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HomeMy WebLinkAboutMN-BPW-2007-09-05BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 4:45 p.m. September 5, 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 Information Management Specialist - Myers Traffic Systems Engineer – Logue Deputy Director of Planning & Development – Cornish Assistant Fire Chief – Parsons PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: Approval of the Minutes of the June 21, 2006 Board of Public Works Meeting- Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Minutes of the June 21, 2006 Board of Public Works meeting be approved as published. Carried Unanimously Approval of the Minutes of the July 19, 2006 Board of Public Works Meeting- Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Minutes of the July 19, 2006 Board of Public Works meeting be approved as published. Carried Unanimously Approval of the Minutes of the August 1, 2007 Board of Public Works Meeting- Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Minutes of the August 1, 2007 Board of Public Works meeting be approved with noted corrections. Carried Unanimously Approval of the Minutes of the August 8, 2007 Board of Public Works Meeting- Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Minutes of the August 8, 2007 Board of Public Works meeting be approved with noted corrections. Carried Unanimously Approval of the Minutes of the August 15, 2007 Board of Public Works Meeting- Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Minutes of the August 15, 2007 Board of Public Works meeting be approved as published. Carried Unanimously Board of Public Works – September 5, 2007- Page 2 ADDITIONS TO OR DELETIONS FROM THE AGENDA: Superintendent Gray requested the addition of item 10.2 – TCDog Composting Contract – Update by City Attorney’s Office No Board member objected. MAYOR'S COMMUNICATIONS: Mayor Peterson explained that during a meeting with Cornell University President Skorton at his office, she noted a picture that presented a different perspective of the topography of the area of the proposed Milstein Hall. President Skorton agreed to let her borrow this picture for the Board’s review and information during today’s meeting and then it will be returned to him. COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: Fay Gougakis, City of Ithaca, addressed the Board regarding the widening of sidewalks on the 100 block of North Aurora Street and expressed concern that the bike lane on the new South Aurora Street bridge is not continued through the 100 block of North Aurora Street. She further addressed the Board regarding night time activities on The Commons. HIGHWAYS, STREETS, AND SIDEWALKS: Tree Removal Appeal for 407 North Aurora Street – Discussion with owners of the property, Mr. & Mrs. Carlson Superintendent Gray explained to the Board that the owners of this property have been concerned about this tree for at least the last ten years. He stated that both staff and the Shade Tree Advisory Committee have inspected the tree and do not recommend its removal. This meeting provides an opportunity for the property owners to address the Board directly regarding their concerns. Property owner, Pat Carlson and City Forester, Andy Hillman were present to discuss this item with the Board. City Forester Hillman reported that the minutes from the last meeting of the Shade Tree Advisory Committee indicate unanimous support for his decision not to remove this tree because of its size and good condition. He stated that he understands the owner’s concern about the possible damage to the home’s architecture that could occur should any branches or portions of the tree fall onto the house. He further stated that he is aware that the sidewalk near that tree is also heaved and damaged and requires very careful repair work to avoid any damage to the tree’s roots. He recommended that the area around the tree be mulched and watered to maintain its good condition. Mrs. Carlson explained that some of the branches on this tree are as large as some trees in the neighborhood and they really need to be trimmed back to prevent them from damaging their home. City Forester Hillman explained that this is a very large tree that covers the front yard and cupola of the house. Commissioner Chapman arrived at 5:20 p.m. Discussion followed on the floor regarding what the City would suggest that a property owner do in this situation and any recommendations that could be made to meet the needs of both the property owner and the City. The Mayor requested staff to prepare a resolution for the Board to vote on at their meeting scheduled for September 12, 2007 that would indicate what the City would do in order to assist the property owners in this matter and preserve the tree, at no cost to the property owner since the tree belongs to the City. Board of Public Works – September 5, 2007- Page 3 Amendment to the Vehicle and Traffic Schedules in Regard to Parking on 400, 500, 600 and 700 Blocks of East State Street in Relation to Bicycle Improvements Superintendent Gray distributed the resolution below to Board members at the beginning of today’s meeting. He explained that the resolution did not have to be voted on today, but could serve as the basis to begin a discussion on this topic. Traffic Systems Engineer Logue explained the proposed improvement to the uphill section of East State Street that would include a bike lane, re-arranging parking and required changes in the signage for the street. He further explained that the City has Federal monies from a grant that was obtained to make pedestrian/bicycling improvements in the City. He proposed that if this project were approved they would like to see work begin in the late Spring of 2008. He stated that the New York State Department of Transportation would need to review the project as Federal money is involved. Superintendent Gray stated that one benefit of this proposal is the opportunity to smooth out operations at the “tuning fork” with the merging of Green Street traffic coming across State Street to reach Seneca Street, as there would be limited queuing, better merging, smoother traffic flow and improved pedestrian/bicyclist markings. Assistant Superintendent Ferrel stated that this seems like a simple proposal, but he has had many conversations with residents of that area regarding parking below Stewart Avenue and there may be some controversy regarding this project. Discussion followed on the floor regarding parking concerns on the hill, difficulties faced by workers and employees of Challenge Industries as they try to cross at the bottom of the hill, snow removal concerns, and the difficulties faced by motorists trying to get up and down that hill during the winter months and how at times it is inaccessible to snow plows. Further discussion followed on the floor regarding the possibility of having bike lanes both up and down the hill, the way that bike lanes and parking would be marked, and how to involve the public in this decision. Resolution WHEREAS, the Office of the City Engineer has proposed a project to create an uphill bicycle lane on East State Street between the Tuning Fork (Green Street/Seneca Way) and Mitchell Street, and WHEREAS, the project requires the reallocation of on-street parking and will result in the elimination of approximately a dozen on-street parking spaces (though occupancy counts reveal low demand and infrequent usage of these spaces), and WHEREAS, the Board of Public Works is authorized by Section 346-4 of the City Code to adopt and to amend a system of Schedules in order to administer the Vehicle and Traffic Law, and WHEREAS, the Board of Public Works is in agreement with these amendments to the Schedules, now therefore be it RESOLVED, That the south side of the 400 block of East State Street (described in the schedules as “from the east line of 317 East State Street to the west line of 505 East State Street”) be removed from Schedule XII, Parking Prohibited at All Times, and be added to Schedule XIV, No Standing, and be it further RESOLVED, That the location entry in Schedule XIV, No Standing, for the north side of East State Street be amended to extend from Seneca Street to Schuyler Place, and be it further Board of Public Works – September 5, 2007- Page 4 RESOVLED, That both sides of the 500 block of East State Street (described as “from Sage Place to Stewart Ave”) be removed from Schedule XVII, No Standing Certain Hours, that the south side of this block be considered odd/even parking in accordance with Section 346-26 of the City Code and thus need not be added to the Schedules, and that the north side of this block be added to Schedule XII, Parking Prohibited at All Times, and be it further RESOLVED, That the south side of the 600 block of East State Street (described as “from Ferris Place to Quarry Street”) be removed from Schedule XVII, No Standing Certain Hours, and be considered odd/even parking in accordance with Section 346-26 of the City Code and thus need not be added to the Schedules, and be it further RESOLVED, That both sides of the 700 block of East State Street (described as “from Quarry Street to Eddy Street”) be removed from Schedule VXII, No Standing Certain Hours, that the south side of the street be considered odd/even parking in accordance with Section 346-26 of the City Code and thus need not be added to the Schedules, and that the north side of the street be added to Schedule XII, Parking Prohibited at All Times. No action was taken on the resolution at today’s meeting. Approval of Proposed Relocation of University Avenue, Proposed Exchange of Easements for University Avenue, and Proposed Memorandum of Understanding between the City of Ithaca and Cornell University – Resolution (Discussions are underway, a revised version of this resolution may be distributed at the meeting) WHEREAS, according to the Charter and Code of the City of Ithaca (e.g., Sections C-61 and C-71), the Board of Public Works has authority over the City’s streets and sidewalks, including the power to alter them; and WHEREAS, the City of Ithaca and Cornell University have been engaged in discussions, for more than 20 years, about the status and future of University Avenue (and its extension – Forest Home Drive); and WHEREAS, the evidence currently available appears to indicate that the underlying fee title to the land over which a portion of University Avenue (between West Avenue and East Avenue) runs rests with the University; and WHEREAS, regardless of who possesses the fee title, a public right-of-way for highway purposes has long been established in connection with the portion of University Avenue in question; and WHEREAS, the City and the University are not necessarily in agreement as to the specific nature of such public right-of-way, due to questions about the status of the Cortland and Seneca Turnpike, authorized by the NYS legislature in 1812 to be operated along that route, but with no apparent record of having actually been implemented, as well as questions about other historical events and their legal implications; and WHEREAS, actual operation of said Turnpike along this portion of University Avenue apparently would have left the State of New York (and by extension the Town of Ithaca, then the City) in possession of a right-of-way as wide as 66 feet (by statute), as opposed to the common-law “easement-by-user” which would otherwise have arisen and applied to this situation, in that case with a width based on actual public usage (i.e., probably in the range of 25-35 feet); and WHEREAS, in either case, the height of a public right-of-way (across land owned by others) appears to be limited to what would reasonably be required for the safe passage of the vehicles that can typically be expected to use the type of roadway that occupies the right-of-way; and Board of Public Works – September 5, 2007- Page 5 WHEREAS, resolution of such historical questions may not be possible without protracted research and/or legal action, and in fact may never be accomplished with certainty, due to the passage of almost 200 years; and WHEREAS, Cornell University wishes to present for review, by the appropriate City agencies, its proposals for construction of Milstein Hall and the Central Avenue Parking Structure, both of which affect University Avenue or the immediately adjacent area, but neither of which can proceed until issues of site control are settled; and WHEREAS, if these projects go forward, the University is willing to rebuild a portion of University Avenue, and to add to it a bicycle lane and additional sidewalk, all at the University’s sole cost; and WHEREAS, it would be in the interest of both parties to resolve and define, without further delay or costly litigation, the boundaries of the public right-of-way for this portion of University Avenue, and to address related questions concerning the status and maintenance of University Avenue and Forest Home Drive; and WHEREAS, representatives of the City and the University (including the Superintendent of Public Works) have met and discussed how the City’s concerns regarding the maintenance of a safe and effective public thoroughfare can be reconciled with the University’s proposals for Milstein Hall and the Central Avenue Parking Structure (if approved); and WHEREAS, as a result of these negotiations, counsel for the City and the University have together drafted a proposed (revised) Memorandum of Understanding, the essential terms of which are summarized as follows:  To the extent that Milstein Hall and the Parking Structure are approved (by the Planning Board, Landmarks Commission, etc), Cornell agrees to rebuild a portion of University Avenue in proximity to Milstein Hall, at its sole cost.  The BPW agrees to allow Cornell to relocate this portion of the street slightly to the south (by a maximum distance of about 10 feet).  The public right-of-way for that portion of University Avenue between Central Avenue and East Avenue is formally defined (as to its width, height, depth and general location – post-Milstein), and the parties agree to set this forth in a written easement. The public right-of-way (post-realignment) will be sufficiently wide to accommodate:  Two traffic lanes, totaling 22 feet.  A bicycle lane (on the southerly, uphill side) at least 5 feet wide.  Curbs on both sides.  A setback of at least 2 feet between the north curb and any supporting columns for Milstein Hall.  A sidewalk on the north side at least 6 feet wide (and located north of the columns), plus, outside of the Milstein Hall/Foundry area, a 3-foot-wide curb lawn (which the City would have to construct).  The minimum height of the easement will be 14 feet 8 inches beneath the proposed Milstein Hall.  The City will release its claim to any existing right-of-way that lies outside of these defined boundaries (subject to #12, below).  Cornell will retain sole ownership and control of the land (and air space) upon which the columns for Milstein Hall are located.  Cornell will pay for the relocation of any City utilities in the University Avenue corridor that is necessitated by the street realignment or rebuild.  If, in the future, the City incurs extra cost for the repair or maintenance of University Avenue (or the utilities beneath it), due to location of Milstein Hall above it, or due to the location of the below-grade portions of the Parking Structure, in proximity to it, Cornell will reimburse the City for those costs. A neutral mechanism for resolving whether such costs are in fact attributable to Cornell is included. Also, Cornell will indemnify the City Board of Public Works – September 5, 2007- Page 6 against any 3rd-party damage claims arising out of the spanning of the roadway by Milstein Hall (e.g., as a result of a vehicular collision with a supporting column).  Any temporary closure of University Avenue necessitated by the construction of Milstein Hall or the Central Avenue Parking Structure will be subject to a plan worked out in advance by the City and Cornell. Any such (full) closure would be limited to a period of 17 months for Milstein, and 15 months for the Parking Structure. The cost of maintaining a detour during the closure would be borne by Cornell.  The parties agree to continue to meet to discuss and negotiate a possible turn-over of the on-campus portion of University Avenue (and Forest Home Drive) to Cornell (which would relieve the City of responsibility for maintenance of the badly-deteriorated road), and ways to improve bicycle and pedestrian safety and accommodation, with a target date of December 31, 2007, for completing such discussions.  In the event that further research shows definitively that the City, by virtue of a grant of underlying fee title or right-of-way with stated width, holds a right-of-way greater than is set forth in the MOU, the City would not be precluded from asserting such a right, provided it did so within 4 months, after which submission Cornell would have up to 2 months to submit a rebuttal and/or to enter into negotiations with the City for purchase of the rights needed to construct Milstein Hall and/or the Parking Structure. now therefore be it RESOLVED, That the Board of Public Works, in its capacity as overseer of the City’s streets and sidewalks, hereby approves of the relocation of a portion of University Avenue (a City street), as proposed by Cornell University and as illustrated in the attached conceptual drawing (“Exhibit A – University Avenue Re-Alignment”), dated July 5, 2007; and be it further RESOLVED, That the Board hereby approves of the exchange of easements intended to define and codify the width and height of the public right-of-way associated with that portion of University Avenue between Central Avenue and East Avenue, as described in the proposed Memorandum of Understanding between the City of Ithaca and Cornell University (“Draft (as revised through August 15, 2007)”) and authorizes the Mayor, upon review by the City Attorney, to execute any and all documents necessary to implement such exchange; and be it further RESOLVED, That the Board hereby approves the proposed Memorandum of Understanding, between the Board of Public Works of the City of Ithaca and Cornell University, regarding University Avenue (“Draft (as revised through August 15, 2007)”) and authorizes the Mayor, upon review by the City Attorney, to execute the same; and be it further RESOLVED, That the foregoing approvals by the Board are not intended to preclude any other involved City agency from carrying out its required review of the proposals by Cornell University to relocate University Avenue or to construct Milstein Hall or the Central Avenue Parking Structure. The following Cornell University staff were present at the meeting to participate in the discussion of this topic: Shirley Egan, Associate Counsel David Cutter, Landscape Architect Andrew Magre, Architect City Attorney Hoffman explained that the Board last discussed this item at their August 15, 2007 meeting. He stated since then the Board took a field trip to the proposed project site and University staff showed them revised plans. He further stated that University Staff and City staff resumed discussions about Forest Home Drive and University Avenue and that Commissioners Chapman and Tripp were included in those Board of Public Works – September 5, 2007- Page 7 meetings as well. He further explained that the University has revised its plans to include rebuilding additional sections of University Avenue to accommodate the proposed re-alignment of the street to meet the needs of the project. He stated that the University revised the layout of the proposed structures to include additional room for a sidewalk and snow removal needs, pending normal preferences the Planning Board might require for landscaping in the project area during their review of the plans. He further stated that the Board should let the Planning Board know any recommendations that they may have for the area as well. The bike lane may be able to continue eastbound on University Avenue beyond Milstein Hall to Central Avenue, and then to West Avenue, but will need further review to see if it could be accommodated. He also explained that a revised Memorandum of Understanding (MOU) had been written which was distributed to the Board at the beginning of today’s meeting. The revised MOU increases the substance of the intent of both parties on issues that need to be addressed. Cornell Counsel Egan addressed the Board to explain that right after the Board’s site visit, their architects arrived in town and were able to incorporate the recommendations that the Board had into revised drawings which she brought to today’s meeting. She asked for the Board’s permission to have Mr. Cutting show and explain the drawings to them. Mr. Cutting displayed the drawings and explained the proposed new areas for a side walk and snow storage. Mayor Peterson left the meeting at 6:05 p.m. Vice Chair Dotson assumed the role of Chair of the meeting at this point. Discussion followed on the floor regarding proposed pedestrian movements across the arts quad and other areas near the proposed project. City Attorney Hoffman asked the Board for their input on how they felt about voting on this item at their next meeting, scheduled for September 12, 2007, now that they have the revised language in the MOU and the revised drawings. Commissioner Tripp stated that she would like to move forward with this item but she would like to have the question of ownership of the street resolved. She would also like the University to pay for the rebuilding of the street as well as pay the City for the use of it for their proposed buildings. She further stated that she is pretty close to supporting their request, but would like the City Attorney’s input on what is needed to get a commitment from the University for these items. City Attorney Hoffman stated that he is not in a position to be a policy maker for the City. He stated that the question of who is paying for what is still unresolved. He stated that the University had proposed at one point a 50/50 sharing of the cost; the Mayor would like to see the University pay for 100% of the cost; however, no offers have been made at this point. He further stated that the framework has now been laid for the proposed project and the focus needs to be on the cost sharing aspects. Commissioner Schlather stated that the idea of a global solution to the issues is a good one and is a move in the right direction. He further stated that his personal view of the matter is that he will not be satisfied until the right-of-way is wide enough to accommodate all possible types of public uses in the future. He further stated that he does not feel the City should settle for anything less than forty-nine feet for long term right-of-way uses and it ought to be taken care of now. He explained that part of the bank stabilization that is needed in this area is because the City allowed the property owner to put a road on the south side and it created a self-made hardship. He knows the general sense of the Board is to make this proposal work, but he is not sure that abandoning the road is the way to go. He suggested that a license agreement could attain the same thing similar to other agreements with people for use of the public right- of-way. He encouraged the City to work towards further negotiation to resolve all these issues. Board of Public Works – September 5, 2007- Page 8 Commissioner Chapman stated that he was at the meeting with University staff and currently the proposal is within a few feet for the size of the right-of-way needed. He further stated that it was just brought to the City’s attention that this area has been given a “recreational river status” which requires the State to also sign off on any permits that might be issued for this area and that will also trigger further discussions to meet those requirements. Cornell Counsel Egan stated that Fall Creek has been designated a “Recreational River” and any changes that encroach there require a permit. She further stated that given there is a retaining wall in the area and has been in the past, the argument that the area might be “grandfathered” could be made to move forward in extending that wall, but that won’t be known until the request is made. She stated that access to the recreational river area must be preserved. The recreational river rules may allow maintenance of what is already there, but it needs to be determined how to do this. She stated that she can’t guarantee that the University can find the additional space to meet the request to provide a complete right-of-way and the cost associated with any request may be prohibitive. City Attorney Hoffman reported that the City’s file on the Recreational River dates to 1990 where Common Council designated the Planning Board as the local body that administers the recreational river area. However, since the Department of Environmental Conservation is involved it may have to go through both entities. He further stated that if the local entity has the role to administer, it is supposed to adopt a plan and the City of Ithaca never adopted a plan and he is not sure what that means in this case. Commissioner Wykstra stated that it was his recollection that the Recreational Plan for the recreational river area was to protect it from any type of use for hydropower. DAC Liaison Roberts requested that language in the MOU regarding pedestrian access have the phrase “with and without disabilities” added to it to accommodate accessibility needs for all pedestrians. City Attorney Hoffman explained that the MOU that is before the Board deals with the area of University Avenue that involves the proposed Milstein Hall/Parking Structure, and not the long term issue of ownership of that section of the road, except that it sets forth those long term issues as needing to be addressed in the future. Commissioner Schlather stated that he feels the entire issue before the Board should be resolved before any vote is taken or it would be doing a dis-service to the Board and to the public. He further stated that he appreciates the time that the sub-committee has put into this issue. Commissioner Tripp suggested that the MOU be approved contingent upon some agreement in the future as to resolving the question of ownership. Cornell Counsel Egan explained that the University made their intentions for this proposal clear to the City and has had an application pending to the Planning Board since April 2007. She stated that costs for the project increase the longer it takes to make a decision. She further stated that the University made a good faith effort in the current MOU to provide an abundance of safe guards for future uses and get the road into much better condition than it is currently with the possibility of additional room for increased right-of-way for the City that doesn’t exist right now. She explained that this proposal offers a huge benefit to the community of an improved road with amenities. Commissioner Jenkins stated that she supports Commissioner Schlather and feels that the whole proposal should be voted on at once and that the issue of ownership and the right-of-way needs to be resolved before a vote is done. Board of Public Works – September 5, 2007- Page 9 Vice Chair Dotson stated that she is not clear what direction the Board would like to take and asked if they felt more small group work needed to be done to resolve some of the outstanding issues. She further stated that time was running out for discussion at today’s meeting and asked if the Board would like to continue the discussion at next week’s meeting. Commissioner Tripp stated that she would support a vote being taken next week. Commissioner Schlather stated that he was not adverse to voting at next week’s meeting as long as the global issue is resolved. CREEKS, BRIDGES, AND PARKS: Waiver of Pavilion Fee at Stewart Park for Employee Picnic – Resolution By Commissioner Schlather: Seconded by Commissioner Wykstra WHEREAS, the Board of Public Works has received a request from the City’s Picnic Committee to waive the pavilion fee at Stewart Park for the City of Ithaca Employee Recognition Picnic on Friday, September 21, 2007, now therefore, be it RESOLVED, That the Board of Public Works approves waiving the fee for the use of the large pavilion at Stewart Park for the City of Ithaca Employee Recognition Picnic on September 21, 2007. Ayes (5) Jenkins, Chapman, Schlather, Tripp, Wykstra Nays (1) Dotson Abstentions (0) Carried WATER AND SEWER Award of Bids for Water Pipe & Appurtenances – Resolution By Commissioner Schlather: Seconded by Commissioner Tripp WHEREAS, bids were received on August 28, 2007 for Water Pipe and Appurtenances to be used for the Southwest Area Water Improvements Capital Project (CP 512), and WHEREAS, the bid package included four separate bid items as follows: Bid-1: 12” Ductile Iron Pipe, Bid-2: Compact Ductile Iron Fittings for Water Service, Bid-3: Hydrants, Bid-4: Gate Valves, each to be awarded separately, and WHEREAS, staff has reviewed the six bids received and made recommendations for award, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards Bid-1: 12” Ductile Iron Water Pipe, Bid-3: Hydrants, and Bid-4: Gate Valves to Vellano Bros., Inc of Vestal, New York, for their low bid meeting specifications of $81,794.28, and, be it further RESOLVED, That the City of Ithaca Board of Public Works hereby awards Bid-2: Ductile Iron MJ Compact Fittings to Martisco Corp. of Liverpool, New York, for their low bid meeting specifications of $8,696.55. Carried Unanimously TCDog Composting Contract – Update by the City Attorney’s Office: City Attorney Hoffman reported to the Board that the contractor has notified the City that the special bags needed to dispose of the dog waste cost between $800 to $1,000 and are not included in the initial cost estimate for this program. He asked the Board if they wanted TCDog to pay for the full cost of this additional expense or whether the City should. The Board members agreed that TCDog should pay to cover the additional cost of providing the special bags for dog waste at the temporary off-leash dog area. Board of Public Works – September 5, 2007- Page 10 ADJOURNMENT On a motion the meeting adjourned at 6:55 p.m. Sarah L. Myers Carolyn K. Peterson Information Management Specialist Mayor