HomeMy WebLinkAboutMN-BPW-2012-04-09BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. April 9, 2012
PRESENT:
Mayor Myrick
Commissioners (6) - Jenkins, Darling, Morache, Leccese, Goldsmith, Acharya
OTHERS PRESENT:
Superintendent of Public Works - Gray
Assistant Superintendent of Streets and Facilities - Benjamin
Assistant Superintendent of Water and Sewer – Whitney
Common Council Liaison – Fleming
Information Management Specialist - Myers
Transportation Engineer – Logue
EXCUSED:
DAC Liaison – Roberts
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Supt. Gray noted that a substitute resolution, with minor wording changes, for item 8.4A
entitled “Award of Bid for East Clinton Street Bridge Replacement and Prospect Street
Reconstruction Project – Reconstruction” was distributed to Board members at the start
of the meeting.
MAYOR’S COMMUNICATIONS:
The Mayor had no communications for the Board.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD:
Tsvi Bokaer, City of Ithaca, addressed the Board regarding his request for a waiver from
the license fee for use of City land for his property at 1201 N. Tioga Street. He also
noted concern with how property owners are notified of agenda items that pertain to
them so they can plan to attend the Board meeting.
Nick Sledziona, Town of Ithaca, addressed the Board regarding Occupy Ithaca’s
request for use of City land on Elmira Road. He also thanked the Mayor and Supt. Gray
for their time and work on the request.
REPORTS:
Planning and Development Board:
Commissioner Acharya announced that there would be a special Planning and
Development Board meeting on Tuesday, April 10, 2012 regarding 307 College Avenue.
The meeting is open to the public, but there will be no public comment allowed.
Common Council:
Alderperson Fleming reported that Common Council had extensive discussion at their
April 4th meeting regarding a resolution entitled “Resolution Supporting a Feasibility
Study of a Downtown Combined Heat and Power/District Energy Utility Solution”. She
noted that the resolution passed; however, Common Council requested they be
provided with the report at the end of the study, and the resolution was amended to not
support a particular company.
Superintendent:
Supt. Gray stated that he was unaware that Mr. Bokaer was not notified of today’s
meeting where the Board would be discussing his request for a waiver from the license
fee for use of city land. He also stated that he placed this topic on the agenda because
he wanted to get direction from the Board as to how to proceed with the request. He
stated that next time this topic is on the Board’s agenda proper notification would be
given to Mr. Bokaer.
2
April 9, 2012
Staff:
Asst. Supt. Benjamin reported that crews are still busy with Spring street cleaning, and
planning for Cpl. Bordoni’s funeral since there are a lot of logistics to be worked out with
temporary street closures, and so forth. He also reported that a truck driver, at DPW,
lost his son and nephew in a tragic car accident on Easter; and two other family
members were injured in the accident as well.
Asst. Supt. Whitney reported that crews are replacing four broken water valves on
Triphammer Road near Dearborn Place. He stated that crews will begin work in
preparation for the Breckenridge Project on the corner of West Seneca and N. Cayuga
Street soon – there will be a lot of service work required for this project.
Supt. Gray reported that he toured Seneca and Green Streets last week with a
representative from New York State Department of Transportation because of reports
from staff on how the repaving of those streets will be done. He stated that the City
wanted to make sure that all the bad asphalt would be removed before a new layer of
asphalt is poured.
Commissioner Goldsmith reminded staff that the Board requested that staff work on
signs to be placed where different construction projects are being undertaken that would
let motorists know what entity is responsible for the work – so that if they have concerns
or complaints they can be made to the appropriate department.
Award of Bid for East Clinton Street Bridge Replacement and Prospect Street
Reconstruction Project – Reconstruction
By Commissioner Goldsmith: Seconded by Commissioner Jenkins
WHEREAS, a Project for Prospect Street Reconstruction and Replacement of the East
Clinton Street Bridge Project P.I.N. 375457 ("the Project") is eligible for funding under
Title 23 U.S. Code, as amended, that calls for the apportionment of the costs to be
borne at the ratio of 80% Federal funds and 20% non-federal funds; and
WHEREAS, the 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 Scoping, Preliminary
Design, Detailed Design, and Right of Way Incidentals work for the Project or portions
thereof; and
WHEREAS, the sum of $494,000.00 has been appropriated (Capital Project #725 -
$280,000.00 and Capital Project #726 - $214,000.00) and was available to cover the
cost of participation in the above phase of the Project; and
WHEREAS, bids were received for the Project on February 13, 2012; and
WHEREAS, FAHS Construction Group submitted the low bid for the Project in the
amount of $3,512,333.00; and
WHEREAS, the amended project budget is projected to be $5,280,000.00 comprised of:
• Preliminary Engineering and Detail Design Cost ....................................$646,000.00
• ROW Incidental Cost ................................................................................$28,000.00
• ROW Acquisition Cost ............................................................................$140,000.00
• Construction Inspection and Construction Support Cost ........................$480,000.00
• Construction Cost ................................................................................$3,807,000.00
• Contingency and Short Term Borrowing .................................................$179,000.00
Total Project Cost $5,280,000.00
and
3
April 9, 2012
WHEREAS, the cost differences are outlined as follows; and
Authorization
General
Fund
CP#725
General
Fund
CP# 726
Water
CP# 518
(Water Fund)
Sewer
CP# 618
(Sewer Fund) Total
Current $280,000.00 $214,000.00$183,500.00$183,500.00 $861,000.00
Proposed $2,070,000. $2,810,000.$212,000.00$188,000.00 $5,280,000.00
Increase $1,790,000. $2,596,000$28,500.00$4,500.00 $4,419,000
WHEREAS, the City of Ithaca Common Council has now amended the Capital Project
budget authorization for the Project by the sum of $4,419.00.00 on March 7, 2012 for a
total project cost not to exceed $5,300,000, with the 20% local share, currently
estimated at $1,060,000, to be shared as closely to a 15%/5% State/City split as is
funded by New York State under their Marchiselli Program, now therefore be it
RESOLVED, That the City of Ithaca Board of Public Works hereby awards the contract
for the Project to FHAS Construction Group for its low bid of $3,512,333.00, contingent
upon New York State Department of Transportation approval for award, and be it further
RESOLVED, That the Superintendent of Public Works be and hereby is authorized to
execute and administer the contract, once the necessary funding is in place.
Mayor Myrick questioned whether this work should wait until after I.C. graduation since
it is getting started so late.
Supt. Gray responded that staff had hoped to have at least two months work completed
on the project by now, but New York State Department of Transportation has not given
their approval to the city to award the bid. He stated that once the approval is given the
work has to start because it will take at least seven to eight months to remove and
replace the bridge. He noted that if work is delayed much longer the project may result
in just the street and sidewalk reconstruction this year, and the bridge removal and
replacement being done next year.
A Vote on the Resolution Resulted as Follows:
Carried Unanimously
DISCUSSION ITEMS:
Construction Projects 2012:
Supt. Gray reported that Executive Assistant, Kathy Gehring, worked very hard on the
color coded 2012 construction project map. He noted that a lot of street work has been
scheduled in close proximity to one another and there are different entities performing
the work as well. He said that staff are trying to coordinate projects as much as
possible, as well as providing as much information to the public ahead of time as well.
A brief discussion followed on the floor with Board members expressing their
appreciation for the map, and all the work that went into producing it. It was questioned
whether the boxes below the map could be color coded as well to assist the reader in
where projects are occurring. It was noted that the City has hired a public information
intern, who will be contacting project managers on a weekly basis for updates on
projects so that the public can be provided with as much up-to-date information as
possible so they can plan their travel routes accordingly.
Ithaca Road Sidewalk and Uphill Bike Lane:
Transportation Engineer Logue distributed a map of the proposed project to repave
Ithaca Road from Mitchell Street to the five corners on Dryden Road. He stated that
initially, the work was just going to be asphalt repaving, but then staff started to consider
other ideas like improvements to the sidewalks, or construction of new sidewalks,
pedestrian crossings, etc. In addition, the uphill bike lane on East State/Martin Luther
King, Jr. Street will be extended to the five corners as well. He explained that the
process at this point for the project is that if the Board supports the proposal he would
4
April 9, 2012
prepare a resolution to approve the project for the Board’s April 23, 2012 meeting. He
also noted that as a result of the Collegetown Terrace project there will be changes at
the intersection of East State/Martin Luther King, Jr. Street and Mitchell Street with the
addition of a traffic light.
Commissioner Acharya questioned whether or not additional pedestrian improvements
could be made in the Bryant Avenue Park area rather than extending the uphill bike
lane. He stated that he would opt for that additional pedestrian improvements, and
noted that the bigger question is having a bike lane versus parking.
Supt. Gray responded that staff didn’t get much input from the neighborhood when it
was approached regarding the bike lane versus parking because most people have
driveways. He noted that this extension of the bike lane is part of the City’s overall bike
plan as well. He also noted that the real problem will be the maintenance of the bike
lane markings in the future, as well as the additional cross-walks that will need to be
maintained. He would like to limit these amenities where possible because the
Department of Public Works does not have the staff or the equipment to maintain
additional pavement markings.
The Board expressed their support for the proposed project as presented by
Transportation Engineer Logue. He will prepare the resolution for the Board’s
consideration at their meeting on April 23rd, as well as inform the neighborhood of the
opportunity to provide input about the project at that meeting.
Request for Exemption from Use of City Property Fee for 1201 North Tioga Street:
Supt. Gray reported the Board of Public Works was approached at its meeting of March
12, 2012 by Tsvi Bokaer as the General Partner of Fall Creek Associates to request that
he be exempted from paying a bill he had received for use of city land. Fall Creek
Associates had entered into an agreement to redevelop and use the city land adjacent
to his property as part of the site plan approval in 1986 as he was redeveloping the lot
that had been an old abandoned P&C market. The loss of Fall Creek Pictures as
primary occupant has resulted in a significant reduction of use and income from the
property. Mr. Bokaer would like a "temporary exemption" from use of the land and the
bill for that use. Supt. Gray further noted that this is not the first time this request has
been submitted to the City. It was his understanding that Mr. Bokaer was required to
obtain use of the land in 1986 in order to develop the land in the manner he was
proposing. Further, he could only stop paying for the use of the land if he agreed to
change the permitted uses (zoning) of the property. He has not requested that to our
knowledge. The 2010 response from the building department was that they would have
to know what land use he was proposing in order to know what the parking
requirements were, which was not exactly a response to the question be asked. He
would tell the Board that the cost of paying for the land use is the cost of keeping the
option to use the land as Mr. Bokaer has historically. If Mr. Bokaer wants to stop paying
for and using the land, then he gives up that option, and the land use shrinks. He would
like the option at no cost.
The second question that came up both times is that when Mr. Bokaer stops using the
land he should restore it to the original condition it was found in. His response was to
provide pictures of the land before he redeveloped it to show that it is as good as or
better than it was originally. Supt. Gray stated that his response is that if Mr. Bokaer
had not agreed to use and pay for the land when he did his original development, he
would have been required to put in sidewalk, plantings, and curb as part of the site plan
approval in 1986. The City would expect the land to revert to that condition as it
represents the acceptable previous condition at the time of his development. Mr.
Bokaer bypassed that step and went directly to developing it for parking and paying for
that use.
Supt. Gray explained that if the Board wants to consider Mr. Bokaer’s request he will
request determinations from the Planning Department and Attorney's Office of what
would be required to suspend the use, assuming that is even possible. There are
5
April 9, 2012
probably ramifications for a grandfathered use that could expire. There is the possibility
that the Planning Board would downgrade the allowable land uses to match the
available parking and current zoning, and Mr. Bokaer would have to reapply for a
variance or other accommodations if he wanted to restore the same level of land use. It
is possible that the city could choose not to renew the use of city lands license, and
eliminate the parking due to safety or neighborhood concerns. Several of these options
would bring up the question of restoring the land which will have its own legal
determination.
Commissioner Goldsmith stated that when the Board discussed this same request last
year they explained to Mr. Bokaer that if they granted his request for a waiver from the
license fee, that the City could not guarantee that the land would be available to him
when he had a tenant. Mr. Bokaer decided to pay the fee since there was uncertainty
whether he would be able to use the land in the same way in the future.
The Mayor explained to Mr. Bokaer that if he were to give up his right to the public land,
by not paying the license fee, the City cannot “hold” the land if some other entity from
the public wishes to pay the fee for the use of the land. He stated that staff would need
to obtain additional information from the City Attorney, as well as the Building and
Planning Department before the Board could proceed with any type of action. He stated
that when this item comes back to the Board, staff will make sure to invite Mr. Bokaer to
the meeting.
Occupy Ithaca Land Use Variance:
Mayor Myrick stated that the Department of Public Works issue with the use of this land
on Elmira Road has been worked out; however a problem was encountered with the
Building Department with zoning issues. He asked the Board to allow him to take up the
issue with Building Commissioner Radke on whether or not a zoning variance would be
needed. He apologized to Mr. Sledziona about the delay in responding to the request.
Two Way Traffic in Ithaca:
Transportation Engineer Logue stated that the question of converting North Aurora
Street to two-way traffic has come up a couple of times in the last twenty years. He
noted that one-way streets have more capacity to move traffic than two-way.
Supt. Gray explained the benefits of two-way streets, and noted that this particular area
was studied a couple of times in relation to the possible conversion to two-way traffic.
He noted that any change the city would propose would need the approval of New York
State Department of Transportation.
Transportation Engineer Logue stated that the Board should define its goals for two-way
traffic before another study is conducted. He noted that some things to consider would
be the time to travel from point A to point B, economic service, traffic time, tourism, and
speed limits. He noted that traffic signals would have to be changed as well were traffic
converted to two-way. He stated that New York State Department of Transportation will
want engineered drawings regarding traffic signals, layout of proposed changes, and a
traffic study before it would give its approval for the change to two-way traffic.
Commissioner Morache questioned whether Green and Seneca Streets could be
converted to two-way once the City takes ownership of them. He understands there
would be arguments against - such as capacity versus movement, access, visibility, and
pedestrian safety concerns.
Transportation Engineer stated that he is not sure that the City will take over ownership
of those streets as there is still a lot that needs to take place in Albany before that can
happen. He agreed that it would make sense to include those streets in the traffic study.
He noted that in some cases to accommodate two-way traffic, turning lanes would be
needed so on-street parking would be lost.
Mayor Myrick asked the Board if they would like staff to prepare a capital project
request for the traffic study to convert North Aurora Street, South Cayuga Street, Green
and Seneca Streets.
6
April 9, 2012
A brief discussion followed as to what kind of impacts would be created if these streets
were converted to two-way, traffic signal changes, traffic flow changes, safety, and truck
loading zones. Commissioner Acharya noted that he did an informal survey of
restaurant owners on North Aurora Street, and they would love to have the street
converted to two-way traffic.
The Board respects and values staff input and recommendation on projects. In this
case, before a capital project is requested, they would like staff to review all the
information regarding the proposed changes and provide a recommendation to the
Board with various options available for consideration. The Board would also like staff to
provide the traffic study that was done for the possible conversion of Aurora Street to
two-way traffic that was done ten years ago.
Adjournment:
On a motion the meeting adjourned at 6:20 p.m.
Sarah L. Myers Svante L. Myrick
Information Management Specialist Mayor