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HomeMy WebLinkAboutMN-BPW-2009-04-22BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:51 p.m. April 22, 2009 PRESENT: Acting Mayor Dan Cogan Commissioners (5) - Jenkins, Brock, 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 – Zumoff DAC Liaison – Roberts Executive Assistant – Gehring EXCUSED: Mayor Peterson Deputy City Controller - Andrew PLEDGE OF ALLEGIANCE: Vice-Chair Jenkins led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Vice-Chair Jenkins suggested the Board consider minutes ready for approval when Commissioner Schlather arrived at the meeting. No board member objected. COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: Beverly Baker, City of Ithaca resident, addressed the Board regarding curb and sidewalk repair work at 309 North Aurora Street. Commissioner Schlather arrived at 5:00 p.m. RESPONSE TO THE PUBLIC Commissioner Tripp explained to Ms. Baker that the Board would discuss her sidewalk assessment appeal later in the meeting. BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT: Hangar Theatre Renovations – Power to Act – Resolution By Commissioner Tripp: Seconded by Commissioner Schlather RESOLVED, That the Board of Public Works grant themselves Power to Act on the proposed renovations to the Hangar Theatre at the May 6, 2009, Committee of the Whole Meeting. Discussion followed on the floor regarding the proposed modifications to the Hangar Theatre. A Vote on the Resolution Resulted as Follows: Carried Unanimously Site Plan Review for Hotel Ithaca, Consent to Lead Agency Designation – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and Board of Public Works April 22, 2009 Page 2 WHEREAS, the City of Ithaca Planning and Development Board has one pending application for site plan approval for the Hotel Ithaca, located at 220 East Green Street in the City of Ithaca by Ithaca Properties LLC Applicant/Owner, and WHEREAS, the Planning Board has indicated its intention to act as lead agency for the environmental review of a proposed site plan for the Hotel Ithaca, and WHEREAS, the applicant to the Planning Board is proposing the construction of a new 124+/- room hotel with restaurant, lobby, and other space in support of a hotel operation, in a building encompassing 96,075+/- sq. feet in 12 stories with a portion of the upper stories extending 12’ over the Green Street garage. The main (pedestrian) entrance is proposed to be on Aurora Street with parking and additional entrances from the parking decks at the Green Street garage. The proposal includes the development of a screened rooftop mezzanine to incorporate program space and conceal rooftop mechanicals. The development site contains two tax parcels: Parcel B in the CBD 65 Zoning District and Parcel A in the CBD 85 Zoning District and requires an area variance for height and rear yard setback. Building materials are not specified at this time. This is a Type I action under the City of Ithaca Environmental Quality Review Ordinance in accordance with §176-4 (B)(1)(l)(n) and an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review, and WHEREAS, the Board of Public Works may be an involved agency for the purposes of environmental review of this action, now therefore be it RESOLVED, That the Board of Public Works hereby consents to the designation of the Planning Board as lead agency for the environmental review of the proposed Hotel Ithaca. Discussion followed on the floor regarding the possible loss of parking spaces in the Green Street Garage, the connection to Hotel Ithaca, and clarification on the name “Hotel Ithaca.” Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the following Resolved clause be added to the Resolution as the first Resolved clause: “RESOLVED, That this consent shall not be construed as the surrender of any rights of the Board of Public Works to approve a proposed connection between Hotel Ithaca and the Green Street Parking Garage and potential loss of parking spaces, and be it” Carried Unanimously Main Motion as Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously Appeal of Bill For New Water Service at 220-222 Utica Street – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, Brian and Britta Lee, owners of 220-222 Utica Street received a bill dated November 21, 2008, City of Ithaca invoice #8534 in the amount of $2,689.92 for the replacement of their water service line within the street right-of-way on October 16, 2008, and WHEREAS, Brian Lee appeared before the Board of Public Works on Wednesday, March 25, 2009 to request that the Board of Public Works consider expunging the bill, and WHEREAS, the Board of Public Works considered this request and found the billing to be in accord with the provisions of chapter 348 of the City Code, and WHEREAS, Brian Lee subsequently requested that at least the overtime billing rates be expunged and the time billed at the regular rates since the owners did not get the opportunity to decide beforehand whether the work was done during the regular working hours or on overtime, now therefore be it RESOLVED, That the Board of Public Works denies the request to expunge the bill for the water service installed at 220-222 Utica Street, and be it further Board of Public Works April 22, 2009 Page 3 RESOLVED, That the Board of Public Works grants the request to eliminate the billing at overtime rates from the original bill. This amounts to a reduction of $242.0625 from the original billing of $2,689.92, for a modified total of $2,447.86. Carried Unanimously Hotel Ithaca and Green Street Garage Connection - Discussion Scott Whitham joined the Board for their discussion of this item. Supt. Gray explained that the owners and developers of the hotel thought a connection to the garage might assist hotel patrons. Discussion followed on the floor regarding the sketches provided for the meeting showing the proposed connections. Commissioner Schlather stated the sketches indicate the removal of five parking spaces and noted the removal of those spaces would result in a loss of over $160,000 in revenue for the City. City Attorney Hoffman stated that the City would request the value of those spaces if they are removed. Commissioner Schlather volunteered to act as a liaison for the Board in the negotiations with Hotel Ithaca, along with the Mayor, City Attorney and Superintendent of Public Works. Discussion followed on the floor regarding the use of city land by outside businesses and the proposal for removal of parking spaces in the garage. Extensive discussion followed on the floor regarding proposed pedestrian and vehicle access to and around the hotel. Mr. Whitham stated that, currently, the only proposed vehicular access point to the hotel is in the Green Street Garage. He further stated that TCAT has been contacted about providing transportation to the hotel and the proposed pedestrian entrance to the hotel is on Aurora Street. Cinemapolis Signage – Discussion Lynne Cohen, Co-Executive Director, 7th Art Corp./Cinemapolis; Richard Szanyi, Co- Executive Director, 7th Art Corp./Cinemapolis; and Craig Christopher, owner, Cayuga Signs, joined the Board for the discussion of this item. City Attorney Hoffman explained that two out of the four proposed signs require consideration by the Board. Ms. Cohen explained the proposal is to place two signs on the Green Street Garage to advertise Cinemapolis Theater and where the signs would be placed on the garage. Discussion followed on the floor regarding whether the signs would become subject to the new fees proposed in the new Use of City Property ordinance. Further discussion followed on the floor regarding the source of electricity for the signs, indemnification, and using city buildings for signage. The Board requested that this item be placed on the agenda for the May 6, 2009, Committee of the Whole meeting. Power to Act – Cinemapolis Signage – Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Board of Public Works grants themselves Power to Act on proposed signage for Cinemapolis at the May 6, 2009, Committee of the Whole Meeting. Carried Unanimously HIGHWAYS, STREETS, AND SIDEWALKS: Appeal of Sidewalk Assessment for 309 North Aurora Street – Resolution By Commissioner Brock: Seconded by Commissioner Wykstra WHEREAS, Beverly Baker, owner of 309 North Aurora Street, received a 2005 sidewalk assessment for sidewalk work completed adjacent to her property, and WHEREAS, Ms. Baker received sidewalk notices in 2000 and 2005, and has had several written and verbal communications with staff regarding her concerns before and after the work, and WHEREAS, Ms. Baker filed a written appeal of the assessment listing multiple reasons why she alleges she should not pay for the work, and Board of Public Works April 22, 2009 Page 4 WHEREAS, a subcommittee of the Board of Public Works has met with staff, made a site visit and reviewed information provided by Ms. Baker and staff regarding the appeal; now therefore be it RESOLVED, That the Board recognizes that the city’s contractor completed the sidewalk replacement work, and feels that the owner is responsible for payment because Ms. Baker was not prevented by the City from performing the work; there are no records or other reason to believe that city staff informed the owner that her walk would be replaced at no charge; the faint footprint and slight color variation with adjacent concrete does not affect the function of the sidewalk; the original estimate was not a guarantee of final cost; the former walk from the main sidewalk to the street is not required and field notes indicate it should be removed and standard procedure is to replace similar walks unless the owner declines the option; and the six inch thick areas of concrete have not cracked under 3.5 years of commercial use since installation and therefore do not appear to be constructed at four inches thick, and be it further RESOLVED, That the Board hereby denies the request to expunge the sidewalk assessment for 309 North Aurora Street. Discussion followed on the floor regarding the process the subcommittee used to review these appeals and make determinations, and why the property owners were not directly involved with the entire process. Commissioner Schlather suggested that the resolution be withdrawn pending further staff review. No Board member objected. Motion to Withdraw – Resolution By Commissioner Brock: Seconded by Commissioner Wykstra RESOLVED, That the above motion is hereby withdrawn pending further staff review. Carried Unanimously Review of Sidewalk Snow Removal Bill, 622 Cascadilla St. – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk snow removal at 622 Cascadilla Street, and WHEREAS, the Board has reviewed photos and information provided by city staff and the owner of the property, and made a site visit to such address and indeed verified that there was a sidewalk and WHEREAS, the Board finds that appropriate process was followed to keep the sidewalks safe for pedestrians, now, therefore, be it RESOLVED, That the Board denies the appeal, and be it further RESOLVED, That the Board directs staff to notify the owner of this resolution and give the owner two weeks from the date of notification in order to pay the fees before penalties are accrued. Carried Unanimously Acting Mayor Dan Cogan left the meeting at 6:30 p.m. Review of Sidewalk Snow Removal Bill, 308 Elmira Road – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk snow removal at 308 Elmira Road, and WHEREAS, the Board has reviewed photos and other information provided by city staff and the owner of the property, and WHEREAS, the Board finds that appropriate process was followed to keep the sidewalks safe and accessible for pedestrians, now, therefore, be it Board of Public Works April 22, 2009 Page 5 RESOLVED, That the Board denies the appeal for snow removal billing, and be it further RESOLVED, That the invoice dated January 14, 2009, in the amount of $114.63 shall be reduced to $50, and be it further RESOLVED, That the Board directs staff to notify the owner of this resolution and give the owner two weeks from the date of notification in order to pay the fees before penalties are accrued. Discussion followed on the floor regarding the reason for the reduction of the first bill from $114.63 to $50, and the number of sidewalks that City crews removed snow from during the winter. A Vote on the Resolution Resulted as Follows: Carried Unanimously CREEKS, BRIDGES, AND PARKS: Prospect Street Reconstruction – East Clinton Street Bridge Rehabilitation Project – Resolution By Commissioner Schlather: Seconded by Commissioner Tripp WHEREAS, a Project for the reconstruction of PROSPECT STREET and the rehabilitation of the EAST CLINTON STREET BRIDGE OVER SIX MILE CREEK,P.I.N. 375457(“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (AFHWA), as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Scoping, Preliminary Design, Detailed Design, and Right of Way Incidentals, now therefore be it RESOLVED, That the Board of Public Works hereby approves the above-subject project; and it is hereby further RESOLVED, That the Board of Public Works recommends that Common Council hereby authorize the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Scoping, Preliminary Design, Detailed Design, and Right of Way Incidentals for the Project or portions thereof; and be it further RESOLVED, That the Board of Public Works recommends that the sum of $465,000 be appropriated as follows: from Capital Project #725 the sum of $280,000 and from the Capital Project #726 the sum of $185,000, to cover the cost of participation in the above phase of the Project; and it is further RESOLVED, That the Board of Public Works recommends in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and be it further RESOLVED, That the Board of Public Works recommends that the Mayor of the City of Ithaca, of the County of Tompkins be and is hereby authorized to sign all necessary Agreements with NYSDOT to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public Works be authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests, and be it further RESOLVED, That the Board of Public Works recommends that the Common Council authorizes the Superintendent of Public Works to administer the above project, and be it further RESOLVED, That this resolution shall take effect immediately. Discussion followed on the floor regarding the type of material the surface of the bridge would be constructed from, the expected width of the bridge, and whether the design for the new bridge would include bicycle and pedestrian lanes. Board of Public Works April 22, 2009 Page 6 A Vote on the Resolution Resulted as Follows: Carried Unanimously Award of Bid to Restore Bridge Railing - North Cayuga Street over Cascadilla Creek - Resolution By Commissioner Tripp: Seconded by Commissioner Schlather WHEREAS, bids were received on March 3, 2009 for Restoration of Bridge Railing on North Cayuga Street over Cascadilla Creek, and WHEREAS, staff has reviewed the bids received and recommends award, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the Restoration of Bridge Railing on North Cayuga Street over Cascadilla Creek Project to Silverline Construction, Inc. of Burdett, NY, for their low bid meeting specifications of $8,658.00. Discussion followed on the floor regarding the reason for the repair, which was caused by a private citizen and the fact that their insurance will pay for the costs of the repairs. A Vote on the Resolution Resulted as Follows: Carried Unanimously 2009 Golf Course Rates – Discussion Supt. Gray explained that when the rates were approved in 2008, the resolution stated they were not to be changed until modified by the Board. He further stated Mayor Peterson determined that resolution only covered 2008, and that approval of the 2009 rates is required. Discussion followed on the floor regarding the budget for the Newman Golf Course, the average deficit, activity at the course, current rates and possible rate increases. Commissioner Schlather requested information on golf cart rental fees and the 2009 budget for the special meeting on April 29, 2009. Power to Act – 2009 Golf Course Rates – Resolution By Commissioner Jenkins: Seconded by Commissioner Wykstra RESOLVED, That the Board of Public Works grants themselves Power to Act on the 2009 Golf Course Rates at the April 29, 2009, Special Meeting. Carried Unanimously WATER AND SEWER: Authorization for Assistant Superintendent for Department of Public Works Water & Sewer Division to sign CWSRF Economic Stimulus Funding Application – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, City Water & Sewer Staff completed an Economic Stimulus Funding Application, CWSRF IUP #C7-6387-03-00 and C7-6387-04-00 to the New York State Environmental Facilities Corporation (EFC), and WHEREAS, the application was reviewed by both the Superintendent and Assistant Superintendent of the City of Ithaca Department of Public Works, and WHEREAS, the application requires a signature authorized by Resolution on behalf of the City of Ithaca, applicant, and WHEREAS, the application has already been signed and mailed on March 30, 2009 in order to meet application deadline, now therefore be it RESOLVED, that the Board of Public Works retroactively authorizes the Assistant Superintendent of the City of Ithaca Department of Public Works Water & Sewer Division to have signed the application on behalf of the City of Ithaca. Carried Unanimously APPROVAL OF MINUTES: Approval of the Minutes of the May 10, 2006, March 11, 2009, March 18, 2009, March 25, 2009, and April 1, 2009, Board of Public Works Meetings – Resolution By Commissioner Schlather: Seconded by Commissioner Tripp Board of Public Works April 22, 2009 Page 7 RESOLVED, That the Minutes of the May 10, 2006, March 11, 2009, March 18, 2009, March 25, 2009, and April 1, 2009, Board of Public Works meetings be approved as published. Carried Unanimously Approval of the Minutes of the June 20, 2007, Board of Public Works Meeting – Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Minutes of the June 20, 2007, Board of Public Works Special Meeting be approved with noted corrections. Carried Unanimously ADMINISTRATION AND COMMUNICATIONS: Commissioner Schlather expressed concern that the Board was being criticized for how long it is taking to review the Water Supply Environmental Impact Study (EIS). Discussion followed on the floor regarding his concern, when the Water Supply EIS will be on the agenda again, and how long it will take the Board to review the rest of the EIS. Commissioner Schlather suggested that the Committee of the Whole meeting on May 6, 2009, be devoted mostly to the Water Supply EIS. He further suggested that the meeting begin at 4:30. All Board members agreed. ADJOURNMENT On a motion the meeting adjourned at 7:14 p.m. Kathrin D. Gehring Carolyn K. Peterson Executive Assistant Mayor