HomeMy WebLinkAbout02-19-19 Board of Public Works Meeting Agenda0
DATE: February 19, 2019
BPW Meeting
0
TIME: 6:00 pm
LOCATION: 3rd Floor,
Board of Public Works
City Halt, Council Chambers
108 E. Green St., Ithaca
AGENDA ITEMS
Time
Topic Votigq?
PresenterAsl Allowed
I -
Call to Order/Agenda Review No
Mayor Myrick
®
Mayor's Communications No
Mayor Myrick
®
Communications and Hearings from Persons No
Public 5 min.
Before the Board
4.
Response to the Public No
Commissioners
®
Reports No
Various 15 min.
A. Special Committees of the Board
B. Council Liaison
C. Board Liaisons
D. Superintendent and Staff
6.
New Presentations
® Administration & Communications
A. Minutes for Approval Yes Mayor Myrick 5 min.
1. August 2018
2. September 2018
B. Resolution to Repeal DPW Drug and Alcohol Yes Supt. Thorne 10 min.
Testing Policy Statement
The Superintendent would like to repeal the policy that was enacted in 2002 and prepare a new
policy that contain different penalties for employees that test positive for drugs.
8. Buildings, Properties, Refuse & Transit
A. Resolution to Authorize Execution of a License Yes Supt. Thorne 10 min.
Agreement for Installation and Maintenance of
TCAT Bus Shelters within the City Right of Way
TCA T wants to install new bus shelters along their bus routes. The shelters would be
constructed in the City's right of way. They are requesting a revocable license agreement for
the installation and maintenance of those shelters.
9. Highways, Streets & Sidewalks
A. Vision Zero Initiative No Dir. of Eng. Logue 10 min
A request for the city to official adopt a "Vision Zero" strategy for the city's roadway network
be sent to Common Council. This discussion is for the Board's information and discussion.
B. City Speed Limit Change No Dir. of Eng. Logue 15 min
After extensive evaluation, staff is recommending a change to the speed limit with the City,
C. 2019 Traffic Calming Program Recommendations No Dir. of Eng. Logue 10 min
This is an update on the Traffic Calming Program.
10. Parking &Traffic
A. 304 Mitchell Street Request for Residential No Dir. of Parking 15 min
Parking Permits Messmer
Information was gathered and is presented to explain the history of RPPS for this address and
If you have a disability that will require special arrangements to be made in order for%lou to i.dLtgate in the meeting,f ea
607-274-6570 at least 48 hours before the meetiT.
-The —Boari4 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, I
Time
Topic Voting? Presenter(s) Allowed
the reasoning for allowing the resident to purchase a permit.
B. Resolution to Add a Handicap Parking Sign Yes Dir. of Parking 5 min
located at 126 Farm Street Messmer
The City received a request for an additional Accessible Parking Space on Farm Street
C. Resolution to Add a 15 minute Parking Zone in Yes 5 min.
Front of CFCU Community Credit Union on Esty
Street
The City would like to change the parking regulations on Esty Street to allow for 15 minute
parking adjacent to CFCU Community Credit Union.
D. Resolution to Establish No Parking Anytime on Yes 10 in.
of Sides of the Full Length of Pier Road
City staff is requesting that parking be prohibited along Pier Road,
E. Resolution to Establish 15 minute Parking on the Yes 5 min.
North Side of East Court Street Adjacent to
Temple Beth El
The City would like to modify the parking regulations on Court Street near Temple Beth El to 15
minute parking.
=��
A. Resolution Accepting Title to Portions of Brindley Yes Dir. of Eng. Logue 10 min.
and Taber Streets and Assuming Maintenance
Responsibility
A resolution is required stating that the City accept-s- the propel1y for the Brindley Street Bridge
Project and agrees to maintain the same.
A. Authorization for or to Execute a Yes Dir, of Eng. Logue 10 min.
Memorandum of Understanding ("MOU") with the
To of Ithaca to Permit the Town to Use the
Route 13 Pedestrian Bridge for the Gateway it
- Resolution
The Town of Ithaca is moving forward with the Gateway Trail and would like to enter into an
MOU with the City for use of the pedestrian bridge that crosses Route 13.
® Wa& Sewer
A. Denial of Appeal of Water Service Installation Yes Asst. Supt. Whitney 5 min.
Billing for 926, 930, 936 Hector Street -
Resolution
A resolution denying the appeal is provided per the Board's discussion in January 2019.
13. New Business No
14. Adjournment Yes
Date: February 13, 2019
',TY,!'HEREAS, the City of Ithaca Department of Public Works has a Policy Statement for Drug
and Alcohol Testing, adopted by the Board of Public Works on December 11, 2002, which
follows US Department of Transportation regulation 49 CFR Part 40 for employees who are
required to hold Commercial Drivers Licenses, but which also imposes additional penalties o
DPW employees who have positive test results, and
WHEREAS, the additional penalties imposed by the DPW policy statement have the potenti
to penalize the Department of Public Works and the City of Ithaca as well, by placing the
employee who tests positive on unpaid leave for an undefined period of time (typically I to 2
months), thereby leaving the DPW workforce shorthanded, and
WHEREAS, the Superintendent of Public Works, in consultation with Human Resources and
the City Attorney's office, is desirous of developing new penalties for employees who test
positive on random drug tests, and which such process shall be consistent with USDOT 49
CFR Part 40 and the Tompkins County Consortium Drug and Alcohol Testing Program Polic
the latter of which was adopted by the City of Ithaca in 2010, and
WHEREAS, adoption of a new DPW policy, implemented and modified as needed from time
time by the Superintendent of Public Works, requires the repeal of the current policy, therefo
be it
RESOLVED, That the City of Ithaca, Department of Public Works Omnibus Drug and Alcoh
Testing Policy Statement adopted by the Board of Public Works on December 11, 2002 is
hereby repealed, and be it further i
RESOLVED, That the Superintendent of Public Works shall adopt a new and similar policy
and, in consultation with Human Resources and the City Attorney's office, will develop new
penalties thereunder for employees who are required to participate and subsequently fail
random drug and alcohol tests.
WHEREAS, Tompkins Consolidated Area Transit, Inc. (TCAT), a not -for -profit corporation, has
received funding to install certain bus shelters within the City of Ithaca; and
WHEREAS, the current proposed site to utilize an existing concrete pad, installed by the City,
and within the City's right of way east of the Salvation Army building, located at 150 North
Albany Street; and
residents; and
WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public
works uses or needs, is to the existing use of City owned property at this location; and now,
therefore, be it
RESOLVED, That the Board of Public Works authorizes the Mayor, upon the advice and
counsel of the City Attorney, to enter into a revocable license agreement with TCAT for
installation of the above -referenced bus sW:elter,
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This License Agreement, effective as of , is by and between Tompkins
Consolidated Area Transit, Inc., with offices at 737 Willow Avenue, Ithaca, NY 14850 ("TCAT"), and
with an ("Licensor")
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1. Licensor grants to TCAT a revocable license to erect, place, replace, maintain, repair, and
inspect a bus shelter, public transit signs, and related facilities (collectively referred to as "Transit
Facilities") within the License Area (described below) on Licensor's property (the "Property") located at
' together with the rights of free ingress and egress in, over, across, upon and under
the License Area. The license includes the right of the public to use the Transit Facilities and to have
ingress and egress rights over and across the License Area to
buses. The License Area and Transit Facilities' locations, dimensions, and methods of installation are
shown
Agreement. The parties may amend Exhibit A from time to time by a written document signed by both
parties.
2. Licensor agrees that no buildings, structures, trees or plants shall be constructed, installed,
placed or maintained within the License Area that interfere with complete access to or the use of the
License Area by TCAT, its successors, assigns, employees or agents, or the public, as described herein.
3. Licensor agrees it will not engage in any conduct, directly or indirectly, that blocks, obstructs,
or interferes with the rights as described herein V.AT Y"p
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the public.
4. Except as otherwise set forth in this paragraph, TCAT shall be responsible for all expenditures
of labor and materials and other expenses to erect, place, replace, maintain, repair, and inspect the
Transit Facilities, as well as for all labor or other expenses to relocate or dismantle them. All Transit
Facilities are and shall remain the property of TCAT. Licensor shall be responsible for the following: List
kibcie•
5. Lice�s�r 6i�ftAT shall be responsible for the cutting or trimming of any vegetation within the
License Area, the removal of trash from trash receptacles and litter from the License Area, and cleaning
the Transit Facilities.
6. Licensor or. TCAT shall be responsible for the removal of snow and ice from the License Area.
7. TCAT is responsible for obtaining any applicable site plan or other zoning approvals for the
Transit Facilities. If any portion of the Transit Facilities will be within any part of the New York State,
Tompkins County or municipal right-of-way, RAT is responsible for obtaining and complying with all
required New York State Department of Transportation, Tompkins County Highway, or municipal
highway permits associated with the placement of the Transit Facilities within the right-of-way.
8. If a Transit Facility poses a hazard to Licensor's operations or the public, Licensor may direct
TCAT by written notice to remove or repair the Transit Facility. TCAT shall do so as soon as feasible. if
Licensor determines in its sole discretion that the hazard must be addressed by immediate action,
Licensor may remove the Transit Facility without prior notice to TCAT and thereafter notifX TCAT that it
took such emergency action. MAT shall reimburse Licensor for its reasonable removal costs within
fifteen (15) days of receipt of Licensor's documentation of costs.
9. The license shall remain in effect unless and until this License Agreement terminates. Either
party may terminate this License Agreement upon sixty (60) days advance written notice to the other
party. In addition, this License Agreement will automatically terminate if TCAT removes all Transit
Facilities from the License Area and does not install any Transit Facilities within the following sixty (60)
day period.
10. If the License Agreement is terminated, TCAT must remove all Transit Facilities by the
termination date. Upon permanent removal of a Transit Facility from a location (regardless of whether
disturbed by the Transit Facility's installation (if applicable), unless Licensor agrees in writing to accept a
different property condition.
11. Licensor is not charging TCAT a fee for the license, as the parties agree that TCAT provides a
valuable benefit to Licensor by transporting customers/residents on buses to the Property, and the
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12. Throughout the term of this License Agreement, TCAT shall maintain General Liability
insurance in the amount of $1,000,000.00 per occurrence for bodily injury or property damage, list the
Licensor as an additional insured under said insurance policy, and provide written proof of such
insurance from the insurer, prior to the effective date of this License Agreement, and thereafter as
required by Licensor.
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State of New York without regard to, or the application of, New York State's choice of law provisions.
of such court.
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16AW -TIT return receipt requested. All notices shall be effective upon the date of receipt. Either party may
change the address to which notices are sent by giving notice of such change in the manner set forth
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16. This License Agreement constitutes the entire agreement between the parties and
supersedes any and all prior written or oral agreements, negotiations or understandings, existing
between the parties. This License Agreement may be amended only by a written document signed by
each party.
0
TOMPKINS CONSOLIDATED [LICENSOR'S NAME]
AREA TRANSIT, INC.
By, By: -
[name] [name]
General Manager [title]
Date: Date:
M
TO: Common Council
From: Eric Hathaway, Transportation Engineer
Date: 2/13/2019
Re: Vision Zero Initiative
I am writing to request that Common Council consider adopting the attached resolution and
officially embrace a "Vision Zero" strategy for the City's roadway network. Vision Zero is 9
f,-nethodology to eliminate traffic fatalities and severe injuries occurring on the roadway
network. Vision Zero is a non-traditional approach to safety that requires a shift in how
communities approach decisions, actions, attitudes and safe moiility.
and focuses on influencing system -wide practices, policies, and designs to lessen the severity
of crashes.
FIRW=
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• The Mayor, elected officials, and leaders within transportation, public health and
police, commit to the goal of eliminating fatalities and serious injuries by a specific
timeframe. These leaders work collaboratively toward this goal.
• Meaningful and accessible community engagement is employed with a focus on
equity
• An action plan is developed with goals and strategies for achieving them
• Projects are prioritized that have safety benefits
I =1
* Streets are designed to create safe, well-connected transportation network for all users
* Proven speed management policies are used to achieve safe conditions for all users
DIENIM
* Commitment is made to equitable approach and outcomes, prioritizing engagement
and investments in under -served communities
* A proactive, systems -based approach is used to identify and address risk factors
* Map of fatal and severe injury crashes is developed to prioritize projects
* Findings are shared with decision makers and the public
I believe that the core elements described above represents a comprehensive approach to
traffic safety that would effect change in our community. The natural question to ask;
however, is whether we have a problem worth solving. What I have described above is a
significant effort and represents a change from how most communities approach safety.
The engineering office has begun a city-wide evaluation of the crash trends for a 10 year
fteriod using a state-wide database. We have found a record of 11,525 crashes, 1,3 93 (12%"
injury crashes, 178 (1.5%) severe injury crashes and 5 fatalities. Based on these numbers, I
do believe that the City of Ithaca has room to improve safety and that a comprehensive
approach is justified.
Next Steps
If Common Council and Mayor Myrick adopt Vision Zero, below are some of the initiatives
that I would undertake to move towards a safer transportation network. I invite further
suggestions as well.
Conduct a kick-off meeting with at least the following stakeholders to discuss Vision
Zero, partnership opportunities and key components of an action plan.
o Jan Lynch, Executive Director of Finger Lakes Independence Center
o Lisa Monroe, Director of Tompkins County Office for the Aging
o Nydia Boyd, Executive Director Sout hside Community Center
o Pete Tyler, Police Chief
o Dr. Luvelle Brown, Superintendent ICSD
o David Smith, NYSDOT Region 3 Regional Director
o Fernando DeAragon, Executive Director ITCTC
o Frank Kruppa, Public Health Director Tompkins County
o Victoria Armstrong, Bike Walk Tompkins
o Bridgette Brady, Senior Director of Transportation Cornell University
o Scot VanderPool, TCAT Operation Manager
o Gary Ferguson, Downtown Ithaca Alliance
o Member of Common Council
o Member of Board of Public Works
o Member of MATCOM
o Member of Way2Go
o A representative from all active neighborhood groups
K
An Immediate Action
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The Engineering Office has evaluated speeds at roughly 20 locations as part of the City's
traffic calming program. One finding from this work is that traffic speeds on many of these
streets is almost entirely under the city-wide speed limit of 30 miles per hour. Considering
this, along with the residential nature of almost all of Ithaca's streets, it is our conclusion that
it would be appropriate to reduce the speed limit to 25 miles per hour on the majority of
Ithaca's roadway network and to 20 miles per hour in some locations.
0
A recent study by the Insurance Institute for Highway Safety found that a City-wide speed
limit reduction in Boston from 30 miles per hour to 25 miles per hour resulted in lower
speeds. This was independent of roadway infrastructure changes. Average speeds were not
greatlki.jM-!,acted, but the number of vehicles traveling-over-15jnilenr��.
29.3 percent. It is well documented that speeds in this range represent a danger to
pedestrians.
Unfortunately, New York state law does not currently allow communities to establish city-
wide speed limits under 30 miles per hour. The attached resolution would establish that
Common Council believes this is not appropriate. The attached resolution states that an
appropriate state law would permit the City of Ithaca, and all other cities and villages in New
York State, to '► appropriate city-wide and individual street speed limits, based on
accepted engineering ►
Through my conversations with Barbara Lifton's office, this resolution would be the first
step towards requesting that the state law be changed to allow communities to establish
appropriate speeds in their community. I do want to clarify that setting a city-wide speed
limit of 25 miles per hour does not preclude setting individual speed limits higher than 25
miles per hour. It is likely that some roadways in the City would remain posted at 30 miles
per hour; however, they would be the minority of roadways. Therefore, a 25 mile per hour
area speed limit would be more appropriate and efficient for city-wide signage.
Conclusion
I believe that, by the City adopting Vision Zero as a philosophy, we have an opportunity to
better understand traffic safety issues and will be better equipped to improve safety.
RESOLUTION NO.
A RESOLUTION SUPPORTING THE CITY OF ITHACA'S
VISION ZERO PLAN TO ELIMINATE ALL TRAFFIC -RELATED
FATALITES AND SERIOUS INJURIES
WHEREAS, traffic crashes are among the leading cause of death and injury within the
United States; and
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cause of injury related hospitalizations an#i third leading cause for injury related
emergency department visits in New York State. On average, three New Yorkers die
every day due to a traffic -related crash. The combined hospitalization and emergency
iepartment charges average $1.1 billion, annually; and
TI'AEREAS, from 2008 to 2017 the City of Ithaca had a total of 182 serious injury
crashes including 5 fatalities; and
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11HEREAS, death and injury on our streets is unacceptable and many serious crashes
are preventable; and
WHEREAS, traffic deaths and serious injuries in 'the United States have
disproportionately impacted pedestrians, cyclists, people of color, low-income
households, older adults and youth, people with disabilities, and households with limited
vehicle access; and
111fiEREAS, the City will hereby commit to decreasing these crash statistics by
endorsing Vision Zero, which is a safe systems approach and strategy to eliminate all
traffic fatalities and severe injuries, while increasing safe, healthy, equitable mobility f]
all; and
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NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Ithaca,
NY, that:
SECTION 1. The City of Ithaca hereby adopts a goal of eliminating traffic deaths and
serious injuries; and endorses Vision Zero as a comprehensive and collaborative
approach that involves several City departments in order to achieve this goal, and be it
further
101 11MU-12M Ito's Oil 4,111 r:W.1 ILYA TMQUIUMMINENT
Council, based upon a comprehensive analysis of traffic deaths and injuries in the City
-#)f Ithaca.
SECTION 3. Common Council directs the Transportation Engineer to oversee the
Vision Zero Action Plan to addresses traffic deaths and serious injuries through a
collaborative combination of engineering, enforcement, education, and evaluation, with
public engagement and other stakeholders.
PASSED AND DULY ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ITHACA THIS - DAY OF 2019.
M
To: Common Council
From: Eric Hathaway, Transportation Engineer
Date: 2/13/2019
Re: City Speed Limit Change
The Engineering Office has evaluated speeds at roughly 20 locations as part of the City's
traffic calming program. One finding from this work is that traffic speeds on many of these
streets is almost entirely under the city-wide speed limit of 30 miles per hour. Considering
—this -gllgn g with the residential nature of almost all of Ithaca's
it would be appropriate to reduce the speed limit to 25 miles per hour on the majority of
Ithaca's roadway network and to 20 miles per hour in some locations.
A recent study by the Insurance Institute for Highway Safety found that a City-wide speed
limit reduction in Boston from 30 miles per hour to 25 miles Der hour resulted in lower
speeds. This was independent of roadway infrastructure changes. Average speeds were not
acted but the number of vehicles travelin-wm3or-r-35-mi1ju
29.3 percent. It is well documented that speeds in this range represent a danger to
pedestrians.
Unfortunately, New York state law does not currently allow communities to establish city-
wide speed limits under 30 miles per hour. The attached resolution would establish that
Common Council believes this is not appropriate. The attached resolution states that an
yriate state law would ennit the Cit,, of Ithaca.
York State, to establish appropriate city-wide and individual street speed limits, based on
accepted engineering practices.
Through my conversations with Barbara Lifton's office, this resolution would be the first
step towards requesting that the state law be changed to allow communities to establish
appropriate speeds in their community. I do want to clarify that setting a •" speed
limit of 25 miles per hour does not preclude setting individual speed limits higher than 25
miles per hour. It is likely that some roadways in the City would remain posted at 30 miles
flier hour; however, they would be the minority of roadways. Therefore, a 25 mile per hour
area speed limit would be more appropriate and efficient for city-wide signage.
RESOLUTION NO.
A RESOLUTION SUPPORTING THE REDUCTION OF THE CITY-WIDE
DEFAULT SPEED LIMIT FROM 30 MILES PER HOUR TO 25 MILES PER
HOUR
ITAEREAS, the observed speeds that citizens report as feeling unsafe in their
communities has been shown to be less than 30 miles per hour through speei,
-valuations; and
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11HEREAS, reduced speeds narrow the difference in operating speeds of vehicles and
bicycles, which can improve safety for these vulnerable users of the roadway network;
and
WHEREAS, a reduction in speed from 30 miles per hour to 25 miles per hour
represents an increase in travel time of only 24 seconds per mile under free flow
conditions; and
WHEREAS, the State Vehicle and Traffic Law Section 1643 prohibits cities and villages
Z
Trom establishing area -wide speed limits below 30 miles per hour and also prohibits
establishing any speed limit under 25 miles per hour on any roadway (except school
zones).
WHEREAS, in some cases, this law prevents the City from establishing appropriate
speed limits based on accepted engineering practices; and
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Ithaca,
NY, that:
SECTION 1. The City of Ithaca hereby requests that the State of New York amend
Vehicle and Traffic Law Title 8, Article 38, Section 1643 to allow all communities to
establish a city-wide speed limit as iow as 25 miles per hour. Further, on roadways
where established FHWA methodologies for establishing speed limits recommend
speed limits lower than 25 miles. per hour, cities and villages should be permitted to post
speed limits lower than 25 miles per hour.
ITHACA ,: 9
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crry OF IT
108 East Green Street., Suite 202 Ithaca. New York 14850-5690
OFFICE OFTHE' CITY ENGINEER
ldephone� 607,-27,J-6530 Fxx: 60727-1-6587
TO: Board of Public Works
FROM: Eric Hathaway, Transportation Engineer
Kent Johnson, Assistant Transportation Engineer
RE: 2019 Traffic Calming Program recommendations
DATE: January 23, 2019
This inerno provides an update to the previous Traffic Calming Program memo dated 3/7/18. The previous
rnerno outlined the work proposed to occur in 2018. This memo summarizes the work accomplished in 2018
and work to be carried over into the 2019 season, along with a few proposed revisions to the work plan.
Work accomplished in 2018:
- Twenty traffic calming request applications were processed and evaluated,
- Staff proposed and evaluated possible traffic calming measures at a few additional locations,
- Traffic calming infrastructure plans were created,
- Six driver speed feedback signs were installed.
- In 2018, almost $40,000 was invested in traffic calming infrastructure and equipment.
Work proposed to occur in 2019:
- A spreadsheet is provided below detailing the evaluation results from each traffic calming request — a
summary of the work proposed to occur in 2019 is listed below.-
- 200 block S. Geneva St. — establish an at -grade mid -block crosswalk including curb bump -outs to shorten
the crossing distance and improve visibility.
300 block S. Geneva St. — install a concrete center island at the approach to N. Titus Ave. to encourage
drivers to slow down when turning from N. Titus Ave. onto S. Geneva St.
Hudson St./Hillview PI, intersection area — install additional pedestrian crossing treatments including a
curb burnP -out, new curb ramps, and in -street yield to pedestrian sign. Also install white edgeline in the
northbound direction on Hudson St. between Crescent P1. and Hillview Pl.
E. Falls St. — install a raised crosswalk across E. Falls St. at the N. Tioga St. intersection.
E. Seneca St. — install curb bump -outs at the Schuyler Pl. intersection.
W, Court St. — install two raised crosswalks to connect to Washington Park to complete previously planned
work.
- Mitchell St. — install speed hump in the 800 block,
- Madison St. — install speed hump in the 200 block.
- Fair St, area — install concrete raised center islands on South St. and on Wood St. on then- eastbound
approaches to Fair Street, Install a speed hump in the 300 block of Wood St.
The total cost for design and construction work planned for 2019 is estimated to be around $80,000.
JXAPITAL PROJECTSU'raffic Calming - CP 84 1 \New Traffic Calming project CP 84 1 \MEMO to BPW - 2019 Traffic Calming
recommendations - rev 1-23-19.doc
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at Servoss
From:
Marshall McCormick <arshall@fingerlakeswm.co>
Sent:
Tuesday, February 12, 2019 8:52 P
To:
Board of Public Works; Peter Messmer
c:
Michael Thorne; Julie Holcomb
Subject:
Re: 304 Mitchell Street Re. RPP Program
Categories: BPW
Thanks Peter for the Memo. It lays out the extensive considerations that you have put into clarifying this issue for
us —much appreciated.
I have one question as to the inclusion of 304 Mitchell in the parking permit system. Was 304 Mitchell included as an
eligible property for the parking permit system from the creation of the RPP program? Or was 304 Mitchell included
only as a result of the hardship petition in 2004?
If it's the latter, then I think more discussion is warranted. From Julie's previous email regarding the same property,
it sounds like there's some ambiguity in the code, and I would be interested in hearing what other Commissioners
and Council Members have to say about whether a hardship petition should carry with a property in perpetuity:
Jan 17 2019:
"The discussion that Pete and I were having is whether or not the hardship cases are approved for the RESIDENTS
of the property and therefore null and void upon transfer of the property to new owners OR whether the hardship
case is grandfathered to the PROPERTY regardless of who requested it and what the situation was. We have been
having a conversation about clarifying the language in the City Code by splitting out the reasons that hardship cases
are considered:
MCA
ReMetuity.
2 Such o Other instances of hardship (excluding self-created hardship) as the Board of Public Works in its
discretion determines sufficient for issuance of additional residential parking permits.
The first instance would be property based and the second instance would be for resident related hardships — health
issues / health care providers, etc. The Board would designate which category the hardship is being approved for
and then my office would know how to handle future requests."
Best,
Marshall
Marshall McCormick
Fingerlakes Wealth Management
450 N. Aurora St.
Ithaca, NY 14850
Office: 607.257.1008
Cell: 607.339.2775
Fax: 914.819.0210
www.FinaeriakesWM.com
Marshall@FingerlakesWM.com
A
ME
. rom: Peter Messmer, Director of Parking
Date: 2/12/19
Re: 304 Mitchell Street Request for Residential Parking Permits
Aftachments:
Attachment I — RPP Zone Map
Attachment 2 — City of Ithaca Official Zone Map Excerpt of Mitchell Street and Delaware
Avenue.
Attachment 3 — Chapter 260 of the City of Ithaca Code
Attachment 4 - CITY OF ITHACA RESIDENTIAL PARKING PERMIT SYSTEM
REGULATIONS: Adopted by the Board of Public Works on March 24, 2014
Attaclunent 5 - § 346-8OSchedule XXX Residential Parking Pennit Zones
Attachment 6 — Proposed Resolution for Residential Parking Pertnits for 304 and 3041 Mitchell St.
This memorandum is being written to explain the history of the Residential Parking Permit
status associated with the property located at 304 Mitchell Street and to explain the current
disposition of the request from the present owner of the property for Residential Parking
Pen -nits.
History
2004 - Hardship application was approved for 304 Mitchell Street, in accordance with City
Code Chapter § 260-4 Exemptions.
Dee 6, 2018 — Mr. Vitali jau, co-owner of the property at 304 Mitchell Street, requested
that he be granted residential parking permits to park in the currently designated Residential
Parking Permit zone on 100 and 200 blocks of Delaware Avenue.
Dec 18, 2018 - Parking Division wrote a draft resolution for residents of 304 and 304A
Mitchell Street to purchase pen -nits for the Residential Parking Pen -nit zone on Delaware
Avenue. This draft resolution was not included on the agenda for the December 2018 BPW
meeting.
0
Dee 21, 2018 - Parking Division researched records regarding 304 Mitchell Street and found
that this property is already in the RPP program and is included in § 346-80: Schedule XXX:
Residential Parking Permit Zones. (Reference Attachment 5)
Dec 21, 2018 - Parking Division informed Mr. Vitali Arujau that he is eligible to purchase
two (2) Residential Parking Permits and to contact the City Clerk's office to complete the
transaction.
q Q0 Ful-Tr0=111,
304 A Mitchell Street Residential Parking Permits inadvertently included on January 15,
F*.,'PW meeting agenda. BPW voted not to grant Residential Parking Permits for 304 and 304
A Mitchell Street, prior to arrival of Director of Parking, Director of Parking was asked to
fully research and document the situation and provide information to BPW.
Week of January 21, 2 019 - Mr. Vitali Anij au met with the City Clerk, Julie Holcomb. She
explained to Mr. Arugau what had happened and that he would have to wait for further
clarification on whether or not he would be able to purchase Residential Parking Permits.
The Parking Division has investigated and documents the following:
1. Verification of the RPP Zone:
accordance with Chapter 260 Residential Parking Pen -nit System, 304
Mitchell Street is located in RPP Zone A (Reference Attachment 1)
b. City Code § 346-80 Schedule XXX: specin-cally states the WO and 200
blocks of Delaware Avenue are an RPP zone. (Reference Attachment 3)
c. City Code § 346-80: Schedule XXX: Residential Parking Permit System
further specifically includes 3 04 Mitchell Street in the 100 and 200 blocks
the Delaware Avenue residential zone for the RPP program. (Reference
Attachment 3) 1
2. Verification that 304 Mitchell Street is in an R-1 Zone - The City of Ithaca
Official Zoning Map shows that the property is zoned R- I b. (Reference Attachment
1).
3. Number of Parking Permits Allowed - In accordance with the Paragraph
Permit Allocation Sections of the CITY OF ITHACA RESIDENTIAL PARKING
PERMIT SYSTEM REGULATIONS (Adopted by the Board of Public Works on March
24, 2014) the property is allowed to have two (2) Residential Parking pen -nits. (Reference
Attachment 4)
4. Compliance with City zoning regulation - The Building Division Housing
Inspector was interviewed about the issue of the property being in compliance. The
Inspector reported that the house has been inspected and is in substantial compliance
FA
with the exception of execution of a Quit Claim deed by the owner, be is pending
but in progress.
5. Location of the driveway access to the property — The driveway access to the
property is located on the Delaware Avenue side of the lot.
Based upon the above facts, the Parking Division has made the determination that the
property at 304 Mitchell Street meets all the requirements of the City of Ithaca Official
Zoning regulations and the RPP program and is eligible to apply for and receive two (2)
resi
sustain this decision. The Parking Division will therefore inform Mr. Vitali Arujau that he
may proceed with his transaction to purchase Sep «
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Attachment 2 - City of Ithaca Official Zone Map
Excerpt of Mitchell Street and Delaware Avenue
Legend for Zoning Districtuaas
B*d
84
rya M112
W.
FMT, B,
'URN
R.0
R
§ 260-1 Declaration of legislative findings and purpose.
The Common Council finds that:
A. There has been a lack of parking for residents of the neighborhoods surrounding Cornell
University in the City of Ithaca.
B. The streets in residential areas have been used for daily long-term parking by commuters
to Cornell University.
C. A study of existing parking demand and Zoning Ordinancer'] parking requirements
showed that a substantial number of commuters park in the residential neighborhoods
surrounding Cornell University every day.
[1 ] ditor®s Note - See Ch. 325, Zoning.
D. The use of streets in the residential neighborhoods for commuter parking has resulted in
noise, air pollution, litter, traffic congestion, traffic hazards, and hazards to residents and
other pedestrians, and severely diminishes the amount of parking space available to
residents of the residential neighborhoods.
E. The establishment of a residential parking permit system in the neighborhoods
surrounding Cornell University is necessary in order to preserve the character of the
neighborhoods by reducing neighborhood noise, litter and air pollution; improving access to
dwelling units and parking for residents; improving the efficiency of City services such as
street maintenance, snow plowing, street -sweeping, garbage collection and the movement
of emergency vehicles; and reducing hazardous traffic conditions and congestion in order to
provide for the health, safety, peace, good order and comfort of the residents of the
neighborhood.
F. This residential parking permit system is adopted pursuant to § 1640-e of the Vehicle and
Traffic Law.
§ 260-2 Definition of terms. [Amended 6-2-2004 by Ord. No. 2004-9]
For the purposes of this chapter, the following definitions of terms shall be controlling:
COMMUTER A person who does not live in the residential parking permit area, but parks in
the area and whose destination is outside the area.
RESIDENT A homeowner or tenant residing in a dwelling unit in the residential parking
permit area in the R-1 a, R-1 b, R-2a, or R-2b Zones of the City of Ithaca as established in
14j,
325-4 of the Municipal Code of the City of Ithaca.
RESIDENTIAL PARKING PERMIT AREA
sub -area of the residential parking permit zone. Only the portions of the area which are
zoned as -1 and R-2 Districts (as established by Article 11 of Chapter 325 of the Municipal
Code of the City of Ithaca) will be included in the area.
RESIDENTIAL PARKING PERMIT ZONE
-w�.•� � � � � war � � •�•w � r.
) East State Street from Cornell Street to Giles Street;
Giles Street to Water Street;
() Water Street to East State Street;
(East State Street from aer Street to Seneca y;
() Seneca Way from ast State Street to East Seneca Street;
() East Seneca Street from e eca Way to Parker Street;
Parker Street to Terrace lace;
() Terrace Place to Linn Street;
Linn Street from ast Court Street to University venue;
() University Avenue from Linn Street to Willard ay;
() Willard Way from niversity Avenue to Stewart Avenue;
Stewart Avenue from illard Way tot e corporate boundary between the City of
Ithaca and the Village of Cayuga Heights-,
( Following the corporate boundary between the City of Ithaca and the Village o
Cayuga Heights east tot e corporate boundary between the City of Ithaca and
the Town of Ithaca;
(1) Following the corporate boundary between the City of Ithaca and the Town of Ithaca
south to East State Street; and
(East State Street from e corporate boundary to Giles Street; and
B. Consisting oft e following roadways:
(1) Treva Avenue west of Water Street;
(2) Valentine Place south of as State Street;
(3) Quarry Street south of East State Street;
(4) Ferris Place south of East State Street;
(5) Linn Street no of Terrace Place to Farm Street;
(6) Lake Street no of University Avenue to the north property line of Tax Map Parcel
28-4-7; and
(7) Willard Way and Willard Way Loop north of University Avenue.
C. The residential parking permit zone shall include properties that face both sides of the
above -named roadways.
D. The Residential Parking Permit Zone Map is on file in the City Clerk's office.
§ 260-3 Designation of permit parking areas; rules and regulations. [Amended 6-2-
2004 by Ord. No. 2004-9]
A. The Board of Public Works ofthe City of Ithaca may designate residential parking permit
areas in accordance with this chapter. Such areas shall be designated only within the
residential parking permit zone, ands all exclude any streets located within the boundaries
of the Cornell University campus.
B. The Board of Public Works shall establish rules and regulations for the designation of
residential parking permit areas and the issuance and use of residential parking permits.
C. Permit requirements established pursuant tothis section shall be in effect during all or a
portion of the following times: from Monday to Friday between 9:00 a.m. and 5:00 p.m.
D. No less than 20% of the parking spaces within the residential parking permit zone shall
be available to nonresidents.
E. Short-term parking of no less than 120 minutes in duration shall be available in the
residential parking permit zone.
F. The fee for a residential parking permit shall be $45 per year. All such fees shall be
credited tothe general fund of the City.
§ 260-4 Exemptions. [Amended 6-2-2004 by Ord. No. 2004-9]
A. Motor vehicles registered pursuant to § 404-a of the Vehicle and Traffic Law shall be
exempt from any permit requirement establish pursuant to this chapter,
B. A resident may apply tote Board of Public Works for a permit not otherwise available
pursuant tothe aforementioned rules and regulations in the following circumstances:
(1) Where a home health care provider provides home health care to a resident and
regularly drives to the resident's home.
(2) Where a resident has a short-term health emergency.
(3) Where residents living on a street within the residential parking permit zone without on -
street parking is to purchase a permit for on -street parking on a street where permits are
required.
'4) Such other instances of hardship (excluding self-created hardship) as the Board of
'j"ublic Works in its discretion determines sufficient for issuance of additional residential
§ 260-5 Penalties for offenses. [Amended 6-2-2004 by Ord. No. 2004-9,- 5-2-2018 by Ord.
No. 2018-05]
A. No person shall park a vehicle nor allow a vehicle to be parked in an area which has
been designated a residential parking permit area by the Board of Public Works, and at
times when parking is prohibited in such residential parking permit area pursuant to
regulations established by the Board of Public Works, unless the vehicle shall have affixed
0.
residential parking permit, or unless said vehicle is registered in accordance with § 404-a of
the Vehicle and Traffic Law and the vehicle is being used for the transportation of a person
with disabilities. A violation of this section shall be punishable by a fine of not more than
$100; a second such violation within 18 months thereafter shall be punishable by a fine of
not more than $200; a third or subsequent violation within 18 months after the first violation
shall permit a nonresident to use a residential parking permit issued to a resident, or aid a
nonresident in any way in obtaining a residential parking permit. Violation of the terms of this
section shall be punishable by a fine not to exceed $250 and/or suspension of residential
parking permit privileges for a period not to exceed 12 months.
9
Attachment 4 - CITY OF ITHACA RESIDENTIAL PARKING PERMIT
SYSTEM REGULATIONS: Adopted by the Board of Public Works on
March 24, 2014
CITY OF ITHACA
RES11DENTIAL PARKING PERMIT SYSTEM REGULATIONS:
Adopted by the Board of Public Works on March 24, 2014
Petitioning for the Permit System.
A. Residents within the residential parking permit zone established by Common Council on May 6,
1998, are required to petition the Department of Public Information and Technology for the
establishment of a Residential Parking Permit Area.
B. A Residential ParkinFj� Permit Area within the Residential P--W_4.-jiittiiLZnne.,sh-a]]J--ie r payormw
block. Each permit block shall be established according to the block numbers, such as the 100 or 200
block of a street.
C. Only R1 and R2 zones, as established in the City of Ithaca Municipal Code, Chapter 325 entitled
"Zoning", Section 325-4 are eligible to participate in the Residential Parking Permit System.
D. A permit block is one city street and its abutting block faces, which differs from a city block. A
city block does not include the street.
E. The permit block for a comer property shall be determined by the property's assessment address.
PetitiqRjjWhfljjL
A. The petition may be requested from the Department of Public Information and Technology, and
when returned must be signed by at least 5 1 % of the eligible residents in the proposed permit block in
order to qualify for inclusion in the permit system.
B. In an RI zone, not more than one resident per tax parcel shall be permitted to sign the petition for
the establishment of the permit system.
C. In an R2 zone, not more than one resident per dwelling unit or two residents per tax parcel,
whichever is fewer, shall be permitted to sign the petition for the establishment of the permit system.
D. All eligible residents signing the petition must be at least 18 years of age.
E. A block petitioning for the permit system must hereby meet certain minimum requirements with
respect to parking occupancy. The City Traffic Systems Engineer will conduct a parking survey over
two separate days during average weekly peak hours to determine that at least 75% of the legally
available parking spaces are being utilized.
PermjLSe to enew�
Once a block is included in the permit system, it is included unless and until it is formally repealed.
Permit System RmLa-1.
UJI
A. If 51 % of the eligible residents wish to have the permit system regulations rescinded, they may
petition the Department of Public Information and Technology for removal from the Residential
Parking Permit System.
B. Action to rescind may not begin until a waiting period of six months from the enactment to for
that block has passed.
RESLDENTLAL PARKING PERMIT SYSTEM REGULATIONS:
Page Two
C. The Board of Public Works reserves the right to rescind the Residential Parking Permit System
Regulations for a block if the City Traffic Systems Engineer determines that the parking permit
system is being underutilized by the eligible residents of the block. The determination may be mad*
based on the fact that less than 25% of the eligible permits for the block have been sold in the it
two (2) consecutive years,
Permit Allocation.
A. Only residents of properties zoned RI and R2 located in the Residential Parking Permit Zone shall
be eligible to purchase parking permits.
B. The City zoning category in which the property is located shall determine the maximum number of
permits allowed per dwelling unit.
C. Properties in an RI zone are hereby allowed access to two permits, and no more.
D. Properties in an R2 zone are hereby allowed access to two permits per dwelling unit with a
maximum of four permits and no more per property. Based on City zoning laws the greatest legal
number of dwelling units allowed in a structure in an R2 zone is two.
E. Permits shall be issued to vehicles registered to residents in the permit area, and are non-
transferable.
F. Permits shall be available for sale on July 1 " and shall expire on July 3 I't of the following year.
G. Residents in blocks participating in the Residential Parking Permit System may purchase up to 4
Visitor Passes per year with a limit of 8 passes per property in an RI zone and 16 passes per property
in an R2 zone. Visitor Passes shall be valid for a period of two consecutive weeks, and will be issued
to a specific vehicle.
H. It shall be a violation of Chapter 260 of the City of Ithaca Municipal Code entitled "Residential
Parking Permit System" for residents to purchase permits for people who do not reside in the permit
area.
Permit Allocation for N11-Confor11in2 Uses.
A. Properties not conforming to the traditional RI and R2 zone uses (such as grandfathered
f�roperties) shall not receive any grandfathered rights regarding the residential parking permit system.
W
C. Gran dfat hered properties in an R2 zone shall hereby be treated as a duplex.
D. The zone in which the property is located, not the number of apartments or the number of
occupants, determines how many permits may be purchased.
Permit Issuance.
A. The permits shall be issued to individual residents of a permit area and assigned to a unique
vehicle license plate number,
B. A resident is defined as any person, homeowner or renter, living in a dwelling unit in a permit area.
RESIDENTIAL PARKING PERMIT SYSTEM REGULATIONS:
Page Three
C. The issuance of permits through landlords is hereby prohibited.
D. Homeowners and renters must provide the current vehicle registration or copy thereof.
E. Homeowners and renters may prove residency by producing a deed, current lease, signed by
landlord and tenant, driver's license or current vehicle registration, telephone or utility bill with valid
address.
1111 - - i. 1� I I! �� �
G. Permits may be purchased any time during the year for the said annual fee
H. Partial year permits shall not be issued.
I. Permits shall be valid from date of issue through July 31.
J. The fee for a visitor pass is $10.
K. This is a voluntary program. Residents living in a block included in the pennit system are not
required to purchase permits, however compliance with city parking regulations is required.
L. Pennits may be renewed through the mail with proper documentation and $45 fee. Permits will be
issued by the Department of Public Information and Technology on a "first come — first served" basis.
M. Transfer of residential parking permits to another vehicle may only occur when the resident peels
off and returns the current residential (prking i%,ermit from their rcuim%4
to the original permit holder for their new vehicle. Upon presentation of the old permit and a copy of
the new vehicle registration the Department of Public Information and Technology will issue a new
residential parking permit to that same resident — without charge.
If the old permit is not returned, a new permit will only be issued to the current permit holder if a
permit is available for that property or upon sufficient proof that the permit was not accessible (i.e.
accident report). A $45.00 fee will be charged for the permit.
W
6MMM/�
Information and Technolow at anvtime, to oDen uD the availabilitv of a-"-tuit to xioVter regide-tit of
92�4 - W, 11M, lirr, I : III i Ii iI �lI
21 in Effect.
A. Permit requirements established pursuant to this section shall be in effect [go " all or a iortion of
O."m 1 L4 MI #A$ 17-D Im 1 tolvi 1 Iggs m DIRM ate) 11vo-Eame m VA1111 a I Eir - -
B. Permit holders will be exempt from the 9 a.m. to l p.m. and I p.m. to 5 p.m. "no parking"
regulations in residential parking permit areas.
RESIDENTLAL PARKING PERMIT SYSTEM REGULATIONS:
Page Four
D. Permit holders and non -permit holders must abide bp all other City Go arking restrictions set heRAtia
the Vehicle and Traffic Chapter of the City of Ithaca Municipal Code Chapter 346 entitled "Vehicles
and Traffic" including the odd/even overnight parking restriction (which is in effect November I
through March 31 each year), 24-hour parking limitations, loading zones, and handicap parking
requirements, etc.
E. Placement of the "no parking" time restrictions will be staggered in order to provide some short-
term visitor parking on a block at all times. In the case of blocks with legal on -street parking only on
one side, the time restrictions will be split along the legal side of the street.
Permit System Alternative.
Residents may petition the City Traffic Systems Engineer to install appropriate weekday time
restriction signage (such as "No Parking 9 a.m. to I p.m.") on their streets. This offers an alternative
option for blocks that elect not to participate in the residential parking permit system but want the
benefits of time restricted parking for their street.
Appeal Process.
Residents may file written appeals with the Board of Public Works for either hardship consideration
or the denial of permits by the Department of Public Information and Technology.
06/04
Revised 02/18
Final BPW Approval— March 24, 2014
M
Street
Block
Side
Brandon Place
100
West
Bryant Avenue
20
North
Cascadilla Park Road
100
North
Cornell Street
100 and 200
East
Delaware Avenue (includes 304 Mitchell)
100 to 200
West
Dryden Road
400
North
Dryden Road (not inclusive)
500
North
East u alo Street
400
Both
East eneca Street
400
Both
Elmwood Avenue
100
East
Elmwood Avenue
200
North
Elmwood Avenue
300
South
Fairmount Avenue
200
West
Fairmount Avenue (includes 413 DrydenRoad)
200 and 300
West
Harvard Place
100
South
Irving lace
100
North
Ithaca Road
90, 100, 200, and 300
East
[Amended 11-2 -2012]
Maple Grove Place
100
West
Oak venue
300
North
Pearl Street
[Added 2-13-2016]
100
West
Schuyler Place
100
West
Valley Road
100
Both
Worth Street
100
South
In
Par t
WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted June
9,2004, for implementation of the Residential Parkin Permit System (RPPS), which was
9
established by Common Council on May 6, 1998 after an act of the New York State
Legislature, and
F*w'.PW regulations, the BPW may grant hardship requests, and
I Pat I
MUTTITT UnT is TIVITT =7 =zng aesignation; Trierefore allowing up 4'
two permits per single family dwelling, now, therefore be it
�AUIINVVT %Ah
Mitchell Street to purchase permits for the Residential Parking Permit Systems, in
accordance with the above -mentioned regulations.
M
I OB. Resolution to Add a Handic I ''il, ''1 1 !,, 1 ''located at 126 Farm Street
WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted October
6, 2010, for implementation of a Schedule of Traffic Regulations, is was established by
Common Council by Ordinance No. 2010-08, and
WHEREAS, in accordance with Chapter 346 of the City Code, entitled Vehicles & Traffic, and
in accordance with the BPW Regulations, the BPW may grant hardship requests, and
WHEREAS, a request has been received for a handicap parking sign on the east side of the
100 block of Farm Street, in the vicinity of 126 Farm, and
WHEREAS, this Handicap Parking space can be used by any driver with a handicap parking
permit or license plate; now and therefore, be it
RESOLVED, That the BPW hereby approves the installation of a Handicap Parking Sign and
space to be installed at the above -mentioned address.
' - M
10C. Resolution to Add a 15 minute Parki it
U—nion on st treet
WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted October
6, 2010, for implementation of a Schedule of Traffic Regulations, which was established by
Common Council by Ordinance No. 2010-08, and
rTL=L-F7 STET ILTWMf MT,"FeM - M.-Y, i itt
?.pproximately 210 feet to the east, is now regulated as No Parking Anytime, and
WHEREAS, the north side of Esty Street, from its intersection with Meadow Street, to a poi
approximately 50 feet to the east, is now regulated as No Parking Anytime, and
WHEREAS, No Parking Anytime can be used for Standing but does not allow the driver to
leave the vehicle, and
WHEREAS, the No Parking Anytime zone on the south side of Esty Street mentioned above, is
consistently used by clients who park, leave their vehicle, and do business at the Cornell
Federal Credit Union adjacent to this No Parking Anytime zone, and
WHEREAS, the No Parking Anytime zone on the south side of Esty Street could also be used
.?s a short term parking zone, with no impact to the current traffic flow on the street, and
WHEREAS, the two aforementioned No Parking Anytime zones on Esty Street mention
above are incorrectly listed in Section 346-64 Schedule XIV: No Standing, now, be it I
RESOLVED, That Section 346-64 Schedule XIV: No Standing be amended as follows:
Remove the following entry from this schedule:
Name Side Location
Esty Street Both From a point 50 feet east of Meadow Street to a
point 125 feet west thereof
RESOLVED, that Section 346-62 Schedule XII: Parking Prohibited at All Times be amended t*
include the following for Esty Street:
Name Side Location
Esty Street 5o —rt h From its intersection with Meadow Street, to a
point approximately 50 feet east thereof
RESOLVED, That a 15 minute parking zone be established on the south side of Esty Street
beginning at a point located three (3) feet east of the east edge of the Cornell Federal Credit
Union parking lot entrance driveway to a point located 100 feet east thereof and, now, be it
furtier
Page 5 of 10
RESOLVED, That Section 346-68 Schedule XIII: Time Limit Parking be amended to add the
following for Esty Street:
Time Limit:
Name Side Hours/Da Location
Esty Street South 15 min: All/All Beginning at a point -located three (3) feet
east oft east edge of the Cornell Federal
Credit Union parking lot entrance driveway to
a point located 100 fete s thereof,
110D. Resolution to Establish N
Pier Road
WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted October
6, 2010, for implementation of a Schedule of Traffic Regulations, is was established by
Common Council by Ordinance No. 2010-08, and
WHEREAS, Pier Road is only 22 to 24 feet wide, this pavement width being insufficient to
accommodate parking a vehicle fully on the paved roadway without obstructing the traveled
way to an unacceptable degree, and
WHEREAS, in order for vehicles to park on Pier Road, without obstructing traffic, the vehicles
wouI d have to be parked off the edge of pavement, and
WHEREAS, there are no paved or gravel shoulders that can be utilized for parking, and the
roadsides are mostly grass to which cannot sustain repeated instances of parking without
excessive damage; therefore, be it
RESOLVED, That the Board of Public Works hereby designates both sides of Pier Road, for
the full length oft road as a "No Parking Any Time" zone, and, be it further
RESOLVED, That Section 346-62 and Schedule X1 I be amended to include the following for
Pier Road:
Section 346-62 Schedule XII Parking Prohibited at All Times
Name Side Location
Pier Road Both Entire Length
Page 7 of 10
10E. Resolution to Establish 15 minute Parking on the North Side of East Court Street
Adjacent to Temple Beth Ell
T*f7"J=IITUFK's7Kr,T,T) has promulgated regulations, adopted October
6, 2010, for implementation of a Schedule of Traffic Regulations, which was established by
Common Council by Ordinance No. 2010-08, and
WHEREAS, there exists an approximately 50 foot "No Parking Any Time" zone located on the
North Side of East Court Street adjacent to Temple Beth El, which is not presently listed in
Section 346-62 Schedule X1 I Parking Prohibited at All Times for Court Street, and
WHEREAS, Temple Beth El operates a pre-school from 9:00 a.m. to 3:00 p.m. and parents
need curbside short term parking to drop off and escort pre-school children into and out of th'..
Temple, and
WHEREAS, The current No Parking Any Time zone allows parents to stand to drop of children,
but does not allow parents to leave the vehicle and escort pre-school children into and out of
the Temple for school, and
WHEREAS, Section 346-68 Schedule XVII, must be updated to add this no; now, therefore,
be it
RESOLVED, That the Board of Public Works hereby changes the designation of the No
Parking Any Time zone on East Court Street adjacent to the T
,parking, and, be it further i emple Beth E91to be 15 minute
RESOLVED, That Section 346-68 Schedule XVII Time Limit Parking for East Court Street be
amended to read as follows:
aragraph 346-68 Schedule XVIII Time Limit Parkirg
Name
Court S-t—reet
ILirne Limit
Side HH2RML9M
No-r—th 15 mins. 8:00 am
to 5:00 P.M.
Monday through
Friday
Location
Between thid—riveways for 720
24-W#%A2
West Court Street
North 15 mins. All/All From a point 20 ft. west of Tioga
Street to a point 70 ft. west of
Tioga St.
11A. ResolutionAc er Streets and
WHEREAS, a Project for the Brindley Street Bridge Replacement over Cayuga Inlet, P.I.N.
375611 (the "Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls
for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds
and 20% non -Federal funds; and
WHEREAS, the project involves the construction of new roadway and bridge on a relocat
horizontal alignment that will connect Taber Street with the West State Street/Taughnnoc
Boulevard intersection, and I
WHEREAS, on Junethe City of Ithaca Common Council authorized the City of Ithaca
to pay in the first instance 100% of the federal and non-federal share of the cost of Right -of -
Way Acquisition phase of the Project; and
WHEREAS, Congdon & Co. Inc. has facilitated the acquisition of 1098 square feet of real
property located at 120-140 Brindley Street on behalf of the City of Ithaca, and
WHEREAS, in accordance with the City of Ithaca Charter Section 53, "The Board of Public
Works may enter upon any lands for the purpose of survey and examination; otherwise, in the
name of the City of Ithaca all lands, water rights, easements, privileges and franchises and all
other real and personal property whatsoever, either within or outside of the corporation limits of
the City of Ithaca, 1,Ajhich are necessary, in the judgment of the Boar'd, for any of the purposes
herein set forth and shall have the right to enter upon, RR of and appropriate all
such property and to do any and every act or thing that may be necessary to carry out the full
intent and purpose of all the provisions contained in this Charter;" now, therefore, be it
RESOLVED, That the City of Ithaca, through its Board of Public Works, agrees to accept real
property acquired by Congdon & Co. Inc. for the project and agrees to maintain same, and it is
further
M
Return To
.C1-Jb-L0.VLULy'-r;F-21WA
ranter (Party 1)
Fees
Recording Fee
$20.00
Pages Fee
$25.00
State Surcharge
$20.00
TP-584 Form Fee
$5.00
RP-5217 Form Fee
$250.00
State Transfer Tax
$22.00
County Transfer Tax
$11.00
Total Fees Paid:
tR,;,q M)
- - 6
g "wRIVA430 - to 0
Tompkins County Clerk
320 North Tloga Street
Ithaca, NY 14850
(607) 274-5431 1
Receipt Number: 18-207781
CI to (P OFITHACA
Transfer Amt: $5,500.00
Instrument #: 2018-10259
Transfer Tax #: 000313
with a total page count of S.
1--")
4y��Zq4�
Tompkins County Clerk
This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York
DC 09/07/2018 03,59:22 PM
2018-10259 09/0712018 03:59:22 PU
This Indenture.&tb&-.��dqjqf Ampt, 2013
Between
IIIII-1 I M I A a q-4 V
with officcs at 120-40 Brindley Strcet, Ithaca, Y 14850
1 XMM r 0 WFA
W17AWSSETH, that the parties of the first par� in consideration of One and no/1
dollars, lawful money of the United States, Pak by the parties of the second part� do hereby 1:1t
and releaseY the f the sec22&'r'=' 6-Ma fflticesk-v--
ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, situate in the City of
Wi—,-&t- Tk.--w jrf ItAnfta Ca.SAIlm- -64--t
I Wl-
Being a portion of the same premises conveyed to Parties of the First Pan by Deed dated
At3til 5, 2001 and reatxio%�I rfL dre TwwrO.vi-i; Cnuvrit-M
MI,
Fimt,That sadder a�'thefirst parits.,e,Vdoftlmsxdpmmues,nf,eex*le,a#dh.rgvd.ghtjw
,vasAy, the s;
SC40VJ24 That the s"mdpaff sball qw4e rddpwmmr,-
IWK Tbal & xddpremises arfmefmw err brakes, expt as firmdd;
Four&, T15al The Pany of fbefiropaff x4fifomw Wanva t the We to xddpnm=
FW "M 11 i 0
to
CITY OF ITHACA
SRIP EY STREET
OVEO YAYUGA INLET
0910712018 03:59:22 PM
NEW YORK STATE
DEPARTMENT OF TRANSPORTATION
ACQUISITION MAP
FIN rml I
W AVENVa WMUTWb THE AEROPLANE FACTORY, LLC
Map anflftd -Ary map IREPUTEO 0WHERl
Wa a
trest, T pX- cmEr222
zx w M709-001.
Pffam Locato, POWs
WON mm 2
Es Oft"Ill A
CAUA hViEr
Ap -
THE AEROPLAHE FACTORY, LLC
I '5TO'w
FT 92 P2
FEN
APHALT
m"
m
PARCEL StAlmo
Tylm FEE
Portion of City of Ithom
1016 TWA.12
Alf. ft
Cltj of Ithm
County of T04pkim
State of "m Tom
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out
LL ra�ft. 2
STA IL
torT
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2018-10259 09/07/2018 03:59:22 PM
NEW YORK STATE
CITY OF ITHACA DEPARTMENT OF TRANSPORTATION MAP NO. 2
BRIMLEY STREET ACQUISITION MAP PARCEL NO. 2
OVER CAT" INLET PON Mt I SHEET 2 OF 2 SHEET'
KII
0910712018 03:59:22 PM
In WIMess Whereof, the pan) of Ibefirst part bas dmA exeMled this deed the dy and warfirst above
Witten,
The Aeroplane Factory, 11,C
By:
Scott Tobey
An& 6r-zs, 2�
coha Tobey
On this 67 StdyfSeptembr,2018,bfo,,melbemndeuged,.NdagPbl,,,,,,wd*-,,.d
ate, bersona& oteared SCOTT TOB EY,tw�o-m4��
edde to be the in4tidval whose name is subscribed to The whin instrument and arknowled d to me t be ge hal
execuled the same in his aoac�iy, and Mai by his signatum on the instrsment, the ine#tidual, or the person Npon
behaff e(mbich Me
the unJerugnedin The City of State of New Mexim.
M
On thii— -,'5-- by of September, 20 18, b#bm me, The iindersigned, a No&7 P#b& in andfor said
State, Personally qPPealrd CORNEUA TOBEY, peisonal# known /a we orprvved to me on The basif of
safiffiactory evidenet to be the indtidual whose name is substTibed to the Aithin insftment and acknowkd ged to me
that she executed the same in her capacio, and that 4 her signalurr on the instrument, the inaWdual, or the fiemn
apon heba�f of which the individual acted, executed the insirument, and that sm Im dmal ma& such 01'earaner
beforr the mnikndgned in the Ci_0 of State r(New Mexkv.
NOMY PAbh,
M
OFF CUL SEAL
Rim"s Whshington
11B. Authorization for M
With the Town of Ithaca to Permit the Town to Use the Route 13 Ped1e:str!gn_a[!!qgp
for the Gatewav Trail - Resolution
WHEREAS, the City owns a pedestrian bridge that runs over Route 13 ("Route 13
Pedestrian Bridge") and the City also holds a permit issued by the New York State Department
of Transportation ("NYSDOT") authorizing the City to occupy and maintain the Route 13
Pedestrian Bridge within the State's airspace; and
WHEREAS, the Town of Ithaca wishes to use the Route 13 Pedestrian Bridge for the purpose
of constructing a public trail, known as the "Gateway Trail," which is a portion of long-term joint
project to establish a trail system serving this area; and
WHEREAS, the Town will be replacing decking to the bridge, and staff is supportive of the
Town's improvements and use; now therefore be it
RESOLVED, That the Board of Public Works is supportive of entering into an MOU with t
Town, and recommends that Common Council authorize the mayor, upon the advice of th
City Attorney, to execute the submitted MOU for the Town's use of the pedestrian bridge
part of the Gateway Trail. I
HE
THIS AGREEMENT, made this _ day of _, 2018, by and between:
IN- The TOWN OF ITHACA, NEW YORK, a municipal corporation having offices at 215 North Tioga
Street, Ithaca, New York 14850, (hereinafter referred to as "TOWN"),
and
IN- The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green Street,
Ithaca, New York (hereafter referred to as "CITY"),
LIN I I I Z M*R1 a " a a # VIT M.,
WHEREAS, the CITY owns a pedestrian bridge that runs over Route 13 ("Route 13 Pedestrian
Bridge") and CITY also holds a permit issued by the New York State Department of Transportation
("NYSDOT") authorizing the City to occupy and maintain the Route 13 Pedestrian Bridge within the State*s
airspace; and
WHEREAS, TO" wishes to use the Route 13 Pedestrian Bridge (also, the "Premises" or "Bridge")
for the purpose of constructing a public trail, known as the "Gateway Trail"; and
WHEREAS, the CITY's Board of Public Works and Common Council have authorized the Mayor to
execute this Memorandum of Understanding ("MOU") allowing the above -described use subject to certain
conditions;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the
parties hereto, for themselves, their heirs, executors, administrators, successors and assigns, do hereby
cI venant and agree as follows:
1. By this MOU, TO" shall have the right to lawfully use the Route 13 Pedestrian Bridge for the
purposes of installing a public trail that will exist thereon throughout the course of the MOU term and any
renewals thereof_au]1 ect to the terms and conditions set forth evi
and incorporated into this Agreement by reference. The CITY maintains its right and obligation to enter upon
the Premises for any purpose, including the purpose of inspection or to assess or remedy a dangerous or
[motentially dangerous condition,
I PS
T1rV0ff(1V"j-U1mi-,VLT' 0 Mew,
and current MOU. In its sole discretion, CITY reserves the right to move or remove any fixtures or
improvements within the Premises pursuant to Paragraph 5 of this agreement.
3. Subject to the provisions of Paragraph 4, below, the term of the MOU contained herein shall be for
the period commencing upon the date of execution of 'this MOU and expiring on March 31, 2043. The parties
mai renew t s MOU thereafter on the mutual consent of both- Parties- -for ten ear terms 'th th
WIN 111111WININ, 111111111
111111
4. Notwithstanding any other provisions herein, this MOU may be terminated by either party, upon at
least 30 days' written notice to the other party, if (a) the City's Permit for Use of State Property referenced in
Paraeranh 7 below terminates or is revoked. and it is not renlaced bv a Temr-newrit-wiLls . , i / i "--IV
I 1T4y1"1M= I IV$ -a
TF1,17st-T-FT-Rame, M77)7 =1=1=,LS SUIC UISUMLIMI, acturimues LIM Ene fW111
Pedestrian Bridge is unsafe for use by the general public.
d1ift �LIFCULIICS 01 LIM %,ILJ b JF10,6dIL1IIM=1tT-F=1T1JrKS anu Me grueral specincations notea Me're'ln'=
hereby agrees to maintain the 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,
6. TOWN hereby agrees that it is TOWN'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 and MOU to remove the bridyw0p�ia
installed by the TO", if so requested by the CITY.
7. City acknowledges that the City remains responsible for reasonable inspection, repair and
maintenance of the Route 13 Pedestrian Bridge, including the decking after the Town installs new decking, per
the requirements of its New York State Permit for Use of State Property, Permit No. 33669, dated November
26, 200 1. All determinations concerning inspections, repairs, and maintenance (including, but not limited to
timing, scope, and suitability) shall be in the City's sole discretion. If at any time, the City finds that the Route
I I P r-F1 ijt t!rt;7-
City's ability to restrict the Town's use or access by the general public to the Bridge.
7. TOWN and CITY hereby agree to defend, indemnify and save each other and their respective
officers. Mployees, elected officials and affents hartcless frow ariv loss, al r darta
V, ny-Ir I -C Life U
I -1111OSS IDWIll dWj VlSLS LIM %-ILI
fees, due to any claims which may arise out of TOWN's obstructing, encumbering or occupying any area
2djacent to the Premises used to install the trail on the Premises.
IMif r1 11111?
I CIJLL;c J.411 It'll) list t1it,
under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of
execution of this agreement, and as may be otherwise required by the City.
Iwo FTMI
90-MM IMMI
ON
as fig.
P"J"'wiliLf"210 fir"'w"11011"IMEr! L
N
Y1'r' Tffi—sAgreement has been duly executed by the parties hereto as ot he day and year
first above written.
TOWN OF ITHACA (TOWN)
By:
(signature)
(print name and title)
CITY OF ITHACA
By:
Svante L. Myrick, Mayor
STATE OF NEW YORK
COUNTY OF TOMPKINS ss:
On this day of 2018, 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
ei
hl"11'2 ON wlw
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 , 2018, 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 satisfactor ry, evidence.
at Ithaca, New York, and that he is the Mayor of the City of Ithaca, the municipal corporation described in and
which
Public Works of such corporation.
mmmi�
City Attorney Date
1*04:11931WAI
The Town shall be responsible for installation of new bridge decking as part of its cons ction -f tM
Gateway Trail. The decking shall be constructed substantially as shown onl7plans, Odat
that have been reviewed by City engineers.
e
The Town shall construct and maintain the portion of the Gateway Trail that runs from the curr
Home Depot parking lot to the north end of the Route 13 Pedestrian BridM and from the south end
the Bridge through Buttermilk Falls State Park to the trail's end just before Stone Quarry Road. T
Town agrees to not open the Route 13 Pedestrian Bridge portion of the trail until portions on eithl
side of the Bridge can be safely accessed and used by the public.
M
12A. Denial of Appeal of Water Service Installation Billing for 926, 930, 936 Hector
Street — Resolution
WHEREAS, on April 4, April 11, and April 13, 2018, the Water and Sewer Division of the Citl
of Ithaca DPW installed new water and sewer services at the request of the Owner of 926, 9
and 936 Hector Street, and
WHEREAS, the property owner states he was not aware the he would be responsible for costs
associated with the installation, and
WHEREAS, the Board of Public Works discussed the appeal at their regular meeting on
January 15, 2019, now therefore be it
RESOLVED, That the Board of Public Works hereby denies the appeal to dismiss the bills
associated with the installation of new water and sewer services for these three properties, and
be it further
RESOLVED, That any balance on the bills not be subject to late fees or interest until 30 days
beyond of the at of this Resolution, and that the owner may also, at his option, contact the
City of Ithaca Chamberlain's Office to arrange an extended repayment plan for the amount of
the invoices.