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HomeMy WebLinkAboutMN-BPW-2004-06-09BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. June 9, 2004 PRESENT: Acting Mayor Whitmore Commissioners (5) - Jenkins, Dotson, Chapman, Schlather, Romanoff OTHERS PRESENT: Deputy City Controller - Andrew Superintendent of Public Works - Gray Assistant Superintendent of Water and Sewer - Fabbroni Common Council Liaison – Coles Information Management Specialist - Myers EXCUSED: Mayor Peterson Commissioner Tsegaye DAC Liaison - Roberts The meeting began at 5:00 p.m. PLEDGE OF ALLEGIANCE: Acting Mayor Whitmore led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: Approval of the Minutes of the May 12, 2004 Board of Public Works Meeting By Commissioner Schlather: Seconded by Commissioner Dotson RESOLVED, That the Minutes of the May 12, 2004 Board of Public Works meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Superintendent Gray requested the addition of the following items: 13C Request for Encroachment at 207 South Hill Terrace 14C Request for Power to Act Regarding Acquisition of Property 17A Request for Power to Act Relating to Award of Bid for the IAWWTP No Board member objected. MAYOR'S COMMUNICATIONS: Acting Mayor Whitmore introduced himself and then had the Board introduce themselves to the audience. COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: Dayna L. Schreckenyost, City of Ithaca, addressed the Board regarding the possibility of closing West Court Street until coal tar removal/construction is completed to limit travel through the neighborhood. Gino Bush, City of Ithaca, addressed the Board regarding when the plaque in memory of Bernie Milton will be placed on the Bernie Milton Pavilion. He further addressed the Board regarding the renaming of Green Street to Martin Luther King Blvd. Pete Meyers, City of Ithaca, addressed the Board regarding renaming Green Street to Martin Luther King Blvd. Robin Palmer, Town of Ithaca, addressed the Board regarding renaming Green Street to Martin Luther King Blvd. Board of Public Works Meeting June 9, 2004 2 The following people addressed the Board regarding increased traffic, speeding and traffic calming proposals in the South of the Creek Neighborhood: Sue Perlgut, City of Ithaca Judy Briggs, City of Ithaca Susan Hurwitz, City of Ithaca Pamela Mackesey, City of Ithaca The following people addressed the Board regarding installation of sidewalks on Cecile Malone Drive: Ted Grant, Town Semponius Kenneth Fiero, Town of Ithaca Tom Mazzanoble, City of Ithaca Barry Long, City of Ithaca Tim Maguire, McGuire Ford – City of Ithaca, addressed the Board regarding land acquisition on Meadow Street/Cecile Malone Drive. Robin Masson, City of Ithaca, addressed the Board regarding an encroachment agreement for 207 South Hill Terrace. RESPONSE TO THE PUBLIC Commissioner Chapman responded to comments made regarding closing Court Street during coal tar removal/construction, renaming Green Street to Martin Luther King Blvd., and installation of sidewalks on Cecile Malone Drive. Common Council Liaison Coles responded to comments made regarding traffic in the South of the Creek neighborhood and sidewalk installation on Cecile Malone Drive. Commissioner Schlather responded to comments made regarding sidewalk installation and suggested that the timing of the project be adjusted, if possible, to give property owners adequate time to do the work. Commissioner Romanoff responded to the comment regarding the Bernie Milton Plaque and reported that a sub-committee had been formed and that they had been waiting on the city historian for appropriate wording and that the plaque should be going up soon. Commissioner Dotson stated that she was disappointed that the Bernie Milton Plaque had not been put up yet and thanked everyone for coming to speak. Acting Mayor Whitmore responded to comments made regarding closing Court Street and stated that he is in support of doing that. He further responded to comments made about traffic calming in the South of the Creek neighborhood and stated that he would refer the information from the neighborhood to the Mayor upon her return. Assistant Superintendent for Water & Sewer Fabbroni stated that the City can respond rapidly to the request to close Court Street because enough of the street is rough enough to warrant such a closing. Commissioner Jenkins responded to comments made regarding traffic in the South of the Creek neighborhood and would support additional signage in the neighborhood. 13. BUILDINGS, PROPERTIES, TRANSIT: A. Request for Trash Violation Expungement – 116 South Cayuga Street - Resolution By Commissioner Jenkins: Seconded by Commissioner Romanoff WHEREAS, a trash violation was incurred at 116 South Cayuga Street on March 9, 2004, and bill was issued as required by the City Code, and Board of Public Works Meeting June 9, 2004 3 WHEREAS, material contained in the trash included mail addressed to 116 South Cayuga Street, and WHEREAS, city crews provided a special service by removing trash from the curb twenty-four hours after a warning tag was applied; now therefore be it RESOLVED, That the Board of Public Works hereby denies the request of a tenant for expungement of the trash violation at 116 South Cayuga Street, and RESOLVED, That the board requests the Superintendent of Public Works to notify the owner, as well as the tenant, at 116 South Cayuga Street of the board’s decision and that the bill is due 15 days after the date of the notification. Ayes (5) Chapman, Romanoff, Jenkins, Chapman, Schlather Nays (0) Abstentions (1) Dotson B. Request for Trash Violation Expungement – 417 North Cayuga Street - Resolution By Commissioner Jenkins: Seconded by Commissioner Romanoff WHEREAS, a trash violation was incurred at 417 North Cayuga Street on March 9, 2004, and bill was issued as required by the City Code, and WHEREAS, material contained in the trash included mail addressed to 417 North Cayuga Street, and WHEREAS, city crews provided a special service by removing trash from the curb twenty-four hours after a warning tag was applied; now therefore be it RESOLVED, That the Board of Public Works hereby denies the request of a tenant for expungement of the trash violation at 417 North Cayuga Street, and RESOLVED, That the Board requests the Superintendent of Public Works to notify the owner, as well as the tenant, at 417 North Cayuga Street of the board’s decision and that the bill is due 15 days after the date of the notification. Carried Unanimously C. Request for Encroachment at 207 South Hill Terrace - Resolution By Commissioner Romanoff: Seconded by Commissioner Dotson WHEREAS, William Norton, owner of 207 South Hill Terrace is requesting an encroachment for his property; now, therefore be it RESOLVED, That the Board of Public Works hereby grants the encroachment of a porch of approximately 1.8 feet in to the street right of way at 207 South Hill Terrace, and be it further RESOLVED, That the Board authorizes the Mayor to enter into an encroachment agreement with Mr. Norton under the usual terms and conditions, including but not limited to the termination of the agreement if said property no longer exists or as needed by the city. Carried Unanimously Board of Public Works Meeting June 9, 2004 4 14. HIGHWAYS, STREETS, SIDEWALK: A. Possible Plow Damage at 421 Warren Place - Resolution By Commissioner Romanoff: Seconded by Commissioner Dotson WHEREAS, Mary Baker of 421 Warren Place filed a complaint with both the Mayor’s Office and the Department of Public Works about plow damage to her mailbox, and WHEREAS, staff has reviewed the mail box and found no plow damage to the mail box but rather that the metal support had rusted through at ground level; now, therefore, be it RESOLVED, That the Board of Public Works does not recognize any steps that should be taken by the department as a response to this complaint other than advising the property owner on what steps they might take to restore their private property. Carried Unanimously B. Award of Bid for Hydraulic Pavement Breaker - Resolution By Commissioner Schlather: Seconded by Commissioner Jenkins WHEREAS, bids were received for a new and unused medium range hydraulic pavement breaker on May 24, 2004, and WHEREAS, staff has reviewed the bids and are recommending that the low bid meeting specifications be awarded the contract; now, therefore, be it RESOLVED, That the Board of Public Works hereby awards the bid for a hydraulic pavement breaker to Seneca Supply, Inc., 7 Hall Road, Ithaca, New York 14850 for their bid of $18,595.00 which meets the specifications, and be it further RESOLVED, That the Board authorizes the Assistant Superintendent for Streets and Facilities to enter into an agreement with Seneca Supply with the usual terms and conditions. Carried Unanimously 14C Request for Power to Act - Resolution By Commissioner Doston: Seconded By Commissioner Schlather RESOLVED, That the Board of Public Works grants itself power to act at its meeting on June 16, 2004 regarding the acquisition of property at Meadow Street/Cecil Malone Drive. Carried Unanimously 15. PARKING AND TRAFFIC A. Award of Green Street Parking Garage Limited Structural Repairs - Resolution By Commissioner Jenkins: Seconded by Commissioner Romanoff WHEREAS, bids were received on June 2, 2004 for the Green Street Parking Garage Limited Structural Repairs, and WHEREAS, staff is recommending that the low bidder, who is currently doing repairs and restoration work in Seneca Street Garage be awarded the bid; now, therefore, be it RESOLVED, That the Board of Public Works hereby awards the bid for the Green Street Parking Garage Limited Structural Repairs to National Restoration Systems, Inc., 75 Forbes Blvd, Mansfield, MA 02048 for their low base bid of $379,620.00, and be it further RESOLVED, That the Board authorizes the Superintendent of Public Works to enter into an agreement with National Restoration Systems, Inc., with the usual terms and conditions. Commissioner Schlather stated that this is important work that needs to be done. He is grateful that the Board put the project out to bid as it saved $95,000 which is a nice affirmation of the public process. Board of Public Works Meeting June 9, 2004 5 Discussion followed on the floor regarding the importance of the repairs to the garage and the downtown businesses that rely on it. Commissioner Chapman spoke in opposition to the Resolution as he believes that this expenditure is not fiscally responsible as the new parking garage will be open in the Spring and there are other ways to meet the parking demand such as increased TCAT ridership and employee incentives not to drive. Commissioners Dotson and Schlather recommended a thorough review of the parking rates. A vote on the Resolution resulted as follows: Ayes (4) Romanoff, Jenkins, Schlather, Whitmore Nays (2) Chapman, Dotson Abstentions (0) Carried B. Adoption of Residential Parking Permit System Regulations - Resolution By Commissioner Jenkins: Seconded by Commissioner Romanoff RESOLVED, That the Board of Public Works hereby adopts the following Residential Parking Permit System Regulations: RESIDENTIAL PARKING PERMIT SYSTEM REGULATIONS: 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 City Clerk’s office for the establishment of a Residential Parking Permit Area. B. A Residential Parking Permit Area within the Residential Parking Permit Zone shall be one permit 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 Zoning Ordinance Section 325-4 of the Municipal Code of the City of Ithaca 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 corner property shall be determined by the property’s assessment address. Petition Eligibility. A. The petition may be requested from the City Clerk’s Office, and when returned must be signed by at least 51% of the eligible residents in the proposed permit block in order to qualify for inclusion in the permit system. B. In an R1 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 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. Permit System Renewal. Once a block is included in the permit system, it is included unless and until it is formally repealed. Permit System Repeal. A. If 51% of the eligible residents wish to have the permit system regulations rescinded, they may petition for removal from the Residential Parking Permit System. Board of Public Works Meeting June 9, 2004 6 B. Action to rescind may not begin until a waiting period of six months from the enactment date for that block has passed. C. The City of Ithaca reserves the right to rescind the Residential Parking Permit System Regulations for a block if the City Traffic Engineer determines that the parking permit system is being underutilized by the eligible residents of the block. The determination will be made based on the fact that less than 25% of the eligible permits for the block have been sold in the past two (2) consecutive years, Permit Allocation. A. Only residents of properties zoned R1 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 R1 zone are hereby allowed access to two permits [per tax parcel], and no more. D. Properties in an R2 zone are hereby allowed access to two permits per dwelling unit with [and] a maximum of four permits and no more. [per tax parcel, which ever is fewer.] 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, or under the control of, residents in the permit area, and are non-transferable. F. Permits shall be available for sale on August 1st and shall expire on July 31st of the following year. G. Residents in blocks participating in the Residential Parking Permit System may purchase up to 4 Visitor Passes per year. 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 Non-Conforming Uses A. Properties not conforming to the traditional R1 and R2 zone uses (such as grandfathered properties) shall not receive any grandfathered rights regarding parking permit system. B. Grandfathered properties in an R1 zone shall hereby be considered a single-family house. C. Grandfathered 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. C. The issuance of permits through landlords is hereby prohibited. D. Homeowners and renters must provide the vehicle registration or copy thereof, of the vehicle in question. E. Homeowners and renters may prove residency by producing a deed, current lease, driver’s license with valid address, telephone or utility bill, or other similar documentation. F. The fee for a residential parking permit shall be $45 per year. 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 [permit] pass is $10. K. This is a voluntary program. Residents living in a block included in the permit system are not required to purchase permits, however compliance with city parking regulations is required. L. Permits may be renewed through the mail with proper documentation and a $45 fee. Permits will be issued by the City Clerk’s Office on a “first come – first served” basis. Board of Public Works Meeting June 9, 2004 7 M. If a permit holder wishes to transfer a permit to a different vehicle, or there is a change of license plates on a vehicle with a permit, the new license plate number and vehicle identification number must be reported to the City Clerk. A new permit will be issued without charge, only if physical remnants of the old permit are returned. If the physical remnants of the old permit are not returned, the new permit will only be issued if there is an eligible permit available for the property, at a cost of $45. Hours in Effect A. Permit requirements established pursuant to this 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., excluding holidays. B. Permit holders will be exempt from the 9am-1pm and 1-5pm “no parking” regulations in resident parking permit areas. C. Street signage will display the restricted hours. D. Permit holders and non-permit holders must abide by all other City parking restrictions set forth in the Vehicle and Traffic Chapter of the City of Ithaca Municipal Code including the odd/even overnight restriction, 24-hour parking limits, loading zones, handicap parking, 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 Engineer to install appropriate weekday time restriction signage (such as “No Parking 9 am – 1 pm”) on their streets. This offers an alternative option for blocks that elect not to participate in the 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 City Clerk’s Office. Amending Resolution: By Commissioner Dotson: Seconded by Commissioner Chapman RESOLVED, That the Residential Parking Permit System Regulations be amended to read as follows: Permit System Repeal: C. The Board of Public Works reserves the right to rescind the Residential Parking Permit System Regulations for a block if the City Traffic Engineer determines that the parking permit system is being underutilized by the eligible residents of the block. The determination may be made based on the fact that less than 25% of the eligible permits for the block have been sold in the past two (2) consecutive years, Carried Unanimously Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Dotson RESOLVED, That the Residential Parking Permit System Regulations be amended to read as follows: Permit Allocation: D. Properties in an R2 zone are hereby allowed access to two permits per dwelling unit with a maximum of four permits per property and no more. Based on City zoning laws the greatest legal number of dwelling units allowed in a structure in an R2 zone is two. Carried Unanimously Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Jenkins RESOLVED, That the Residential Parking Permit System Regulations be amended to read as follows: Board of Public Works Meeting June 9, 2004 8 Permit Allocation: 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 R1 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. Carried Unanimously Main Motion As Amended: A vote on the Main Motion as amended resulted as follows: Carried Unanimously 17. WATER AND SEWER: A. Request for Power to Act - Resolution By Commissioner Schlather: Seconded By Commissioner Jenkins RESOLVED, That the Board of Public Works grants itself power to act at its meeting on June 16, 2004 for the award of bid for the rehabilitation of the primary settling tank drives and accessories for the IAWWTP. Carried Unanimously UNFINISHED BUSINESS: Discussion followed on the floor regarding the designing and timing of sidewalk installation on Cecile Malone Drive. ADJOURNMENT: On a motion the meeting adjourned at 6:50 p.m. Sarah L. Myers David Whitmore Information Management Specialist Acting Mayor