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HomeMy WebLinkAboutMN-BPW-2009-05-06BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 4:50 p.m. May 6, 2009 PRESENT: Mayor Peterson 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 Hangar Theatre Renovations – Power to Act Mayor Peterson introduced the Hangar Theatre representatives: Lisa Bushlow, Executive Director of the Theatre, and Andrew Rappaport from Holt Architects. Ms. Bushlow and Mr. Rappaport made a short presentation to the Board explaining in general the renovations that are proposed for the Hangar Theatre. Ms. Bushlow stated that the proposed renovations have been approved by the Planning and Development Board. DAC Liaison Roberts expressed his gratification with the proposed improvements at the theatre, especially improvements to the restrooms. Approval of Improvements to Hangar Theatre (CAI) - Resolution By Commissioner Brock: Seconded by Commissioner Wykstra WHEREAS, the City of Ithaca has leased to the Center for the Arts in Ithaca, Inc. (herein “CAI,” and commonly referred to as the Hangar Theatre), the premises located at 701 Taughannock Boulevard in the City, including two buildings (one, a former airport hangar, used as a theater, the other as a shop and for storage) and surrounding parking and yard areas, and WHEREAS, the City is in the process of negotiating a new, long-term lease for the premises, with the CAI, one component of which is expected to be a promise by the CAI to undertake certain improvements to the premises, as consideration for the new lease, and WHEREAS, the CAI wishes to undertake a set of improvements to the leased premises (estimated to cost approximately $3 million), primarily to address issues of flooding as well as the safety and comfort of patrons and performers, a list of which improvements (described generally) is appended to this resolution, and WHEREAS, the proposed improvements have been subject to the site plan review process, by the City’s Planning and Economic Development Board, and, as part of that process, environmental review of the proposed action has been completed and preliminary and final site plan approval have been granted, and WHEREAS, according to the current lease between the City and the CAI, all proposed improvements to the leased premises require the approval of the Board of Public Works, and must be in compliance with all applicable State and municipal codes, and WHEREAS, the Board of Public Works, in consultation with the Superintendent of Pubic Works, has reviewed the proposed improvements, on behalf of the City as owner of the premises and from a departmental standpoint, now therefore be it Board of Public Works Page 2 May 6, 2009 Committee of the Whole RESOLVED, That the Board of Public Works hereby determines that the improvements proposed by the Center for the Arts at Ithaca, Inc., assuming that such improvements are properly designed and implemented by the CAI, will not be detrimental in any way to the City’s property or operations, and in fact can be expected to enhance the general usefulness and attractiveness of the leased premises as the site of a performing arts facility open to the public, and be it further RESOLVED, That the Board hereby approves of the improvements proposed to be made by the CAI, as specified in the attached list, and upon the following conditions: 1. CAI shall secure all required permits for the proposed work, prior to its commencement; 2. All work shall be carried out at the sole cost of CAI, and shall be planned, bid and supervised by CAI; 3. Prior to the commencement of the work, CAI shall enter into a new lease or other written agreement with the City that includes provisions for indemnifying and holding harmless the City, with regard to the improvements, for naming the City as a co-insured on CAI’s insurance policy with specified levels of coverage, and with any other conditions the City may attach to the implementation of the work. 4. By issuing such approval, the Board assumes no responsibility for the proper design or execution of these improvements. LIST OF PROPOSED IMPROVEMENTS TO THE “HANGAR THEATRE” SITE (Leased by Center for the Arts at Ithaca, from the City of Ithaca) BASE PROJECT: A. Exterior improvements: 1. Re-grade site to direct water away from buildings 2. Re-gravel existing gravel drive 3. Pave west and south parking areas 4. Reconfigure parking areas with handicap spaces, curb cuts, and drop-off area 5. New and improved landscaping 6. New parking lot lighting 7. Relocate existing south concessions tent to east side for staff use 8. Provide new, larger concessions tent on west side of theater building 9. Masonry repair of façade 10. Modify three original windows on west façade to be entrances 11. Treat corrugated asbestos roof, and coat with elastomeric roof coating B. Interior improvements (to theater building, unless otherwise indicated): 1. Insulate and winterize shops and theatre 2. Air condition shops building 3. Add boiler room and heat distribution (to serve both buildings) 4. Raise interior floor of theater approximately 10" to help mitigate flooding 5. Interior asbestos abatement 6. Roof truss reinforcement 7. New stairs and upper stair landings for theater 8. Replace carpet and seats in theater 9. New lighting in lobby and back-of-house 10. New handicapped-accessible public toilets and staff bathrooms 11. Construct approximately 500-square-foot dressing room addition 12. Reconfigure back-of-house for improved function and accessibility 13. Air condition back-of-house 14. Reconfigure box office and will-call areas Board of Public Works Page 3 May 6, 2009 Committee of the Whole FUTURE WORK: C. 1. Add south entry vestibule 2. Re-hang original hangar doors as rain screen on south façade of theater 3. Add canopy between the theater back-of-house and the shops building 4. Shift east gravel parking area to the south and add reinforced sod parking for summer overflow parking 5. Additional plantings and landscaping Discussion followed on the floor regarding the possibility of improvement/renovations costs being shared by the City. Amending Resolution By Commissioner Jenkins: Seconded by Commissioner Wykstra “RESOLVED, That the Board hereby approves of the improvements proposed to be made by the CAI, as specified in the attached list, and upon the following conditions: 2. All work carried out by CAI shall be at the sole cost of CAI, and shall be planned, bid and supervised by CAI, with the caveat that the Mayor and the Superintendent are hereby authorized to characterize certain items on the list below as those to be carried out in part or in whole by the City;” A Vote on the Amending Resolution Resulted as Follows: Ayes (4) – Wykstra, Brock, Jenkins, Peterson Nayes (0) Abstentions (1) – Tripp Carried (4-0-1) A Vote on the Main Motion as Amended Resulted as Follows: Ayes (4) – Wykstra, Brock, Jenkins, Peterson Nayes (0) Abstentions (1) – Tripp Carried (4-0-1) Cinemapolis Signage – Power to Act – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, the City of Ithaca is the owner of the Green Street Parking Garage, including the entire ground-level area to the west of the so-called Rothschild Building, and WHEREAS, the City has entered into a lease agreement for the easterly portion of this ground-floor space, with the Ithaca Urban Renewal Agency (IURA), for the purpose of facilitating appropriate economic development of the premises, as a movie theater, and WHEREAS, the IURA has entered into a sublease for said space, with its preferred developer, namely, Cayuga Green, LLC, and WHEREAS, Cayuga Green, LLC, has entered into a sublease for said space, with 7th Art Corporation (“7th Art”), a not-for-profit corporation which currently operates a pair of movie theaters at two different sites, and which is now in the process of developing the subleased premises as the new location for its consolidated and improved theater operations (to be known as “Cinemapolis”), and WHEREAS, 7th Art wishes to have signage for its new theater that will provide sufficient visibility, both on Green Street (on which the south façade of the new theater will front) and within the so-called Home Dairy Alley Extension (on to which the new theater will open), and WHEREAS, in order for the City to realize its objective of appropriate economic development of the ground floor of the Green Street Parking Garage, the occupant of that space will need to maximize its visibility to potential customers who are driving on Board of Public Works Page 4 May 6, 2009 Committee of the Whole Green Street and passing through the Home Dairy Alley Extension, which effort is likely to require signage beyond the technical limits of the leased/subleased premises, and WHEREAS, the optimum placement of signs for the new theater that will be clearly visible to Green Street traffic and from within the full Alley involves their attachment to parts of the Green Street Garage that are adjacent to but technically not part of the premises leased to the IURA or subleased to Cayuga Green, LLC, or 7th Art, and therefore, involves the encroachment upon/use of City-owned real property, for which the issuance of a revocable license is required, and WHEREAS, 7th Art has made a request to the Board of Public Works for a license to attach a lighted, vertical sign (18 inches wide, 12 feet tall, with the word “Cinemapolis” on it) to the exterior of the stair tower on the south face of the Green Street Parking Garage, and to hang a lighted, horizontal sign (18 inches tall, 8 feet wide, with the word “Cinemapolis” on it) from the ceiling and/or support column of the Home Dairy Alley Extension (which ceiling is also the bottom of the lower deck surface of the Green Street Parking Garage), now therefore be it RESOLVED, That the Board of Public Works approves in concept the request from 7th Art Corporation for a license allowing it to attach two signs to the Green Street Parking Garage, as a reasonable component of the City’s redevelopment of the Green Street Garage for mixed use, and requests the Superintendent of Public Works and the City Attorney to collaborate in drafting a revocable license to use city property for that purpose, under the usual terms and conditions and with the understanding that: 1. The license will only allow such signage as is approved by the Board of Zoning Appeals; 2. The license will require a structural analysis of the sign proposal by a licensed engineer, to ensure that there is adequate support, safety for pedestrians and no irreparable damage to the City’s structure; 3. The license will provide for reasonable compensation for use of City property; 4. The license will not be transferable to another party without approval by the Board; and 5. The draft license, after review by 7th Art, will be submitted to the Board for its final approval. Lynne Cohen, Co-Executive Director, 7th Art Corp./Cinemapolis, joined the Board for the discussion. City Attorney Hoffman explained the theater’s request to hang two signs in the Green Street Garage. He further explained that involves attaching the signs to a city structure and the use of city property. Ms. Cohen stated that the Board of Zoning Appeals had approved their appeal for these two signs. A Vote on the Resolution Resulted as Follows: Carried Unanimously (Commissioner Schlather absent from vote) Water Supply DEIS Comments – Discussion Alderperson Zumoff stated that Common Council would like a recommendation from the Board of Public Works by June so Council may make their decision by September regarding the water supply. O’Brien & Gere consultants Steve Eckler, Rick Gell, and Parikhit Sinha joined the Board for the discussion. Mr. Sinha explained the protocols to account for greenhouse gas emission estimates used by many worldwide organizations, nations and states. He further explained the types of emission sources that are reported. Board of Public Works Page 5 May 6, 2009 Committee of the Whole Extensive discussion followed on the floor regarding estimated greenhouse gas emissions within the City for each water source option, dredging requirements as it pertains to greenhouse gas emissions, expected energy usage at each plant, and the water quality that each plant is expected to create. Commissioner Schlather arrived at 5:52 p.m. Further extensive discussion followed on the floor regarding the need for dredging in Cayuga Inlet and the reservoir in relation to each water supply option, with suggestions for periodic dredging to maintain waterways and reduce silt, dredging once and then leaving the waterways alone for another 100 years, or not to dredge at all. City Attorney Hoffman explained SEQR requirements pertaining to dredging and environmental studies. Mayor Peterson left the meeting at 6:05 p.m. Discussion followed on the floor regarding the use of chemicals and the removal of silt and sediments. Commissioners Schlather and Wykstra suggested removing the issue of dredging from the main text of the EIS and moving it to a footnote as a way of explaining that the dredging would be maintenance for dam safety and not part of the water supply, but it is still a consideration in the purchase option. Mr. Eckler and Mr. Gell agreed to have suggested changes to the EIS document made prior to the next Board meeting. They further stated that it would be difficult, though possible, for the Board to create a Findings Statement regarding the FEIS by the end of May 2009 due to required timelines. Administrative Communications: The Board agreed to schedule the Committee of the Whole meeting on May 13, 2009, in order to devote the entire meeting to the water supply discussion. The Board further agreed that the meeting on May 20, 2009, would be the regular voting meeting and a special meeting would be called for May 27, 2009, at 4:30 p.m. to tentatively accept, finish, or accept the final document. ADJOURNMENT On a motion, the meeting adjourned at 7:38 p.m. Kathy Gehring Carolyn K. Peterson Executive Assistant Mayor