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HomeMy WebLinkAboutMN-PLED-2017-02-08 Approved at the March 8, 2017 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, February 8, 2017 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Josephine Martell, Cynthia Brock, Rob Gearhart, and Steve Smith Committee Members Absent: None Other Elected Officials Attending: Mayor Svante Myrick (joined the meeting at 6:17 p.m.); Alderpersons Kerslick, McGonigal, and Nguyen. Staff Attending: Lisa Nicholas, Senior Planner; Jennifer Kusznir, Senior Planner; Megan Wilson, Senior Planner; Nels Bohn, Director, IURA; Deborah Grunder, Executive Assistant Others Attending: Steve Flash, Noah Demarest, Jean Grace, Phil Maguire, and Tom Schickel Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review No changes were made to the agenda. 2) Public Comment and Response from Committee Members Ben Brotman, 1 Johnson Street, commented on the importance of grain storage for a brewpub. Encourages the committee to allow outside storage, i.e. silo use. A silo will also reduce waste. Jamie Tielers, 4845 East Seneca Street, Trumansburg, also spoke on the importance of silo storage for brewpubs. Nina Bassuk, 1345 Mecklenburg Road, Chair, Shade Tree Advisory Committee. This committee would like to make their recommended changes to the site-plan review ordinance. Approved at the March 8, 2017 PEDC Meeting Laurene Gilbert, Shade Tree Advisory Committee member and helped with the proposed changes in the site-plan ordinance. It is very important that trees are planted the correct way and in the correct place. These recommendations were written over two years ago, and it is not yet in the City code. Pamela Markham, 520 Chestnut Street, has lived in the same place for many years. She has seen a lot of development over the years – green space and trees have been removed. She would like to see the plants and/or trees that are chosen are the best for the area and would survive without complicating the developer’s plans. Debra Stanton, 105 Cascadilla Street, long time member of Ithaca and a long-time member of the Shade Tree Advisory Committee. She is concerned that we run the risk of becoming a concrete city. We need to handle trees already planted and development of new projects. The Committee is not trying to complicate the development process, but developers need the information necessary to plant which trees to survive. These are helpful specifics not yet in the Code. Beverly Hillman, 159 Ellis Hollows Road, has a shared relationship with the Shade Tree Advisory Committee and the Ithaca Garden Club. Things need to move along with best practices that have been talked about. Please let these best practices that have been sitting on one’s desk for two years be put into place. Mayor Myrick joined the meeting at 6:17 p.m. 3) Updates, Announcements, Reports a) Electric Cars Nick Goldsmith explained a new project underway of added new charging stations for electric car use within the City. Alderperson Kerslick asked whether Cornell is on board with this project. Goldsmith stated Cornell is already doing this and is on board. Alderperson Brock asked whether all the City garages will be included in this project. Goldsmith stated there hasn’t been a decision made as to where the charging stations will be, but he did think that at least one of the City downtown garages will house one of the charging stations. Alderperson Brock stated that many people she has talked to would like to see Wegmans be home of the one of the charging stations. Approved at the March 8, 2017 PEDC Meeting 4) Action Items (Voting to send onto Council) a) Allowing Dogs in Stewart Park An Ordinance to Amend Chapter 336, Article II, “Stewart Park,” of the City Municipal Code to Allow Dogs in Portions of Stewart Park – Declaration of Lead Agency for Environmental Review Moved by Martell, seconded by Brock. Passed unanimously. 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 itse lf 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. An Ordinance to Amend Chapter 336, Article II, “Stewart Park,” of the City Municipal Code to Allow Dogs in Portions of Stewart Park – Determination of Environmental Significance Moved by Alderperson Martell; seconded by Alderperson Brock. Passed unanimously. 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 Approved at the March 8, 2017 PEDC Meeting 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. Alderperson Brock voiced her concern that dogs not be allowed in the Fuertes Bird Sanctuary or near the swan pond. She wants to make sure we will still allow a continuous trail throughout the area. A friendly amendment was made to limit dogs in the boathouse area in addition to the bird sanctuary and swan pond. Alderperson Kerslick stated that if the Cayuga Waterfront Trail has signage, the Stewart Park signage should be consistent. Rather than make changes to the ordinance, suggested changes can be enforced via signage. An Ordinance Amending Chapter 336, Article II, “Stewart Park,” of The Municipal Code Of The City Of Ithaca to Allow Dogs in Portions of Stewart Park Moved by Alderperson Martell; seconded by Alderperson Brock. Passed unanimously with recommended amendments. 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 Approved at the March 8, 2017 PEDC Meeting 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, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: ORDINANCE NO. Section 1. Section 11, Dogs, of Chapter 336, Article II, Stewart Park 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. 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. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. b) Temporary Altar in Dewitt Park Resolution to Approve a Temporary Community Altar in DeWitt Park Moved by Alderperson Gearhart; seconded by Alderperson Martell. Passed unanimously. WHEREAS, the City has received a proposal from Christina Coleman and Charity Burger, on behalf of Your 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, Approved at the March 8, 2017 PEDC Meeting 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 13, 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 Your Art Club monitors the contributions to the altar as well as its condition daily, and WHEREAS, pursuant to City Code Chapter 170 “Use of City Real Property”, any nontransitory use of City parkland requires a license, and specifies that the use fee be waived for any minor encroachment; and WHEREAS, Section 170-5(G) vests in the Common Council sole authority to grant approval of any license to make nontransitory use of City parkland; and; now, therefore, be it RESOLVED, That Common Council finds that the proposed art installation constitutes a public recreation-related use of DeWitt Park and is not expected to significantly compromise the public’s ability to enjoy the park as intended; and be it further RESOLVED, That Common Council approves the installation of Your Art Club’s proposed community altar in DeWitt Park for a period not to exceed 30 days, and be it further RESOLVED, That Your Art Club may proceed with the installation upon the execution of an agreement with the City as reviewed by the City Attorney, with such agreement requiring the artists, on a daily basis, to clean-up and maintain the area surrounding the installation, and upon termination of the license period, to remove the altar and deliver the premises in as good order and condition as at commencement of the installation. Megan Gilbert stated the Public Art Commission has not made their recommendation yet. Parks Commission reviewed this is January, and they were fine with it since it is temporary and will be monitored. City Attorney Lavine stated that since this is park land the decision must be made by Common Council. c) Memorandum of Understanding (MOU) with the Downtown Ithaca Alliance Memorandum of Understanding for Base Level Services between the City of Ithaca and the Ithaca Downtown Business Improvement District – Resolution Moved by Alderperson Gearhart; seconded by Alderperson Smith. Carried unanimously. Approved at the March 8, 2017 PEDC Meeting 1. 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 2. WHEREAS, the Downtown Ithaca Alliance (formerly known as the Do wntown 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 3. WHEREAS, State law requires that BIDs and municipalities clearly delineate base services as those provided by the municipality, and 4. 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 5. WHEREAS, the agreement was last updated in September of 2006, and 6. 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 7. 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 8. 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 9. WHEREAS, the memorandum of understanding is intended to be a longer term agreement that is signed by the City and the DIA, and 10. 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, and NOW THEREFORE, be it 1. RESOLVED, that the City and the DIA agree that the Memorandum of Understanding shall be modified, be it further 2. 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 3. 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. Approved at the March 8, 2017 PEDC Meeting 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 Approved at the March 8, 2017 PEDC Meeting 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 Approved at the March 8, 2017 PEDC Meeting - 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: Approved at the March 8, 2017 PEDC Meeting - 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. Approved at the March 8, 2017 PEDC Meeting 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 Approved at the March 8, 2017 PEDC Meeting 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. Approved at the March 8, 2017 PEDC Meeting - 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 Director of 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 Approved at the March 8, 2017 PEDC Meeting - 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. Approved at the March 8, 2017 PEDC Meeting - 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 condi tions 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. Approved at the March 8, 2017 PEDC Meeting - 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. Approved at the March 8, 2017 PEDC Meeting 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 part y 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. Approved at the March 8, 2017 PEDC Meeting 2016 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 Approved at the March 8, 2017 PEDC Meeting 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 Approved at the March 8, 2017 PEDC Meeting 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 DPW Approved at the March 8, 2017 PEDC Meeting walk pedestrian way, and the 100 and 200 East Seneca Street blocks. 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 Approved at the March 8, 2017 PEDC Meeting 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 Approved at the March 8, 2017 PEDC Meeting 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 DIA/CITY Approved at the March 8, 2017 PEDC Meeting 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. 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 Approved at the March 8, 2017 PEDC Meeting 5) Action Items (Voting to Circulate) a) Amendment to Zoning to Allow Brewpubs and Other Uses ORDINANCE NO. ____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning, be amended as follows: Section 1. Section 325-3B, entitled, “Definitions and Word Usage,” is hereby amended to add the following definitions: Urban Beverage Producer — An establishment licensed by the State of New York to sell alcohol (whether beer, cider, wine and/or liquor) at retail with limited manufacturing and wholesale privileges. An urban beverage manufacture may not produce more than 5,000 barrels or 75,000 gallons of alcoholic beverages annually at any location. An urban beverage producer must offer on-site consumption, but may also produce beverages for off-site sale. An urban beverage producer may also have a restaurant in or adjacent to it, as permitted by law. An urban beverage producer may NOT contain external tanks for storage of raw materials or beverages. Large Beverage Producer — An establishment licensed by the State of New York to manufacture alcohol (whether beer, cider, wine and/or liquor) with wholesale and retail privileges. A Large Producer may not produce more than 15,000 barrels or 250,000 gallons of alcoholic beverages annually at any location. A Large Producer may have a restaurant in or adjacent to it, as permitted by law. Tavern — An establishment for the sale of beer and other drinks to be consumed on the premises, sometimes also serving food. Section 2. Section 325-8 of the Municipal Code of the City of Ithaca, entitled District Regulations, is hereby amended in order to add Urban Beverage producer as an allowable primary use in the B -2a district and a Large Beverage Producer as an allowable use in the B-5 district. Section 3. Section 325-8 of the Municipal Code of the City of Ithaca, entitled District Regulations, is further amended to add the following allowable accessory use in the B-2 zones: Incidental parking for any uses allowed in any of the B2 zones. Section 4. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the District Regulations Chart in accordance with the amendments made herewith. Section 5. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 6. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Approved at the March 8, 2017 PEDC Meeting Alderperson McGonigal stated he sees no reason to not let this happen. Alderperson Brock stated that she attempted to have a conversation with Fire Chief Parsons about the liability of using such a silo, but that conversation didn’t occur. Alderperson Smith stated he would like the ordinance to stay as it is. No outside silos. Alderperson Brock stated she would also like the ordinance to remain as is. Alderperson Nguyen stated he would allow it. Alderperson Martell stated she doesn’t want to change the zoning for one particular business plan. Alderperson Gearhart stated for this particular project it makes sense, but to allow it for all would not be a good thing. It was decided that staff would further review the environmental review of the usage of the grain silos as an accessory use. b) Temporary Mandatory Planned Unit Development (TMPUD) Application – 323 Taughannock Boulevard. Steven Flash, the developer sated that this would be part of a housing association which could be purchased or rented. Each unit will be a separate tax parcel . TO: Planning and Economic Development Committee FROM: Jennifer Kusznir, Economic Development Planner DATE: February 1, 2017 RE: Temporary Mandatory Planned Unit Development Application for Rampart Real, LLC On January 18, 2017, the City of Ithaca received an application from Rampart Real, LLC, for a Temporary Mandatory Planned Unit Development (TMPUD) for a townhome project to be located at 323 Taughannock Boulevard. In accordance with §325-13 of the City Code, applications for any development within the boundary of the TMPUD will be evaluated using the following criteria, among others: (1) Is the project in accordance with the City Comprehensive Plan, which specifically lists the following: (a) Promoting mixed-use development, including commercial and housing. (b) Emphasizing waterfront activities. (c) Reducing impacts of parking. (d) Providing for additional employment opportunities. Approved at the March 8, 2017 PEDC Meeting (e) Promoting public access to the waterfront. (f) Enhancing and preserving any environmentally sensitive areas. The project involves the subdivision of the parcel and construction of 8 attached townhomes on Inlet Island, on a 0.242 acre lot. The townhomes will contain up to 2 dwelling units each for a maximum total of 16 units with up to 24 bedrooms total. The applicant is proposing zoning for the site that is identical to the City’s adopted WF-2 zoning ordinance. The Project Sponsor states many project benefits in the application such as:  This project is expected to the increase to the tax roll value of new real property by $2‐3 Million  The project creates housing to help meet the current demand and significantly increases the tax base.  The project removes a longtime vacant dilapidated building and improves the public’s waterfront experience. The building will be deconstructed and many materials will be salvaged by Finger Lakes ReUse.  The project creates live/work units which may provide opportunities for jobs. The application has been reviewed by staff for completeness and has been found to be satisfactorily complete for distribution and review. Should the committee be in agreement, this application will be circulated for comments and a public information session will be held, in accordance with the Temporary Mandatory Planned Unit Development (TMPUD) requirements. The tentative date for the Public Information Session is Monday February 27, 2017 at 5pm in Common Council Chambers. If the Committee is in agreement, staff will begin this process and return in September with any comments that are received. Please see the attached resolution for your consideration. If you have questions or require additional information, please feel free to contact me. Approval to circulate moved by Alderperson Brock; seconded by Alderperson Smith. Passed unanimously. 6) Discussion a) Changes to Project Review Criteria – Plan Material and Maintenance JoAnn Cornish will go through the document changes from the Shade Tree Advisory committee and the Planning Board site-plan review ordinance and send her findings to the Shade Tree Advisory Committee and ask the committee to come back next month. b) Maguire Interest in Southwest Park The Maguire Group would like to purchase the entire parcel from the City. Due to the wetlands there will be many state and federal regulations. Approved at the March 8, 2017 PEDC Meeting If they purchase of this property, they would sell the Carpenter Business Park property. The consensus of the group is to look further into this proposal. Alderperson McGonigal is relunctant to sell all the property. Currently the facilities master committee is looking at this property for DPW and TCAT. Chair Murtagh and JoAnn Cornish stated the next steps would be to create a timeline and the number of acres needed for the move of DPW and TCAT. 7) Review and Approval of Minutes a) January 2017 Moved by Alderperson Brock ; seconded by Alderperson as amended with Alderperson Brock’s requested changes. Passed unanimously. 8) Adjournment Moved by Alderperson Gearhart; seconded by Alderperson Martell. Passed unanimously. The meeting was adjourned at 9:12 p.m.