HomeMy WebLinkAbout01-11-16 Board of Public Works Meeting AgendaBPWDATE: January 11, 2016
Me e t i n TIME: 4:45 pm
g LOCATION: 31d Floor,
Board of Public Works City Hall, Council Chambers
108 E. Green St.. Ithaca
AGENDA
Time
Topic Voting? Presenter(s) Allowed
1. Call to Order /Agenda Review No Mayor Myrick 5 min.
2. Mayor's Communications No Mayor Myrick
3. Communications and Hearings from Persons No Public 5 -15
Before the Board min.
4. Response to the Public No Commissioners
5. Administration & Communications
A. Approval of Meeting Minutes Yes Mayor Myrick 5 min.
1. December 14, 2015, Meeting Minutes
B. Election of Board of Public Works Vice Chair for Yes Mayor Myrick 5 min.
2016 — Resolution
C. 2016 Board Meeting Calendar No Supt. Thorne 5 min.
6. New Project Presentation
A. Belle Sherman Nature Trail at Strawberry Field No Daniel Breiman 10 min.
Belle Sherman would like to hold a Natural Classroom in Strawberry Field. Mr. Breiman will
provide a short presentation to explain their plan and to obtain the Board's input.
7. Reports No Various 10 min.
A. Special Committees of the Board
B. Council Liaison
C. Board Liaisons
D. Superintendent and Staff
8. Buildings, Properties, Refuse & Transit
A. Request for Encroachment Agreement/License for Yes Supt. Thorne 5 min.
use of Little Bank Alley behind 146 and 148 East
State Street — Resolution
Per the Board's discussion, the resolution is resubmitted for final approval.
9. Highways, Streets & Sidewalks
A. Discontinuance of Northern Portion of Lake Yes City Attorney Lavine 10 min.
Avenue and Eastern Portion of Adams Street —
Resolution
The City is ready for the Board to vote on the discontinuance of these portions of city streets.
Please see Assistant City Attorney Krin Flaherty's enclosed memo for further information.
10. Parking & Traffic
A. Updates to the Vehicle and Traffic Schedules - Yes Dir. of Eng. Services 5 min.
Resolution Logue
This resolution submits proposed amendments to the Vehicle and Traffic Schedules related to
the reduced speed limits along the Bicycle Boulevard network.
11. Creeks, Bridges & Parks
A. 2016 Golf Course Rates - Resolution Yes Asst. Supt. Benjamin 5 min.
A proposed resolution is available for the Board's approval, per the December 14, 2015
discussion.
Time
Topic Voting? Presenter(s) Allowed
12. Water & Sewer
13. Discussion Items
A. Signage in Ithaca City Parks No
Dan Kroll & Margaret 10 min.
Hobbie
The Parks Commission would like to bring signage issues in the parks to the Board's attention.
B. Request for Variance regarding Water & Sewer No
Asst. Supt. Whitney 10 min.
Lines at 701 -705 North Aurora Street
Further discussion of the request for a variance from Joseph Steuer.
Please see additional information
from Asst. Supt. Erik Whitney.
C. Cascadilla Creekway Project No
Dir. of Eng. Services 10 min.
Logue
Please see the enclosed memo for updated information regarding this project.
14. New Business No
15. Adjournment Yes
Page 2
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8A. Request for Encroachment Aureement/License for use of Little Bank Alley behind
146 and 148 East State Street — Resolution
WHEREAS, in response to the City's request to organize use of the alley referred to as "Baby Bank
Alley" (here, "Alley "), which runs perpendicular to the Tioga Street section of the Commons, Alexis
Randall, owner of Waffle Frolic, a business located at 146 East State Street in the City of Ithaca, has
requested an encroachment license from the City into the adjacent Alley; and
WHEREAS, the proposed use of the Alley would consist of approximately 23.5 square feet comprised
of the following uses:
• Three 50- gallon totes for compost bins, measuring approximately 42.75" x 22.0" x 18.0"
each
• Up to four 35 pound fryer sealed and clean oil jugs, measuring approximately 9" x 9" x
16" each, and
WHEREAS, Waffle Frolic has submitted that it has used the Alley for five years prior to clarification of
the City's ownership, and detailed measures to control pests, odors, and other nuisances related to the
use of the Alley; and
WHEREAS, Public Works staff and the Fire Department reviewed the proposal, and provided comment
on the proposal, namely, that combustibles should not be stored under any fire escape and should be
limited to the southern end of the Alley to facilitate City snow removal; and
WHEREAS, City staff have requested the following conditions on the license:
containers shall not be stored or placed under any fire escape;
containers may be stored along the southern wall of the Alley; and
in the event that containers are stored along the northern wall of the Alley, Waffle
Frolic shall be responsible for all snow removal within the Alley.
WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works
uses or needs; and
WHEREAS, the 2013 -14 schedule of fees for use of City -owned property requires an initial application
fee of $100 for new licenses, but stipulates that the annual use fee shall be waived for minor
encroachments, now therefore be it
RESOLVED, That the Board of Public Works hereby grants the request for an encroachment into the
Alley, as proposed, contingent upon the execution of a license /agreement and submission of the
required application form and fee (and renewal fees for any subsequent terms; and proof of required
insurance, and be it further
RESOLVED, That the Mayor, upon consultation with the Superintendent and City Attorney, is hereby
authorized to execute a license /agreement allowing said encroachment, revocable upon 90 days'
written notice by the City in the event that the encroached upon City property is required for any City
purpose, and containing the usual terms and conditions, including those specified in Chapter 170 of the
City's Municipal Code.
Page 3
9A. Proposed Resolution — Discontinuance of Northern Portion of Lake Avenue and Eastern
Portion of Adams Street
WHEREAS, presently before the Board of Public Works is a proposal to discontinue the northern
section of Lake Avenue and eastern section of Adams Street, and
WHEREAS, the proposed discontinuance involves portions of Lake Avenue and Adams Street, which
collectively are referred to as the "Street Parcels" and are more particularly described as follows:
That portion of Lake Avenue commencing at the western corner of Lake Avenue and Hancock
Street, running northeast approximately 37 feet, then 393 feet to the northwest to meet the
eastern corner of Lake Ave and Adams Street, then 173 feet to the southwest to meet the
eastern curb face line of Alice Miller Way, then southeast approximately 73 feet, then northeast
approximately 167.5 feet, and then southeast approximately 327 feet to the beginning, and
WHEREAS, the portions of Lake Avenue and Adams Street subject to this discontinuance are depicted
on the survey map titled "No. 210 Hancock Street and No. 423 First Street ", prepared by Darrin A.
Brock, L.S. of T.G. Miller P.C. on August 12, 2015, which is hereby incorporated by reference, and
WHEREAS, upon the City's decision to discontinue the above - described Street Parcels as City streets,
the Street Parcels will be used for green space, pedestrian and bicycle space, and a public use
playground, in accordance with the approved Site Plan dated August 25, 2015 and the Agreement
executed between Ithaca Neighborhood Housing Services (INHS) and the City on September 4, 2015,
and
WHEREAS, New York's General City Law, Section 20(7), grants to cities the authority "to lay out,
establish, construct, maintain, operate, alter and discontinue streets;" and
WHEREAS, City Charter Section C -71 grants the Board of Public Works the authority to "lay out, alter,
discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the streets, highways, bridges
and crosswalks," and Charter Section C -61 provides that the Board shall have control" of the City
department pertaining to "Streets and Sidewalks" and its property, albeit "subject to the limitations
herein contained and the direction and review of the Common Council," and
WHEREAS, to the extent that the Planning and Development Board of the City is required to have an
opportunity to comment upon the proposed discontinuance of a City street, such opportunity was
provided in this case, and such comments were provided in a mem dated November 30, 2015
supporting the proposed discontinuance; and
WHEREAS, the City Charter requires that a public hearing be conducted before a street is
discontinued, and the City conducted such duly- advertised public hearing on November 9, 2015; and
WHEREAS, environmental review of the proposed discontinuance has been completed by Board of
Public Works acting as lead agency for purposes of specifically assessing the environmental impact of
the discontinuance on the Street Parcels, and in which the Board reviewed the Planning Board's Full
Environmental Assessment Form dated May 4, 2015 and the Planning Board's SEQR record, and on
November 9, 2015 independently adopted the findings contained in the May 26, 2015 negative
declaration of environmental significance issued by the Planning Board; and
WHEREAS, the Board in considering the usefulness of the Street Parcels, considered how
discontinuance of these portions of Lake Ave and Adams Street would impact the following:
Page 4
- area's market values;
- fire and police department's ability to respond;
- water, sanitation, and other environmental factors;
use by residents in emergency situations;
use by residents in daily travel; and
WHEREAS, the Board in considering these factors, finds that the discontinuance of the Street Parcels
is found to have no negative impact; and
WHEREAS, the Board finds that the interests of the public, and specifically, residents of Alice Miller
Way, will be reasonably protected, notwithstanding the discontinuance of the Street Parcels as City
streets, as the non - discontinued portion of Adams Street and Franklin Street provide reasonable
access to and from Alice Miller Way for purposes of daily travel and in cases of emergency; and now
therefore be it
RESOLVED, That the Board hereby determines that discontinuance of the Street Parcels will not
negatively impact the immediate surrounding community or the City in that:
- it is not expected that market values will decline due to discontinuance, and the construction
of INHS improvements may enhance market values within the neighborhood;
- the City's agreement with INHS preserves Fire and Police emergency access through the
discontinued Street Parcels so that public safety and emergency access will not be impaired
by discontinuance;
- the Board finds that less vehicular traffic and increased green space will likely benefit
Cascadilla Creek;
- by the terms of the Agreement with INNS, INHS will be responsible for maintaining
improvements, trash removal, and general sanitation of the discontinued portions of street,
and if INHS fails to perform, the City may perform the work and charge INHS for its work;
and
RESOLVED, That the Board therefore finds the Street Parcels "useless" as City streets, as that term is
defined in State law; and
RESOLVED, That the Board further determines that the proposed discontinuance, and the
corresponding agreement executed with INHS, will result in the beneficial development of a landscaped
pedestrian and bike way along Cascadilla Creek and playground accessible to the public, installed
without cost to taxpayers, and will lessen the workload for the Department of Public Works as a result
of INHS' commitment to maintain the discontinued Street Parcels and avoiding the need to reconstruct
or repair either portion of the discontinued Street Parcels; and
RESOLVED, That pursuant to the authority granted to cities, under Section 20(7) of the General City
Law, and as delegated to the Board of Public Works by the City of Ithaca, in Section C -71 of the
Charter of the City of Ithaca, the Board hereby discontinues as City streets the Street Parcels, and
RESOLVED, That this determination be sent to Common Council for its direction and review as
indicated in Charter Section C -61.
Page 5
To:
From:
Date:
Subject:
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850 -5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274 -6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274 -6507
Krin Flaherty, Assistant City Attorney
Jody Andrew, Executive Assistant
MEMORANDUM
Board of Public Works
Office of the City Attorney
December 30, 2015
Discontinuance of northern section of Lake Avenue and eastern section
of Adams Street
In response to a proposal to discontinue certain portions of Lake Avenue and Adams Street, the
Board took the following steps:
October 5 reviewed the process for street discontinuance;
October 26 declared itself lead agency for purposes of conducting the environmental review
of the proposed discontinuance; referred the proposal to Planning Board for
report; and notified interested agencies of proposed action.
November 9 Board reviewed CEQR documents, and made a Negative Declaration finding that
the action will not result in a significant adverse environmental impact and no
Environmental Impact Statement is required ); and Board held a advertised and
noticed public hearing on the proposal, in which there were no public comments.
The Planning Board provided a report supporting the proposal and the County also issued a letter
finding that the proposal "has no negative inter - community, or county -wide impacts." In
response to notice of the proposal in two local newspapers and mailings to adjacent property
owners and residents who may be directly impacted, the Board received no further comment
from the public in writing or at the public hearing.
As INHS has received notice of award of tax credits for its project, this proposal is now ready for
the Board's vote on the discontinuance. In evaluating and voting on the proposal, the Board
should look to the factors and impacts discussed in the memo dated September 30, 2015. In its
vote, the Board should make a finding as to whether, and to what extent, the proposal will
negatively impact the listed factors and any others relevant to the Board's consideration of the
proposal. Should the Board vote to discontinue, the proposal will be considered for approval by
Common Council in February.
"An Equal Opportunity Employer with a commitment to workforce diversification."
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850 -5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA DESARNO, DIRECTOR OF ECONOMIC DEVELOPMENT
Telephone: Planning & Development - 607 - 274 -6550 Community Development/IURA - 607- 274 -6559
Email: dgrunder @cityofithaca.org Email: iura @cityofithaca.org
To: Board of Public Works
From: Planning & Development Board
Date: November 30, 2015
RE: Planning Board Comments on Discontinuance of Portions of Lake Ave. & Adams St.
The Planning Board conducted its review of the proposed development at 210 Hancock Street between
March and August 2015, and granted Final Site Plan Review on August 25, 2015. During that time, the
Board strongly advocated for the proposed conversion of portions of Lake Ave. and Adams St. into a
bike and pedestrian way, play area, and greenspace that would be closed to public vehicular traffic and
carefully reviewed the resulting drawings showing the conversion.
The Board fully supports this conversion which requires legal discontinuance. As stated in Part 3 of the
Full Environmental Assessment Form (FEAF), the Board identifies the following major benefit of the
conversion:
"The path would provide a connection to the existing path at Conley Park directly to the
north and ultimately to the Cayuga Waterfront Trail (CWT) via the improved NYS Rte. 13
and Dey St. crossings currently under construction. The installation of greenspace and a
playground extension on Adams functionally expands Conley Park.
"The effect of this conversion will be a continuous two -block park along Cascadilla Creek
that will protect water quality in the creek and greatly enhance the beauty, value, and
accessibility of this natural feature in the neighborhood. The structured play area will
provide an amenity that the neighborhood currently lacks. Thus it is anticipated that the
proposed project will improve open space and recreational opportunities in the vicinity of
the project site."
Tompkins County
DEPARTMENT OF PLANNING
121 East Court: Street
Ithaca, New York 14850
Edward C. Marx, AICP
Commissioner or Planning
October 29, 2015
Krin Flaborly, Assistant City Attorney
City Attorney's Office
City of Ithaca
108 least: Green Street
Ithaca, NY 14$50
Telephone (607) 274-SS54
Fax (607) 274 - SS78
Re: Review Pursuant to §239 -1 and -m of the New fork State General Municipal Low
Aotlon: Discontinuance of portions of Lake Avenue and Adams Street, City of Ithaca
Dear Ms. Flaherty:
'This letter acknowlodges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to §239 4 and -m of the New York State General Municipal
Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter-
community, ar county -wide impacts.
please inr'orn, us oryour decision so that we can make it a part of the record.
Sincerely,
Edward C. Marx, AICP
Commissioner of planning
Incfusicn Ifincy t Vversiiy
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850 -5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274 -6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274 -6507
Krin Flaherty, Assistant City Attorney
Jared Pittman, Assistant City Attorney
Jody Andrew, Executive Assistant
101 DJO DIRV ` 1 l
To: Board of Public Works
From: Office of the City Attorney
Date: September 30, 2015
Subject: Discontinuance of northern section of Lake Avenue and eastern section
of Adams Street
Earlier this year, the Board of Public Works and Common Council authorized an agreement
between the City and Ithaca Neighborhood Housing Services (INHS) concerning redevelopment
of the 210 Hancock site and certain improvements within the boundaries of the northern section
of Lake Avenue and the eastern section of Adams Street. The resolutions and supporting
materials are included with this memo for reference. The City agreed to seek discontinuance in
exchange for INHS' commitment to develop and maintain the parcels as public spaces including
a pedestrian and bikeway along the creek and playground within the eastern section of Adams St.
The process to discontinue a City street
City Charter Section C -71 specifies that the Board of Public Works may discontinue streets, and
Charter Section 61 provides that the Board's control over decisions relating to streets and
sidewalks is subject to Common Council's direction and review. As such, over the course of at
least four meetings, the Board can as it sees fit take several steps, which are set out at the end of
this memo, to fully consider the proposed discontinuance and its impact on the neighborhood and
the City. In the event the Board determines discontinuance is appropriate, the Board's resolution
will be sent to the Planning and Economic Development Committee of the Common Council for
review, and then to Common Council to finalize the discontinuance.
Evaluating the proposal to discontinue portions of Adams Street and Lake Avenue
Discontinuance is one of the specific powers broadly granted to cities under General City Law
Section 20(7). The Board's consideration of this proposal should focus on the current usefulness
of the sections of streets to be discontinued and evaluate the negative impacts to residents if the
street parcels are discontinued.
"An Equal Opportunity Employer with a commitment to workforce diversification."
To evaluate these considerations, the Board should seek input from a variety of sources. The
Board should hold a public hearing regarding the impacts of the discontinuance. Staff, on behalf
of the Board, can advertise the public hearing and also send out mailings to adjacent property
owners as required under the Charter. In this case, the adjacent property owners are the City and
INHS.
The Board should also refer the proposal to the Planning Board for comment. As part of
environmental review, the Board should refer the proposal to interested agencies including
Common Council, IURA, Conservation Advisory Council, the County Planning Department, and
any other interested parties that may be identified in the process of considering this proposal.
The Board should review the environmental review forms prepared by staff, and make a
declaration about the anticipated environmental impact that this action will have. It is expected
that there will be no negative environmental impact as the action is limited to assessing the
proposed street discontinuance.
Upon receipt of all comments, the Board will begin to evaluate the proposal. In making its
determination, the Board should weigh and consider the impact of the discontinuance on the
community. The Board may want to specifically consider the following items in making its
determination:
• Impact on the area's market values;
• Fire and Police Departments' ability to respond — please note that the City /INHS
Agreement, paragraph 7 specifically allows the City to access the creek, and the
approved site plan for the 210 Hancock Street residences contemplates that
emergency response vehicles would respond to creek - facing residences via the
center paved drive;
• Impact on water, sanitation, and other environmental factors;
• Necessity of use for residents in emergency situations and daily travel;
• Any other impacts or concerns raised by discontinuance of the northern section of
Lake Avenue and eastern section of Adams Street.
If the discontinuance is found to have no impact on these factors, or if there will be impacts that
can be addressed through use of other roads (e.g. Alice Miller Way will remain accessible
through Franklin Street and the non - discontinued section of Adams Street), then the Board will
make a finding that the relevant portions of Lake Ave and Adams St meet the legal definition of
"useless ", and discontinue the selected portions of streets. The resolution will then go to
Common Council for its review and comment before becoming final.
"An Equal Opportunity Employer with a commitment to workforce diversification."
Timeline and next steps
Below is a tentative timeline for addressing the steps needed in this action. Staff have prepared
the attached proposed resolutions and documents for each step of the Board's consideration of
this action. You will note that the schedule has a break between November's public hearing and
the January vote. INHS does not expect to receive a decision on the award of tax credits before
January 1, 2016, and we would recommend that the Board not vote to discontinue until that
award has been finalized.
October 5 Staff presentation to BPW to lay out process.
October 26 Board declare itself lead agency for purposes of conducting the environmental
review of the proposed discontinuance;
Referral to Planning Board for report; and
Notifies interested agencies of proposed action.
November 9 Board reviews CEQR documents, and makes a finding on the environmental
impact (likely a Negative Declaration meaning that the action will not result in a
significant adverse environmental impact and no Environmental Impact Statement
is required); and
Board holds public hearing.
January 11 Vote on proposed discontinuance.
January 13 Planning and Economic Development Committee considers BPW's vote, and
sends concurring resolution to Council
February 3 Common Council votes on resolution concurring with Board of Public Works'
discontinuance. Discontinuance of the two parcels is finalized.
Encl: August 24 BPW materials
September 2 Common Council materials
Map of area to be discontinued
Proposed resolution to declare lead agency and referral to Planning Board for report
Proposed Negative Declaration resolution
Proposed BPW resolution to discontinue
"An Equal Opportunity Employer with a commitment to workforce diversification."
Board of Public Works Meeting Minutes
August 24, 2015
RESOLVED, That the Board recommends that Common Council delegate the authority to
approve a second location for passenger pick up and discharge to the Board of Public Works,
should the applicant and staff find an acceptable alternate location in Collegetown, after
consultation with TCAT.
Carried Unanimously
B. Award of Professional Services Contract for West State /Martin Luther Kina. Jr. Street
Corridor Enhancements - Resolution
By Commissioner Darling: Seconded by Commissioner Warden
WHEREAS, professional services proposals were received on January 20, 2015 for the West
State /Martin Luther King Jr. Street Corridor Enhancements (CP 790, PIN 395050) project; and
WHEREAS, staff has reviewed the nine proposals received and made recommendations for
award; and
WHEREAS, engineering studies and designs are a Type II action requiring no further review
under the State Environmental Quality Review Act and the City Environmental Quality Review
Ordinance; now, therefore be it
RESOLVED, That the City of Ithaca Board of Public Works hereby awards the professional
services contract for West State/Martin Luther King Jr. Street Corridor Enhancements (CP 790,
PIN 395050) to C&S Engineers, Inc., of Syracuse, New York, for an amount not to exceed
$130,000; and, be it further
RESOLVED, That the Superintendent of Public Works of the City of Ithaca be hereby
authorized to enter into said contract under the usual terms and conditions.
Carried Unanimously
C. Resolution Authorizina Agreement with Ithaca Neighborhood Housina Services for
Future Improvements to Lake Avenue and the Eastern Portion of Adams Street
By Commissioner Darling: Seconded by Commissioner Jenkins
WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INNS) in 2014 purchased the parcel
known as 210 Hancock Street and began seeking community and Planning Board input; and
WHEREAS, based on this input, INHS has proposed a development plan of the 210 Hancock
parcel that includes improvements to Lake Avenue for a pedestrian and bicycle pathway and
incorporation of a playground structure in the eastern section of Adams Street; and
WHEREAS, City staff is generally supportive of the development plans proposed by INHS, and
INHS is in the process of obtaining site plan approval; and
WHEREAS, INHS has agreed to construct and maintain such improvements at its cost in
accordance with City specifications affording City vehicles the ability to continue to access the
creek through the improved site as needed for public works or safety purposes; and
WHEREAS, the improvements and land underneath such improvements shall be the property of
the City, and will be open to the public; and
WHEREAS, INHS has agreed to be responsible for maintenance and liabilities resulting from
use of the improved site, except for any liabilities which are caused by the City's negligence or
willful misconduct, which shall be the City's responsibility; and
WHEREAS, in consideration for these agreements, the City has agreed to seek discontinuance
of Lake Avenue and the eastern portion of Adams Street; and
WHEREAS, the discontinuance process will require environmental review, public comment, and
discretionary approval (or denial) by the Board of Public Works; and
Board of Public Works Meeting Minutes
August 24, 2015
WHEREAS, INHS has asked for an agreement from the City that it commits to seek
discontinuance in order to satisfy certain requirements related to the Low Income Housing Tax
Credits that INHS is seeking; and
WHEREAS, the Common Council is considering a resolution to this same effect; now, therefore
be it
RESOLVED, That the Mayor is authorized to execute an agreement with INHS substantially
similar to that included herewith, and for a term not to exceed fifty (50) years, concerning the
use of Lake Avenue and the eastern portion of Adams Street.
The Parks Commission provided the following recommendation regarding the Proposed
Playground and Creek Walk as Part of the 210 Hancock Street Project:
Ithaca Neighborhood Housing Services (INHS) presented its proposed development at 210
Hancock Street to the Parks Commission at its meeting on May 12, 2015. The Commission's
discussion focused on the creation of a new playground and green space along a walkway
adjacent to Cascadilla Creek. The playground will be located in the northeast corner of the site,
along Adams Street and across from Conley Park. INHS will build and maintain the playground,
but it will be open to the public. The creek walk is proposed for construction in the current Lake
Street right -of- way along the east side of the project site. It will be primarily a pedestrian
walkway but will be open to City and emergency vehicles. After discussion of the project, the
Parks Commission voted unanimously to support the development of a creek walk within the
Lake Street right -of -way and the construction of a playground as part of the proposed
development at 210 Hancock Street, noting that both features will be positive additions to the
Northside neighborhood. The Commission also noted the importance of creating a visual
connection between the new playground and Conley Park so that the new playground feels
open to the public.
City Attorney Lavine explained that this resolution pertains to the block of Lake Avenue that is
adjacent to Hancock Street and a small section of Adams Street. Currently, they are city streets,
the proposal would discontinue the use of the street by the City of Ithaca. This resolution does
not approve the discontinuance of the street; this resolution authorizes Ithaca Neighborhood
Housing Services (INHS) to make the necessary improvements along Lake Avenue, with
approval by the City. If the City were to discontinue the use of this portion of Lake Avenue it
would take months and lots of discussion by both the Board of Public Works and Common
Council before it could be removed from the City's inventory of streets.
Commissioner Warden stated that he has been following the evolution and discussions of the
proposed project. He knows that there have been changes made as a result of those
discussions and input from the public. He questioned whether or not the neighborhood has
provided input that supports this proposal? He also has some concern about the berm in the
area, how it meets up with the existing park (Conley Park), how it effects the creek, and do the
residents of Willow Avenue support it.
Commissioner Darling asked what sort of right -of -way will the City keep along Cascadilla creek,
and would the proposal maintain access for the City to do any necessary work in the creek?
City Attorney Lavine responded that this agreement explicitly provides to the City of Ithaca, the
right to get equipment in, and do work anytime - cart blank. The actual design of the street right -
of -way will create a path to Conley Park and the playground there. The Planning and
Development Board wanted emergency vehicles and the city vehicles/equipment to have
access anytime for whatever work in the area and around the creek might be needed. This
proposal would help to make the street feel more like the Cayuga Waterfront Trail and be very
pedestrian and bike oriented. The multi -age playground will be fenced and accessed from a
portion of Adams Street. Fencing or a hedgerow will clearly delineate city property from INHS
owned property. INHS will also maintain the area once the new housing project is constructed.
The project will contain one building that will be one and two story townhouses, a Head Start
facility, office suite, and ground floor parking. The second building will be three stories and
contain one and two bedroom apartments.
Board of Public Works Meeting Minutes August 24, 2015
Director of Parking Nagy asked how many parking spaces were planned. City Attorney Lavine
responded that there will be sixty-four spaces. The Planning and Development Board has been
reviewing this proposed project at length since February, with final approval expected on August
25th. The Board of Zoning Appeals has granted three variances for the property as well.
Commissioner Jenkins asked how many townhouses are included in the project. City Attorney
Lavine responded that there will be twelve two -story townhouses that will be constructed to look
like typical Fall Creek homes with seven for sale and five for rent.
Mayor Myrick asked Mr. Joe Bowes, from INHS, who has been involved with the project since
the beginning, to talk about how public input was obtained for the project.
Mr. Bowes explained that INHS bought the property in August 2014. They went through a four
month community engagement process. INHS provided a really basic presentation of project
for input and then proposed designs to community; from the input received they then narrowed
the project down from three proposed designs to one. The community provided input for the
final design. The public loved and very much supported the idea of the creek walk and closing
Lake Avenue to vehicle traffic.
Director of Engineering West reviewed the map and information that was presented earlier in
the meeting regarding the road pavement study, and determined that the condition of Lake
Avenue is very poor, so it would be good to take the street out of the city's street inventory at
some point in the future because it would save the City the money it would cost to make
improvements to It.
Commissioner Warden asked what impact it would have on the project if the Board delayed a
vote on the resolution until its next meeting.
City Attorney Lavine responded that Common Council meets on September 2n°, and does not
necessarily need a resolution from the Board of Public Works to vote, but it would be helpful to
have the recommendation from the Board prior to their vote.
Commissioner Warden expressed his concern that the neighborhood be provided with more
time and opportunity to provide input into the proposal as he has received a lot of feedback from
the neighborhood expressing various concerns. He would like something e- mailed to him that
would indicate that the neighborhood supports the project.
Commissioner Darling, as the Board of Public Works liaison to the Planning and Development
Board, responded that all the public input and feedback is available online and was also
provided to the Planning and Development Board before they made their decision. He stated
that everyone has supported the idea of closing Lake Avenue even though they may not
necessarily support the project proposed by INHS on Hancock Street.
Mayor Myrick stated that he would like the Board to vote on this today. It would be good for
Common Council to have their recommendation before they vote. In addition, he has heard no
objections to the proposed creek walk.
Commissioner Warden expressed concern about how the creek walk would interact/impact
Conley Parts?
Commissioner Darling responded that no work is being done at Conley Park as a result of the
project; but the creek walk would open up the walkway to the park for better access. He stated
that the Parks Commission supports the proposal and is very interested in thinning out some of
the brush there to make a nicer connection between Lake Avenue and Conley Park. INHS has
no plans to do anything with the Conley Park.
Board of Public Works Meeting Minutes August 24, 2015
City Attorney Lavine confirmed that no work is planned for Conley Park as a result of this
project. The proposed agreement provides the City of Ithaca with a great deal of latitude across
the next twenty years to make any improvements that may be needed. The City of Ithaca will
not have any control over the playground that INHS will build as part of their project.
Asst. Supt. Benjamin noted that there is a catch basin is located on the south side of the curb
line on the comer of Lake Avenue and Franklin Street; it then goes on to Adams Street and
Second Street; an area where flooding or ice jams have occurred in the past.
Discussion followed on the floor regarding what options might be open to the City, when and if,
the catch basin for the storm sewer should need repair or replacement. It was noted that
INHS's proposed playground, to be constructed as part of their project, might interfere with work
the City might need to do on the infrastructure in that area. The City of Ithaca would be
responsible for the cost to repair or replace the playground after the work is completed.
Supt. Thorne noted that this is a lower type concern at this point for both the City and INHS. He
stated that he is sure the City could work with INHS as their project progresses to make sure
something new is not built on or near the storm sewer /catch basin infrastructure.
City Attorney Lavine noted that the actual construction of INHS' project is still a couple of years
off from now; perhaps 2017. If INHS had to adjust the location of the playground they would be
open to that; and the Board of Public Works would have a lot of leverage over the placement of
it. In addition, the future discussion of discontinuance of Lake Avenue will entail a huge and
lengthy process with lots of discussion by the Board of Public Works and Common Council; this
concern could be raised at that time.
A Vote on the Resolution Resulted As Follows:
Carried Unanimously
Parking & Traffic:
A. A ResolutionTo Amend the Vehicle and Traffic Schedules for Bridge Street, Schedule
XII, Parking Prohibited at All Times and Schedule XV. Parking Prohibited Certain Hours
By Commissioner Warden: Seconded by Commissioner Darling
WHEREAS, the Board of Public Works is authorized by Section 346 -4 of the City of Ithaca Code
to adopt and to amend a system of Schedules in order to administer the Vehicle and Traffic
Law; and
WHEREAS, residents of Bridge Street have petitioned to change the on- street parking
regulations for the east side of the street to be "No Parking, Noon to 9 P.M., from May 11' to
September 300''; and
WHEREAS, the Board of Public Works is in agreement with this proposal; and
WHEREAS, staff has noticed that Bridge Street is not currently listed in the parking related
Schedules and therefore the Schedules do not reflect the No Parking Anytime signage as
currently posted on the west side of the street; now, therefore be it
RESOLVED, That the west side of Bridge Street, from East State /MLK Jr. Street to Giles Street,
be listed in Schedule XI I, Parking Prohibited at All Times, to reflect the existing, posted signs;
and, be it further
RESOLVED, That the east side of Bridge Street be listed in Schedule XV, Parking Prohibited
Certain Hours, as shown below:
Name of Street
Side
Time Limit: HOUrs /Da s
Location
Bridge Street
East
12pm to 9pm/All Days May 1"—
September 30t^
From East State /MLK
I Jr. SL to Giles Street
Carried Unanimously
10
9.2 Agreement with Ithaca Neighborhood Housing Services (INHS) for Future
Improvements to Lake Avenue and Eastern Portion of Adams Street — Resolution
WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INNS) in 2014 purchased the
parcel known as 210 Hancock Street and began seeking community and Planning
Board input; and
WHEREAS, based on this input, INHS has proposed a development plan of the 210
Hancock parcel that includes improvements to Lake Avenue for a pedestrian and
bicycle pathway and incorporation of a playground structure in the eastern section of
Adams Street; and
WHEREAS, City staff is generally supportive of the development plans proposed by
INHS, and INHS is in the process of obtaining site plan approval; and
WHEREAS, INHS has agreed to construct and maintain such improvements at its cost
in accordance with City specifications affording City vehicles the ability to continue to
access the creek through the improved site as needed for public works or safety
purposes; and
WHEREAS, the improvements and land underneath such improvements shall be the
property of the City, and will be open to the public; and
WHEREAS, INHS has agreed to be responsible for maintenance and liabilities resulting
from use of the improved site, except for any liabilities which are caused by the City's
negligence or willful misconduct, which shall be the City's responsibility; and
WHEREAS, in consideration for these agreements, the City has agreed to seek
discontinuance of Lake Avenue and the eastern portion of Adams Street; and
WHEREAS, the discontinuance process will require environmental review, public
comment, and discretionary approval (or denial) by the Board of Public Works; and
WHEREAS, INHS has asked for an agreement from the City that it commits to seek
discontinuance in order to satisfy certain requirements related to the Low Income
Housing Tax Credits that INHS is seeking; now, therefore be it
RESOLVED, That the Mayor is authorized to execute an agreement with INHS
substantially similar to that included herewith, and for a term not to exceed fifty (50)
years, concerning the use of Lake Avenue and the eastern portion of Adams Street.
BACK -UP ITEM 9.2
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF ITHACA
AND
ITHACA NEIGHBORHOOD HOUSING SERVICES, INC.
THIS AGREEMENT, entered into the day of , 2015, between the CITY
OF ITHACA ( "City") and ITHACA NEIGHBORHOOD HOUSING SERVICES, INC.
( "INHS ").
WHEREAS,
a. INHS has acquired the property known as 210 Hancock Street and 423 First
Street, City of Ithaca (the "INHS Property") and intends to redevelop the INHS
Property into a mixed use residential project (the "Redevelopment Project ");
b. INHS has proposed certain improvements to City -owned land as a part of the
Redevelopment Project, and the City is supportive of such improvements;
c. As a condition of site plan approval for the Redevelopment Project, INHS will
commit to construct and maintain pedestrian and bicycle paths and a play
structure on a portion of Lake Avenue and Adams Street (collectively the "Street
Parcel ") as shown on the attached survey map, and to uphold all other
obligations under this Agreement;
d. The City owns the Street Parcel and has agreed to seek the discontinuance of
those portions of Lake Avenue and Adams Street for vehicular traffic so that the
Street Parcel can be used in the Redevelopment Project as described herein and
subject to the terms and conditions of this Agreement; and
e. In consideration of the mutual covenants and agreements in connection with the
Redevelopment Project, the Parties agree to the terms and conditions set forth
herein.
NOW THEREFORE IT IS HEREBY AGREED THAT:
Term
1. This Agreement shall be for a term of fifty (50) years commencing on the date upon
which all of the following conditions have been fulfilled:
a. Site Plan Approval,
b. Receipt of Notice of Award of Low Income Housing Tax Credits for the
Redevelopment Project, and closing on all financing necessary to construct
the same,
c. Satisfactory completion of the discontinuance process for the Street Parcel.
2. In the event that the conditions stated in paragraph 1 have not been fulfilled within
three years of execution of this Agreement, this Agreement shall terminate.
3. Upon termination, INHS shall be relieved of further responsibility for maintenance
and repair of the Street Parcel, and shall have no rights to the same as distinct from
members of the public.
INHS Obligations
4. INHS shall timely apply for site plan review approval pursuant to City requirements
for the Redevelopment Project. The proposed site plan shall include community
paths for public use on the Street Parcel and a community play structure on the
former Adams Street parcel. The design and layout of the paths and the play
structure, including landscaping and trash receptacles and the items set out at
Section 7, shall be presented and approved as part of the site plan for the
Redevelopment Project. INHS acknowledges that the adherence to the terms and
conditions of this Agreement shall be a condition of site plan approval by the
Planning Board of the City.
5. The community paths and play structure may be used by the public during the hours
between 5:00 a.m. and one -half hour after sunset, and by the City, for municipal
purposes, at any time.
6. The construction and maintenance of the community paths and play structure shall
be the sole responsibility of INHS. Without limitation of the foregoing, but as
clarification and in addition
a. INHS will maintain at its own expense the improvements approved of in the
site plan on the Street Parcel, including but not limited to the paths and play
structure, in a safe, sound, clean and serviceable condition, in accordance
with all applicable ordinances of the City, such that no hazard is posed to the
public from the public's use of or proximity to the same, and will repair
damage and defects in such improvements, as provided in this Agreement.
b. INHS will provide custodial and landscaping services to maintain the
appearance of the improvements, including trash removal and routine care of
vegetation in the improved area as described by the site plan and in
accordance with City exterior property maintenance ordinance.
c. INHS will plow the paths clear of snow to the City's reasonable standard and
in compliance with the City's exterior property maintenance ordinance, or will
contract for the same.
d. INHS shall maintain all improvements and all land within the Street Parcel.
INHS shall not be responsible for maintaining land outside the surveyed
boundary of the Street Parcel.
e. INHS will not have a duty to repair damages and defects caused by the City's
use of the Street Parcel. For purposes of this clause, the public's use shall not
constitute the City's use.
7. The design of the community paths and play structure shall be subject to the
approval of the Superintendent of Public Works to assure that City emergency and
maintenance vehicles have access to the adjoining creek. Final details shall be as
set forth in the site plan approval, but shall include the following:
a. The main path on the former Lake Avenue parcel shall be 10 feet wide, so as
to allow use and access by City vehicles as part of the City's maintenance
duties. It shall be made of materials strong enough to support the stress of
City maintenance vehicles.
b. The site plan shall delineate the turning radius for a snow plow at the
intersection of Adams Street and Alice Miller Way. This radius shall set the
boundary of property maintenance responsibilities between the City and INHS
in that area. This radius will set the boundary for the portion of Adams Street
that the City will seek to discontinue. These boundary lines are shown on the
attached survey.
c. A fence, hedgerow or other demarcation as approved in the site plan shall be
installed along the property line between the INHS Property and the Street
Parcel.
8. INHS shall obtain at its expense a survey to show the location of all improvements
and the lines delineating the property which is under INHS maintenance and that
which is under City maintenance duties.
City Obligations
9. The City will remain the owner of.record for the Street Parcel. In the unlikely event
that the Street Parcel is classified by Tompkins County as taxable, any amounts due
for taxes or assessments shall be paid by the City.
10.The City is responsible for the creek bank. INHS shall not be responsible for
maintenance of trees or other vegetation on the bank, or otherwise outside the
surveyed boundary of the Street Parcel. The City shall maintain lighting, likely
comprised of pre- existing on -site fixtures, and the utility cost of lighting along the
property.
11. The City has the right to use the Street Parcel to access the creek, canal,
embankments and walls, or for any other reason, including by any vehicular or
mechanical means selected by the City.
12.The City will provide timely notice to INHS of any damage or defects to the Street
Parcel and its improvements. INHS further agrees to repair or remove any such
damage or defect, as directed by the City except for damage or defect caused by
the City. In the event of INHS's failure to effect such repair or removal, after notice
from City to do so, the City may cant' out the same and charge INHS for such cost,
plus a 25% administrative charge.
13. The City shall be the sole owner of the improvements, and may in its sole discretion
alter, remove, or destroy the improvements, at its own expense. If the City alters the
improvements, including all paths, INHS obligations under this Agreement shall
continue to such extent as those obligations are substantially similar in substance
and scope to the obligations herein agreed, provided that the public use of the paths
continues to be solely for pedestrian and bicycle access. The City shall provide
INHS with notice at least ninety (90) days prior to substantially and intentionally
altering, removing or destroying the improvements, permitting INHS to provide
comment on such plans.
14. Notwithstanding the foregoing paragraph, the City may not during the term of this
Agreement alter remove or destroy the play structure. Any damage to the play
structure caused by the City shall be promptly repaired at the City's expense.
15.The City may close public access to the Street Parcel and improvements as
necessary to work on the creek, canal, embankments or walls or for safety hazards
posed, or on any other safety hazards posed on the Street Parcel. This restriction
may limit the access of residents living in the INHS - constructed townhomes.
16. Except in the case of emergencies, the City will give notice to INHS and, as feasible,
the residents of the Redevelopment Project of any substantial closures, repairs, and
maintenance that it plans to perform.
17. Contingent upon the execution of this Agreement and the site plan approval for the
Redevelopment Project, the City shall diligently and in good faith pursue the
discontinuance process for the Street Parcel, with ultimate discretion to complete or
not complete the discontinuance vested solely in the City.
18. Notwithstanding any other provisions herein, the Agreement contained herein may
be revoked or modified by the City (a) upon such notice as is practical, in the event,
of an emergency that threatens property or the public safety or welfare, or (b) upon
at least one month's notice that the Superintendent of Public Works has determined
that INHS has failed to comply with any substantive term herein, and that INHS has
not cured such breach within the notice period.
Indemnification, Liability, and Insurance
19. INHS shall defend, indemnify, and hold harmless the City from any claims,
damages, costs, and expenses arising from or in connection with physical injury (up
to and including death) sustained on the Street Parcel, unless caused by defects in
the property that are (a) caused by any negligence or willful misconduct on the part
of the City, or (b) as to which the City received prior written notice, as defined in
Section C -107 of the City of Ithaca Charter, but then failed to so inform INHS within
one week of receipt thereof.
20.The City shall defend, indemnify, and hold harmless INHS from any claims,
damages, costs and expenses arising out of defects in the property (a) to the extent
solely caused by negligence or willful misconduct of the City.
21. When INHS and the City have both contributed to liabilities incurred by the Parties,
each will indemnify the other in proportion to its respective responsibility for the act
or omission that gave rise to such liability, except that the City's responsibility under
this paragraph shall extend only to its negligence or willful misconduct.
22. Notwithstanding any other provision of this Agreement, in no event shall the City be
required to defend, hold harmless, or indemnify INHS or any other party from suits,
actions, damages, liability, or expense which, had it been asserted against the City
directly, would not have necessitated the City either to defend on the merits or to
incur the resulting liability under applicable law.
23.At all times that the Agreement is in effect, including during construction of the
improvements, INHS shall provide proof of commercial general liability coverage in
the amount of $1,000,000 per occurrence, $2,000,000 in the aggregate, and
umbrella coverage of $5,000,000, and as revised by the City from time to time. The
insurance policies shall include the City of Ithaca as an additional insured. INHS
shall also provide proof of compliance with statutory Worker's Compensation and
Disability coverage requirements.
Miscellaneous
24. The City may add any unpaid fees, reimbursements, penalties or other amounts
INHS owes the City by virtue of INHS' obligations and responsibilities under this
Agreement to the tax bill of the INHS Property.
25. Except as otherwise set forth in this Agreement, the Parties shall bear their own
costs and expenses, including engineering fees, legal accounting, and fees incurred
in connection with the negotiation and preparation of this Agreement and any
subsequent exercising of rights or performance of obligations set forth in this
Agreement. In the event that a party is determined by a court of competent
jurisdiction to be in breach of any of the substantive terms of this Agreement, the
party found to be in breach shall be liable for the costs and reasonable attorneys'
fees of the party that asserted and prevailed upon such claim.
26. The use by INHS of the above - described property of the City does not constitute and
shall never ripen into or become a right to use any portion of such property without
the consent of the City, but is and shall continue to be only a use by sufferance of
said property of the City, as evidenced by a duly executed and current Agreement.
27. This Agreement supersedes all prior Agreements, understandings, and
communications between the Parties, whether oral or in writing, concerning the
subject matter of this Agreement. This Agreement may not be modified or amended
except by a writing signed by all Parties. The waiver by a party of its rights under this
Agreement or of a breach by any other party shall not constitute a waiver of any
other rights under this Agreement or of any future breaches by any party.
28. If any part, paragraph, or portion of this Agreement is held to be void, invalid,
inoperative, or unenforceable for any reason, such provision shall be deemed
severed and the remainder of this Agreement shall not be impacted and shall
continue in full force and effect, unless to do so would fundamentally contravene the
present valid and legal intent and purpose of the Parties. The Parties agree that
each and every provision that is deemed by a court of competent jurisdiction to have
been required by law to be included in this Agreement shall be deemed to be
inserted herein and shall have the same force and effect as if it were actually
inserted.
29.This Agreement may not be assigned by either party without the express written
consent of the other party, which consent shall not be unreasonably withheld or
delayed. Notwithstanding the foregoing, INHS may assign the Agreement to any
entity in which it holds a controlling interest or serves as the managing member of
and which becomes the owner of the INHS Property. This Agreement is not intended
to benefit any third - party, and no person or entity who is not a party shall be entitled
to enforce any of the rights, interests, or obligations of a party to this Agreement.
30. This Agreement shall be governed by the laws of the State of New York. Any action
or proceeding relating to this Agreement shall be venued in a court of competent
jurisdiction that is located in the County of Tompkins.
31. All notices required by this Agreement shall be in writing and shall be sent by
certified mail, return receipt requested, personal delivery, or facsimile at the following
addresses:
To the City:
Mayor
City of Ithaca
108 East Green Street
Ithaca, NY 14850
To INHS:
City Attorney
City of Ithaca
108 East Green Street
Ithaca, NY 14850
Executive Director
115 West Clinton Street
Ithaca New York, 14850
32.The terms and provisions of this Agreement shall be binding upon the heirs,
successors, distributees and assigns of the parties hereto.
CITY OF ITHACA
INC.
ITHACA NEIGHBORHOOD HOUSING SERVICES,
By:
Name:Svante Myrick
Title: Mayor Title:
Date:
By:
Name: Paul Mazzarella
Executive Director
Date:
LIST OF EXHIBITS: Appendix A — Survey Map
1. COMMERCIAL GROUND FLOOR WITH RESIDENTIAL ABOVE
2. COVERED PARKING WITH RESIDENTIAL ABOVE
3.TOWNHOMIES
4. BIKE PARKING
5 BUS STOP
6. INTERIOR STREET
7. BICYCLE AND PEDESTRIAN WAY
B. PLAYGROUND
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MULTIFAMILY BUILDINGS
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10A. Updates to the Vehicle and Traffic Schedules — Resolution
WHEREAS, the Board of public Works is authorized by Section 346 -4 of the City Code to adopt and to
amend a system of Schedules in order to administer the Vehicle and Traffic Law, and
WHEREAS, the establishment of the Bicycle Boulevard network (in accordance with the Bicycle
Boulevard Plan adopted by the BPW in 2012) has resulted in sign changes related to speed limit
reductions and stop sign adjustments, now therefore be it
RESOLVED, That the Board of Public Works hereby adopts the amendments below:
Schedule II: Speed Limits.
In accordance with the provisions of §346 -6, speed limits other than 30 miles per hour (and not associated
with School Speed Limits) are hereby established as indicated upon the following described streets or
parts thereof:
The City of Ithaca has established speed limits of 25 MPH along the Bicycle Boulevard routes on the
following street segments:
1. E. York St. between N. Cayuaa St. and N. Tioga St.
2. N. Tioaa St. between E. York St. and Farm St.
3. King St. between Linn St. and N. Tioaa St.
4. Lewis St. between N. Tioaa St. and Auburn St.
5. Adams St. between Auburn St. and Willow Ave.
6. Willow Ave. between Adams St. and Madison St.
7. Madison St. between Willow Ave. and Fourth St.
8. Fourth St. between Madison St. and Cascadilla St.
9. Plain St. between Cascadilla St. and Elmira Rd.
10. W. Court St. between Plain St. and N. Albany St.
11. Wood St. between Plain St. and Meadow St.
Schedule VIII: Stop Control Intersections.
In accordance with the provisions of §346 -12, the following described intersections are hereby designated
for control by an all -way stop as follows:
The following intersecting streets or locations are hereby designated for control by stop sign(s) (not "all -
way"):
Intersection Direction of travel
Auburn St and Adams /Lewis St northbound /southbound
Lewis Street and Utica Street northbound /southbound
Madison St and Second St northbound /southbound
Madison St and First St eastboundAvestbeund northbound /southbound
Page 6
To:
From:
Date:
Re:
CITY OF ITHACA
108 East Green Street, Suite 202 Ithaca, New York 14850 -5690
OFFICE OF THE CITY ENGINEER
'Ielephotae: 607/274 -6530 Fax: 607/274 -6587
Board of Public Works
Kent Johnson, Junior Transportation Engineer Z.y .r
1/4/16
Updates to the Vehicle and Traffic Schedules of Traffic Regulations
Please find attached a resolution to amend the Vehicle and Traffic Schedules II and VIII.
These amendments relate to the reduced speed limits along the Bicycle Boulevard
network as well as some stop sign adjustments. These changes were implemented as
proposed in the Bicycle Boulevard Plan adopted by the BPW in September 2012.
An F,qual Opportunity Employer with a commitment to workforcit diversification."
0
11A. 2016 Newman Golf Course Rates— Resolution
WHEREAS, a List of Rates and Fees for 2016 was discussed by the Board of Public Works on
December 14, 2015, from a proposal by Golf Course Manager Mike Addicott, and
WHEREAS, setting the membership rates well in advance of the beginning of a new season seems like
a prudent course of action to help increase membership, now therefore be it
RESOLVED, That the Board of Public Works hereby adopts the following List of Rates and Fees for 2016
for Newman Golf Course:
Membership Fees
2015 Rates
2016 Rate
Individual
$ 630
$630
Senior
$ 567
$567
Domestic Couple
$882
$882
Senior Domestic Couple
$827
$827
Junior Individual
$140
$140
Family u to 4, dependents 18 years old and under
$966
$966
Weekday Only, Individual
$410
$410
Weekday Only, Domestic Couple
$609
$609
College Membership (Ages 18 -22) ( *Restricted weekdays
before 4 p.m. w/ college ID and weekends after 12 noon
$347
$347
City Employee
$347
$347
Daily Greens Fees
9 Hole
*per player
18 Hole
*per player
WEEKDAY
Walking
$14.00
$18.00
With Cart
$17.00
$23.00
Lea ue Fee
$14.00
N/A
WEEKEND
Walking Until 2:00 p.m.
$16.00
$22.00
After 2:00 p.m.
$14.00
$18.00
With Cart
$19.00
$25.00
Foursome Special After 3:00 p.m.
N/A
$80.00
Cart Rental Fees
9 Holes
18 Holes
Member
$7.00
$ 11.00
Non - Member
$8.00
$ 12.00
Page 7
Date: 5 January 2016
To: Ithaca Board of Public Works
From: Ithaca Parks Commission
RE: Signage in Ithaca Parks
Dear Board Members:
The Parks Commission has been discussing several issues regarding signage (or lack
thereof) within Ithaca city parks. These include:
1. The city charter mandates that all parks shall have a sign with the name of
the park. Most city parks have no such sign.
2. With increased and more varied park usage, parks are often not
recognized as city owned and maintained entities.
3. Signs presently in city parks are not uniform from park to park.
4. Miscellaneous signs are proliferating within various city parks.
S. Signs within parks are generally visually disruptive and detract from the
scenic character of the sites.
6. Location and number of similar signs required in each park
These issues will be discussed in upcoming meetings of the Commission. If there
are concerns or questions, please inform Bill Goldsmith, BPW representative to
the Parks Commission, or any of the Commission members.
Attached is an example from the recent parks signage inventory completed by
the Commission with signs and locations from DeWitt Park.
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701- 705 N. Auora St. W&S Variance for 1/11/16 BPW https:// mail. cityofithaca. org /owa/ ?ae= Item &t= IPM.Note&id= RgA...
701- 705 N. Auora St. W&S Variance for 1/11/16 BPW
Erik Whitney
Sent: Wednesday, January 06, 2016 12:32 PM
To: Kathy (Gehring) Servoss
Cc: Michael Thorne
Categories: BPW
Attachments:701 -705 North Aurora St w & —i.pdf (1 MB)
Hello Mike & Kathy,
This is for a continuation of discussion before the Board on 10/26/15 item # 13. Joseph Steuer and subdivision
between 701 and 705 North Aurora Streets and a variance to maintain water and sewer services in the same
configuration as they presently are. He has provided the attached proposed easement and maintenance
agreement as we asked. These will need to be executed and filed at the County Clerks Office once BPW has
reviewed and possibly City Attorney's Office too. They look reasonable and would certainly meet the Water &
Sewer Division of the DPW's intended purposes.
Also, upon inspection of the water and sewer service lines in the basement of 705 i noted an illegal sump pump
connection to the sanitary sewerand requested that a line be run to the storm and the sump pump be
disconnected from the sanitary and connected to the storm drainage before final approval. Mr. Steuer agreed and
has been working on getting that done.
I'll generate a resolution for the next BPW meeting after digesting the Boards intent on 1/11/16.
Regards,
Erik Whitney, PE
Assistant Superintendent
City of Ithaca DPW
Water & Sewer Division
510 First Street, Ithaca NY 14850
0.(607) 272 -1717
C: (607) 280 -1041
1 of 1 1/6/2016 4:03 PM
QUIT CLAIM DEED
THIS INDENTURE made this day of , 2015,
Between: BERGEN STREET MEDIA CORP., a New York Corporation with
offices at 701 North Aurora Street, Ithaca, New York 14850,
parry of the first part
and JOSEPH STEUER, JR. and ERIN L. FITZGERALD, husband
and wife of 701 North Aurora Street, Ithaca, New York 14850, as
tenants by the entirety,
parties of the second part,
WITNESSETH, that the party of the first part, in consideration of One and 00 /100 Dollar
($1.00), lawfui money of the United States, and other good and valuable consideration, paid by the
parties of the second part, does hereby remise, release and quit -claim forever unto the parties of the
second part, their survivor, distributees, heirs and assigns,
ALL THAT TRACT OR PARCEL OF LAND situate in City of Ithaca, County of Tompkins,
State of New York, and being more particularly bounded and described as follows:
SEE ATTACHED "Schedule A"
TOGETHER with the appurtenances and all the estate and rights of the parties of the first
part in and to said premises.
TO HAVE AND TO HOLD the premises herein granted unto the parties of the second part,
their heirs, executors, distributees, successors and assigns forever.
AND said patties of the first part covenant that, in Compliance with Section 13 of the Lien
Law, the grantor will receive the consideration for this conveyance and will hold the right to receive
such consideration as a trust fund to be applied first for the purpose of paying the cost of the
improvement and will apply the same first to the payment of the cost of the improvement before
using any part of the total of the same for any other purpose.
IN WITNESS WHEREOF, the parties of the first part have hereunto set their hands and seals
the day and year first above written.
IN PRESENCE OF-
BERGEN STREET MEDIA CORP.
BY: Joseph Steuer, Jr.
President and sole shareholder
STATE OF NEW YORK)
COUNTY OF TOMPKINS)ss.:
On this day of December, 2015, before me the subscriber personally appeared
JOSEPH STEUER, JR., personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she /they executed the same in his/her /their capacity(ies), and that by
his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument.
Notary Public
2
SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND situate in City of Ithaca, County of Tompkins,
State of New York, and being more particularly bounded and described as follows:
Beginning at a point located the following courses and distances from the intersection of the
easterly line of North Aurora Street with the northerly line of East Yates Street:
(a) North 47.80 feet to a pin found; thence
(b) North 89 degrees 31 minutes 52 seconds East a distance of 75.69 feet to a calculated
point, being the TRUE point or place of beginning;
Thence running North a distance of 32.81 feet to a calculated point;
Thence running North 57 degrees 51 minutes 03 seconds East a distance of 11.65 feet to a
calculated point;
Thence running South 89 degrees 57 minutes 03 seconds East a distance of 18.44 feet to a
point marked by a pin found;
Thence running South 38.76 feet to a calculated point;
Thence running South 89 degrees 31 minutes 52 seconds West a distance of 28.31 feet to the
point or place of beginning, containing 1,070 square feet, more or less.
TOGETHER WITH a permanent easement and right -of -way, fifteen feet in width, as shown
on the survey map referenced below, for purposes of constructing, retaining, and maintaining water,
sewer, gas, electric and other utility connections from the parcel described above to the dwelling
known as 705 North Aurora Street. Grantee shall be solely responsible for all maintenance and
repair costs associated with the utility connections located within this easement area, and shall have
the right to enter upon the portion of the Grantor's remaining premises for purposes of so maintaining
or repairing the utility connections. To the extent possible, Grantee shall return Grantor's property
to its pre- maintenance condition upon completion of any maintenance or repair, at Grantee's sole
expense. Grantee shall hold harmless Grantor from any and all liability on account of personal injury
and property damage resulting from or in connection with exercise of the rights related to this
easement and right of way, including any damage by any persons not under the direct supervision
and control of Grantee.
TOGETHER WITH a permanent easement and right of way for purposes of sharing, retaining
and maintaining shared water, sewer, gas, electric and other utility connections currently servicing
the dwelling known as 705 North Aurora Street and the above described parcel, from the center line
of North Aurora Street to the fifteen foot right of way referenced above, where said connections are
currently exist. Neither party will take any action, or fail to take any action, which is reasonably
likely to cause any damage to the utility connections or diminish or impair the ability of the other
party to use the utility connections. The parties jointly will determine the necessity for and extent
of any maintenance or repair to the shared utility connections. In the event that any maintenance or
repair is performed, each party will pay fifty (50 %) percent of the cost of same. Notwithstanding
the foregoing allocation of costs, in the event that any repair or maintenance is required as a result
of damage caused by any action of either party, rather than as a result of ordinary wear and tear, such
maintenance or repair will be paid for by the party that has caused such damage. Each party will
indemnify the other for, and hold the other harmless from and against, any loss, cost, expense,
damage or liability incurred by the indemnified party as a result of the indemnifying party's use of
the shared utility connections or exercise of the indemnifying party's rights under this Agreement.
The above described premises are shown a survey map entitled "Lot Line Adjustment Map No. 701
& 705 North Aurora Street, City of Ithaca, Tompkins County, New York" dated June 18, 2015 and
redated November 11, 2015, by TG Miller PC, a copy of which map is filed in the Tompkins County
Clerk's Office concurrently herewith.
Being part of the same premises conveyed to Grantor by deed recorded July 9th, 2015 in the
Tompkins County Clerk's Office as Instrument #2015 -7991.
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CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850 -6590
DEPARTMENT OF PUBLIC WORKS
Michael J. Thorne, P.E. Superintendent
Telephone: 607/274 -6527 Fax: 607/274-6587
MEMORANDUM
TO: Board of Public Works
FROM: Tim Logue, Director of Engineering Services
Addisu Gebre, Bridge Systems Engineer
DATE: January 6, 2016
RE: Cascadilla Creekway Project, CP 4802
This memo is intended to provide an update on the current project progress and to seek direction
from the BPW on how to proceed with the project. The Board will likely want to seek input from
Common Council, the Planning Board, and the public before selecting an alternative. With the
Board's direction, staff will circulate this memo and request input so that the BPW can make a
decision at the first meeting in February.
The Cascadilla Creekway Project proposes to rehabilitate and enhance the 100 block of
Cascadilla Avenue, which is an important bicycle and pedestrian way along Cascadilla Creek.
The project scope includes:
• Replacement of railings along the creek;
• Preservation of creek wall;
• Replacement of Sears St. Pedestrian bridge;
• Making pedestrian enhancements and upgrading six (6) curb ramps at the Cascadilla Ave.
IN Cayuga St. intersection to meet current ADA guidelines; and
• Enhancement of Cascadilla Ave as part of the bicycle boulevard system
In September 2015, the project consultant, LaBella Associates D.P.C., submitted draft project
scoping report for City's review. Subsequently, staff consulted with the Planning Board's Project
Review Committee and held a project pubic information meeting on October 11, 2015.
As part of the draft design report, our consultant proposed using standard, federally- approved,
crash tested railing along creek, due to the fact that motor vehicles are allowed on Cascadilla
Avenue and the vertical drop into the creek. The current railings (even if they were repaired) do
not meet this standard, though they have been in place for decades. The Planning Board, the
public, a number of Common Council members, and staff Have expressed concerns that the
railings are not context sensitive and are "over- engineered" for the avenue, which carries a very
"An Equal Opportunity Employer with a commitment to workforce diversification."
Page 2 of 3
low - volume of low -speed motor vehicles, and acts much more like a walkway and bikeway upon
which people can also drive. Unfortunately, communications with NYSDOT have confirmed that
if the City is to use federal funds on the project, we must use a Federal Highway Administration
(FHWA) approved railing system. There are three ways to get approval: 1) use a specific railing
system that is already been crash tested and approved; 2) apply to FHWA to modify an
approved, crash- tested system; or 3) following a specified protocol, crash test a railing system
and seek FHWA approval. A fourth option for the City would be to forfeit the federal funding
and proceed as a local project.
Staff seeks direction on which of these alternatives to pursue.
Use an FHWA approved railing system, such as one proposed to date by LaBella. We
have clarified with LaBella and NYSDOT that even along a bikeway, we do not have to
use the taller (54 ") "bicycle railing," and would be allowed to use a 42 inch high railing
along the creek. This crash tested railing system is considerably more expensive than the
original grant application scope of work/budget; however, the federal share of the project
in dollars ($600,000) is fixed. Any additional funds would have to be made up by the
City.
Current Total Project Cost: $1,200,000
Original Estimated Total Cost: $750,000
Original Estimated City Share: $150,000 (20% of the original total project cost)
Current Estimated City Share: $600,000 (50% of the current total project cost)
2. Choose an FHWA approved railing system and modify it by adding railing or
fencing. This option would require a new design for a railing, an analysis of the
implications of modifying it, and submission to FHWA for approval. There would be
some additional cost for our consultant to design and analyze the railing system, and the
approval process with FHWA would likely take 3 or 4 months. Depending on what we
propose, construction costs could also be higher than in Alternative 1. One modified
system that we have discussed is comprised of a 10 " -12" high concrete curb,
approximately 18" wide (constructed as part of the cap on the retaining wall), with a pipe
railing mounted to the top of the curb (with the appropriate sized voids in the railing to
meet building code). We think a design like this, essentially a pedestrian/bicycle railing
on top of a tall curb, would be appropriate considering the very low volumes and very
low speeds of motor vehicle traffic, and the fact that no one seems to have ever heard of a
vehicle crashing through the railing and into the creek.
Current Total Project Cost: >$1,200,000
Original Estimated Total Cost: $750,000
Original Estimated City Share: $150,000 (20% of the original total project cost)
Page 3 of 3
Current Estimated City Share: >$600,000 (50% of the current total project cost)
3. The City could elect to follow the protocols to crash test a railing system of our own
design and seek FHWA approval. Preliminary discussions indicate that pursuing this
option would like cost at least $100,000, and take somewhere between 6 to 12 months to
complete.
4. Return the federal funds and proceed as a local project.
This options gives the City the greatest flexibility in regard to railing design, but forfeits
the $600,000 federal share in the project. The City would be responsible for the full cost
of our current design contract with LaBella, which is approximately $70,000. The
construction costs and the total project costs would be significantly lower, perhaps
upwards of 30% to 40% lower, but with the current estimate of $1.2M, this might still
mean a final project cost of $720,000 to $840,000.
Included with this memo are the current, preliminary renderings of the railing system proposed
under Alternative 1, and a September 13, 2015 memo from the Planning Board to the BPW.
Our recommendation is to circulate this memo and seek input from Common Council members,
the Planning Board, the Bicycle Pedestrian Advisory Council, and the public, requesting that
comments be submitted to staff by January 31St, so that the Board can discuss at your first
meeting in February (8th), with the hope that the BPW can make a decision at the second meeting
in February (22nd)
If you have any questions, please call Addisu Gebre, Bridge Systems Engineer @ 607 - 274 -6530
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850 -5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development — 607 - 274 -6550 Community Development/IURA — 607 - 274 -6559
Email: dgrunder @cityofithaca.org Email: iura@cityofithaca.org
To: Board of Public Works
From: Planning & Development Board.
RE: Improvements to Cascadilla Creekway
Date: September 23, 2015
The Planning Board has reviewed plans dated September 15, 2015 for the proposed
improvements to Cascadilla Creekway. As the Board understands the project it is to include
some wall repairs, safety railings on both sides of the creekway, possible intersection
improvements and a pedestrian bridge replacement.
Drawings illustrating the proposed height of the railings in relation to pedestrians, cars and
cyclists, show that the railings on the south side of the creek are proposed to be approximately
five feet high. The Planning Board understands that the reason for this height - which as the
drawings depict, can be taller than a car - is to comply with safety standards that would allow
the southern side of the creekway to be an official bicycle boulevard. However, the Board also
understands that bike boulevards can include portions posted as dismount areas. The Board
also understands that due to cost, the only feasible railing design is a standard steel box beam
railing system.
The Planning Board feels that the tall height of the railings on the south creek side combined
their standard highway design will significantly detract from the experience of being in this
truly unique and beautiful part of the City. Since the structure of the railings cannot (as the
Board understands it) be under consideration the Board suggests that the railings be painted
dark green, similar to the railings on the Thurston Avenue Bridge. In addition, it urges the
Board of Public Works to post this portion of the bike boulevard as a dismount area so that the
railings on its south side can be lowered to the more open, welcoming and pedestrian scaled
3'6' proposed for its north side. The Board feels that the creekway will continue to function as
an important pedestrian and bike route with this change and that lower painted railings will
significantly improve the aesthetics and human scale of this project, and render it more
appropriate for its beautiful Creekside setting.
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