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HomeMy WebLinkAboutMN-BPW-2000-04-12BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:30 p.m. April 12, 2000 PRESENT: Mayor Cohen Commissioners (5) - Beach, Leonardo, Vargas-Mendez, Gutenberger, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb Deputy City Controller - Thayer Assistant Superintendent of Streets and Facilities - Ferrel Assistant Superintendent of Water and Sewer - Fabbroni Common Council Liaison - Hershey Deputy Police Chief – Signer Community Development Planner – Bohn EXCUSED: Commissioner Jenkins PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Mayor Cohen requested that the following items be added to the agenda: Appeal of Sidewalk Assessment for 417 Cascadilla Street Appeal of Sidewalk Assessment for 124 East Court Street Pedestrian Bridge at Plain Street Power To Act: Sidewalk replacement and use of First Street Power To Act: Thurston and Wait Avenue Request to Close Cayuga Street: Kitchen Theatre Closing of the 100 block of West State: Festival No board member objected. COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: Ed Humulock, S. Titus Avenue resident, questioned the excavation and removal of asphalt on S. Titus Avenue. He expressed his desire to beautify the Northside of 6 Mile Creek similar to the work done on the Southside. Leo Teeter, City of Ithaca businessman, questioned the diverter installation and who wished to have them placed where they are. Steven Ehrhardt, S. Albany Street resident, suggested that the Board withhold judgement on the placement of the traffic diverters until all data is collected within the next few months. He added that the lack of “No Truck Signs” has allowed even City of Ithaca vehicles to access the downtown streets. Shelley Garvey, S. Geneva Street resident, expressed her opposition to the traffic diverters and doesn’t feel as though Ithaca should be a gated community. Marissa Shaffer, S. Plain Street resident, is opposed to the diverters and feels as though that neighborhood is getting preferential treatment. Nicole Carrier, Wood Street resident, supports the installation of the traffic diverters, thanked the Board of Public Works for Board of Public Works –April 12, 2000 - Page 2 their actions and submitted a petition to the Board in support of the traffic calming measures. Mayor Cohen reminded the members of the public that the diverter installation is for a 90 day trial period and the Board will not make decisions today. Sue Perlgut, Wood Street resident, thanked the Board for the diverters. David Ayers, resident of the S. Titus area, stated that the diverters has caused a drug problem and that people are driving over curbs to get around diverters. Charles Rainwith, S. Titus Avenue resident, noted that the diverters are successful in directing traffic into parking lots. Judith Saul, S. Titus Avenue resident, stated that she has noticed a decrease in traffic. The City should look at long term solutions to traffic calming. Rick Rogers, Wood Street resident, expressed concern with the preservation of neighborhoods in light of development and increased traffic. David Law, S. Plain Street resident, stated that members of Common Council and the Mayor were well received at an open discussion relating to the traffic diverters at Titus Towers. Bernadette Fiocca, S. Titus Avenue, spoke in favor of the diverters but does not want the issue to polarize the neighborhood. The potential exists to create a safe environment for the children and seniors. Annie Ball stated that the actions taken were not one of the options up for discussion at the neighborhood meetings. She stated that the Department of Public Works trucks were accessing Titus Avenue parking lots in order to bypass the diverters. Marilyn Pepigon, a resident of the Wood Street area, thanked the Board for the barriers. She noted that people and children are accessing the streets like never before and the decreased traffic is a blessing. Fay Gougakis, Fall Creek resident, stated that the Cascadilla Creek walls are deteriorating. She added her concern over the speed of traffic in our community. She had mixed feelings about the traffic barriers since she has relief from traffic for the few blocks with the diverters then is threatened by the Route 13 traffic when approaching the grocery stores. Karen Kenerson, Ithaca Plaza business owner, stated that the Ithaca Plaza parking lot is being used as a through street and creating a traffic hazard. The increased traffic prevents residents from supporting the businesses in the area affected. RESPONSE TO THE PUBLIC Asst. Supertendent Ferrel described the maintenance procedures for North and South Titus streets and curbs. Curbs are repaired as streets are maintained. He will look at the North Titus curb to see about repairs. He further explained that there are creek bank volunteers that limit the vegetation growth on the Southside of Six Mile Creek, although City crews perform some of the work. Asst. Supt. Ferrel stated that he will speak with City Forester Andy Hillman and determine the timeframe for the cleanup work to be completed. Deputy Chief Signor stated that the Police Department needs to know when cars are driving on curbs then action can be taken. Board of Public Works –April 12, 2000 - Page 3 Mayor Cohen added that he will request that an IPD vehicle be posted in the area. He also responded to the request for stop signs in the Ithaca Shopping Plaza. He promised that the Traffic Engineer would evaluate the area and legally place the signage. Mayor Cohen described the history of the traffic diverters. The original idea was his and other Board of Public Works members should not take the blame for the process. In the past the Board had tried other options. The City will continue to look at surrounding neighborhoods once traffic patterns settle out. Commissioner Beach expressed his thanks to the people who came to speak out. He understands the inconvenience of residents and weighs the need to decrease and divert traffic now. Once development occurs, the neighborhoods will be lost unless action is taken to preserve them. The housing values in the area have decreased due to the traffic. Fire Chief Wilbur has stated that his department has encountered no major access issues. The Ithaca Shopping Plaza remains to be a problem that warrants addressing. Commissioner Korherr confirmed that this is a trial period. The public should stay patient until the data can be analyzed and long term solutions can be implemented. Alderperson Hershey added that the resolution drafted by the Board of Public Works included the Department of Public Works’ directive to conduct long-range traffic studies. HIGHWAYS, STREETS, AND SIDEWALKS ITEMS: Appeal of Sidewalk Assessment for 417 Cascadilla Street By Commissioner Leonardo : Seconded by Commissioner Vargas- Mendez WHEREAS, Russell Brann, owner of 417 Cascadilla Street, received a 1999 sidewalk assessment for sidewalk work completed on his property, and WHEREAS, Mr. Brann explained to the Board of Public Works that he did not receive notice of when the city would complete the work after the 1996 notice, and WHEREAS, Mr. Brann stated that had he been aware of the city’s intention to do the work in 1999, he would have replaced the sidewalk himself at a lower cost, and WHEREAS, it is the department’s policy to notify the homeowner prior to sidewalk replacement, and staff has not produced the July 22, 1999 letter sent to other properties on the assessment list, and WHEREAS, the Board of Public Works has reviewed information provided by staff and Mr. Brann concerning the sidewalk assessment for 417 Cascadilla Street; now therefore, be it RESOLVED, That the Board recognizes that the City’s contractor completed the sidewalk replacement work, and feels that the homeowner is responsible for payment because Mr. Brann acknowledged that he had notice in 1996 that the work needed to be done along with a diagram showing the failing segments and the burden should not be left on the other taxpayers of the City, and be it further RESOLVED, That the Board hereby denies the request for full expungement of the sidewalk assessment for 417 Cascadilla Street, and be it further RESOLVED, That Mr. Brann be billed for the work related only to the 175 feet of 6” sidewalk. Board of Public Works –April 12, 2000 - Page 4 Extensive discussion followed on the floor regarding the history of this issue. Mr. Brann was notified of defects on 175 feet of 6” sidewalk in 1996, but was not notified that the City intended to replace the sidewalk in 1999. Mr. Brann was also not notified that the City further intended to replace an additional 75 feet of 4” sidewalk. City staff has been unable to produce a copy of said notification. Mayor Cohen expressed a desire to explore ways to reduce the amount of time that lapses between notification of defects, and sidewalk replacements. A vote on the Resolution resulted as follows: Carried Unanimously Appeal of Sidewalk Assessment for 124 East Court Street By Mayor Cohen: Seconded by Commissioner Leonardo WHEREAS, David Ferris, owner of 124 East Court Street, received a 1999 sidewalk assessment for sidewalk work completed on his property, and WHEREAS, Mr. Ferris had several exchanges of correspondence with staff concerning the slate sidewalk that was in place prior to the work, and WHEREAS, Mr. Ferris feels that since his property is in a historic district that the slate sidewalk contributed to the historic value of the property, but did not take any action to correct the defects in the walk despite several notices between 1990 and 1996, and WHEREAS, no action was taken following the city’s August 1999 letter resulting in repairs done by the city’s contractor, and WHEREAS, the Board of Public Works has reviewed information provided by staff and Mr. Ferris concerning the sidewalk assessment for 124 East Court Street; now, therefore be it RESOLVED, That the board recognizes that the city’s contractor completed the sidewalk replacement work, and feels that the homeowner is responsible for payment because notice of the need to repair sidewalk defects had been received as early as 1990 and the burden should not be left on the taxpayers of the city, and be it further RESOLVED, That the Board hereby denies the request to expunge the sidewalk assessment for 124 East Court Street. Motion to Table By Mayor Cohen :Seconded by Commissioner Korherr RESOLVED, That this item be tabled pending further discussion. Carried Unanimously Alderperson Hershey suggested that the Board confer with the Ithaca Landmarks Preservation Commission for historical value of replacing slate. Adoption of ILPC Proposed Policy for Slate Sidewalks. By Commissioner Beach :Seconded by Commissioner Gutenberger WHEREAS, the Ithaca Landmarks Preservation Committee has been concerned with the removal of slate sidewalks within historic districts of the city, and WHEREAS, ILPC is pointing out that the Department of Public Works must follow Section 228-4(I) of the City Code that requires all work scheduled to be done in the historic districts, which may result in a material change of use or appearance shall be reviewed by ILPC, and Board of Public Works –April 12, 2000 - Page 5 WHEREAS, ILPC is proposing that when slate sidewalks are replaced that the replacement should be in kind unless otherwise allowed and that the owner be charged for the cost as if the replacement were concrete and the city will defray any excess costs; now, therefore be it RESOLVED, That the Board of Public Works hereby approves of the proposal from ILPC as it is outlined in Leslie Chatterton’s memo of March 31, 2000, and be it further RESOLVED, That the Board recommends that Common Council adopt this proposal to reaffirm the value of historic slate sidewalks to the character of Ithaca’s historic districts and the intent to retain these materials. Carried Unanimously The Board reviewed the input that they previously discussed in addition to Leslie Chatterton’s memo. Residences outside of the historic district would have to follow the procedures defined by the Department of Public Works. CDBG Grant Application – Plain Street Bridge By Commissioner Vargas-Mendez: Seconded by Commissioner Leonardo WHEREAS, Common Council authorized FY 2000 Small Cities Community Development Block Grant (CDBG) application, and WHEREAS, the only public facility included in the grant application is a $ 35,000 project to make improvements at the Plain Street pedestrian bridge, now, therefore be it RESOLVED, That the Board of Public Works hereby approves the concept of improvements to the Plain Street pedestrian bridge, including improved lighting and bridge approach improvements along North Titus Avenue. Carried Unanimously PARKING AND TRAFFIC ITEMS: Proposed Parking Agreement with The Thomas Group By Commissioner Gutenberger :Seconded by Commissioner Leonardo WHEREAS, the 1993 parking agreement between the City of Ithaca and The Thomas Group will expire in October 2000, and has not exercised its right to extend that agreement, and WHEREAS, The Thomas Group has expanded its offices and plans for more expansion, making them a vital asset to the downtown economy and is currently negotiating a new parking agreement with the city; now, therefore, be it RESOLVED, That the Board of Public Works hereby approves of the proposed parking agreement between the City of Ithaca and The Thomas Group that would include the following terms: 1) up to 200 permits, with at least 100 available in the Green Street/Lot D facility and the balance available within the city’s downtown off-street parking system. While the city recognizes Thomas’ desire to use the Green Street facility, Thomas’ recognizes the city may need to use the permit rate schedule to balance demand and to respond to conditions, 2) permit pricing would be the same as for any other parking customer based on the current rate schedule, 3) “Value Cards” will be available for some employees, 4) eligibility for any discount programs that may be developed, 5) terms of this agreement would be concurrent with The Thomas Group proposed new building lease. and, be if further Board of Public Works –April 12, 2000 - Page 6 RESOLVED, That the Mayor be authorized to enter into such agreement upon approval by the City Attorney. Carried Unanimously Linn Street Bridge over Cascadilla Street Project P.I.N. 375236 – Designation of Lead Agency Status for Environmental Review By Mayor Cohen :Seconded by Commissioner Korherr WHEREAS, State Law and Section 17.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding for carrying out the action, and WHEREAS, the proposed adoption of the Bridge Rehabilitation Project Linn Street over Cascadilla Creek is a “Type II” Action pursuant to CEQR because it is the maintenance of an existing facility (replacement in kind) and therefore, does not require the preparation of an EIS or any other determination or procedure under the City’s Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Board of Public Works of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed adoption of the Bridge Replacement Project for Linn Street Bridge over Cascadilla Creek. Carried Unanimously Power to Act – Determination of Environmental Impact of the Linn Street Bridge By Mayor Cohen :Seconded by Commissioner Beach RESOLVED, That the Board of Public Works grant themselves the power to act at their April 19, 2000 Committee of the Whole meeting to discuss the issues relating to the Linn Street Bridge designation of lead agency. Carried Unanimously Power to Act – Award of Bid for 2000 Sidewalk Replacement Program – Phase A By Mayor Cohen :Seconded by Commissioner Leonardo RESOLVED, That the Board of Public Works grants themselves the Power to Act at the April 19,2000 Committee of the Whole Meeting to award the bid of the 2000 Sidewalk Replacement Program – Phase A. Carried Unanimously Power to Act – Use of First Street for Science Center Parking By Mayor Cohen :Seconded by Commissioner Gutenberger RESOLVED, That the Board of Public Works grants themselves the Power to Act at the April 19, 2000 committee of the Whole Meeting to allow the use of a portion of First Street for additional Sciencenter parking. Carried Unanimously WATER AND SEWER ITEMS: Request for Rebate of Water and Sewer Bill for 319 East Court Street By Commissioner Korherr :Seconded by Commissioner Gutenberger WHEREAS, Shelley Feldman, owner of 319 East Court Street, recently converted her 1 inch water meter to a 5/8 inch water meter to reduce the flow into the residence because it was Board of Public Works –April 12, 2000 - Page 7 believed she was not using as much as the minimum usage charged for the larger meter, and WHEREAS, Ms. Feldman believes that she overpaid the city for water since she did not meet the minimum usage billed for the 1 inch meter and is now requesting reimbursement of her “overpayments,” and WHEREAS, the Board of Public Works has reviewed Ms. Feldman’s request for reimbursement of some portion of her prior years water bills; now, therefore, be it RESOLVED, That the Board hereby denies the request since Ms. Feldman was properly billed for the water meter installed at 319 East Court Street. Carried Unanimously Cooperative Extension Request for Use of Cascadilla Creek By Commissioner Gutenberger :Seconded by Commissioner Korherr WHEREAS, Cooperative Extension had requested permission to use Cascadilla Creek for a duck race in the last weekend in April in conjunction with the 4-H Day Camp: now, therefore be it RESOLVED, That the Board of Public Works grants Cooperative Extension the use of the creek provided that they have contacted Cornell University and have been granted permission to race on their property and provide staff to ensure that citizen safety is not compromised along the creek bank, and be it further RESOLVED, That applicants work with City staff to resolve any outstanding logistical concerns, RESOLVED, That Coop. Ext. provide an insurance rider listing the City of Ithaca as an additional insured on the day of the event for the million dollar minimum liability amount. Carried Unanimously Closure of North Cayuga Street – Kitchen Theatre Co. By Mayor Cohen :Seconded by Commissioner Beach WHEREAS, the Kitchen Theatre Company has requested the closing of N. Cayuga Street between State and Seneca, and WHEREAS, the Kitchen Theatre has generated a petition of all businesses in close proximity to the area supporting their desire for street closure and the event; now, therefore be it RESOLVED, That the Board of Public Works approve the closure of N. Cayuga Street on June 18, 2000 from 6:00 pm – 12:00 midnight, and be it further RESOLVED, That the Kitchen Theatre provide an insurance rider adding the City of Ithaca as an additional insured for the day of the event for a minimum $ 1 million dollar liability amount, and be it further RESOLVED, That the meters be properly posted 24 hours in advance of street closure and that communications with TCAT are made at least a week prior to the event so that the managers and drivers will be fully notified and proper adjustments are made, and be it further RESOLVED, That the applicants are responsible for the clean up of the area and in the event of non-compliance will be charged for the cleanup. Carried Unanimously Closure of West State Street – Latino Civic Assoc. By Mayor Cohen :Seconded by Commissioner Beach Board of Public Works –April 12, 2000 - Page 8 WHEREAS, the Latino Civic Association has requested the closure of West State Street between Geneva and Cayuga on April 29, 2000 between 11:00 am and 7:00 pm for their Spring Festival, and WHEREAS, the Board of Public Works believes it should be consistent in its policy accomodating street closures for special events to organizations, and WHEREAS, the Board has some concerns about the day of this event but still feels its worth the try to see if it can work on a Saturday; now, therefore be it RESOLVED, That the Board of Public Works grant the application to close the 100 block of West State Street on the date and time requested RESOLVED, That the Latino Civic Association provides an isurance rider listing the City of Ithaca as an additional insured for the day of the event for a minimum $ 1 million dollar liability amount, and be it further RESOLVED, That the applicant arrange for meters be properly posted 24 hours in advance of street closure and that the City communicate with TCAT at least a week prior to the event so that the managers and drivers will be fully notified and proper adjustments are made, and be it further RESOLVED, That the applicants are responsible for the clean up of the area and in the event of non-compliance will be charged for the cleanup, and be it further RESOLVED, That the individual merchants on that block receive advanced notification of the event. Carried Unanimously Reconfiguration of Thurston and Wait Avenue By Mayor Cohen :Seconded by Commissioner Beach RESOLVED, That the Board of Public Works directs Engineering staff to evaluate the intersection at Thurston and Wait Avenues in light of the fact that this intersection will be subject to road work this summer with an eye towards any improvements to facilitate traffic in that area particularly turning radius’ of larger vehicles. Carried Unanimously Power to Act – Stop Signs at Thurston and Wait By Mayor Cohen :Seconded by Commissioner Beach RESOLVED, That the Board of Public Works grant themselves the Power to Act at the April 19, 2000 Committee of the Whole meeting to discuss the stop signs at the eastern intersection of Thurston and Wait across from Wrisley Hall. Carried Unanimously Power to Act – Handicapped Parking at State and Geneva By Commissioner Korherr :Seconded by Commissioner Vargas-Mendez RESOLVED, That the Board of Public Works grant themselves the Power to Act at the April 19, 2000 Committee of the Whole meeting to discuss installation of a handicapped parking space at the southeast corner of State and Geneva Streets. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 6:40 p.m. Board of Public Works –April 12, 2000 - Page 9 Julie Conley Holcomb Alan J. Cohen City Clerk Mayor