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HomeMy WebLinkAboutMN-BPW-2010-09-22BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:48 p.m. September 22, 2010 PRESENT: Mayor Peterson Commissioners (6) – Jenkins, Brock, Wykstra, Goldsmith, Tripp, Warden OTHERS PRESENT: City Attorney – Hoffman Superintendent of Public Works – Gray Assistant Superintendent of Water and Sewer – Whitney Acting Assistant Superintendent of Streets and Facilities – Benjamin Common Council Liaison – Zumoff DAC Liaison – Roberts Executive Assistant – Gehring ADDITIONS TO OR DELETIONS FROM THE AGENDA: Commissioner Brock requested the addition of Item 9.2A to discuss scheduling a special meeting regarding the sidewalk program. No Board member objected. MAYOR’S COMMUNICATIONS: Mayor Peterson noted that she had received concerns from the Natural Areas Commission about the submission of the Environmental Assessment Form for the Columbia Street Pedestrian Bridge Project. Supt. Gray explained that the short Environmental Assessment Form had been completed, though he was unsure about the completion of the Long Environmental Assessment Form. COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: Stephanie Sechler, South Hill Terrace resident, addressed the Board regarding traffic concerns on South Hill Terrace due to the closure of Clinton/Prospect Streets. She stated that South Hill Terrace is being used as a short cut from 96B to downtown by motorists, with an increase in speeding and vehicles traveling the wrong way. She expressed concern for the safety of the residents and pedestrians. She requested better enforcement of traffic laws when Clinton and Prospect Streets are closed for the next construction project. Chloe Greenhalgh, South Hill Terrace resident, addressed the Board regarding her concerns about the traffic on South Hill Terrace. She stated she is a mother of a four year old that plays in their yard and she is worried about her child’s safety. Giuliano Lucatelli, owner of 205 Elmira Road, addressed the Board regarding the water leak on his property and to plead with the Board for financial assistance. He stated that there must have been a leak for over a year, but he found it only after calling NYSEG due to a gas leak. He explained that he has already paid thousands of dollars to repair the water leak and he does not have the funds to pay the water bill that the City sent him. Regina Deschere, South Hill Terrace resident, addressed the Board regarding traffic concerns. She stated she was present twenty years ago when the street was changed to one-way travel, and believes it really should not be a two-way street. RESPONSE TO THE PUBLIC: Supt. Gray stated that Ms. Sechler sent an e-mail to his office detailing the issues she expressed tonight. He had asked Traffic Engineer Tim Logue to create a memo for the Board explaining the issues and make recommendations. Mr. Logue noted in his memo that temporary traffic calming devices could be purchased, but on-street parking spaces would be lost. He is also obtaining traffic counts and other data for the area. Board of Public Works Page 2 September 8, 2010 Regular Meeting Commissioner Goldsmith expressed empathy for the neighborhood residents, and suggested making a physical change at the intersections to make it impossible for motorists to go the wrong way on South Hill Terrace. REPORTS: No reports were provided. ADMINISTRATION AND COMMUNICATIONS: Commissioner Tripp mentioned that the Planning and Development Board requested that she remained on the Board for the next few meetings to wrap up the Collegetown Terrace discussions. Mayor Peterson stated that Commissioner Tripp’s resignation date will be changed to coincide with the last Planning and Development Board meeting she plans to attend. VOTING ITEMS Request for Easement for 611 West Buffalo Street – Resolution (REVISED from 9/15/10 version) From City Attorney -- September 22, 2010 By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, James and Antoinette Iacovelli (hereinafter “Iacovelli”), owners of record of the property at 602-612 W. Seneca Street (Tax Map Parcel No. 59-7-17), in the City of Ithaca, have requested permission to use an adjacent parcel owned by the City of Ithaca (611 W. Buffalo Street, Tax Parcel No. 59-7-9) in order to provide ingress and egress to a 14-space parking lot proposed to be constructed by Iacovelli in the northwesterly corner of Iacovelli’s property, to serve a 24-unit rental complex to be constructed at that site; and WHEREAS, the City-owned parcel is currently a parking lot intended for use by residents in the neighborhood in its vicinity; and WHEREAS, the parking area proposed by Iacovelli would in effect act as an extension of the City-owned parking lot, with ingress and egress to be achieved by way of a continuous north-south aisle from W. Buffalo Street, as illustrated on a site plan map prepared by L. Fabbroni, P.E., for “Iacovelli 612 W. Seneca Apartments,” dated 7/15/10; and WHEREAS, the Superintendent has reviewed this request and does not anticipate any conflicts in the near future, from a public works standpoint, with the proposed shared use of the property at 611 W. Buffalo Street; and WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca stipulates that as a general practice the City shall receive value equivalent to fair market rent for the use of City land by others; and WHEREAS, while the Board of Public Works has not yet adopted a schedule of fees for such usage, pursuant to Chapter 170, the City nevertheless has an estimate of the fair market rental value, generally, of (unimproved) “prime commercial highway land” (e.g., along Route 13), from a professional appraiser retained by the City, which base value (assuming a rate of return of 10% for the City, as the appraiser recommends) is $0.95 per square foot per year; and WHEREAS, the City-owned land through which access is requested has been improved by the City, which improvements include a concrete driveway apron from Buffalo Street, a concrete sidewalk between the apron and the parking area, and an asphalt surface on the parking area; and WHEREAS, the City’s appraiser has valued said improvements (assuming that 50% of their original value has been lost through depreciation), and has concluded that they add $0.29 per square foot per year to the base value (for a total of $1.24/square foot/year); and Board of Public Works Page 3 September 8, 2010 Regular Meeting WHEREAS, to provide the requested access to a parking area at the rear of 602-610 W. Seneca Street, Iacovelli would require shared use of a corridor through the City-owned parcel at 611 W. Buffalo Street, approximately 15 feet wide by 130 feet in length (to the street line), comprising approximately 1,950 square feet, the fair rental value of which area, including the afore-mentioned improvements provided by the City, is $2,418/year (which value is intended to incorporate the effect of additional wear and tear upon the City’s improvements); and WHEREAS, the use requested by Iacovelli is not expected to interfere with normal use of the City’s parking area by others, and therefore represents a shared use (of the access corridor), for which reason the City’s appraiser recommends a 50% reduction in the rental amount – i.e., to $1,209 per year; and WHEREAS, Iacovelli has indicated an interest in plowing and removing snow from parts of the City lot during the term of the license, for the sake of efficiency and at Iacovelli’s cost, in exchange for a reduction in the use fee, which service has been estimated by the Assistant Superintendent for Streets and Facilities to “cost” the City approximately $200 per year (not including “return trips” to the site during prolonged storm events or because of the presence of parked cars in the lot); now therefore be it RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon consultation with the City Attorney, to sign a revocable license/agreement containing the standard terms and conditions of such licenses (where applicable), that would permit Iacovelli to use the north-south access aisle of the City-owned parking lot 611 W. Buffalo Street for vehicular ingress and egress to and from the Iacovelli property at 602- 612 W. Seneca Street, upon its completed development as a apartment building, subject to any terms and conditions of final site plan approval of the project by the City’s Planning and Economic Development Board; and be it further RESOLVED, That the term of the license shall be one year from the “effective date,” which is the date of substantial completion of Iacovelli’s apartment building at 602-612 W. Seneca Street and the commencement of permitted use of the licensed area by Iacovelli (defined as the date of removal of the barrier referred to below); and be it further RESOLVED, That the license shall be subject to an initial, annual fee of $1,000 (to be paid upon execution, but to cover the one-year period that starts upon the effective date), which fee takes into account (1) the estimated fair rental value of the City land, as improved and assuming 50% depreciation for the improvements (approximately $2,400/year), (2) a 50% reduction in said value due to the shared nature of the licensed area (to $1,200/year), and (3) the value ($200/year) to the City of Iacovelli’s timely and effective removal of snow from the licensed area (and other parts of the City lot not occupied by parked vehicles); and be it further RESOLVED, That as part of the consideration to be provided by the licensee, Iacovelli shall be required to take responsibility, at licensee’s sole cost, for the timely and effective plowing and removal of snow from the central access aisle of the City-owned lot at 611 W. Buffalo Street and from any unoccupied parking spaces in the City lot (which snow shall generally be moved to a location not on City property); and be it further RESOLVED, That as conditions of the license, the licensee must agree (1) to maintain a clear, physical delineation, and appropriate signage, between the parking spaces on licensee’s property and those City property, and (2) to restore the appropriate full, physical separation and buffer between 602 – 612 W. Seneca Street and 611 W. Buffalo Street, on the property of licensee, including a privacy fence at least six feet in height and any required landscaping, upon the termination of the license by either party; and be it further RESOLVED, That the license agreement shall be executed as soon as is practical, but the permission it grants to use the licensed area shall not take effect until the substantial completion of Iacovelli’s apartment building at 602-612 W. Seneca Street; and the Board of Public Works Page 4 September 8, 2010 Regular Meeting license shall require Iacovelli to erect or leave in place until the effective date (as confirmed by the City) a barrier that effectively prevents vehicular passage between the City property and the Iacovelli property during that period. =============================================================== NOTE TO BOARD: Information received by the City from Pomeroy Appraisal Associates (in response to an inquiry regarding this license request) provides a range of fair rental values for “primary highway commercial land” (in the City) such as the lot at 611 W. Buffalo Street (improved in the way that it is, and assuming 50% depreciation of those improvements), tied to the rate of return sought by the City. The rates of return in the chart range from 7% to 13% (with Pomeroy suggesting 10% in this case). As noted above, Pomeroy also recommends a 50% reduction in rental value, based on the expectation of (roughly equally) shared use. At 7% (with a 50% reduction for shared use), the value is $0.43/square foot/year, and $846/year for this license. 8% = $0.50/sf, and $967/year for this license. 10% = $0.62/sf, and $1,208/year for this license. 12% = $0.74/sf, and $1,450/year for this license. 13% = $0.81/sf, and $1,571/year for this license. Lawrence Fabbroni, representative for the developer, joined the Board for the discussion of this item. City Attorney Hoffman noted the documents distributed to the Board prior to the meeting, including a revised proposed resolution and notes from the appraisal company. He explained that the appraiser produced a chart that incorporated the value for the improvements for paving and sidewalk repairs. He further explained that the appraiser’s fair rental value and the costs to the City for maintenance per year, which would be credited to the developer, ending with a fee of approximately $1,000 per year. Supt. Gray explained the memo he had distributed to the Board based on information from Asst. Supt. Benjamin. He noted that the developer is more than willing to remove the snow and maintain the lot, but will not paint the stripes on the lot. He further explained that if the plowing and maintenance costs are deducted, the annual fee would be $450. Commissioner Wykstra encouraged the Board to find a figure that is agreeable to both parties and move on. Discussion followed on the floor regarding the services expected to be provided by the property owner and the credits allowed. Mr. Fabbroni noted that the property owner owns multiple properties in the area nearby, and after the apartment complex is built, he will have a maintenance crew on staff everyday, which will assist the City with maintenance of the lot. Further discussion followed regarding the resolution as it was written and moved, the barrier between the municipal and private parking lots, and construction vehicles not utilizing the municipal lot as a driveway. Supt. Gray noted that the property owner may not agree to pay the license fee, but the residents of the apartment building will still have the right to utilize the municipal parking lot. Commissioner Brock noted that there are several situations in the City where maintenance of City property is provided by commercial businesses. She stated she does not agree with charging $1,000 annually and agrees with the arrangement proposed by Supt. Gray. Discussion followed on the floor regarding amending the resolution to modify the annual fee. Mr. Fabbroni noted that he is presenting to the Planning and Development Board the third week of September, and does not know if parking will be proposed. He noted that several commercial businesses are using the lot on a daily basis without paying the city at all. Board of Public Works Page 5 September 8, 2010 Regular Meeting City Attorney Hoffman expressed his opinion that it is good to look at this situation from the point of view of value for the City. He noted potential complications due to allowing outside parties to work on City property and suggested that Mr. Fabbroni notify the Planning and Development Board that the Board of Public Works is willing to issue the license as soon as a final fee is agreed upon. Motion to Table By Commissioner Goldsmith: Seconded by Commissioner Brock RESOLVED, That the Board table discussion of this item until the Board meeting on October 13, 2010. Carried Unanimously Motion By Commissioner Goldsmith: Seconded by Commissioner Wykstra RESOLVED, That the Board conceptually agrees to a right-of-way agreement with the developer to permit a parking lot on that piece of property and the terms will be worked out at the October 13, 2010 meeting. Carried Unanimously BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT: Declaration to Act as Lead Agency for the Environmental Review of the East Clinton Street Bridge/Prospect Street Reconstruction Project – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, State law and regulations and Section 176.6 of the City Code of the City of Ithaca require that a lead agency be established for conducting environmental review of certain proposed actions, in accordance with applicable law, and WHEREAS, State regulations and the City Code specify that the lead agency shall be that agency which has primary responsibility for undertaking, approving or funding the action, and WHEREAS, the East Clinton Street Bridge is located in the City of Ithaca and carries East Clinton Street (State Route 96B) over Six Mile Creek, and Prospect Street is a continuation of Route 96B from the eastern limits of East Clinton Street to South Aurora Street, and WHEREAS, the East Clinton Street Bridge has been rehabilitated numerous times and is in poor condition with areas of severe deterioration, and WHEREAS, Prospect Street and East Clinton Street were built in 1919, with a concrete base laid over native soils and surfaced with bricks, and that concrete base has deteriorated significantly, causing unstable conditions and potholes, and WHEREAS, to improve the streets to accommodate the current level of use, and to render them safer for motorists, bicyclists, and pedestrians, the City of Ithaca retained Delta Engineers, Architects and Surveyors to prepare a proposed design for the City’s replacement of the bridge and reconstruction of the street, and WHEREAS, on January 6, 2010, the Board of Public Works concurred with the preliminary project scope as presented by the consultant, and WHEREAS, in addition to the Board of Public Works, the Planning and Development Board and Common Council are involved agencies for this project, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works does hereby declare itself as lead agency for the environmental review of the proposed replacement of the East Clinton Street Bridge and reconstruction of Prospect Street (which includes increased bridge and roadway widths, changes in horizontal and vertical alignment, improvements to the Prospect Street and Turner Place intersection, construction of continuous sidewalks, construction of three new retaining walls, and construction of a separation island near the entrance to City View Apartments), and requests that staff provide notice of the same to all involved and interested agencies. Board of Public Works Page 6 September 8, 2010 Regular Meeting Amending Resolution By Commissioner Tripp: Seconded by Commissioner Jenkins RESOLVED, That the last Whereas clause be amended to read as follows: “WHEREAS, in addition to the Board of Public Works, the Planning and Development Board and Common Council are involved agencies for this project and neither the Planning and Development Board nor Common Council has objected to the Board of Public Work’s intention to act as lead agency for this project, now therefore be it” Carried Unanimously Main Motion A Vote on the Resolution as Amended Resulted as Follows: Carried Unanimously Bridge Systems Engineer Addisu Gebre joined the Board for the discussion of this item. Discussion followed on the floor regarding the completion of the Environmental Assessment Form. Clinton Street Bridge/Prospect Street Reconstruction Project Schedule - Discussion Supt. Gray explained that the schedule for construction will begin a little later than originally scheduled. WATER AND SEWER: Request for a Single Water/Sewer Connection for 519-525 North Aurora Street – Resolution By Commissioner Warden: Seconded by Commissioner Wykstra WHEREAS, Sue Cosentini, President of New Earth Living LLC, has requested that 519- 525 North Aurora Street be allowed to be serviced by a single water and a single sewer connection as allowed under Section 348-3 of the City’s Water and Sewer Code, and WHEREAS, under Section 348-3 a single principal water and sewer service may be allowed for a group of buildings under the same tenant occupancy, use and exclusive control upon permission and terms granted by the Board, in lieu of independent service pipes for each building, which is preferred and generally recommended by staff, and WHEREAS, Commissioner Warden and staff met with Ms. Cosentini on September 3, 2010, to review the request as well as staff concerns, now therefore be it RESOLVED, That a single principal water and sewer service will be provided with the understanding that these buildings are under a single ownership, with all bills and correspondence going to a single party and that should the property be subdivided at some future date and the buildings’ ownership broken apart, then the requirement for independent service pipes shall be reinstituted, and be it further RESOLVED, That New Earth Living LLC shall record a copy of this resolution with the County Clerk as it relates to the ownership requirements of the property at 519-525 North Aurora Street, known as Aurora Street Dwelling Circle, and that a copy of that filing will be provided to the City as part of the application for water and sewer service to this address. Amending Resolution By Commissioner Wykstra: Seconded by Commissioner Tripp RESOLVED, That the last Resolved clause be amended as follows: “RESOLVED, That New Earth Living LLC shall record a copy of this resolution with the County Clerk as it relates to the ownership requirements of the property at 519-525 North Aurora Street, known as Aurora Street Dwelling Circle, and that proof of such filing shall be provided to the City as part of the application for water and sewer service to this address and that proof of such filing shall be provided to the City as part of the application for water and sewer service to this address.” Carried Unanimously Board of Public Works Page 7 September 8, 2010 Regular Meeting Discussion followed on the floor regarding occupancy of the property, multiple tenants and one owner. Supt. Gray explained that New Earth Living will deal with the City as one entity rather than multiple customers. Mayor Peterson left the meeting at 6:25 p.m. Amending Resolution By Commissioner Goldsmith: Seconded by Commissioner Wykstra RESOLVED, That the first Resolved clause be amended as follows: “RESOLVED, That a single principal water and sewer service will be provided with the understanding that these buildings are under a single ownership, with all bills and correspondence going to a single party, New Earth LLC or its corporate successor (which party in effect constitutes a single tenant for property management purposes), and that should the property be subdivided at some future date and the buildings’ ownership broken apart, then the requirement for independent service pipes shall be reinstituted, and be it further” Carried Unanimously (Mayor Peterson Absent) Commissioner Warden expressed concerns regarding the design of the service. Supt. Gray explained that the owner did want to install a larger diameter service than normal for residential buildings. Main motion A Vote on the Resolution as Amended Resulted as Follows: Carried Unanimously City Attorney Hoffman and Supt. Gray left the meeting at 6:33 p.m. DISCUSSION ITEMS CREEKS, BRIDGES, AND PARKS Golf Course Executive Assistant Gehring explained the documents that were distributed to the Board with the data from municipal and state operated golf courses throughout New York State, along with position descriptions from the Civil Service Commission for Golf Course Management positions. Commissioner Brock expressed her concern that City concessions currently take a loss. Commissioner Tripp suggested that the Ithaca Youth Bureau run the clubhouse and concessions, but then alcohol would not be sold at the golf course. Discussion followed on the floor regarding the members of the subcommittee from 15 years previous regarding the golf course, and the Newman Golf Course Master Plan developed by Landscape Architect Rick Manning. ADMINISTRATIVE COMMUNICATIONS: Commissioner Jenkins presented Commissioner Tripp a Certificate of Appreciation for her service to the Board. Commissioner Tripp stated that it’s been a pleasure to work on the Board and to meet and work with everyone on the Board. The Board expressed its appreciation for her hard work and expertise. BPW Review of Charter, start at C-62 This item was not discussed. Funds for Cayuga Waterfront Trail – Update This item was not discussed. Sidewalk Program Meeting – Discussion This item was not discussed. Board of Public Works Page 8 September 8, 2010 Regular Meeting WATER AND SEWER Appeal of Water Bills for 109 North Cayuga Street – Discussion This item was not discussed. Appeal of Water Bills for 205 Old Elmira Road – Discussion This item was not discussed. Appeal of Water Bills for 804 Stewart Avenue – Discussion This item was not discussed. ADJOURNMENT On a motion the meeting adjourned at 6:47 p.m. Kathrin D. Gehring Carolyn K. Peterson Executive Assistant Mayor