHEREAS, the maintenance and care needed for the Youth Bureau building, Cass Park facilities and grounds continues to grow; and WHEREAS, as our community grows, the demand for services and programming at both facilities is increasing and in order to best manage and maintain vital facilities and grounds along with the corresponding programming; now, therefore be it RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended as follows: Add: One (1) Deputy Youth Bureau Director (40 hours) One (1) Recreation Program Assistant (35 hours) Delete: One (1) Recreation Facilities Director (40 hours) ; and, be it further RESOLVED, That the City Controller is hereby authorized to reallocate the funding between one (1) Recreation Program Administrator, two (2) Recreation Program Coordinators and one (1) Recreation Program Specialist position, so that the two Recreation Program Coordinator positions are funded, and the Recreation Program Administrator and Recreation Program Specialist positions are not funded; and, be it further RESOLVED, That this restructure does not require additional funds from the City and will allow the Youth Bureau to optimize its resources and personnel to provide quality services to residents, both now and in the future. Ithaca Youth Bureau 1 James L. Gibbs Drive Ithaca, New York 14850 Phone: (607) 273-8364 Fax: (607) 273-2817 “Building a foundation for a lifetime.” To: City Administration Committee From: Liz Klohmann, Director Re: 2017 Roster Amendment Date: 2/15/17 Over the last few months the Youth Bureau leadership team has worked hard to draft a strategic plan that will address community needs and allow us to provide high quality services that are both efficient and valued by the community. In order to best meet the Youth Bureau needs and support our vision, mission and goals we are requesting amendments to the 2017 Roster. We have been advised by and worked closely with the HR department throughout the planning process. The Civil Service Commission is currently reviewing two positions and we anticipate formal adoption at the February meeting. The following changes are made within our approved 2017 budget. The maintenance and care needed for the YB building, Cass Park facilities and grounds continues to grow. As our community grows, the demand for services and programming at both facilities is increasing. In order to best manage and maintain vital facilities and grounds along with the corresponding programming we would like to un-fund the Cass Park Facility Director position and add 1 Deputy Director Position to our roster. This Deputy position will be responsible for the oversight and management of facilities both at Cass and the Youth Bureau. Additionally, the position will oversee programming at Cass Park and assume supervision of the YB maintenance and custodial staff. In the Recreation Department, we would like to un-fund the Recreation Program Administrator position the current employee will fill the vacant Recreation Program Coordinator position (35 hours). Also in the Recreation Department, we would like to un-fund the Recreation Program Specialist position and fund a Recreation Program Coordinator position (40). The current employee in the Specialist position will be promoted to the Recreation Coordinator position Lastly, we would like to add a Recreation Program Assistant position (35 hours) to our roster to support programs at both Cass Park and the Youth Bureau. To summarize: Delete Cass Park Facility Director Add Deputy Director Un-fund Recreation Program Administrator Un-fund Recreation Specialist (35 hours) Fund Recreation Program Coordinator (40 hours) Add Recreation Program Assistant (35 hours) This restructure does not require additional funds from the City and will allow us to optimize our resources and personnel to provide quality services to residents, both now and in the future. 9. CITY ADMINISTRATION COMMITTEE: 9.1 Approval of Engineering Assessment of Alternatives to Reconnect Cornell Heights to City of Ithaca’s Water System - Resolution WHEREAS, the Cornell Heights neighborhood, roughly the area north of University Avenue, has been served by water supplied by the Cornell Water Filtration Plant since 1993; and WHEREAS, this arrangement was implemented at Cornell’s request to enable them to utilize for their own purposes the City’s water main running through campus, down East Avenue, which had supplied Cornell Heights up to that time; and WHEREAS, in the original letter of understanding, Cornell and the City agreed that the City would supply an equal volume of water to Cornell somewhere on their campus to offset the water supplied by Cornell; that there would be little to no financial exchange for the arrangement; that Cornell Heights water users would remain City customers and would continue to be billed by the City; and that Cornell water users would continue to be billed by Cornell; and WHEREAS, the City saw and continues to see some benefits from this arrangement, including higher water pressures in Cornell Heights, which provide better fire protection; and WHEREAS, the City supplied the West Campus area of Cornell for some period of time during the initial years of this arrangement, but the City’s water supply was deemed unacceptable to Cornell, and West Campus was switched back to Cornell’s water system in 1996; and WHEREAS, the City has been and remains willing to supply water to Cornell to offset the water supplied to Cornell Heights, but Cornell has heretofore not provided the City with an acceptable location for the delivery of water; and WHEREAS, the City has offered and remains willing to pay Cornell the marginal cost of producing that amount of water, since the City sees minor savings in chemical and electricity costs by not treating and pumping that volume of water; and WHEREAS, Cornell has instead requested that the City pay a rate based on their retail price for water, an unacceptably high rate which is approximately ten times higher than the City’s marginal cost of water; and WHEREAS, the original letter of understanding was never converted to a formal legal agreement; and WHEREAS, Cornell now wishes to pursue the option of switching Cornell Heights back to the City’s water system, but the original water main down East Avenue is no longer available, and therefore a new connection will have to be planned and constructed; and WHEREAS, the City is willing to help advance this option and has received from O’Brien and Gere a proposal to evaluate, for feasibility and cost, seven different alternatives for reconnecting Cornell Heights to the City’s water system; and WHEREAS, this evaluation will cost $23,000, an amount the City is willing to pay, in partial recognition of the marginal water savings from not supplying Cornell with an offsetting amount of water since 1996; and WHEREAS, it is the City’s expectation that if an alternative for reconnecting Cornell Heights to the City’s water system can be agreed to and is eventually selected, the cost of design and construction of that connection will be borne primarily by Cornell; now, therefore be it RESOLVED, That Common Council hereby authorizes the expenditure, in an amount not to exceed $23,000, to be derived from existing funds in Capital Reserve #16 Water Sources Development for the purposes of evaluating costs for the reconnection of Cornell Heights to the City’s water system. 333 West Washington Street, PO Box 4873 Syracuse, NY 13221-4873 p 315-956-6100 f 315-463-7554 OBG www.obg.com January 13, 2017 Mr. Michael J. Thorne, P.E. Superintendent of Public Works City of Ithaca Department of Public Works 108 E. Green Street, Room 203 Ithaca, NY 14850 RE: Cornell Heights Water Supply Study FILE: 1598/44681 Dear Michael: O’Brien & Gere Engineers, Inc. (OBG) is pleased to provide the City of Ithaca (City) with this proposal to evaluate alternatives to restore the City’s ability to supply water to the Cornell Heights Service Area. This proposal is based on our December 19, 2016 meeting. To facilitate your review, this proposal is organized as follows: Project Understanding Scope of Services Schedule Fee and Terms Clarifications and Assumptions PROJECT UNDERSTANDING Cornell University (Cornell) has produced the water delivered to City customers in the Cornell Heights Service Area since the early 1990’s based on an informal water exchange agreement. The agreement gave use to Cornell of the 12” water main along East Avenue, which the City had previously used to supply Cornell Heights. In the mid-1990s, new buildings were constructed on the Cornell campus which required higher water pressures than previously, pressures that could be supplied by Cornell’s system, but not the City’s system. This has created a water exchange imbalance for the past 20+ years. The imbalance has remained in place because modifications to the East Avenue water main by Cornell preclude the City from providing water to Cornell Heights, as was done prior to the water exchange agreement. In the interest in correcting the imbalance, the City of Ithaca has requested that OBG provide a proposal to complete a technical and cost feasibility evaluation of alternatives to either: Re-establish the City’s ability to supply water directly to the Cornell Heights Service Area, or Supply an equivalent volume of water for general use by Cornell or Bolton Point. OBG | THERE’S A WAY January 13, 2017 © 2015. ALL RIGHTS RESERVED | 2 I:\Ithaca-C.1598\BD\44681 Cornell Heights Water Supply Study\Cornell Heights Water Supply Study Final Proposal.docx Important secondary goals will be to identify alternatives to address the lower water pressure that would result from switching Cornell Heights from the Cornell system back to the City’s East Hill pressure zone and to improve the ability for the City and Cornell to exchange water in the event of a drought or water emergency. OBG will prepare a letter report, which will include a conceptual pipeline route description and figure for each alternative and a summary of known unique features that would drive the cost of implementation. The conceptual pipeline route evaluations will be based on existing available mapping only and will not involve subsurface investigations or field inspections. Cost estimates will be prepared based on the conceptual routing with the objective of providing sufficient detail for preliminary planning and comparing alternatives. The alternatives selected for evaluation include: Alternative One – This alternative will include the construction of a new 12” water main beginning at the intersection of College Ave. and Oak Ave. and generally following the route of the original City pipeline along East Ave., terminating with a connection to the Cornell Heights Service Area at Thurston Ave. Alternative Two – This alternative will include the construction of a new 12” water main beginning at the intersection of College Ave. and Oak Ave., following College Ave. to Campus Rd., then crossing the area known as the Libe Slope near West Ave., and terminating with a connection to the Cornell Heights Service Area at Thurston Ave. The crossing of the Libe Slope area will be priced based on the use of directional drilling to install the pipeline. Alterative Three – This alternative would include the construction of a new 12” water main beginning at the intersection of Dryden Rd. and Eddy Street and generally following Stewart Ave., and terminating with a connection to the Cornell Heights Service Area near the intersection of Highland Ave. and Thurston Ave. Alternative Four – This alternative is a hybrid of Alternatives Two and Three and will include the construction of a new 12” water main beginning at the intersection of College Ave. and Oak Ave., following Central Ave. to Campus Rd. to Stewart Ave., and terminating with a connection to the Cornell Heights Service Area near the intersection of Highland Ave. and Thurston Ave. Alternative Five – This alternative is a hybrid of Alternatives Two and Three and will include the construction of a new 12” water main beginning at the intersection of Dryden Rd. and Eddy Street and following Stewart Ave. to Campus Rd., then crossing the Libe slope near West Ave. and terminating with a connection to the Cornell Heights Service Area at Thurston Ave. The crossing of the Libe Slope area will be priced based on the use of directional drilling to install the pipeline. Alternative Six – This alternative will be based on a three-way water exchange whereby Cornell would continue to supply water to the City’s customers in Cornell Heights (estimated to be 120,000 gallons per day), Bolton Point would supply an equivalent amount to Cornell through the existing North Campus connection, and the City would supply an equal amount to Bolton Point through the existing Oakwood Lane Pumping Station. Alternative Seven – This alternative will be based on a three-way water exchange whereby Cornell would continue to supply water to the City’s customers in Cornell Heights (estimated to be 120,000 gallons per day), Bolton Point would supply an equivalent amount to Cornell through the existing north campus connection and the City would supply an equal amount to Bolton Point through the City’s existing interconnection building on Water Street. This alternative would require the construction of a new pressure reducing station in the Bolton Point transmission main between the Pine Tree control valve and the City’s interconnection building to reduce the pressure gradient in the T-Main to match the gradient in the City’s East Ithaca Service Area and Cornell’s Zone 1. OBG | THERE’S A WAY January 13, 2017 © 2015. ALL RIGHTS RESERVED | 3 I:\Ithaca-C.1598\BD\44681 Cornell Heights Water Supply Study\Cornell Heights Water Supply Study Final Proposal.docx In addition to the delivery alternatives described above, OBG will evaluate two alternatives for addressing the lower water pressure that will result in Cornell Heights once this service area is switched back to the City’s East Hill pressure zone: Alternative A - This alternative will include replacement of the aging 12” water mains along Dryden Rd./Maple Ave. and replacement of the Maple Ave. ground storage tank with an elevated tank having a high operating level of 984 feet. This evaluation will assume that the tank will either be replaced in its current location or on adjacent land acquired from Cornell University. The limits of the pipeline replacement along Dryden Rd./Maple Ave. will be from Eddy Street to the Maple Ave. Tank, excluding the recently replaced section between College Ave. and Linden Ave. A section of 12” water main on College Ave., from Dryden Road to Oak Ave., and a bi-directional billing meter will also be included to facilitate direct water exchanges between the City and Cornell water distribution systems. Alternative B – This alternative recognizes that Cornell Heights was adequately served by the lower water pressure from the City’s East Hill pressure zone prior to the water exchange agreement. It also recognizes that modifications will be required to fire sprinkler systems installed in buildings after Cornell began providing higher pressure water to Cornell Heights. This alternative will identify the number of fire suppression systems that will need to be modified, and an approximate cost to modify an average system. SCOPE OF SERVICES OBG will review the digital utility mapping provided by the City to develop conceptual pipeline routing for each alternative as well as a conceptual site plan for the proposed Maple Ave. elevated storage tank. OBG will use the mapping provided to identify major cost drivers such as existing utility congestion, bridge crossings, traffic control, etc. OBG will develop conceptual level cost estimates based on the proposed routing to provide sufficient detail for preliminary planning purposes and comparing alternatives. Estimates will use a combination of construction costs from similar City projects as well as input from vendors and contractors. OBG will prepare draft and final versions of a letter report. The report will include a conceptual pipeline route description and figure for each alternative, conceptual cost estimates, and recommendations for the next steps needed for the implementation of the preferred alternative. Meetings: » OBG will conduct a meeting with project stakeholder’s and City staff to review the conceptual pipeline routes and discuss major cost drivers and key implementation considerations. This meeting will be held prior to issuing the draft report. » OBG will present the findings of the evaluation and draft report and discuss next steps to the Board of Public Works and discuss the next steps towards the implementation of an alternative. The report will be finalized based on consolidated comments received from the City after this meeting. SCHEDULE This proposal is being submitted for discussion at the February 15th City Administration Committee meeting and authorization at the March 1 City Council meeting. OBG proposes to complete its evaluation and be prepared to present our findings and draft report to the Board of Public Works within six weeks of authorization. OBG | THERE’S A WAY January 13, 2017 © 2015. ALL RIGHTS RESERVED | 4 I:\Ithaca-C.1598\BD\44681 Cornell Heights Water Supply Study\Cornell Heights Water Supply Study Final Proposal.docx FEE AND TERMS OBG will perform the services described in this proposal for a not-to-exceed fee of $23,000. Services will be invoiced at Salary Cost times a multiplier of 2.3 consistent with other office based services we have performed for the City. CLARIFICATIONS AND ASSUMPTIONS This proposal does not include an assessment of distribution system water quality. Cornell has indicated that long-term distribution system water quality issues including corrosion control and disinfection byproducts will need to be evaluated prior to the implementation of an alternative. Cost estimates will be limited to construction related costs and will not include costs associated with land acquisitions, agency and regulatory approvals, engineering support, etc. The City will supply an estimate of the number of existing buildings requiring fire suppression system upgrades and the estimated average cost per building for use in the evaluation of alternatives. If this proposal is acceptable, please countersign and return a copy of the proposal to signify acceptance and serve as authorization for OBG to proceed. We appreciate the opportunity to provide engineering services to the City of Ithaca. Should you have questions regarding this proposal, please contact me at (315) 956-6471 or via email at Rick.Gell@obg.com. Very truly yours, O’BRIEN & GERE ENGINEERS, INC. Richard E. Gell, P.E. Senior Managing Engineer cc: Erik Whitney, P.E. Robert C. Ganley, P.E. I:\Ithaca-C.1598\BD\44681 Cornell Heights Water Supply Study\Cornell Heights Water Supply Study Final Proposal.docx 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Amend Chapter 336 of the City of Ithaca Municipal Code, entitled “Parks and Recreation”, Article II, entitled “Stewart Park,” Section 336-11 entitled “Dogs” to Allow Dogs in Portions of Stewart Park A. Declaration of Lead Agency for Environmental Review – Resolution 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 ordinance is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; 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 adoption of an ordinance to amend Chapter 336, Article II, “Stewart Park,” of the City Municipal Code. B. Determination of Environmental Significance – Resolution WHEREAS, the City of Ithaca is considering an amendment to Chapter 336, Article II of the Municipal Code to allow on-leash dogs in most areas of Stewart Park; and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), dated February 2, 2017; and WHEREAS, the proposed ordinance has been distributed for public comment and has also been distributed for review by the City of Ithaca Conservation Advisory Council, the City of Ithaca Planning and Development Board, and City staff; and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance; and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF 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 in the Short Environmental Assessment Form, dated February 2, 2017; 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. C. Adoption of Ordinance WHEREAS, Stewart Park is the only City park where dogs are not permitted, and this prohibition is often not adhered to and rarely enforced; and WHEREAS, the completion of the Cayuga Waterfront Trail has brought an increase in the number of dogs as more people travel through and visit the park with their pets; and WHEREAS, neither the City’s Parks Commission nor the Board of Public Works have received complaints about dogs in the park and both have recommended that the City amend the Municipal Code to allow dogs in the park; and WHEREAS, due to concerns about possible disruptions to Stewart Park’s bird population, dogs will not be allowed in the Fuertes Bird Sanctuary or around the Swan Pond; now, therefore ORDINANCE NO. 2017- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: Section 1. Chapter 336 of the City of Ithaca Municipal Code entitled “Parks and Recreation”, Article II, entitled “Stewart Park”, Section 336-11 entitled “Dogs” is hereby amended to read as follows: Dogs shall be permitted in the park but shall not be permitted in the Fuertes Bird Sanctuary or within 100’ of the Swan Pond, except for on the Cayuga Waterfront Trail or within the Cascadilla Boathouse and around its associated docks. This provision shall not apply to Seeing Eye dogs, service animals providing assistance to people with disabling conditions, and police working dogs. All dogs shall be restrained by an adequate collar and leash while in the park. Exception to these requirements are by permit only, which may be granted by the Superintendent of Public Works or his/her authorized agent. No dogs shall be permitted in the park. This provision shall not apply to Seeing Eye dogs, service animals providing assistance to people with disabling conditions, and police working dogs. Exception to this prohibition is by permit only, which may be granted by the Superintendent of Public Works or his/her authorized agent. Section 2. Severability. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Resolution to Approve a Temporary Community Altar in DeWitt Park WHEREAS, the City has received a proposal from Christina Coleman and Charity Burger, on behalf of Art Club, to install a temporary community altar in DeWitt Park; and WHEREAS, as part of the project, individuals would be invited to place a meaningful object on the altar as a way for the community to gather, reflect, and remember; and WHEREAS, the Public Art Commission (PAC) reviewed the proposal in December 2016, and while the PAC did not provide a formal recommendation, they offered several questions for the project organizers to consider including the size and design of the altar, monitoring/curating of the installation, and removal of the altar at the conclusion of the event; and WHEREAS, at its meeting in early January, the Board of Public Works (BPW) was supportive of the installation, pending a recommendation from the Parks Commission, and will vote on the proposal at its meeting on February 27, 2017; and WHEREAS, in response to discussions at the PAC and BPW meetings, the project organizers made some changes to the original proposal, including daily monitoring of the installation and a tentative design; and WHEREAS, members of the Parks Commission were supportive of the proposed temporary community altar provided that the installation be limited to one month and that Art Club monitors the contributions to the altar as well as its condition daily; now, therefore be it RESOLVED, That the City of Ithaca Common Council approves the installation of Art Club’s proposed community altar in DeWitt Park for a period not to exceed 30 days; and, be it further RESOLVED, That the selected artists may proceed with the installation upon the execution of an agreement with the City as reviewed by the City Attorney. BACK-UP ITEM 10.2 TO: Planning & Economic Development Committee FROM: Megan Wilson, Senior Planner DATE: February 2, 2017 RE: Temporary Community Altar in DeWitt Park On behalf of Art Club, Charity Burger and Christina Coleman have submitted a proposal to install a temporary altar in DeWitt Park. The altar would provide an opportunity for members of the community to contribute items of personal significance and serve as a place to gather, reflect, and remember. The installation would be in place for one month, and the project organizers would disassemble the altar at the conclusion of the month. Art Club has committed to daily monitoring of the installation and will remove any offensive or inappropriate contributions as well as any garbage that may accumulate. The full project proposal is attached for your review. The Public Art Commission (PAC) reviewed the proposal at its December meeting. Because the proposal is for a temporary installation, the PAC did not provide a formal recommendation but offered several questions for the organizers to consider, including the size and design of the altar, monitoring/curating of the installation, and removal of the altar at the conclusion of the event. City staff also expressed concerns about vandalism, the collection of garbage, and loose items being blown around the park. Based on this feedback, Art Club revised their proposal to include the daily monitoring and prepared a proposed design. The Parks Commission reviewed the revised proposal and was supportive of the installation, provided that (1) the installation does not exceed one month; (2) Art Club monitors the altar daily; and (3) City Forester Jeanne Grace be provided with contact information of the project organizers to ensure any issues can be addressed immediately. The Board of Public Works discussed the proposal in early January and was supportive of the project but was waiting on the Parks Commission’s recommendation. The Board is expected to vote on the project at its February 13th meeting. While this installation is temporary, it requires Common Council approval because it is located on parkland. Staff and the project organizers will attend the February 8th Planning & Economic Development Committee meeting to discuss the project and answer any questions. If you have questions prior to the meeting, please contact me at (607) 274-6560 or mwilson@cityofithaca.org. Community Altar Proposal Art Club, an established local art organization (yourartclub.com), would like to get a permit to put up a temporary art installation in Dewitt Park. We have contacted the First Presbyterian Church and have received their approval for the project. We have also proposed the project to The Board of Public Works and The Parks Commission. Both are in favor of the installation. We are awaiting the official vote from The Board of Public Works. The installation also seems to be of public interest. We have been receiving emails from local newspapers and radio stations wanting to talk to us about the project. The installation would consist of a freestanding structure that will be roughly 2 feet wide, 4 ½ feet long, and 4 feet high. It will consist of a slightly raised platform with a series of wooden boxes securely attached, which create intimate spaces for the community to place their contributions. This whole structure would then be covered by a roof to somewhat shield it from the elements (see attached sketch and photos of examples of the boxes). The structure would be in place for one month. Art Club would tend to and curate the installation daily for the duration of the project. We will give our contact information to Jeanne Grace, the City Forester so that the city can reach us if any problems arise. Art Club would also be solely responsible for the installation and timely removal of the project from the park. How we understand the projects effect on public space: - We understand Dewitt is a quiet park and do not believe this project would cause noise pollution. - We do not foresee litter or vandalism as the public predominantly respects public art. - We understand it is taking place in inclement weather conditions and will be affected. - We would like to place the structure on the open grass and thus will not interfere with park trees, memorials, sidewalks, etc. - In our daily tending to the space, we will be aware of safety issues and do our best to keep the project and surrounding area clean and safe. Project Description: Community Altar Art Club wishes to create an interactive community art installation that honors loss and holds a space for grief. We would like to place a freestanding structure in Dewitt Park and invite people to place a meaningful object on it alongside the rest of the community’s contributions. We believe the gesture will mean something unique to each person. The project encourages participants to join in the vulnerable act of sharing something personal at the collective level. The project is meant to be secular, all-inclusive, a ritual for everyone to take part in regardless of belief. Loss is universal. It will be a space for reflection and reverence and contemplation of some of life’s bigger questions concerning transience, meaning and love. It will be a space for notes and keepsakes, mementos and souvenirs, photos and poems. The project will leave plenty of room for personal interpretations and expression while providing ritualized nudges towards introspection, connection, and transformation. Through the physical inscription of memories left at the structure, and in turn through reading the inscriptions of others, participants will be able to share, ritualize, and transform private grief into public expression in ways that are generally unavailable to many contemporary Americans. We believe that the structure, once complete and filled with remembrance will be something consecrated and significant to the community. The project will be left in place for one month. It is intended to be impermanent reflecting the impermanence of life. It is not only a place to share stories of loss, but also of letting go. Memorandum of Understanding for Base Level Services between the City of Ithaca and the Downtown Ithaca Alliance (DIA) (formerly known as the Downtown Ithaca Business Improvement District) – Resolution WHEREAS, Business improvement districts (BIDs) exist to provide supplemental services over and above those normally and customarily provided to city residents and business districts- typically known as base services; and WHEREAS, the Downtown Ithaca Alliance (formerly known as the Downtown Ithaca Business Improvement District) was created in 1997 to provide supplemental services for the Ithaca Commons and the 22 blocks of downtown bounded by Clinton Street, Albany Street, a line between Buffalo and Court Streets, and Schuyler Place/Gateway/South Aurora Street; and WHEREAS, State law requires that BIDs and municipalities clearly delineate base services as those provided by the municipality; and WHEREAS, the City and the Ithaca Downtown Business Improvement District, Inc., entered into a Base Level Services Memorandum of Understanding on April 21, 1998; and WHEREAS, the agreement was last updated in September of 2006; and WHEREAS, for several months City staff has been working with staff from the DIA in order to update the memorandum of understanding to reflect current programming and funding conditions; and WHEREAS, Staff has reorganized this memorandum of understanding into two documents, in order to distinguish between base level services and the overall work plan for the total operations and maintenance for the BID; and WHEREAS, the memorandum of understanding outlines the legal agreement between the City and the DIA which describes all of the base level services that are agreed upon; and WHEREAS, the memorandum of understanding is intended to be a longer term agreement that is signed by the City and the DIA; and WHEREAS, the work plan that outlines all of the tasks required for the total maintenance and operations, is intended to be re-visited and updated annually based on staffing responsibilities, programming, general maintenance needs, and funding availability; now, therefore be RESOLVED, That the City and the DIA agree that the Memorandum of Understanding shall be modified; and, be it further RESOLVED, That the Common Council authorizes the Mayor to sign and execute the memorandum of understanding between the City and the DIA; and, be it further RESOLVED, That the Common Council directs staff to work with the DIA to annually update the work plan for the operations and maintenance of the Downtown Business Improvement District. Back-Up Item 10.3 TO: Planning and Economic Development Committee FROM: Jennifer Kusznir, Economic Development Planner DATE: February 2, 2017 RE: City/Downtown Ithaca Alliance Memorandum of Understanding for Downtown Shared Operations and Maintenance The purpose of this memo is provide information regarding the ongoing maintenance and operations of the Downtown Business Improvement District (BID). The Downtown Ithaca Alliance (formerly known as the Downtown Ithaca Business Improvement District) was created in 1997 to provide supplemental services for the Ithaca Commons and the 22 blocks of downtown bounded by Clinton Street, Albany Street, a line between Buffalo and Court Streets, and Schuyler Place/Gateway/South Aurora Street. Business improvement districts (BIDs) exist to provide supplemental services over and above those normally and customarily provided to city residents and business districts- typically known as base services. State law requires that BIDs and municipalities clearly delineate base services as “those provided by the municipality prior to the establishment of the district.” N.Y. Gen. Mun. Law § 980-j(a). In 1998, the City and the DIA entered into a memorandum of understanding that outlined these base level services. This document was updated by a resolution in 2007 and is now being updated again. Enclosed please find a draft of the Memorandum of Understanding for Base Level Services. Staff has reorganized this memorandum of understanding into two documents, in order to distinguish between base level services and the overall work plan for the total operations and maintenance for the BID. The memorandum of understanding outlines the legal agreement between the City and the DIA which describes all of the base level services that are agreed upon. This document will be signed by both the City and the DIA and is intended to be a long term agreement. The second document is a work plan that outlines all of the tasks required for the total maintenance and operations and is intended to be re-visited and updated annually based on staffing responsibilities, programming, general maintenance needs, and funding availability. Enclosed for your consideration is a resolution authorizing the Mayor to sign the memorandum of understanding on behalf of the City. If you have questions or require additional information, please feel free to contact me. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ITHACA AND THE DOWNTOWN ITHACA ALLIANCE THIS MEMORANDUM OF UNDERSTANDING (MOU) is made by and between THE CITY OF ITHACA (the “City”), and the DOWNTOWN ITHACA ALLIANCE (“DIA”). PRELIMINARY STATEMENT This MOU is intended to define base level services for the ongoing maintenance and operations of the Ithaca Commons, subject to the remainder of this Preliminary Statement and subject to the terms set out at the end of this MOU under “MOU Term and Limitations”. The Downtown Ithaca Alliance (formerly known as the Downtown Ithaca Business Improvement District) was created in 1997 to provide supplemental services to 22 blocks of downtown bounded by Clinton Street, Albany Street, a line between Buffalo and Court Streets, and Schuyler Place/Gateway/South Aurora Street. (See attached BID map). This area includes the three block Commons pedestrian mall. Business improvement districts (BIDs) exist to provide supplemental services over and above those normally and customarily provided to city residents and business districts- typically known as base services. State law requires that BIDs and municipalities clearly delineate base services as “those provided by the municipality prior to the establishment of the district.” N.Y. Gen. Mun. Law § 980-j(a). The services/activities performed by the City listed below greatly exceed the base services provided by the City prior to the DIA’s formation in 1997, and indeed greatly exceed the level of services/activities provided by the City in most other areas of the City today. However, due to the City’s unwavering commitment to a vibrant and thriving downtown, the City has expanded the services/activities provided by the City to the Commons, and agrees, on a non-binding basis, to categorize these updated services/activities as base services for purposes of this non-binding MOU. ONGOING MAINTENANCE AND OPERATIONS The City and the DIA agree to attend joint meetings each year starting no later than March 1st, in order to begin planning for maintenance and operations of the Ithaca Commons for the upcoming season. The DIA and the City further agree to develop an agreed upon work plan that will outline general needs and tasks and outline responsible parties for the ongoing maintenance and operations of the Commons. The work plan is expected to be updated on an annual basis in advance of the City budget and capital improvement schedule in order to provide details for any additional municipal funding requests. BASE SERVICES The following services are acknowledged by the City and the DIA as being base services, as that term is defined in the Preliminary Statement to this MOU. 1. Safety, Security, and Public Behavior The City shall be responsible for providing the following: ‐ Downtown beat 24/7 coverage, including garages, with a goal of having dedicated officers for the 1st and 2nd shifts, and a goal of avoiding pulling the downtown beat officer off of the Commons to go to other areas The DIA will be responsible for providing the following: ‐ Provide regular input to assigned police officers and to Department leadership on downtown issues and concerns ‐ Provide regular feedback on police visibility ‐ If non-professional security is needed for events,, such as overnight watch security or extra crossing guard assistance, the DIA shall be responsible for providing such assistance 2. Communication The City shall be responsible for the following: ‐ IPD staff to meet quarterly with DIA representatives to discuss issues and concerns. ‐ maintaining a goal of providing immediate access for DIA staff to downtown beat officers The DIA will be responsible for the following: ‐ Meet quarterly with City Police representatives to discuss issues and concerns. ‐ Provide timely access for Police staff to DIA personnel 3. Cleaning and General Maintenance The City shall be responsible for the following: - The City will provide for weekly mechanized sweeping during spring, summer, and fall months (typically Apr – Oct) for the following: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks (north side), the Creek walk pedestrian way, and the 100 and 200 East Seneca Street blocks (south side). ‐ Provide mechanized sweeping of the Commons surface and Home Dairy Alley/Butterfly Alley on a daily basis between April and October subject to appropriate weather ‐ When undertaking mechanized sweeping during 1st or 2nd shifts, to conduct any needed hand litter clean up during or following mechanized tours. This shall occur on a daily basis during appropriate weather and seasons (typically Apr- Oct) during morning hours. ‐ To provide hand litter pick up on the following blocks during the spring, summer and fall months (typically Apr-Oct) at least twice weekly: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks, the Creek Walk pedestrian way, and the 100 and 200 East Seneca Street blocks. ‐ To provide hand litter pick up on the Commons (including Home Dairy Alley and Butterfly alley) on a daily basis following City mechanized sweeping for the period April – October. ‐ To provide hand litter pick up for the balance of the Downtown district (excluding the Commons) at least once a week for the period April – October. ‐ To conduct periodic street sweeping in downtown. ‐ To conduct mechanized and/or hand-held sidewalk power washing as needed on the following blocks: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks, the Creek walk pedestrian way, and the 100 and 200 East Seneca Street blocks. ‐ To assist in training DIA ambassador staff to use power washing equipment, when alternate agreements permit the usage of City equipment. ‐ To provide power washing/cleaning of the Commons (including home Dairy Alley and Butterfly Alley) on an as needed basis, between April and October. ‐ To monitor and repair any loss of paver joint sand due to power washing on a periodic basis as necessary and appropriate, but not less than once each year. The DIA shall be responsible for the following: ‐ To identify to City Commons crew problem areas requiring more frequent cleaning as needed and appropriate. ‐ Supplemental litter pickup on the ground and in the planters 4. Trash/Recycling The City shall be responsible for the following: ‐ To deploy and empty trash cans along the following blocks as needed: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks, the Creek walk pedestrian way, and the 100 and 200 East Seneca Street blocks. ‐ To monitor illegal use of trash cans for the dumping of household and/or business garbage and to implement steps to fine abusing parties. ‐ To provide a location for the temporary storing of trash bags from cans and to dispose of trash bags on a timely basis so as to avoid odor and unsightly piles. ‐ To inspect Commons area trash receptacles on a daily basis. ‐ To commit to strive to reduce the number of stand-alone dumpsters and recycling containers in the downtown superblock and contiguous block areas. ‐ To provide a facility for downtown business to utilize a shared trash compactor and shared recycling compactor for as long as the City is able to offer this service. ‐ Should the City opt out of such a service, to first negotiate an arrangement with another private entity to provide shared trash and recycling service. ‐ To provide public right of way space at no cost for shared compactor programs in an effort to minimize cluster and improve the aesthetics of downtown. ‐ Upon the construction of the Harold’s Square (or equivalent) project or upon the rebuilding or reconstruction of the Green Garage, the City and DIA shall collaborate on a plan to relocate the existing shared compactors. 5. Snow Removal The City shall be responsible for the following: ‐ To provide timely snow plowing on key downtown sidewalks (off the Commons) including the following: 100 West State Street, 300 East State Street, 100 North and 100 South Cayuga Street, 100 North and 100 South Cayuga Streets, Northside of Green Street in the 100 West and 100 - 200 East blocks, Southside of Aurora in the 100 North block, the Southside of Seneca in the 100 and 200 North blocks, and along the frontage of the Seneca Garage on East Seneca, North Tioga and North Aurora Streets. ‐ The City Commons crew, supported by other City staff as necessary, shall be responsible for the timely plowing of snow on the Commons, including Home Dairy Alley and Butterfly Alley. ‐ To maintain safe walkways on the Commons. ‐ The piling of snow should be done in a manner that recognizes the Commons as both a pedestrian travel zone and a place of ongoing commerce. The DIA shall be responsible for the following: ‐ To provide supplemental assistance to City crews in hand snow shoveling on the Commons as needed when city crews are deployed elsewhere in downtown or are not available on a timely basis. 6. Graffiti Removal The City will be responsible for the following: ‐ Remove graffiti on a timely basis from public buildings and public property in downtown. ‐ Collaborate with the DIA on the selection and acquisition graffiti remover products. ‐ The City shall be solely responsible for the removal of large tags- exceeding six (6) SF on public property. ‐ Work to identify and apprehend persons responsible for graffiti tags. ‐ Notify property owners of their responsibility to remove tags from their property (Bldg. Dept.). Role of the DIA: ‐ Identify and report graffiti tags to the City on a timely basis. ‐ Provide supplemental assistance in the removal of small tags (under six (6) SF) from public property. ‐ The DIA shall take the lead role in removing small graffiti tags from private property, but only with the consent of property owners. ‐ Collaborate with City crews on the selection and procurement of appropriate graffiti remover. 7. Lighting The City shall be responsible for the following: ‐ The City shall maintain City owned downtown district lights in good working condition, ensuring that burnt/dead light bulbs are replaced on a timely basis, and repairing or replacing broken or downed poles in a timely manner (City Electrician). The DIA shall be responsible for the following: ‐ Identify and report problems with street lights in the downtown district to the City on a timely basis. 8. Repair The City shall be responsible for the following: ‐ The responsibility for ongoing repair and replacement of Commons infrastructure. ‐ Each fall prior to freezing weather, the City shall repair joint paver sand removed by routine power washing and cleaning. ‐ Replace and/or repair broken or stolen Commons amenities on a timely basis, whenever replacement items are available. ‐ Maintain and repair broken sidewalks Role of the DIA: ‐ The DIA is responsible for daily monitoring of Commons amenities and shall report problems pertaining to damaged, worn, or missing items to the City in a timely fashion. ‐ Monitor sidewalks in the BID and report any issues or problems to the DPW in a timely fashion. 9. Plantings and Landscaping Maintenance The City shall be responsible for the following: ‐ The City shall be responsible for the maintenance, watering, and pruning/replacement of Commons trees and shrubs. ‐ Dead or diseased trees or shrubs should be removed and replaced in a timely fashion. ‐ Each year, the City and DIA shall prepare a watering plan that designates and assigns responsibilities for watering of the various Commons planting beds. ‐ The City shall maintain and make available to the DIA water spigots for the maintenance of Commons planting beds and for other maintenance and DIA special events purposes. ‐ Provide necessary soil and mulch for Commons planters, both movable and permanent. ‐ The City DPW (Forester) shall be responsible for the periodic tree and bush trimming and replacement as necessary. ‐ A plan for Commons tree management shall be prepared and followed on an annual basis to ensure the urban street trees planted on the Commons are both healthy and sized appropriately for the pedestrian mall. ‐ The City is responsible for the maintenance, repair, and replacement of tree grates and/or tree pits in downtown. ‐ Broken tree grates and/or tree pits that pose dangers to pedestrian safety should be repaired in a timely manner. ‐ The City Commons crews shall work with DIA ambassadors and CCE workers to haul away weeds and bedding debris. ‐ City crews shall be responsible for weed control and removal in public plazas and sidewalks on the Commons and the surrounding adjacent Commons blocks. Role of the DIA: ‐ The DIA, working with the Tompkins County Room Tax Program and its contractor- Cornell Cooperative Extension (CCE), will be responsible for annual flower plantings in the movable and the small permanent annual gardens. ‐ The DIA will undertake Common planting bed and planter watering in conjunction with the annual watering plan prepared by the City Commons crew and the DIA Operations Director. ‐ It is important to note that the current planting program is made possible from grants received from the Tompkins County Room Tax Program. Should funding from the Room Tax program be reduced or eliminated, the City and the DIA will need to jointly meet to collaborate on a new strategy for Commons planting. ‐ DIA shall be responsible for supplemental weed control and removal in public plazas and sidewalks on the Commons and the surrounding adjacent Commons blocks. ‐ The DIA shall take the lead in weeding of Commons planter beds, with assistance from Commons Crews. ‐ The DIA shall report to the City Commons crew on a daily basis the need to haul/remove any weed or planting bed debris piles. ‐ The DIA shall work with CCE to spread soil and mulch as necessary. ‐ The DIA shall monitor tree grates and tree pits and reports any issues or problems to the City DPW on a timely basis. ‐ The DIA shall monitor trees in the district and report issues or problems to the DPW for remedy. 10. Capital Maintenance Plan The City shall be responsible for the following: ‐ To create a long term, multi-year plan for capital maintenance and replacement for the Commons and its various elements, features, and amenities. ‐ The City shall work with the DIA to develop both capital replacement and annual maintenance plans for the downtown district. Role of the DIA: ‐ To assist the City in the creation of a long term, multi-year capital maintenance and replacement plan for the Commons and the Downtown District. 11. Water Usage The City shall be responsible for the following: ‐ Maintain and keep in good working order the water spigots for the Commons. ‐ In the event of a drought, the City will work with the DIA to attempt find alternate sources of water. 12. Parking The City shall be responsible for the following: ‐ The City (DPW parking staff and/or the City’s designee in the case of Cayuga Garage) shall be responsible for the daily monitoring, cleaning, maintenance, and repair of downtown City garages) inspections of stairwells and elevators for cleanliness and operability. ‐ Daily cleaning shall consist of litter patrol and pick up, light bulb replacement, as well as sweeping (during appropriate seasons) of the garages. ‐ The City crews shall remove graffiti tags from the garages on a timely basis. ‐ The City shall maintain an ongoing elevator maintenance program in order to repair broken elevators on a timely basis. ‐ The City (BPW) is responsible for the annual setting of parking rates. ‐ The City shall consult with the DIA prior to setting rates to better understand and receive input on rate structure from the downtown stakeholder/user community and will explore alternative parking options, such as merchant validation and merchant discount programs. Role of the DIA: ‐ The DIA shall conduct regular monitoring of the garages and report any issues or problems to the City Parking Director on a timely basis. ‐ The DIA shall communicate with merchants and the business community to determine their parking needs and relay that information to the City. 13. Home Dairy Alley, Butterfly Alley, and Baby Bank Alley The City shall be responsible for the following: ‐ The City shall maintain a public right of way easement in Home Dairy Alley. ‐ The City shall be responsible for the maintenance and repair of Home Dairy Alley and the area known as Butterfly Alley underneath the Green Garage. ‐ The City shall negotiate with the abutting buildings to ensure that there is adequate and sufficient sidewalk street light for Home Dairy Alley and Butterfly Alley. ‐ The City is the owner of the alley located perpendicular to Bank Alley, adjacent to the Tompkins Trust Company and behind the Commons storefronts on the northside of the pedestrian mall. ‐ The City shall work with abutters to maintain a clean, litter and debris free alley. ‐ The City shall maintain and repair the large poster cabinets located in Home Dairy Alley. Role of the DIA: ‐ The DIA shall include Home Dairy Alley and Butterfly Alley in its supplemental cleaning program. ‐ The DIA shall be able to use the city-owned poster cabinets in Home Dairy Alley for the display and posting of downtown information as well community events and activities. ‐ The DIA shall be able to use temporary signage in the Butterfly Alley area to promote DIA sanctioned downtown programs, events, and promotions. ‐ The DIA shall monitor the condition of Baby Bank Alley and report any issues or problems to the DPW on a timely basis. 14. Special Events The City shall be responsible for the following: ‐ The City DPW crews shall review DIA post major event conditions and report them to the DIA for immediate remedy. If the DIA is unable or unwilling to correct conditions on a timely basis, the City DPW shall correct these conditions and bill the DIA for the cost of such remedies. ‐ The City shall provide a staging/collection area for the DIA to stockpile trash during major DIA events. ‐ The City shall provide the DIA with additional trash receptacles at no additional cost for trash management during major permitted events. The City shall exempt the DIA from special event permit fees for major events that are mutually identified for such exemption by both the City and the DIA. Role of the DIA: ‐ The DIA is responsible for cleaning up immediately after every DIA organized downtown event, returning the venue to a normal, every-day condition. This should be done in a timely fashion, no more than 24 hours after the end of any event. ‐ The DIA will be responsible for the collection of extra-ordinary trash generated by permitted DIA major special events. 15. Electrical Usage The City shall be responsible for the following: ‐ Allowing the DIA use of electricity for its Downtown maintenance efforts, events and promotions at no charge. Use of electricity for events will require a normal permit from the City. 16. Public Art and Murals The City shall be responsible for the following: ‐ The City will continue to allow the DIA to maintain existing art pieces in the downtown. ‐ The City will continue to encourage the use of murals on both public and private spaces to enhance the aesthetics of the downtown district. ‐ Murals on city-owned spaces should receive the recommendation of the Public Arts Commission and approval from the Common Council. ‐ The City shall continue to provide insurance coverage for the temporary art pieces. ‐ The City shall assist in the installation, relocation and removal of art pieces, subject to advance notice and scheduling constraints. Role of the DIA: ‐ The DIA shall be permitted to organize and implement a downtown outdoor temporary sculpture/art program, as funding allows. ‐ The DIA will involve appropriate City staff in the selection and placement of the art pieces. ‐ With the exception of insurance and installation, the DIA shall be responsible for the costs associated with any temporary art program the DIA organizes. ‐ The DIA owns and exhibits arts pieces in downtown and shall be permitted to allow such pieces to remain in place subject to City need of the occupied space for construction or some other issue that would require removal or relocation of the piece. The DIA shall be responsible for the maintenance and repair of these pieces. ‐ The DIA will work with the Public Arts Commission on locations for new permanent art pieces in the downtown on City owned property. ‐ The DIA will continue to pursue the use of murals as a tool for streetscape enhancement. MOU TERM AND LIMITATIONS Amendments to this MOU can be made at any time with the approval of both the City Common Council and the DIA Board of Directors. This MOU is intended to serve for seven (7) years from the signing of this document. However, both during the seven year term and thereafter, this MOU shall remain in force until it is modified, replaced, or terminated by either party at their sole discretion on not less than six (6) months’ written notice to the other party. Notwithstanding any other provision herein, this MOU shall under no circumstance legally bind the City or DIA to—or support the imposition of liability or equitable or injunctive relief for any failure to—provide or refrain from providing any service, or to act or refrain from acting in any manner whatsoever. Neither is it the intention of either party to this MOU that there be any third-party beneficiaries to this MOU, or that this MOU shall alter, expand or diminish any legal right or obligation of either party existing independent of this MOU. It is also recognized by the parties to this MOU that all services provided and commitments made by the City are subject to the budgetary discretion of the City or DIA and may vary above or below described or customary levels, those levels and descriptions in this MOU being aspirational only. 2017 Primary and Secondary Commons Annual Maintenance and Work Plan Daily Tasks Responsible Party Police Coverage-Goal of Visible Presence on the Commons IPD Security Camera Maintenance –Inspect and Make any Necessary Repairs or Adjustments DPW Act as a Liaison between merchants, police, and Commons Users Outreach Worker Ensure a high level of visibility to the general public on the primary and secondary Commons, providing a sense of security and reassurance CSO Provide mechanized sweeping of the Commons, Home Dairy Alley, Butterfly Alley between the months of April and October, and subject to appropriate weather conditions DPW During 1st or 2nd shifts, conduct any needed hand litter clean up during or following mechanized tours. DPW/DIA Ambassadors Unlock/unchain designated movable tables and chairs each morning and to secure the same tables and chairs each evening. DPW Provide the locks and cable needed to secure street furnishings. DPW To market the availability of shared compactor programs to downtown businesses. DIA Empty trash cans along the following blocks as needed: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks, the Creek walk pedestrian way, and the 100 and 200 East Seneca Street blocks. DPW Monitor illegal use of trash cans for the dumping of household and/or business garbage and to implement steps to fine abusing parties. DPW Provide a location for the temporary storing of trash bags from cans and dispose of trash bags on a timely basis so as to avoid odor and unsightly piles. DPW Inspect Commons area trash receptacles at least once each morning and afternoon.-This was daily trash removal DPW Identify and report full or over flowing cans to City crews DIA Provide supplemental assistance to City crews in emptying cans when City crews are unavailable or deployed on other assignments. DIA Identify cans in need of cleaning and report these cans to the City Commons crews. DIA Provide a facility for downtown businesses and residents to utilize a shared trash compactor and shared recycling compactor DPW Manage content of electronic kiosks, INCLUDING REGULAR CHECKS, NOT LESS OFTEN THAN DAILY, THAT THE CONTENT IS CORRECTLY DISPLAYINING ON THE KIOSKS. DIA Monitor Commons amenities and report problems pertaining to damaged, worn, or missing items to the City in a timely fashion. DIA Report to the City Commons crew on a daily basis the need to haul/remove any weed or planting bed debris piles. DIA Monitor the reading room program on a daily basis, including closing it up in inclement weather. DIA Provide supplemental cleaning services on the Creek Walk. Litter patrol shall be undertaken during Apr – Oct at least once daily. DIA Monitoring, cleaning, maintenance, and repair of downtown City garages. DPW Garage litter patrol and pick up and light bulb replacement, as well as sweeping DPW Monitor the garages and report any issues or problems to the City Parking Director on a timely basis. DIA Morning and Afternoon inspections of stairwells and elevators for cleanliness and operability. DPW Cleaning of parking garage stairs and elevator DPW Conduct regular monitoring of the garage stairwells and elevators and report any issues or problems to the City parking Director on a timely basis. DIA Report to the City the need to haul/remove weed or planting bed debris piles DIA Plant, Care, and maintain annual flower plantings in the movable and the small permanent annual gardens, including watering. DIA (CCE Staffed, TC Room tax Funded) Maintain perennial planter beds on the Commons. CITY Monitor the outdoor reading room program and close it in the event of inclement weather DIA Monitor Commons table umbrellas, including opening them in the morning, and closing and removing them in the evenings and in inclement weather. DIA-lead, CITY- assist Monitor the outdoor dining facilities for compliance with the designated boundaries and other program rules CITY/DIA Ensure that Pavilion lights are functioning properly DPW Daily Winter Tasks Responsible Party Provide timely snow plowing on key downtown sidewalks (off the Commons) including the following: 100 West State Street, 300 East State, 100 N. and 100 S. Cayuga Street, 100 N and 100 S. Cayuga Streets, Northside of Green Street in the 100W and 100 and 200 E blocks, Southside of Aurora in the 100 North block, the Southside of Seneca in the 100 and 200 North blocks, and along the frontage of the Seneca Garage. DPW Provide timely plowing of snow on the Commons, including Home Dairy Alley and Butterfly Alley. DPW Provide supplemental assistance to City crews in hand snow shoveling on the Commons as needed when city crews are deployed elsewhere in downtown or are not available on a timely basis. DIA Weekly Tasks Responsible Party Provide at least weekly mechanized sweeping during spring, summer, and fall months (typically Apr – Oct) for the following: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks (north side), the Creek walk pedestrian way, and the 100 and 200 East Seneca Street blocks (south side). DPW Provide hand litter pick up on the following blocks during the spring, summer and fall months (typically Apr-Oct) at least twice weekly: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks, the Creek walk pedestrian way, and the 100 and 200 East Seneca Street blocks. DPW Inspect downtown lighting and replace any non-functioning bulbs DPW Monthly Tasks Responsible Party Create and distribute monthly downtown conditions reports for the City. DIA Quarterly Tasks Responsible Party Meet jointly to discuss issues and concerns. City/DIA Meet quarterly with City Police representatives to discuss issues and concerns. IPD/DIA Seasonal Tasks Responsible Party Provide convenient and appropriate storage space available near to the Commons for City and DIA maintenance equipment and supplies, as well as DIA seasonal decorations and special event equipment and supplies. City Provide the City with an inventory/roster of items appropriate for joint storage that relate to Commons maintenance and management, including special events and seasonal DIA Assist in the installation of holiday/seasonal decorations, particularly with locations that require installation in lanes of active traffic and at heights beyond normal extension ladders. DPW Allow storage of seasonal decorations in the Commons maintenance storage area(s). DPW Cover the costs of electricity used by the decorations. City Plan, procure, and fund the acquisition of holiday decorations for the Commons and surrounding areas. DIA To monitor the seasonal/holiday light program and provide feedback as appropriate. City To maintain, repair, and/or replace seasonal/holiday lights as necessary. DIA Purchase and install LED lights on Commons trees to provide year round lighting and ambience. DIA Annual Tasks Responsible Party Maintain Security Cameras in good working order DPW Set a policy for retention of security camera footage and appoint staff for review of footage CITY Report any incidence of vandalism or any broken cameras DIA Provide financial support to outreach worker program CITY/DIA Evaluate Outreach Worker Program CITY/DIA Provide necessary and appropriate police liaison with the outreach worker program CITY Promote the outreach worker program to the downtown business community DIA Assist the DIA ambassador program in training pertaining to methods of observation, recording and reporting incidents, and dealing with difficult situations. Wherever possible, seek to integrate both ambassadors and IPD personnel in available and appropriate diversity and accessibility training modules. CIY/IPD Training of ambassador on how to engage with the public, with difficult people and how to report criminal activities DIA/CITY Work with DIA to change Commons banners once a year at no charge to the DIA. DPW Be permitted to organize and implement a street light pole banner program on appropriate selection light poles along Green Street , Seneca Street, Aurora Street, Cayuga Street, and the 100 West State and 300 East State blocks. DIA Commons Crew should participate in hospitality and diversity training provided annually by the DIA and the City. City/DIA Provide to the City (DPW) a list of DIA events for each year no later than the end of February and submit requests for usage of the Bernie Milton Pavilion at least a month prior to the event. Submit all necessary paperwork as early as possible DIA Manage Pavilion Reservations and ensure that the pavilion is reserved for major DIA and other recurring special events that have been identified ahead of time in January/February of each year. CITY Ensure all required event paperwork is submitted in a timely manner to the City. DIA As Needed Tasks Responsible Party Repair any broken security cameras DPW/City Make adjustments to security cameras DPW/City Determine on an annual basis if cameras are properly sited or need to be adjusted or moved to improve their utilization (IPD, DPW, DIA) Conduct periodic street sweeping in downtown at least once each quarter, except during winter. DPW Provide assistance in installing banner hardware and banners on light poles in downtown along Green Street , Seneca Street, Aurora Street, Cayuga Street, and the 100 West State and 300 East State blocks (City Electrician). Provide emergency repairs to banners and/or hardware as necessary. DPW Create, install, and remove DIA specific temporary event and promotion banners. DIA/CITY Provide at no additional costs to the DIA police coverage of core community events organized by the DIA on behalf of the City and the people of Ithaca. Core community events are defined as the major community events of the DIA- the Summer Concert series, the Apple Harvest Festival, the Holiday Festival, the Chili Cook-Off, and any other one-time or added events that are undertaken for the benefit of broader Ithaca community. IPD Assess and plan for security needs at DIA downtown events DIA/IPD Cover any extra-ordinary security costs, AND TO COVER ALL SECURITY COSTS of DIA organized events not DEEMED BY THE CITY TO BE core community events. DIA The City DPW crews shall review DIA post major event conditions and report them to the DIA for immediate remedy. If the DIA is unable or unwilling to correct conditions on a timely basis, the City DPW shall correct these conditions and bill the DIA for the cost of such remedies. DPW The DIA is responsible for cleaning up immediately after every DIA organized downtown event, returning the venue to a normal, every-day condition. This should be done in a timely fashion, no more than 24 hours after the end of any event. DIA The DIA shall work with the CVB and with individual tour bus operators to organize bus trips to downtown. The DIA to work with the City to locate places for tour bus operators to pick-up and discharge patrons and to store their buses while patrons are visiting downtown. DIA/CITY Provide necessary soil and mulch for Commons planters, both movable and permanent and for Creek Walk planting beds. CITY Work with CCE to spread soil and mulch as necessary. DIA Repair and replace the four (4) newspaper corral boxes on the Commons and remove any unauthorized private newspaper boxes from the Commons on a timely basis. DPW Manage the programming for the newspaper boxes with approval of the Commons Advisory Board DIA Power wash trash cans and clean underneath and around as needed DPW Control and remove weeds from public plazas and sidewalks on the Commons DPW Weed the Commons Planter Beds DIA-Ambassadors Repair/Replace broken tree grates and/or tree pits in a timely manner DPW Periodically trim bushes and trees and replace, if necessary DPW Monitor and remove graffiti on public spaces DPW Prepare a plan for Commons tree management to ensure the urban street trees planted on the Commons are both healthy and sized appropriately for the pedestrian mall. CITY/DIA Prepare annual watering plan that designates and assigns responsibilities for watering of the various Commons planting beds. CITY/DIA Create a Reserved Space for an Outdoor Reading Room CITY/DIA Create and Organize and Outdoor Reading Room and provide recognition to the program donor DIA Maintain and repair skateboard guards on Commons DPW Watch for and enforce infringements to the “no skateboarding on the Commons” ordinance. IPD Purchase, Maintain, and Replace umbrellas for Commons table equipped with umbrella holes DIA Clean glass Bernie Milton Pavilion Roof CITY **Add tasks associated with water feature maintenance 14. MAYOR’S APPOINTMENTS: 14.1 Appointments to the Local Advisory Board of Assessment for the City of Ithaca – Resolution RESOLVED, That Jonathan Greene, Jesse Hill, and Marshall McCormick be appointed to the Local Advisory Board of Assessment Review for the City of Ithaca for 2017. 14.2 Appointments to the Rental Housing Advisory Commission – Resolution RESOLVED, That Xavier Rusk be appointed to the Rental Housing Advisory Commission to replace Ashley Popp with a term to expire December 31, 2019; and be it further RESOLVED, That Sara Koste be appointed to the Rental Housing Advisory Commission to replace Julie L. Paige with a term to expire December 31, 2018. 14.3 Reappointments to Rental Housing Advisory Commission – Resolution RESOLVED, That Sean Hillson be reappointed to the Rental Housing Advisory Commission with a term to expire December 31, 2019; and, be it further RESOLVED, That Richard Cowan be reappointed to the Rental Housing Advisory Commission with a term to expire December 31, 2019.