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HomeMy WebLinkAbout03-27-17 Board of Public Works Meeting AgendaDATE: March 27, 2017 B PW MeetingTIME: 4:45 pm LOCATION: aro Floor, yti Board of Public Works City Hall, Council Chambers 108 E. Green St., Ithaca AGENDA ITEMS 8. Buildings, Properties, Refuse & Transit A. Request for Encroachment Agreement for 308 E. Yes Supt. Thorne 10 min. Seneca Street — Resolution Additional information regarding this request has been submitted, including a rendition of the awning. 9. Highways, Streets & Sidewalks A. Authorization to Enter into Agreement with Cornell Yes Supt. Thorne 5 min. University for Erection of a Fence along Fall Creek Drive — Resolution Enclosed is a resolution and draft Memorandum of Understanding for the Board's consideration. 10. Parking & Traffic A. Resolution to Grant Hardship for 109 Parker Yes Dir. of Eng. Logue 5 min. Street for the Residential Parking Permit System The resolution has returned for a vote. 11. Creeks, Bridges & Parks 12. Water & Sewer A. Appeal of Water and Sewer Bill for 105-07 East Yes Asst. Supt. Whitney 5 min. York Street — Resolution Per the Board's discussion, a resolution approving the request. 13. Discussion Items A. A Draft Resolution to Establish Guidelines for the No Dir. of Eng. Logue 10 min. Repair or Reconstruction of Pedestrian If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 607-274-6570 at least 48 hours before the meetino. The Board of Public Works meets on the second and fourth Mondays at 4:45 p.m. All meetings are voting meetings, opening with a public comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend. Topic Voting? Presenter(s) Time 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 min. Before the Board 4. Response to the Public No Commissioners 5. Reports No Various 5 min. A. Special Committees of the Board B. Council Liaison C. Board Liaisons D. Superintendent and Staff 6. New Project Presentation A. Street (Mobile) Vending Policy Presentation No Street Vending 20 min. Subcommittee The Street Vending Subcommittee is proposing revisions to the Street Vending Policy. 7. Administration & Communications 8. Buildings, Properties, Refuse & Transit A. Request for Encroachment Agreement for 308 E. Yes Supt. Thorne 10 min. Seneca Street — Resolution Additional information regarding this request has been submitted, including a rendition of the awning. 9. Highways, Streets & Sidewalks A. Authorization to Enter into Agreement with Cornell Yes Supt. Thorne 5 min. University for Erection of a Fence along Fall Creek Drive — Resolution Enclosed is a resolution and draft Memorandum of Understanding for the Board's consideration. 10. Parking & Traffic A. Resolution to Grant Hardship for 109 Parker Yes Dir. of Eng. Logue 5 min. Street for the Residential Parking Permit System The resolution has returned for a vote. 11. Creeks, Bridges & Parks 12. Water & Sewer A. Appeal of Water and Sewer Bill for 105-07 East Yes Asst. Supt. Whitney 5 min. York Street — Resolution Per the Board's discussion, a resolution approving the request. 13. Discussion Items A. A Draft Resolution to Establish Guidelines for the No Dir. of Eng. Logue 10 min. Repair or Reconstruction of Pedestrian If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 607-274-6570 at least 48 hours before the meetino. The Board of Public Works meets on the second and fourth Mondays at 4:45 p.m. All meetings are voting meetings, opening with a public comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend. Time Topic Voting? Presenter(s) Allowed Connections between the Sidewalk and the Street Please see the enclosed proposed resolution. B. Public Art Commission Request for Approval of No Supt. Thorne 10 min. Ithaca Youth Bureau Building as a Potential Mural Location — Resolution Commissioner Warden has provided more information regarding the construction of the Youth Bureau building. C. Request for a Street Permit Fee Waiver from No Dir. of Eng. Logue 10 min. Ithaca Neighborhood Housing Services INHS is requesting a waiver of the new Street Permit Fees, which the Board approved less than a month ago. Please see the enclosed letter from Lynne Truame. 14. New Business 15. Adjournment Page 2 of 9 No Yes 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: Svante Myrick, Mayor Board of Public Works FROM: Street Vending Subcommittee DATE: March 21, 2017 RE: Proposed Modifications to the Street Vending Policy In January 2014, The Board of Public Works approved a Street Vending Policy (revised September 2015) permitting food trucks/trailers to vend on city streets and city -owned property. The initial policy created permit fees based on the hourly parking rate, and vendors were expected to submit quarterly payments. The Street Vending Subcommittee has met multiple times since fall 2016 to develop a revised policy with the purpose to (a) create a more streamlined permitting process; (b) improve enforcement of the permit; and (c) create a more equitable fee structure based on square footage used and market values. Here is a list of the most significant revisions: 1. Application Fee - This fee is being replaced with an Administrative Fee, which will be charged annually. Vendors for special events and temporary permits will be charged this fee only once per year. 2. Permit Fees - The existing fee schedule, based on the on -street parking rate, is being replaced with four choices: a. Annual Permit, in effect from April 1 through March 31, or b. Seasonal Permit, in effect from April 1 through October 31. These are the same dates as Mobile Vending on the Commons. c. Premium locations, Collegetown or College -oriented locations, or d. Standards locations, all other approved locations throughout the city. In accordance with City Municipal Code Chapter 170, Use of City Property, fees are based on square footage (see enclosed fee schedule). A base fee will be used for mobile vending, either full year or half year. Premium rates are calculated by adding the square footage rate for "Collegetown or College -oriented" locations to the mobile vending base rate. Standard locations will add the square footage rate for "All Other Downtown "An Equal Opportunity Employer with a commitment to workforce diversification." Commercial" locations. Vending locations will be based on 300 square feet (as noted in #4 below). For example: 2017 Mobile Vending base fee for an annual permit is $11.75 per square foot. If a food truck wants to operate in an approved location in Collegetown, $3.49 (the square footage rate. for Collegetown or College -oriented locations) will be added to the $11.75, making the total square footage rate $15.24. Multiply that by 300 square feet and the annual permit would cost $4,572. For the same annual permit, with the vending locations changed to downtown Ithaca and/or within city parks, $.72 would be added to $11.75, making the rate $12.47. This annual permit would cost $3,741. Route -based Food Trucks (Ice Cream Trucks) will be charged the downtown seasonal rate no matter what route the truck will follow, due to the truck not being in one location more than 15 minutes at a time. 3. Size of Vending Locations - Vending locations will be calculated at 300 square feet. A standard parking space is typically 20' long by 8' wide. Food trucks/trailers can be up to 25' long. The city requires a buffer zone between food trucks/trailers and other vehicles, which accounts for the additional 5' in length. Two additional feet are added to the width to account for the right-of-way (tree lawn) area next to the food truck/trailer where customers stand to place their orders. This makes the vending locations 30' x 10' = 300 square feet. 4. Additional Vending Locations for Approval In an attempt to provide a large variety of vending locations, the Subcommittee is suggested the addition of 12 sites, as noted in the enclosed list of locations. 5. Zoning— Assistant City Attorney Krin Flaherty has reviewed the zoning law pertaining to P-1 zones, and has determined that Common Council will need to approve the proposed vending locations within the parks as an appropriate use of parkland. Staff hope that this topic can be discussed at the April City Administration Committee meeting, and by Common Council in May. The Street Vending Subcommittee respectfully requests that the Board of Public Works approve the revisions to the Street Vending Policy effective April 1, 2017. The Subcommittee further requests that the proposed vending locations be approved on a trial basis. 8A. Request for Encroachment Aareement/License at 308 East Seneca — Resolution WHEREAS, Mike Wells, on behalf of the business operating from 308 East Seneca Street (Tax Map Parcel No. 62.-5-14), in the City of Ithaca, with said property being owned by Bridge Coast Enterprises, LLC, has requested an encroachment agreement/license from the City into the adjacent airspace of the street right-of-way for East Seneca Street; and WHEREAS, the encroachment consists of the following: Lighting fixtures and an awning 92 inches above the sidewalk extending from the building into airspace by thirty inches (of which 22 inches are within the City right of way) along the southern face of the building located at 308 East Seneca Street to encroach for a span of approximately 14.5 feet, and encompassing approximately 28 square feet of air space above the City right of way, which is shown on a drawings submitted with the Application for Use of City Property, incorporated into this resolution by reference, and WHEREAS, it appears that the proposed lighting fixtures and awning will not interfere with the sidewalk or right of way as currently constituted; and WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs; and WHEREAS, the 2017-18 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 at 308 East Seneca Street, 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 of 9 CITY OF ITHACA - SIGN PERMIT APPLICATION 108 East Green Street, Ithaca, New York 14850 Telephone: 607-274-6508 Fax: 607-274-6521 Building Permit Application must be submitted Mon.—Fri. 8AM-10AM or by appointment. This side to be completed by aoolicant. PROJECT INFORMATION: Project Street Address: 308 Seneca Street E Tax Parcel: 62.-5-14 Name of Business: Pokeland Zoning District: CBD -60 Contact Person: Mike Wells Tele: 607-277-4727 APPLICANT/OWNER INFORMATION: Applicant: Mike Wells Owner: Bridge Coast Enterprises LLC Address: 207 Elmira Rd Address: 830 Hanshaw Road Ithaca, NY 14850 Ithaca, NY 14850 Email: mike@welcoawnings.com Email: Tele: 607-277-4727 Tele: CONTRACTOR INFORMATION: Contractor: Welco Custom Trim Insurance must be valid throughout the operation, required insurance to be provided by: Welco Custom Trim SIGN INFORMATION: Length of business frontave (in feet): 18.9 If business fronts on two streets (add'1 frontage): Sign Size: (In Feet) Type Length Width Material Illumination 1 Awning/Canopy 2:7 3:5 Other _ NotIlluminated.............. ..................... Max Height Front Setback Side Setback Projection Attachment Freestanding Signs: ns• ..... Wall Signs Only: 30" _ 4" lags �eaLtl� plYel�hl�atlr<oad� eant Tompkins County Hearth Department �? 607-274-6688 w"�U 156, acoc neaout c-vtta +V-0- s ed - TaxR Existing signs (freestanding or on business fagade) already on building: Type Length Width (in feet) Total Sq. Ft. To be Removed? ,nage Mate Online hnp://propertytompldns-co.org/IMOPrivate/bif File Photo Photo 3 of 3 Photo for 62.-5-14 in City of Ithaca 0 cm L7M ■n AGREEMENT / REVOCABLE LICENSE FOR USE OF CITY REAL PROPERTY THIS AGREEMENT, made this _ day of , 2017, by and between: ► Bridge Coast Enterprises, LLC, a domestic limited liability company with an address of 830 Hanshaw Road, Ithaca, New York 14850, and the owner of the property at 308 East Seneca Street, Ithaca New York, (hereinafter referred to as "LICENSEE'), and ► The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green Street, Ithaca, New York (hereafter referred to as "CITY"), WITNESSETH THAT: WHEREAS, LICENSEE is the owner of a parcel of land with improvements thereon in the City of Ithaca, County of Tompkins, State of New York, commonly known and designated as 308 East Seneca Street, Ithaca, New York, and as Tax Map Parcel No. 62.-5-14; and WHEREAS, LICENSEE wishes to use, occupy and/or encroach upon certain land in the City of Ithaca owned by CITY, for the benefit of the above -referenced parcel of LICENSEE, which CITY -owned land consists of approximately 28 square feet and is adjacent or proximate to said parcel of LICENSEE, and which use can be described as follows: Lighting fixtures and an awning 92 inches above the sidewalk extending from the building into airspace by thirty inches (of which 22 inches are within the City right of way) along the southern face of the building located at 308 East Seneca Street to encroach for a span of approximately 14.5 feet, and encompassing approximately 28 square feet of air space above the City right of way, which is shown on a drawings submitted with the Application for Use of City Property, incorporated here by reference and included as Exhibit A to this Agreement, and WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca establishes the process and the terms and conditions by which the CITY may license the use of and/or encroachment upon its real property to a person or persons; and WHEREAS, the CITY's Board of Public Works has authorized the Mayor to execute an agreement containing a revocable license that allows the above-described use or encroachment, subject to certain conditions; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, including receipt by CITY from LICENSEE of the fees described herein (either in full, or pursuant to an installment payment agreement), the parties hereto, for themselves, their heirs, executors, administrators, successors and assigns, do hereby covenant and agree as follows: 1. By the License herein contained, LICENSEE shall have the right to occupy and lawfully use the City -owned land described above, subject to the terms and conditions set forth herein. The CITY reserves the right to enter upon the licensed premises upon reasonable notice (or without notice in the event that the CITY, in its sole discretion, has determined that emergency entry is required) for the purpose of inspection or to assess or remedy a dangerous or potentially dangerous condition. 2. The use by LICENSEE 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 License/Agreement. 3. Subject to the provisions of Paragraph 4, below, the term of the License contained herein shall be for the period commencing April 1, 2017 (or on the date by which all application and use fees and any required forms described herein are received by CITY, whichever date is later) and expiring on March 31, 2018. This License shall renew automatically thereafter, for one-year terms, with the same terms and conditions (except that the amount of the Use Fee may be revised annually, per the provisions of Paragraph 6, below), provided that LICENSEE has submitted to CITY any required renewal forms, proof of insurance and the full and proper fee for the renewal period, before the commencement of such new term (i.e., before April 1st), and provided that the CITY has not notified LICENSEE, by March 1 It. of the CITY's intention not to renew for the following license year. 4. Notwithstanding any other provisions herein, the License contained herein may be terminated by LICENSEE, for any reason, upon at least 30 days' written notice to the CITY. In the event of such early termination, LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused portion of the term, provided that LICENSEE is in compliance with the provisions of Paragraph 8, below. Such early termination shall not relieve LICENSEE of its duty to restore and deliver up the licensed premises as described below. 5. Notwithstanding any other provisions herein, the License contained herein may be revoked or modified by 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 has determined that LICENSEE has failed to comply with any substantive term herein, and that LICENSEE has not cured such breach within the notice period, or (c) upon at least three months' written notice to LICENSEE that the CITY's Superintendent of Public Works has determined that the licensed premises is required for a public purpose. LICENSEE may appeal a non -emergency revocation or modification to the CITY's Board of Public Works, but must do so in writing within 15 days of the receipt of the revocation notice. In the event of such early termination (or modification that affects the amount of land that is licensed), LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused portion of the term (or in proportion to the reduced area), provided that LICENSEE is in compliance with the provisions of Paragraph 8, below. 6. This Agreement/License shall not take effect until fully executed and until the application and use fees set forth below have been received by the City. Application Fee: An Application Fee in the amount of $100.00 (in the form of a check payable to the City of Ithaca) must accompany submission of the application for this license to the City Chamberlain's office. The purpose of this fee is to cover the amount of City staff time typically associated with the processing of such applications. Annual Use Fee: The Use Fee for the initial year of this license (April 1, 2017, until March 31, 2018) is $0.00. This Use Fee is waived because the described use is a minor encroachment. In the event that this License is renewed, the Use Fee for subsequent years may be adjusted by CITY (a) by an amount up to the rate of any increase in the consumer price index since the previous year, or (b) to correspond with information from an updated appraisal report (expected to occur every 5 years). If the CITY intends such adjustment, LICENSEE shall be so notified by February 1 It prior to the expiration of the current term. Notwithstanding any other provisions herein, the CITY hereby reserves the right to correct the amount of the Use Fee at any time, if the square footage of land occupied by LICENSEE is found to be different from the amount stated above. In that event, the CITY shall send a Notice of Correction to LICENSEE, and any additional fee owed (or refund due) as a result of the correction shall be effective and pro -rated as of the date of such Notice. Likewise, in the event that the licensed premises are reclassified by Tompkins County as taxable, the full amount of assessed taxes shall be incorporated into a corrected Use Fee, as of the date such taxes become due. N 7. LICENSEE hereby agrees to maintain the licensed premises in a safe, sound, clean and serviceable condition, in accordance with all applicable ordinances of the CITY and such that no hazard is posed to the public from the public's use of or proximity to said premises, and to repair or remove any unsafe or improper structure or thing thereupon, as directed by the CITY. In the event of LICENSEE's failure to effect such repair or removal, after notice from CITY to do so, CITY may carry out the same and charge LICENSEE and its benefited property for such cost (plus a 25% administrative charge). 8. LICENSEE hereby agrees that it is LICENSEE's duty, at the end of the term (in the absence of timely renewal thereof) or in the event of other termination of the License, to deliver up the licensed premises in as good order and condition as they were at the commencement of the License (reasonable use and wear excepted), unless the CITY agrees in writing to accept the premises in a different condition. Unless otherwise agreed to by the CITY, such delivery shall include restoration of grade and original ground cover, if applicable, and removal of any debris and any structures installed by LICENSEE. Any damage to the premises or any debris remaining thereupon at such time shall be presumed to have been caused by LICENSEE. In the event of the failure of LICENSEE to effect the required restoration, within ten (10) days of the date of written notice from the CITY, the CITY may thereafter cause the restoration to occur and may subtract the cost thereof from any pro -rated refund due to LICENSEE and/or may assess the cost thereof (plus 25%) against LICENSEE and its benefited property. 9. LICENSEE hereby agrees to indemnify and save the City and its officers and employees harmless from any loss, injury or damage arising out of the occupancy or use of the encroached -upon City property, by LICENSEE or its servant or agent, or by any member of the public, or from any negligence or fault of said LICENSEE or its servants or agents in connection with the maintenance of the afore -mentioned encroachment, or the failure to maintain the same in good repair and safe condition, including attorneys fees and court costs. LICENSEE acknowledges that it will likewise hold the City harmless from any costs the City may incur, including legal fees, due to any claims which may arise out of LICENSEE's obstructing, encumbering or occupying any portion of the public area of any adjacent street, including the sidewalk. 10. LICENSEE hereby. agrees to keep the licensed premises insured at all times, in the amount of at least $1,000,000.00 for personal injury liability, to list the City as an additional insured under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of execution of this agreement, by the time of the annual anniversary of said original execution if this License is to be renewed, and as may be otherwise required by the City. 11. In the event of the expiration and non -renewal, or termination, of this License, failure of the LICENSEE to vacate the formerly licensed premises at that time may result in substantial penalties, pursuant to the Municipal Code of the CITY. 12. This License is transferable to a subsequent owner or lessee of the benefited property, but only upon proper re-application by said subsequent owner or lessee and submission of written proof of required insurance in the new licensee's name. 13. All notices provided for herein shall be sent to CITY at the address set forth above (in care of the City Chamberlain), or to LICENSEE (or any subsequent owner or person, as described above) at the address set forth above, or at any other address provided in writing to CITY by LICENSEE. 3 IN WITNESS WHEREOF. this Agreement has been duly executed by the parties hereto as of the day and year first above written. (Licensee) IM (signature) (print name and title) CITY OF ITHACA M Svante L. Myrick, Mayor STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or person on behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this day of, , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared SVANTE L. MYRICK, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say that he resides at Ithaca, New York, and that he is the Mayor of the City of Ithaca, the municipal corporation described in and which executed the above instrument; and that he signed his name thereto upon authorization of the Board of Public Works of such corporation. Approved as to form and content: City Attorney Ell Notary Public Date 9A. Authorization to Enter into Agreement with Cornell University for Erection of a Fence along Fall Creek Drive — Proposed Resolution WHEREAS, Cornell University proposes erection of a fence attaching to an existing stone wall along Fall Creek Drive; and WHEREAS, the stone wall is relatively low with a wide, flat top, from which people enjoy views of the gorge, but also unintentionally invites people to climb, stand or rest on it posing safety and welfare concerns related to falls into the gorge; and WHEREAS, although ownership of the land on which the stone wall sits is not clear, and may rest with an unknown third party, the City and Cornell as adjacent property owners to the unclaimed property (City as owner of the Fall Creek Drive right of way and Cornell as owner of the adjacent parcel) are interested in pursuing an agreement to enable Cornell to erect the fence; and WHEREAS, as part of its gorge stewardship, Cornell asked the City for permission to erect, on a voluntary basis, a fence at the stone wall to deter public access to the Cornell Gorge Parcel from the Stone Wall and Cornell obtained from the Ithaca Landmarks Preservation Commission a Certificate of Appropriateness on April 14, 2015 to construct a black metal picket fence with finials on top of the stone wall; and WHEREAS, City staff are supportive of Cornell's voluntary erection of a fence at the stone wall, and are in agreement that the fence will serve mutual public health, safety and welfare interests; and WHEREAS, to the extent City Code Chapter 170 "Use of City Real Property" applies, the Board supports entry into an agreement with Cornell University to authorize installation of the fence; and now therefore be it RESOLVED, That Board of Public Work authorizes, upon the advice of the City Attorney and Superintendent of Public Works, the Mayor to execute an agreement with Cornell University to govern the installation of the fence and responsibilities for the fence and stone wall. Page 4 of 9 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 Kevin Levine, Assistant City Attorney Jody Andrew, Executive Assistant MEMORANDUM To: Board of Public Works From: Office of the City Attorney Date: March 9, 2017 Subject: Resolution to authorize license to Cornell for erection of fence on Fall Creek Drive Cornell University has proposed erection of a fence attaching to an existing stone wall along Fall Creek Drive. The stone wall sits on the edge of a gorge wall that is eroding. The eroding condition of the gorge, the gorge view and stone wall pose a public safety hazard in that the public is not effectively deterred from viewing the gorge from such stone wall. Cornell and the City agree that the fence would address these concerns by preventing climbing, standing, or sitting on the stone wall, thereby preventing falls into the gorge from this section of Fall Creek Drive. Ownership of the land on which the stone wall sits is not clear, and may rest with an unknown third party. As such, this agreement is framed as a license between the two adjacent property owners (City as owner of the Fall Creek Drive right of way and Cornell as owner of the adjacent parcel) to allow Cornell to erect the fence. The proposed fence was approved fora Certificate of Appropriateness by the Ithaca Landmarks Preservation Committee on April 14, 2015 "An Equal Opportunity Employer with a commitment to workforce diversification." 10A. Resolution to Grant Hardship for 109 Parker Street for the Residential Parkina Permit System WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted June 9, 2004, for implementation of the Residential Parking Permit System (RPPS), which was established by Common Council on May 6, 1998 after an act of the New York State Legislature, and WHEREAS, in accordance with Section 260-4 of the City Code and in accordance with the BPW regulations, the BPW may grant hardship requests, and WHEREAS, 109 Parker Street is on a street within the residential Parking Permit Zone without on -street parking and is within the R-2 zoning designation; therefore allowing up to four permits per multifamily dwelling, now, therefore be it RESOLVED, That the Board of Public Works hereby grants up to four residents of 109 Parker Street to purchase permits for the Residential Parking Permit Systems, in accordance with the above-mentioned regulations. Page 5 of 9 12A. Request for Payment Plan for the Water and Sewer Bill for 105-07 East York Street — Resolution WHEREAS, on 12/19/2016 through 1/7/2017 there was a constant water leak of 16-20-CF/hr at 105-107 East York Street which resulted in a total usage of 115-HCF, 5 -times the normal water usage, and WHEREAS, an out of range letter was sent to the Customer as a result of the 2/2/2017 high water meter reading and the Customer scheduled and met with a City Water Meter Technician on 2/23/2017 to perform a data log and determine the time frame and likely cause of the leak, and WHEREAS, the leak apparently was the result of a malfunctioning toilet tank valve where all the water went through the water meter and out to the sanitary sewer, and WHEREAS, the customer responsible for the water and sewer bill totaling $1,418.45 has requested a payment plan be arranged with the City Chamberlains Office to enable them to pay the bill, now therefore be it RESOLVED, That the $1,418.45 current water bill not be subject to late fees or interest and a 1 -year payment plan be set up by the Chamberlain's Office with the understanding that if the Owner should let payment lapse the balance will be re -levied to the City tax bill for the property. The Owner will need to go to the Chamberlains Office with the first payment to set up this repayment plan within 30 -days of the date of this Resolution. Page 6 of 9 13A A Draft Resolution to Establish Guidelines for the Repair Pedestrian Connections between the Sidewalk and the Si WHEREAS, around the City in many locations are pedestrian connections in the public right of way between the public sidewalk, which runs generally parallel with the street, and the street itself; these connections usually take the form of concrete slabs, steps, a staircase, or a ramp, and WHEREAS, it has been the policy and practice of the City that these connections are there for the private benefit of the adjacent property owner and are therefore the responsibility of the adjacent property owner, and WHEREAS, as a matter of practice, when the City sponsors a construction project that would modify these connections (and particularly when the connections are not in a state of good repair), the City has offered to rebuild the connection at the property owners cost, and WHEREAS, if the property owner declined this opportunity, the City would typically remove the connection as serving no public benefit, and WHEREAS, from time to time, adjacent property owners have appealed or will appeal that these connections serve some public purpose and ought to be reconstructed at the City's cost or in some cost sharing arrangement, and WHEREAS, the Board of Public Works desires to establish a set of criteria to assist in evaluating such appeals with the expectation that the criteria will provide guidance to staff, Board Commissioners, and the public, now therefore be it RESOLVED, That the Board of Public Works establishes the following criteria as guidance to assist in decision making in cases when an abutting property has appealed for City participation in the cost of repairing or reconstructing pedestrian connections between the public sidewalk and the street: • The City is sponsoring a construction project that affects an existing pedestrian connection as described above; • Due to the City project, there would otherwise be no pedestrian access to the street curb from the sidewalk due to a steep slope or retaining wall; • The vertical distance between the top of curb and sidewalk is at least 4 feet; • The proposed condition would otherwise have a longitudinal distance of more than 150 feet to some other pedestrian access to the street, such as a driveway apron, a set of stairs, a concrete slab, or a ramp; • The Police Chief and Fire Chief have agreed that the stairs would provide an emergency services benefit; • The Transportation Engineer has agreed that either a mid -block crossing is appropriate or that the construction of the stairs is not likely to lead to a significant pedestrian or traffic safety issue, and be it further RESOLVED, That these criteria are not meant to be the exclusive criteria to be used in decision making and that other factors may be considered as needed, and be it further Page 7 of 9 RESOLVED, That it is not the intention of the Board of Public Works to commit the City to future maintenance of such pedestrian connections should they be approved for one time funding and that it is the expectation of the Board that maintenance of the pedestrian connections will still be the responsibility of the abutting property owners in accordance with the City Code. Page 8 of 9 1313. Approval of the Ithaca Youth Bureau Buildina as a Location for Future Murals — Proposed Resolution WHEREAS, in 2010, the City of Ithaca Public Art Commission (PAC) created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several City -owned sites for inclusion on the list of potential sites in the City of Ithaca Public Art Commission's Mural and Street Art Program by resolution on May 19, 2010 and has approved additional sites for inclusion in the program since that time, and WHEREAS, as a result of this approval, the PAC has worked with more than 50 artists to install murals on City -owned property throughout the city, and the response to the new murals has been overwhelmingly positive, and WHEREAS, the Ithaca Youth Bureau (IYB) has asked the PAC to consider the exterior of the IYB building as a location for future murals to help brighten up the building and make the building look more kid- and community -friendly, and WHEREAS, the PAC would like to consider the IYB building as a location for future murals and will work with IYB staff to ensure that any proposed murals meet the IYB's goal for the space; now, therefore, be it RESOLVED, that the Board of Public Works approves the Ithaca Youth Bureau building for inclusion on the list of potential sites for the PAC's Mural and Street Art Program; and be it further RESOLVED, that the PAC will continue to work with Planning Department staff to conduct a mutually acceptable public input procedure for engaging nearby businesses, residences, and/or business and neighborhood associations for each specific project, and be it further RESOLVED, that the PAC will work with the City Attorney to ensure that any art mural RFP or contract with a participating artist reflects and accommodates the needs and constraints of the City. Page 9 of 9 Kathy Servoss From: David Warden <wardavl502@yahoo.com> Sent: Tuesday, March 21, 2017 9:41 PM To: Kathy Servoss Subject: Re: Youth Bureau Building Kathy, I looked at the exterior siding. It looks like it is constructed of pre -fabricated concrete panels with a foam reinforced backing and a thin concrete parging on the surface. The base concrete is at least 3/4" thick, maybe thicker. No matter, any paint on the surface would be permanent and probably soak in to the concrete. A painted Muriel would mean that the paint would have to be maintained and removal back to the original surface would only be possible at significant cost. This is my assessment from observation only. I did not uncover the original specs for the building. Please feel free to share this with BPW and anyone else involved. I will be glad to do further research on this if necessary Thanks David W Sent from my iPad On Mar 21, 2017, at 7:30 AM, Kathy Servoss < > wrote: Good morning, My notes from the last BPW meeting state that you had volunteered to look into how the Youth Bureau building was constructed. Have you been able to look into that? Or was I supposed to look through our boxes of files from when the building was built? Thanks, Icatho servoss Executive ass%stawt Sept- of 1>ubl,'V' worles,EwgLIM rLwg �F �arle%wg Cato of Ithaca 109 E. creew st. Ithaca, NY :L4250 b07-274-6527 March 22, 2017 Mike Thorne Superintendent of Public Works, City of Ithaca 108 E. Green St Ithaca, NY 14850 Door Mr. Thorne: Last week INHS was noted of the new sidewalk closure fee for construction projects. We understand this fee will go into effect on April 15 and will Impact not only future projects, but projects that have already been permitted and are under construction. I am writing to request that this fee be waived for the 210 Hancock Street project, for the reasons enumerated below. As you know, 210 Hancock is a publicly -funded affordable housing project; we have a very tight budget and no flexible sources of funding to accommodate an unforeseen new fee. Our project contingency Is controlled by New York State HCR. We have already had to use our own internal funds to pay for an unanticipated traffic control study for the HancockNVillow/Lake Ave intersection that was required by the City, ata cost of over $5000. Now Kent Johnson has informed us that the new sidewalk closure fees wlll cost our project an additional $500 per week per block, which, for Hancock and First Street, would equate to $500 x 2 (blocks) x 6 (weeks) _ $6,000 at a minimum. If the installation of the new sidewalks is delayed this cost could easily increase by another $2,000 to $4,000 dollars. Had this fee been in existence when we were planning our project we could have prioritized designing and staging to avoid, or at least minimize, the sidewalk closure. Since we are already under construction, that option no longer exists. Both of the sidewalks adjoining our site were removed during demolition so there is no way at this point to open them up to avoid the fee. At Tiim Logue s suggestion we requested pricing from our contractor to install temporary asphalt sidewalks in these locations. Today I received a price of $12,350 for that work: $5,700 for First Street and $6,650 for Hancock Street. That is the cost to Install and remove asphalt only and does not Include the cost of sub -base. The permanent sidewalk for 210 Hancock is scheduled to be installed in late May. Given the considerations above and how close we are to being able to install permanent sidewalk, I would respectfully request that the Board waive the new sidewalk closure fee for the 210 Hancock project. Thank you for considering this request. Si y . Truame nior Real Estate Developer 115 West Clinton Street, Ithaca, New York 14850 Phone: 607-277-4500 1 IthacaNHS.org