HomeMy WebLinkAboutMN-BPW-2007-09-12BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. September 12, 2007
PRESENT:
Mayor Peterson
Commissioners (6) - Jenkins, Dotson, Chapman, Schlather, Tripp, Wykstra
OTHERS PRESENT:
City Attorney - Hoffman
Deputy City Controller - Andrew
Superintendent of Public Works - Gray
Assistant Superintendent of Streets and Facilities - Ferrel
Assistant Superintendent of Water and Sewer – Whitney
Common Council Liaison – Coles
Information Management Specialist - Myers
EXCUSED:
DAC Liaison – Roberts
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 August 2, 2006 Board of Public Works Meeting-
Resolution
By Commissioner Schlather: Seconded by Commissioner Dotson
RESOLVED, That the Minutes of the August 2, 2006 Board of Public Works meeting be
approved as published.
Carried Unanimously
Approval of the Minutes of the August 16, 2006 Board of Public Works Meeting-
Resolution
By Commissioner Schlather: Seconded by Commissioner Wykstra
RESOLVED, That the Minutes of the August 16, 2006 Board of Public Works meeting
be approved with noted corrections.
Carried Unanimously
Approval of the Minutes of the September 6, 2006 Board of Public Works Meeting-
Resolution
By Commissioner Schlather: Seconded by Commissioner Dotson
RESOLVED, That the Minutes of the September 6, 2006 Board of Public Works
meeting be approved as published.
Carried Unanimously
Approval of the Minutes of the September 20, 2006 Board of Public Works
Meeting- Resolution
By Commissioner Schlather: Seconded by Commissioner Dotson
RESOLVED, That the Minutes of the September 20, 2006 Board of Public Works
meeting be approved as published.
Carried Unanimously
Approval of the Minutes of the October 4, 2006 Board of Public Works Meeting-
Resolution
By Commissioner Schlather: Seconded by Commissioner Wykstra
RESOLVED, That the Minutes of the October 4, 2006 Board of Public Works meeting
be approved with noted corrections.
Carried Unanimously
Board of Public Works – September 12, 2007- Page 2
Approval of the Minutes of the October 18, 2006 Board of Public Works Meeting-
Resolution
By Commissioner Schlather: Seconded by Commissioner Dotson
RESOLVED, That the Minutes of the October 18, 2006 Board of Public Works meeting
be approved as published.
Carried Unanimously
Approval of the Minutes of the November 1, 2006 Board of Public Works Meeting-
Resolution
By Commissioner Schlather: Seconded by Commissioner Dotson
RESOLVED, That the Minutes of the November 1, 2006 Board of Public Works meeting
be approved with noted corrections.
Carried Unanimously
Approval of the Minutes of the December 6, 2006 Board of Public Works Meeting-
Resolution
By Commissioner Schlather: Seconded by Commissioner Jenkins
RESOLVED, That the Minutes of the December 6, 2006 Board of Public Works meeting
be approved as published.
Carried Unanimously
Approval of the Minutes of the December 13, 2006 Board of Public Works
Meeting- Resolution
By Commissioner Schlather: Seconded by Commissioner Wykstra
RESOLVED, That the Minutes of the December 13, 2006 Board of Public Works
meeting be approved as published.
Carried Unanimously
MAYOR'S COMMUNICATIONS:
Mayor Peterson stated that she would like to have an update on the road work being
done in the City as time allows at the end of the meeting.
COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
Pat Carlson, City of Ithaca, thanked the Board for their consideration of her appeal and
requested that the city’s tree experts be vigilant in the next year or so evaluating this
tree for its structural soundness and health.
RESPONSE TO THE PUBLIC
Superintendent Gray stated that regular assessments of the tree at 407 North Aurora
Street would take place and that if damage was done to the tree by the trimming and
pruning work or the repair of the sidewalk it would show up within the next year.
HIGHWAYS, STREETS, AND SIDEWALKS:
Tree Removal Appeal for 407 North Aurora Street – Resolution
By Commissioner Dotson: Seconded by Commissioner Jenkins
WHEREAS, the property owners (Mr. and Mrs. Carlson) of 407 North Aurora Street
have requested permission from the City of Ithaca to have the mature black maple tree
located in the City’s right of way in front of their home removed and,
WHEREAS, the City Forester and Shade Tree Advisory Committee have inspected the
tree and found it to be a significant City asset, and not found it to be defective and,
WHEREAS, the City Forester has denied the request to remove the tree and,
WHEREAS, Mr. and Mrs. Carlson have appealed to the decision of the City Forrester to
the Board of Public Works and,
WHEREAS, this tree is one of two black maple trees (Acer nigrum) in the City street
tree inventory and,
WHEREAS, the removal of this tree would be a significant loss to the City of Ithaca’s
urban forest and,
Board of Public Works – September 12, 2007- Page 3
WHEREAS, the Board of Public Works, after careful consideration, has decided not to
direct the removal of the tree at this time, now therefore be it
RESOLVED, That the Board of Public Works directs the Department of Public Works
Streets and Facilities Division to prune the tree sufficiently to remove branches from
overhanging the house and porch located at 407 North Aurora Street and to more
evenly balance the tree canopy and, be it further
RESOLVED, That the Board of Public Works directs the staff of the Streets and
Facilities Department to repair and restore the sidewalk near the tree to a safe condition
at no cost to the property owners under the current informal policy of relieving individual
property owners for the cost of sidewalk repairs associated with street trees.
Discussion followed on the floor regarding regular inspection of this tree as well as trees
in the city for their health and structural soundness. The City Forester or his staff is
contacted when any repair work might endanger the health and well-being of trees in
the work area to get direction as to the best way to preserve the tree.
A Vote on the Resolution resulted as follows:
Carried Unanimously
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
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
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
Board of Public Works – September 12, 2007- Page 4
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 (attached;
dated 8/15/07), 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
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).
Board of Public Works – September 12, 2007- Page 5
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, Cornell University Associate Counsel
David Cutter, Landscape Architect
Andrew Magre, Architect
John Kiefer, Planning, Design, and Construction Director
Ms. Egan thanked the Board for inviting Cornell staff back to another meeting. She
stated that this has been a very complicated matter with many dimensions and that the
City and the University have the same objectives for the project including pedestrian
safety and access, and State approval for programs. She explained that it is urgent that
the architectural school buildings get updated. She reported that the cost of
construction escalates with every month of delay that amounts to approximately
$100,000 per month. Cornell University officials project the construction of this project
beginning late Spring 2008 following environmental review and Ithaca Landmarks
Preservation Commission review. She stated that the University is very interested in
Board of Public Works – September 12, 2007- Page 6
resuming discussions on the final disposition of University Avenue. She explained that
University officials felt that the City wanted the global aspect of University Avenue to be
settled more than meeting State accreditation for their programs. In order to do this
many complicated issues would need to be resolved. Following the last discussion with
the Board, Cornell officials took a long look at their plan and their original architectural
design that included a cantilever. A cantilever would be a much more expensive
alternative, but would not require columns or the re-alignment of University Avenue and
would allow for more vertical and horizontal clearance. She stated that when the
University faced the realities of costs and various requirements, they felt obstacles
might still be encountered and that building the cantilever seemed less difficult. She
further stated that based on conversations with University officials they have decided to
pursue the original design that includes a cantilever and requested that the City put on
hold discussions of a memorandum of understanding regarding University Avenue.
She further stated that the University would like to discuss the right-of-way for University
Avenue soon and come back to the Board in the future to determine ownership of the
road. She extended her thanks on behalf of the University to the Board for the courtesy
and dedication shown by the City to Cornell University on this request. She applauded
the Board’s dedication, commitment, and attendance at these meetings to work on this
item. She stated that this option will result in superior architectural work and design for
the University and will meet the City of Ithaca’s need to maintain the public’s assets.
She thanked the Board again for their time.
Commissioner Schlather thanked Ms. Egan for her professional work and research on
this project which made it much easier for the Board to do its work.
Discussion followed on the floor regarding what the Board should be prepared for with
the new proposal to use a cantilever since it will need to pass over the City’s right-of-
way and what air rights might need to be determined. A time line should be established
for the Board since they have a lot of work coming up that will involve in-depth review
and should be prioritized appropriately.
Mayor Peterson explained that the disposition of University Avenue would still need to
be determined and needs further work. She stated that the meetings that had been
taking place between the University and the City would need to continue since the road
is in bad condition and needs to be repaired. She further stated that she would
appreciate it if Commissioners Chapman and Tripp would consider continuing on that
sub-committee to work on resolving these issues.
Superintendent Gray stated that the University is describing the new proposal with the
cantilever as something they can do although the cost of the project will increase
significantly. He stated that if the City were trying to strike a balance and have the
street re-built, this is not the best way to do it. The money that the University will be
putting into the design and construction of the cantilever is significant and if they can do
this they may never approach the City again with an offer to share the cost of re-building
the road. He asked the Board if they were sure that they wanted to pursue this course of
action.
Mayor Peterson stated that Cornell’s proposal for the cantilever design sounded pretty
definite that would make this change in their plan. She further stated that she had
intended to go around the table today to get individual Board member’s thoughts on
whether a vote could be taken on the MOU at next week’s meeting, however, that is no
longer the case because of the design change.
Ms. Egan stated that this directive had come from the Administration at Cornell and they
have decided to pursue a different direction for this project. She stated that the
University intends to spend resources on making improvements to University Avenue.
This new design will give them flexibility to meet both parties’ needs. She further stated
that she had just been advised of this decision today. The decision was not an easy one
and would not have been proposed if it did not result in a win/win for both parties. The
University hopes to gain speed and flexibility with this change and knows that the good
will between both parties still needs to be grown. They realize that both parties will gain
much more by working cooperatively together. She explained that it had been difficult
for the University to meet State requirements for accreditation for this highly recognized
architectural program and it would be a shame to lose that accreditation by not being
able to have a new building for the program.
Board of Public Works – September 12, 2007- Page 7
Mayor Peterson and Superintendent Gray thanked Ms. Egan for her hard work and
cooperation in working with the City to resolve this issue.
Commissioner Schlather stated that the Board should have the discussion regarding the
ownership and right-of-way of University Avenue sooner rather than later. He also
stated that he is satisfied that the public resource has been preserved in this case.
State Street Uphill Bicycle Lane Update:
Superintendent Gray reported that Traffic Engineer Logue is prepared to work on
notification to the media and neighbors of this proposal and schedule a public hearing
for the Board as well. The Board directed Traffic Engineer Logue to proceed with those
plans and to report back as needed to them.
CREEKS, BRIDGES, AND PARKS:
Dog Park Waste Composting Contract - Update
City Attorney Hoffman reported that he had submitted a draft agreement to Mark
Whitted, the contractor for this service, for review. The contractor informed him that he
does not provide the special dog waste bags required for composting. City Attorney
Hoffman explained that the City would need to provide the bags at an estimated cost of
$800 to $1,000. City Attorney Hoffman stated that TCDog had offered $3,000 to set up
this contract and that amount would cover the cost of the contract as well as the bags at
no additional cost.
Discussion followed on the floor regarding the additional cost for bags, the status of the
temporary off-leash dog area and what future plans may be.
City Attorney Hoffman explained that the temporary off-leash dog area is in place only
until December 1, 2007, however, dog activities would still occur in that area which will
require bags to dispose of their waste.
Mayor Peterson stated that the area would revert back to an area that will require dogs
to be on leashes unless Council decides otherwise.
City Attorney Hoffman will proceed with the agreement with the contractor.
WATER AND SEWER:
Water Source Scoping Document – Discussion of Public and Agency Comments,
possible Power to Act on September 19, 2007
Rick Gell and Steve Eckler from O’Brien and Gere were present at the meeting to
participate in the discussion and to explain how to read the tables they had prepared
that contained public comments.
Extensive discussion followed on the floor on how to decide what comments should be
included in the environmental scoping document and the objectives of today’s meeting.
The Board reviewed the first few pages of table 2 indicating which of those items to
include in the scoping document. Further review and selection of additional items to
include in the scoping document will continue at the Board’s next meeting.
Power to Act:
By Commissioner Dotson: Seconded by Commissioner Tripp
RESOLVED, That the Board grant itself Power to Act on the Draft Environmental
Scoping Document at either their September 19, 2007 or October 3, 2007 meeting.
Superintendent Gray suggested that O’Brien and Gere produce a red-lined document to
give to the Board at their next meeting along with all the public comments that were
received to assist them in their review and placement of appropriate items on the list for
the final scoping document.
Board of Public Works – September 12, 2007- Page 8
Mayor Peterson suggested that the Board finish their discussion of what items should
be flagged for the scoping document at their September 19, 2007 meeting, and then
vote on the document at their October 3, 2007 meeting.
Commissioner Schlather stated that he would not be able to get to the meeting on
September 19, 2007 until 6 p.m. because he would be in court.
Commissioner Chapman stated that he would be away the first two weeks of October.
A vote on the Resolution resulted as follows:
Carried Unanimously
ADMINISTRATION AND COMMUNICATIONS:
2008 Streets & Facilities Budget – Update
Time did not allow for this item to be discussed at today’s meeting.
ADJOURNMENT
On a motion the meeting adjourned at 7:00 p.m.
Sarah L. Myers Carolyn K. Peterson
Information Management Specialist Mayor