HomeMy WebLinkAboutMN-BPW-2007-06-06BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Committee of the Whole Meeting 4:45 p.m. June 6, 2007
PRESENT:
Mayor Peterson
Commissioners (6) - Jenkins, Dotson, Chapman, Schlather, Tripp, Wykstra
OTHERS PRESENT:
City Attorney - Hoffman
Superintendent of Public Works - Gray
Assistant Superintendent of Streets and Facilities - Ferrel
Assistant Superintendent of Water and Sewer – Whitney
Common Council Liaison – Coles
DAC Liaison – Roberts
Deputy Director of Planning & Development – Cornish
Transportation Engineer – Logue
Asst. Civil Engineer – West
Deputy Director for Economic Development – DeSarno
Executive Assistant – Grunder
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Superintendent Gray requested the addition of an item entitled “Request to Declare a
Modified Strip of Land in the 100 Block of South Aurora Street as Surplus Property –
Resolution”
No Board Member objected.
Superintendent Gray further requested that a substitute resolution entitled “Request for
Encroachment Agreement at 506 Cliff Street” replace the one distributed with agenda
packets.
No Board Member objected.
Mayor Peterson noted that an official announcement regarding “A Public Hearing for
Sidewalks” had been made, and that the hearing would begin at 5:00 p.m. She
requested the addition of that item to the agenda.
No Board member objected.
GIAC’s Proposed On-Street Parking – Request To Amend the Vehicle and Traffic
Schedules to Create a Permit Parking Zone on Court Street for Employees of the
Greater Ithaca Activities Center (GIAC) - Resolution
By Commissioner Schlather: Seconded by: Commissioner Tripp
WHEREAS, the Board of Public Works is authorized by Section 346 of the City Code,
entitled Vehicles and Traffic, to adopt and to amend a system of Schedules in order to
administer the Vehicle and Traffic Law, and
WHEREAS, the New York State Vehicle and Traffic Law Section 1640 (a)(22) allows
the legislative body of a city with respect to highways to regulate the parking of vehicles
in designated areas reserved for public business at or adjacent to a government facility,
and
WHEREAS, Section 346-4 of the City Code authorizes the Board of Public Works to
adopt regulations in accordance with the New York State Vehicle and Traffic Law and to
adopt and to amend a set of Schedules to record such regulations, and
WHEREAS, the Board of Public Works has been petitioned to designate fifteen (15) on-
street parking by permit only for employees of the Greater Ithaca Activities Center
(GIAC), which is a governmental facility, and
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WHEREAS, the Board of Public Works is interested in experimenting with this type of
parking and is willing to create such an on-street parking zone on Court Street adjacent
to the GIAC building, and
WHEREAS, a new Schedule should be created to record this regulation, now therefore
be it
RESOLVED, That Schedule XXXI, Governmental Facility Parking, be hereby added to
the City of Ithaca Vehicle and Traffic Schedules to record the name of street, side of
street, time limit; hours/days, location and rules for areas regulated in accordance with
New York State Vehicle and Traffic Law Section 1640 (a)(22), and be it further
RESOLVED, That Schedule XXXI, Governmental Facility Parking, shall include the
following statement, “In accordance with the New York State Vehicle and Traffic Law
Section 1640 (a)(22) and the authority given to the Board of Public Works in Section
346-4 of the City Code, the following locations at or adjacent to a governmental facility
are hereby regulated by the stated rules, and be it further
RESOLVED, That Schedule XXXI, Governmental Facility Parking, be amended to add
the following entry:
Name of Street Side Time Limit; Location Rule
West Court St. North 8 a.m. to 4 p.m. 300 feet Parking Mon – Fri
west of N. by City permit only
Albany St.
and be it further
RESOLVED, That the permit that allows parking in this location shall be available only
to active employees of the Greater Ithaca Activities Center, and be it further
RESOLVED, That Board of Public Works requests that the Director of the Greater
Ithaca Activities Center manage and administer the permits for employees at GIAC,
resulting in permits issued by the Chamberlain’s Office.
Commissioner Tripp stated that she would support this resolution with some
reservations. She voiced concern that this restricted parking zone would create a
burden for some neighborhood residents and other transient people who park in the
neighborhood for a limited basis.
City Attorney Hoffman stated that a question was raised about the interpretation of the
State law which allows the City to take this action. He reviewed three opinions from the
Office of the Attorney General that indicate that the statute allows the City to designate
on street parking areas closest to the governmental facility in question. The opinions
state that “it would generally be those areas on bordering highways that abut or are
directly across from the facility; or that extend a reasonable distance from these areas.”
In this case, some of the parking on Court Street is directly across the street from GIAC,
some extends further to the west, and some is across from school district property and
Immaculate Conception property. He further noted that the second opinion indicates,
“factors to be considered in setting aside this kind of parking are in weighing the
reasonableness of the proposed regulations, including the need for availability of
alternate parking for other persons who need access to residences, businesses, or
other facilities in the area”. He stated that when the Board discussed this issue before,
they talked about the need for the residents on Albany Street to have some short-term
parking in front of their residences, and that it is more reasonable to take the parking in
an area where there are no residences.
A vote on the Resolution resulted as follows:
Carried Unanimously
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Public Hearing on 2006 Sidewalk Assessments:
Resolution to Open Public Hearing:
By Commissioner Dotson: Seconded by Commissioner Tripp
RESOLVED, That the Public Hearing on 2006 Sidewalk Assessments be declared
open.
Carried Unanimously
Elaine Weiner spoke on behalf of her husband Rueben Weiner and his brother Milton
Weiner who own property on Elmira Road. The assessment for their properties includes
a curb, that in reality does not exist. She stated that they also have a concern regarding
the 25% administrative fee and whether they would receive an itemized bill to show
what that fee includes.
Resolution to Close Public Hearing:
By Commissioner Dotson: Seconded by Commissioner Jenkins
RESOLVED, That the Public Hearing on 2006 Sidewalk Assessments be declared
closed.
Carried Unanimously
North Aurora Street – Sidewalk on 100 Block
Transportation Engineer Logue distributed a drawing of the 100 Block of North Aurora
Street that illustrates the proposed redesign of the block. He stated that staff held a
follow-up meeting with merchants last week, and those who attended showed
unanimous support for the proposal. The meeting focused on the redesign of the space
between the curb and the face of the buildings, the location of trees, how to regulate the
additional sidewalk space, and what on street parking and loading zones would remain.
He noted that staff met with representatives from the fire department, police
department, and community service officers (CSO) to get a sense of their needs and
perspectives on parking, loading, and enforcement issues. Staff also met with the
Disability Advisory Council (DAC) who expressed full support for this proposal. The only
comment received was a request to get wider curb ramps in a couple of areas.
Asst. Civil Engineer West answered questions as he made a presentation on the
proposal. He explained the alternatives considered and how the final design was
chosen. The final design will maintain approximately the same tree locations although in
slightly different configurations. The trees need to be replaced because of their age and
species. He noted that the area by Contemporary Trends and the Commons Market
does not include enough space for outdoor dining as it will accommodate parking and a
loading zone. They are proposing the relocation of the curb in some areas in order to
install textured buffer strips in contrasting colors to provide a visual buffer for both
motorists and pedestrians. The textured area will provide a boundary for people in
wheelchairs or with walking sticks on the curb. He also noted that the DAC fully
supports the redesign of the curb areas. Staff is also considering the installation of three
new streetlights in order to provide appropriate pedestrian scale lighting. The current
streetlights are in very poor condition.
Asst. Civil Engineer West stated that the goal is to maintain as much of the existing
pavement as possible. He noted that the stenciling of the outdoor dining spaces has
been successful, and the City plans to continue to stencil the new enlarged dining areas
as well. He noted that staff would like a straight path for pedestrians and at the same
time be able to clearly delineate the space that can be used for outdoor dining.
Transportation Engineer Logue stated that staff would like to come back next week and
ask the Board to make a recommendation which would then need to go to City
Administration Committee, and then ultimately to Common Council to request the
creation of a Capital Project to fund the City’s portion of this project. He further stated
that the City is also looking towards a portion of the project being paid for by sidewalks
assessments.
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Asst. Civil Engineer West explained that he prepared an estimate for the project, which
is exclusive of the asphalt, because the asphalt cost would have been the City’s
responsibility anyway. He estimated that it would cost $100,000 to $150,000 for this
additional work. Of that estimate, approximately one-third is for the concrete for
sidewalks and buffer strip, approximately half would be assessed to the property owner,
and half would be a cost incumbent upon the City. He further stated the rest of the
budget would be used for structural soil for the trees, re-setting of curbing, placing
foundations for streetlights, pole boxes, conduit, and the streetlights themselves.
Discussion followed regarding the cost of the project, the materials that would be used,
the design of the enlarged dining spaces, creating transitional zones for pedestrians, the
need to maintain a clear path for pedestrians, how the new curbing and textured
surfaces would be installed, the design and placement of new street lights, the
additional space the restaurants would gain for their outdoor dining, and how the cost
would be shared amongst the business owners and the City.
Asst. Civil Engineer West stated that he would put together a standard bid sheet. He is
hoping to receive a proposal from Economy Paving who is currently working on the
South Aurora Street bridge. He further noted that the City has a current contract with
Economy Paving and he believes this work could be completed without exceeding their
current contract; or come within 15% of it.
Commissioner Tripp questioned why the City should pay any of the additional costs as
many of the businesses on the block would be gaining a great value in the doubling of
their outdoor dining spaces.
Asst. Civil Engineer West responded that as policy makers, that is the Board’s decision.
He identified a couple of practical limitations (including our standing agreements
regarding the maintenance of the secondary Commons), the liability that is incurred by
the tree grates, and the questionable health of the City street trees. Those are not costs
that the City can share with the property owners. Replacing, or repairing those items
pre-emptively is actually a savings to the City.
Commissioner Tripp asked if the replacement of tree grates, and pavers were not
included in the original water and sewer project.
Asst. Civil Engineer West responded no; the plan by the Department of Public Works
was that there would be a single trench down the street that would be approximately
eight to ten feet wide and that it would be a trench restoration and a pavement patch.
However, issues arose relative to the water main that had to be replaced, and the City
ended up with the entire replacement of the pavement on the street.
Commissioner Schlather asked if any of the affected properties are within the Commons
assessment district. City Controller Thayer responded that the Commons assessment
district is no longer in place.
Commissioner Schlather stated that he understands there are costs involved with the
repairs, but the piece that is not accounted for is that the City is licensing public lands to
all of these property owners for their private purpose. Nine property owners will increase
their dining areas significantly. He thinks this is great for the City, but also that it should
be recovering some type of fee from those owners for the use of that space.
Mayor Peterson stated the estimate from Asst. Civil Engineer West was only a
preliminary estimate. She noted that Common Council, the Superintendent, and the City
Attorney’s office have not seen it yet and she did not take his statement to mean that
would be the final cost.
Asst. Civil Engineer West responded that he will not know what the final cost is until
Economy Paving submits a bid for the project and then policy decisions will need to be
made. He stated that the Board would also need to determine how the costs are
allocated; however, the work needs to be completed by the middle of August and any
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procedure other than a direct sidewalk assessment is something that would require an
action of Common Council and would probably take far longer to decide.
DAC Liaison Roberts stated that the DAC fully supports this project. He noted that
pedestrian traffic through that area has been difficult and this is the easiest way to solve
that problem.
The Rimland Project:
Scott Whitham, Thomas Group Architects, addressed the Board to explain that they are
assisting Jeff Rimland look at the feasibility of a project at the end of the Rothschild
Building, where there are loading and parking areas and then up above where there
currently is a TCAT bus shelter.
Jeff Rimland explained that the concept of his buying surplus property from the City to
develop a project started about a year and a half ago. In July 2006, the Board of Public
Works asked him to appraise the portion of land that the City was proposing as surplus
property and he has done that. He explained that the information distributed delineates
the area that the BPW agreed to deem surplus and to sell to him. He has subsequently
asked The Thomas Group to design a footprint for the project and has determined that it
lacks 273 square feet.
Extensive discussion followed on the proposed hotel project including the proposed
height of the building, the number of rooms, what the minimum requirements are for a
flag hotel in this space, where the entrance for the hotel would be located since it
involves both Aurora Street and Green Street, where parking would be located, where
and what off-site parking would be needed, and the location of loading areas.
Mr. Whitham explained that Mr. Rimland met with Tompkins Consolidated Area Transit
and they are in the process of designing a new bus shelter on Aurora Street, but they
are waiting to work with them to make sure that the bus area on the Commons front of
this new project will have some design and aesthetic unity. He stated that TCAT is
excited about the fact that there might be something else happening in this location,
which could support a design other than what they had originally proposed.
City Attorney Hoffman stated that when the Board acted on this proposal one of the
conditions was that any new construction extend to the retaining wall along the west
side of the Aurora Street sidewalk. Right now, that retaining wall is open and it is on a
slope so if the City had to get to it to do any work it could. If a building were constructed
very close to the retaining wall but not up to it, access to the wall could become
problematic for the City.
Mr. Rimland responded that they were not asking for land up to the retaining wall and
noted that it was not offered as surplus property.
Superintendent Gray stated that retaining wall allows the road to exist at one elevation
and the bank coming down to the parking lot at a different elevation. They are proposing
to enclose that space and he thinks that could be addressed in the designing phase of
the project.
Mr. Whitham noted that in terms of design, that certainly would be an important piece to
make sure that if the wall indeed exists that there is the ability to maintain it.
Superintendent Gray stated that there is a storm sewer located under the proposed
hotel that will need to be considered as the project is designed.
Commissioner Schlather stated that he appreciates the efforts by Mr. Rimland and Mr.
Whitham to try to make this project work.
Mayor Peterson left the meeting.
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City Attorney Hoffman stated that in relation to what the Board voted on in April, it would
be helpful to know which conditions are being requested to change as well as the
boundaries. He asked Mr. Rimland and Mr. Whitham to review the conditions
incorporated into the resolution that the Board approved in April.
Mr. Rimland responded that they had issue with one of the conditions relating to
construction deadlines. He noted that because government agencies take the longest to
move forward in a timely manner, it is possible that the project may not be completed in
five years. The other issue is that the bank will commit to finance only if there is a clock
ticking, so they need a more flexible way of getting through the process. He suggested
that instead of the conversion title they take an option that the City holds the title to the
property, while Rimland holds an option to buy the property within five years. If they are
actively working towards completing the project, they can extend that option, so they do
not lose their ability to buy the property.
City Attorney Hoffman clarified that Common Council would decide the actual
conveyance of this property. If Common Council did not want to use a competitive
bidding process, it would then be transferred to the Ithaca Urban Renewal Agency.
Superintendent Gray stated that the intention of the conversion title was for if the
property were not going to be used for that purpose, it would revert back to the City. He
further stated that if the Board was comfortable with the option clause, he could put
together a resolution for next week that would accept the idea as a way to address item
five in the original resolution. City Attorney Hoffman stated that he would like to work
with the Superintendent on the wording of that resolution.
Commissioner Schlather stated that with the proposed option, the City is preserving
what it considers as the view shed, the pedestrian access, and all of the issues
pertaining to permanent access for the maintenance of utilities and storm sewers. He
stated that if this option were exercised, it would be for this specific project. If the project
does not go forward, the City would retain ownership because it is not interested in
having the land transferred to another developer.
Common Council Liaison Coles stated that the issue is complicated further by the fact
that it has been her understanding all along that this parcel of land was going to have
housing on it and not a hotel. She is not sure how the rest of Common Council will feel
about a hotel going in there. She stated that the issue is becoming quite complex
especially since that the Board would be fine with the sale of the land as far as this
project went forward and Common Council might feel completely the opposite.
Discussion followed on the floor about what information Mr. Rimland and Mr. Whitham
need to provide in order to move forward with the project.
Commissioner Schlather announced that he would not be at the meeting next week and
requested that the Board consider giving themselves Power to Act for the Committee of
the Whole meeting on June 20, 2007 so he could participate in that meeting.
City Water Supply – Scoping for EIS
Commissioner Dotson explained that there were two issues related to the Water Source
that need consideration; one is the consultant contract and the other is the scoping
document. She noted that the Mayor had suggested that they leave the contract issue
for another time and focus on the scoping document so it can be released for public
input, and to set a date for the public hearing.
Superintendent Gray explained that the Board adopted a draft-scoping document which
will be used to create the final scoping document, and begin the Environmental Impact
Statement (EIS). He stated that he and Deputy Director of Planning and Development
Jo Ann Cornish had set up dates for a public information meeting and to present the
project and environmental process. That meeting will be followed by the public scoping
meeting at 7:00 p.m. on Wednesday, June 20, 2007, to receive public input as well as
agency input in an open forum. Written input as well as agency input to the scope will
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also be sought. Once those forums take place, and if the corrected draft is acceptable, it
will be published by distributing it to the involved agencies, interested agencies, and to
the public for comment.
Deputy Director of Planning and Development Cornish stated that members of Common
Council would like the opportunity to attend those meetings. A suggested date of
Monday, June 18th has been selected for the information meeting that will include the
consultants and members of other various boards. There will be a presentation, areas
where people can go to ask questions, and then review of those questions and
concerns. The public scoping period is when people will actually come and speak to the
content of the document and to request the inclusion of items of concern to them. Once
that meeting takes place there will be another public comment period where written
comments would be accepted.
Extensive discussion followed regarding what time frame the City should use for receipt
of public comment because it has the option of 30, 45, or 60 days.
City Attorney Hoffman stated that the Mayor favors a longer period, 60 days or as close
to 60 days as possible. He pointed out that the Board’s meetings are currently
scheduled for August 1, 8, and 15. If the Board were to choose 30 days, it could use
the last meeting in July to start reviewing the public comments. He explained that the
Board could start analyzing comments as soon as they are received and not wait until
the end of the public comment period to start evaluating each comment.
Further discussion followed regarding when to schedule the public information meeting
and what day of the week works best for Board members and Common Council
members. The Board agreed to hold the meeting on June 28, 2007 from 5 p.m. to 7
p.m.
City Water Supply – Consultant Contract
This item was not discussed.
Encroachment Agreement – 506 Cliff Street – Power-to-Act Resolution
This item was not discussed.
Electricity on the Commons
This item was not discussed.
ADJOURNMENT
On a motion the meeting adjourned.
Sarah L. Myers Carolyn K. Peterson
Information Management Specialist Mayor