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HomeMy WebLinkAboutMN-BPW-2009-02-04BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 4:55 p.m. February 4, 2009 PRESENT: Mayor Peterson Commissioners (4) - Jenkins, Brock, 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 Executive Assistant - Gehring Traffic Engineer – Logue Excused: Commissioner Schlather Common Council Liaison – Coles DAC Liaison – Roberts ADDITIONS/DELETIONS TO/FROM THE AGENDA: Mayor Peterson stated that there was public interest in Item 4, Special Joint Committee Updates; however, the first two items in the agenda, Revision of City Code Chapter 170 and Verizon Wireless Proposed Monopole, were important topics that would require lengthy discussions as well. She requested that the Board consider the special interest in Item #4 as they move through the agenda. Supt. Gray announced that Lisa Bushlow, Executive Director of the Hangar Theatre, had invited the Board members to tour the theater on Friday, February 13, 2009, at 10:15 a.m. MAYOR’S COMMUNICATIONS: Mayor Peterson explained that the agreement between the City of Ithaca and the Hangar Theatre expired on December 31, 2008. She asked for a volunteer from the Board of Public Works to serve on the negotiating team for the new contract. Discussion followed on the floor regarding the work the negotiating team would complete. The members of the team would include a Common Council member, a Board of Public Works Commissioner, Supt. Gray, City Attorney Hoffman, a Planning Dept. staff member, and a representative from the Hangar Theatre. Commissioner Jenkins volunteered to join the negotiating team on behalf of the Board of Public Works. Revision of City Code Chapter 170 – Discussion City Attorney Hoffman explained the purpose of revising Chapter 170 of the City Code entitled “Use of City Real Property.” He referred to his memorandum from December 2008 that summarized the differences between the current ordinance and the proposed new ordinance. Commons Advisory Board members Joe Wetmore and Kris Lewis joined the Board for the discussion of this item. Mr. Wetmore stated that the Commons Advisory Board was looking for flexibility to allow the types of activities that are encouraged on the Commons to continue, such as outdoor dining and mobile vending. Discussion followed on the floor regarding events that the Downtown Ithaca Alliance organize in the downtown area and whether they are subject to rental agreements. Further discussion followed on the floor regarding first-time vendors, busking, and ensuring that the Commons Advisory Board review the proposed outdoor dining and mobile vending rates prior to any adjustments being made. Board of Public Works Page 2 February 4, 2009 Committee of the Whole Extensive discussion followed on the floor regarding the revisions to Chapter 170 as they pertain to the Downtown Ithaca Alliance and what fees the City may charge. The Board agreed to exempt the Downtown Ithaca Alliance from charges for placing tables or booths on the Commons for extended periods of time. Discussion followed on the floor regarding fees charged to for-profit and not-for-profit organizations. The Board agreed not to distinguish between the types of businesses and charge separate fees. Verizon Wireless Proposed Monopole – Discussion City Attorney Hoffman explained the search area where Verizon Wireless must locate its transmission facility in order to achieve the coverage it is seeking. He referenced a letter that was received from the Nixon Peabody Law Firm regarding the area. Mayor Peterson stated that she received information from a citizen with knowledge of monopoles that suggested there would be little additional coverage advantage to extend the height of the monopole significantly above the tree line, and provided questions they would like answered by representatives from Verizon. Discussion followed on the floor regarding the height of the monopole and its proposed location, and whether the City should consider installing the monopole on city property or not, the fall zone requirement, and potential expansion sites at Streets and Facilities on Pier Road. Mayor Peterson left the meeting at 6:05 p.m. Request for Encroachment at 114 & 116 E. Spencer St. – Discussion Larry Beck, Property Manager for Johnson Apartments, joined the Board for the discussion of this item. City Attorney Hoffman explained that the City does not have legal ownership or title to the bed of Six Mile Creek; however, the City did receive certain rights from the Ithaca Street Railway Company in 1906, which provides the City with the authority to control the creek. He requested that the Board determine how to proceed with this encroachment request that would only serve this rental property on the edge of Six Mile Creek. He further suggested that the City contact the New York State Department of Environment Conservation to ensure there isn’t any interest in or above the creek on the State level. Mr. Beck provided photographs of the building that they are proposing to construct a new deck, the location of the deck in relation to the creek, and the reason why the building had not been maintained on a consistent basis in the past. He further explained that the construction of the deck would create the support necessary for scaffolding to assist in maintaining the rear of the building. Discussion followed on the floor regarding the intended use of the deck, how the deck would be built, and the distance the building is from the creek bed. Further discussion followed on the floor regarding the shape of the deck, the decision not to enclose it, the aesthetics of the proposed deck, and encroachment fees. City Attorney Hoffman stated that because this request is for new construction, the Board has the discretion to charge a fee in the future, and grant a revocable license for the deck. He further stated that the encroachment could not be guaranteed indefinitely. The Board requested that this item be added to the agenda for the Committee of the Whole meeting on February 18, 2009. Cayuga Waterfront Trail Phase III and Route 13 Crossings – Discussion Traffic Engineer Logue joined the Board for the discussion of this item. He explained that this project would be the Third Phase of the Cayuga Waterfront Trail and would extend from the Farmer’s Market to Stewart Park and Chamber of Commerce on Route 34/East Shore Drive. He further explained that the second phase of the project was funded through an enhancement grant that the City received to improve the pedestrian crossings on Route 13 at Third Street and Dey Street. He presented the proposed design of the new pedestrian crossings, including extending a walkway to the Farmer’s Board of Public Works Page 3 February 4, 2009 Committee of the Whole Market. He further explained that the area on the corner of Route 13 and Third Street would be extended in order to install a pedestrian signal pull. He further explained that the City was working with the railroad and the State regarding the railroad crossing to define where pedestrians are able to travel. Discussion followed on the floor regarding parking for the Farmer’s Market, the location of the walkways, and expected construction dates. Traffic Engineer Logue continued to explain the Cayuga Waterfront Trail Phase III project, and noted that a path would be installed around the Farmer’s Market with removable bollards. He stated that new driveways and ditches are proposed along Willow Avenue, as the trail continues along Pier Road, through Stewart Park, and ending at Route 34/East Shore Drive at the Chamber of Commerce. Special Joint Committee Updates – Discussion This item was not discussed. Economic Stimulus Update – Discussion This item was not discussed. ADJOURNMENT On a motion, the meeting adjourned at 6:44 p.m. Kathrin D. Gehring Carolyn K. Peterson Executive Assistant Mayor