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HomeMy WebLinkAboutMN-BPW-2007-12-19 BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 5:05 p.m. December 19, 2007 PRESENT: Mayor Peterson Commissioners (5) - Jenkins, 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 DAC Liaison – Roberts Executive Assitant – Myers Director of Planning and Development – Van Cort Traffic Systems Engineer - Logue EXCUSED: Common Council Liaison – Coles Pledge of Allegiance Mayor Peterson led all present in the Pledge of Allegiance to the American flag. Due to the lack of a quorum voting items were moved further down the agenda. Communications and hearings from persons before the Board Alan Pedersen, Tompkins County, addressed the Board regarding the proposed parking fees for Inlet Island. He stated he was in opposition to any implementation of paid parking in the area due to the promise of free parking provided by the City as part of development and construction of Inlet Island Health and Fitness. Joe Perry, Town of Lansing, addressed the Board regarding the proposed parking fees for Inlet Island. He stated that the businesses on Inlet Island currently work together with shared parking and that implementation of any metered or paid parking would ruin the cooperation between businesses and could ruin some of the businesses. He stated that Chemung Canal Trust has been very open to this shared parking structure but would be forced to abandon this practice with installation of metered parking. He stated he was strongly in opposition to the resolution before the Board at this meeting. Paul Carubia and Kimberly Hemphill of Castaways, City of Ithaca, addressed the Board regarding the proposed parking fees for Inlet Island. Both stated that they were strongly in support of the petition for 2-hour and 24-hour parking signage but opposed to the resolution before the Board. Commissioner Chapman arrived at 5:15 pm. (Quorum Achieved) Steve Flash, City of Ithaca, addressed the Board regarding the proposed parking fees for Inlet Island. He stated that through his involvement with different developments on Inlet Island he had understood that the City was in favor of the current shared parking system and was not going to upset the delicate balance that currently exists by implementing any fee parking system. He further stated that any fee parking system would cause parking wars between the businesses. Claudia Georgia, City of Ithaca, addressed the Board regarding the traffic patterns of the 400 Block of Spencer Road. She stated that recently a mini traffic circle had been in place for about three days and it had worked very well, She stated that the circle made it much safer for pedestrians and she would like to see it put back and the other traffic congestion problems that exist in the area addressed as well. December 19, 2007 Board of Public Works Voting Meeting Page 2 Shirley Egan, City of Ithaca, addressed the Board regarding the University Avenue resolution. She stated that the resolution before the Board is flawed and fails to back up its points with facts. She further stated that it is not written as a legal opinion and would be too open for interpretation. She further stated that if this resolution is passed she sees it as a set back on the good faith negotiations the City is currently involved in with Cornell University. Phil Aubin of Castaways, City of Ithaca, addressed the Board regarding the proposed parking fees for Inlet Island. He stated that he has invested a lot of his own money into the area which has been steadily improving its image for the last decade. He further stated that any change in the parking system, beyond the petition for signage, will counter any growth the area has seen. Response to Public Commissioner Tripp responded to the public stating that she found it very helpful to have so much input on the parking situation on Inlet Island. Public Hearing on Collegetown Special Benefit Assessment District Resolution to Open Public Hearing: By Commissioner Tripp; Seconded by Commissioner Wykstra RESOLVED, That the public hearing to accept the Collegetown Special Benefit Assessment District charges be declared open. Carried Unanimously There was no one present to speak at the public hearing. Resolution to Close Public Hearing: By Commissioner Tripp; Seconded by Commissioner Jenkins RESOLVED, That the public hearing to accept the Collegetown Special Benefit Assessment District charges be declared closed. Carried Unanimously Collegetown Special Benefit Assessment District: By Commissioner Wykstra; Seconded by Commissioner Tripp RESOLVED, That the Board of Public Works accepts the Collegetown Special Benefit Assessment District charges for 2008, and be it further RESOLVED, That the City Chamberlain be requested to make the billing at the appropriate time. Carried Unanimously Inlet Island Parking – Resolution To Amend the Vehicle and Traffic Schedules in Regard to Parking on Taughannock Boulevard and to Establish Parking Regulations for Off-Street Parking for Portions of Inlet Island Traffic Systems Engineer Logue recapped the previous meeting’s discussion on the petition for 2-hour and 24-hour parking signage on Inlet Island. Supt. Gray stated that the use of parking meters makes regulation and enforcement easier in areas that are unstable or experiencing a growing need for parking. He stated that the meters allow for better figures on parking demand. Director of Planning and Development Van Cort reported that Inlet Island has been undergoing redevelopment for the last 30 year and that the goal of shared parking has been fairly successful and illustrates strong cooperation between public and private entities. He stated that this shared parking relies on the City to provide free parking, which has been supported by the Planning department all along. He stated that charging for parking would kill the businesses on the Island, which have just started to grow and develop. He expressed concern over the miscommunication between the Planning Department and the Department of Public Works and recommended that the Board and the DPW engage in dialog with the businesses on Inlet Island. December 19, 2007 Board of Public Works Voting Meeting Page 3 Discussion followed regarding the ownership and City rights to regulate parking of the various small and large lots on Inlet Island. Further discussion followed regarding the original discussion at the December 5, 2007 meeting and the points brought up by the public. Commissioner Schlather arrived at 6:00 pm. DAC Liason Roberts left the meeting at 6:00 pm. Traffic Systems Engineer Logue distributed the original resolution brought before the Board at the December 5, 2007 Meeting. Resolution To Amend the Vehicle and Traffic Schedules in Regard to Parking on Taughannock Boulevard and to Establish Parking Regulations for Off-Street Parking for Portions of Inlet Island By Commissioner Tripp; Seconded by Commissioner Wykstra WHEREAS, the City of Ithaca has received a petition requesting on-street parking on Inlet Island to be posted for 2-hour parking, that all parking in the small triangular lot be posted as 2-hour parking, and all parking within the new parking lot adjacent to the Route 89 bridge be posted as 24-hour parking, 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 authorized by the City Charter to regulate these two parking lots as public properties owned by the City of Ithaca, and WHEREAS, the Board of Public Works is in agreement with these amendments to the Schedules, now therefore be it RESOLVED, That Schedule XII, Parking Prohibited at All Times, be amended to delete the struck through entries below with the following: Name of Street Side Location Taughannock Boulevard Both From Buffalo Street to the city boundary Line Taughannock West 200 Block Taughannock Blvd Both From W. State Street to Seneca Street Taughannock Blvd West From Seneca Street to City Line Taughannock Blvd East Old Taughannock Blvd to City Line and be it further RESOLVED, That Schedule XVIII, Time Limit Parking, be amended to replace the struck through entries below with the following: Name of Street Side Time Limit; Location Hours/Days Taughannock Boulevard East 2 hour; All From Buffalo Street to south side of bridge Taughannock Boulevard East 2 hr; All/All From State Street to December 19, 2007 Board of Public Works Voting Meeting Page 4 the Lehigh Valley Railroad Freight Station Taughannock Boulevard West 2 hr; All/All From Buffalo Street to Seneca Street Taughannock Blvd East 2 hr; All/All From Seneca Street to Old Taughannock Blvd and be it further RESOLVED, That the small triangular parking lot, which is just east of the intersection of Taughannock Blvd (NYS Route 89) and Old Taughannock Blvd, be posted as two (2) hour parking by the Department of Public Works, and be it further RESOLVED, That the parking lot north of Route 89 and west of Old Taughannock Blvd, be posted as twenty-four (24) hour parking by the Department of Public Works. Commissioner Schalther stated that he was not prepared to vote on this item until the January meeting when he would have time to review the public comments from the beginning of the meeting. Amending Resolution By Commissioner Tripp; Seconded by Commissioner Wykstra RESOLVED, That the third WHEREAS clause be deleted from the resolution. Carried 4-0-1( Commissioner Schlather abstained) Amending Resolution By Commissioner Tripp; Seconded by Commissioner Jenkins RESOLVED, That a third Resolved clause be added and shall read as follows: “RESOLVED, That these changes be evaluated by March of 2008”. Mayor Peterson and Commissioner Wykatra expressed concern that a evaluation deadline of March 2008 could be too soon. Failed 3-2-1 In Favor: Tripp, Jenkins, Chapman Opposed: Wykstra, Peterson Abstentions: Schlather Vote on the Main Resolution as Amended Carried 5-0-1 (Commissioner Schlather abstained) University Avenue Resolution By Commissioner Schlather; Seconded by Commissioner Jenkins WHEREAS, in the context of a pending application for a building permit to construct Millstein Hall on the Cornell University campus, the City Attorney has rendered recent written opinions concerning the rights of the public in and to the road more commonly known as University Avenue as it runs between Central Avenue and East Avenue in the City of Ithaca, which written opinions include most notably a document entitled "Outline of City Attorney's Opinion on Millstein Hall/University Avenue 9/19/07" and a letter to the City of Ithaca Planning and Development Board dated September 25, 2007; and December 19, 2007 Board of Public Works Voting Meeting Page 5 WHEREAS, the Board of Public Works is charged by law, including the Ithaca City Charter Section C-71 and Section C-61, "to have control" of the City streets and sidewalks, and to "prevent the encumbering and obstruction" of the City streets and highways "in any manner"; and WHEREAS, the Board of Public Works recognizes that the opinion of the City Attorney is advisory only, and is not binding on the Board of Public Works and cannot limit the authority of the Board of Public Works with respect to its fiduciary obligation to the public under the Ithaca City Charter and related laws; and WHEREAS, regardless of any action taken by other City agencies or boards in reliance upon the opinion of the City Attorney, the Board of Public Works will not surrender or otherwise suffer the diminution of the rights of the public in and to University Avenue as it runs between Central Avenue and East Avenue as heretofore have existed; therefore be it RESOLVED ,That the Board of Public Works, as custodian of the public streets, highways and sidewalks of the City of Ithaca, does not accept the opinion of the City Attorney to the extent that the same states or implies that the City's property interest in University Avenue as it runs between Central Avenue and East Avenue is limited to a public right-of-way of a specified width and height as more fully set forth in the aforesaid written opinion(s), or otherwise concedes to the adjacent landowner property interests that are greater than what has existed heretofore; and be it further RESOLVED, That the Board of Public Works reiterates and asserts for the benefit of the public, both now and in futuro, ownership by the City of Ithaca of such property rights as heretofore existed in that portion of University Avenue that runs between Central Avenue and East Avenue in the City of Ithaca. Shirley Egan, Cornell University, restated her above opinions of the resolution for Commissioner Schlather. Discussion followed on the floor regarding the wording of the resolution and the connotation it gives to the professional abilities of the City Attorney. Commissioner Schlather stated that he was willing to make compromises on the language of the resolution but would not compromise on the original goal which was to make it clear in the records that at this time the City did not surrender any of its previous rights in the public right-of way to Cornell University. City Attorney Hoffman requested that if the resolution is passed it should reflect accurate dates and titles of his memorandums. Commissioner Schlather recommended several changes to the resolution. Mayor Peterson stated that due to many problems that have arisen in attempts to compose minutes for both Board meetings and Common Council meetings she was considering proposing a rule that required all amendments to resolutions to be submitted in writing at the meetings. She stated that due to the nature of this resolution she was not comfortable with so many changes taking place on the floor and that she would prefer that the Board take a vote on the proposed resolution or table it until a later date. The Board was in agreement that the resolution should be tabled and action postponed until the resolution could be revised to reflect the true intent of the resolution without the negative connotation it provides for City Attorney Hoffman’s professional abilities. Motion to Table By Commissioner Schlather, Seconded by Commissioner Tripp RESOLVED, That the University Avenue resolution be tabled to the January 2, 2008 Committee of the Whole meeting. Carried December 19, 2007 Board of Public Works Voting Meeting Page 6 5-1-0 Mayor Peterson opposed Power to Act By Commissioner Schlather; Seconded by Commissioner Tripp RESOLVED, That the Board grant itself Power to Act on the University Avenue Resolution at the January 2, 2008 meeting. Carried 5-1-0 Mayor Peterson opposed East State Street Bicycle Lane – Resolution To Amend 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 By Commissioner Schlather; Seconded by Commissioner Tripp 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 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. Carried Unanimously December 19, 2007 Board of Public Works Voting Meeting Page 7 First Chinese Christian Church Handicapped Parking Request – Resolution To Deny a Request for Handicapped Parking on Elwood Avenue By Commissioner Wykstra; Seconded by Commissioner Tripp WHEREAS, the Board of Public Works has received a petition from the First Ithaca Chinese Christian Church for two on-street handicapped parking spaces on Elmwood Avenue near the intersection with Mitchell Street, and WHEREAS, there is currently no sidewalk along this section of Elmwood Avenue making the two requested parking spaces less than accessible for people with disabilities, and WHEREAS, there are currently two parking spaces for people with disabilities less than a block away in front of the Belle Sherman Elementary School, and WHEREAS, the City Transportation Engineer and the principal of the elementary school report that the two existing spaces are not regularly used, now therefore be it RESOLVED, That the Board of Public Works hereby denies the request for on-street handicapped parking spaces on Elmwood Avenue near the intersection with Mitchell Street, and be it further, RESOLVED, That should sidewalk be constructed along this section of Elmwood Avenue, the Board of Public Works would be willing to reconsider the request. Carried Unanimously Handicapped Parking Request for the 200 Block of North Aurora Street Commissioner Schlather stated that he had been informed that the Town of Ithaca was concerned about a City proposal regarding parking around their building. He further stated that it might be in the best interest of all parties if the Board waited to vote on this item until the issues the Town of Ithaca is having are resolved. Power to Act By Commissioner Schlather; Seconded by Commissioner Tripp RESOLVED, That the Board of Public Works grants itself Power to Act at its January 2, 2008 Committee of the Whole meeting on the following items:  Approval of Minutes – Power to Act o October 3, 2007 Board of Public Works Committee of the Whole Meeting Minutes o October 17, 2007 Board of Public Works Special Meeting Minutes o October 24, 2007 Board of Public Works Committee of the Whole Meeting Minutes o November 7, 2007 Board of Public Works Committee of the Whole Meeting Minutes o November 14, 2007 Board of Public Works Regular Meeting Minutes Part 1 o November 20, 2007 Board of Public Works Regular Meeting Minutes Part 2  Stewart Avenue Metered Parking Amendments  Vehicle and Traffic Schedule Update  Recognition in Memory of former City Controller, Dominick Cafferillo (“Cafferillo’s Law”)  Election of Vice Chair Carried Unanimously ADJOURNMENT On a motion the meeting adjourned at 7:30 p.m. December 19, 2007 Board of Public Works Voting Meeting Page 8 Jessica Myers Carolyn K. Peterson Executive Assistant Mayor