Loading...
HomeMy WebLinkAbout08-24-15 Board of Public Works Meeting AgendaDATE: August 24, 2015 BPW MTIME: 4:45 pm m LOCATION: 311 Floor, Board Of Public Works City Hall, Council Chambers 108 E. Green St., Ithaca AGENDA ITEMS B. Retaining Wall Inventory Project Yes Mykola Kyrychuk, 10 min. Intern Mykola has been working on the Retaining Wall Inventory Project and will provide the Board with information on the conditions of existing retaining walls within the city. 7. Administration & Communications A. July 27, 2015 Meeting Minutes Yes Mayor Myrick 5 min. 8. Buildings, Properties, Refuse & Transit A. Appeal of Bill for Tree Clean Up at 612 Cliff Street Yes Asst. Supt. Benjamin 5 min. — Resolution The resolution reflects the Board's discussion on August 10, 2015. 9. Highways, Streets & Sidewalks A. Recommendation that Common Council Approve Yes Traffic Engineer 5 min. a New Bus Service in the City — Resolution Logue The resolution reflects the Board's discussion on August 10, 2015. B. Award of Professional Services Contract for West Yes Traffic Engineer 5 min. Martin Luther King Jr. Street Corridor Logue Enhancements — Resolution The City is prepared to award a contract for professional services for the West Martin Luther King Jr. Street Corridor Enhancements to C &S Engineers, Inc. C. Resolution Authorizing Agreement with INHS for Yes City Attorney Lavine 10 min. Future Improvements to Lake Avenue and Eastern Portion of Adams Street This topic was discussed at the Planning and Economic Development Committee meeting on August 12, 2015, and is anticipated to be included on the Common Council agenda in September. 10. Parking & Traffic Topic Voting? Presenter(s) Time Allowed 1. Call to Order /Agenda Review No Mayor Myrick 5 min. 2. Mayor's Communications No Mayor Myrick 3. Communications and Hearings from Persons No Public 5 -15 Before the Board min. 4. Response to the Public No Commissioners 5. Reports No Various 10 min. A. Special Committees of the Board B. Council Liaison C. Board Liaisons D. Superintendent and Staff 6. New Project Presentation A. Pavement Management Project Yes David Picinich, Intern 10 min. The Engineering Office has participated in the Cornell Local Roads Program Pavement Management Project this year. David has worked hard on this project; he will provide an update. B. Retaining Wall Inventory Project Yes Mykola Kyrychuk, 10 min. Intern Mykola has been working on the Retaining Wall Inventory Project and will provide the Board with information on the conditions of existing retaining walls within the city. 7. Administration & Communications A. July 27, 2015 Meeting Minutes Yes Mayor Myrick 5 min. 8. Buildings, Properties, Refuse & Transit A. Appeal of Bill for Tree Clean Up at 612 Cliff Street Yes Asst. Supt. Benjamin 5 min. — Resolution The resolution reflects the Board's discussion on August 10, 2015. 9. Highways, Streets & Sidewalks A. Recommendation that Common Council Approve Yes Traffic Engineer 5 min. a New Bus Service in the City — Resolution Logue The resolution reflects the Board's discussion on August 10, 2015. B. Award of Professional Services Contract for West Yes Traffic Engineer 5 min. Martin Luther King Jr. Street Corridor Logue Enhancements — Resolution The City is prepared to award a contract for professional services for the West Martin Luther King Jr. Street Corridor Enhancements to C &S Engineers, Inc. C. Resolution Authorizing Agreement with INHS for Yes City Attorney Lavine 10 min. Future Improvements to Lake Avenue and Eastern Portion of Adams Street This topic was discussed at the Planning and Economic Development Committee meeting on August 12, 2015, and is anticipated to be included on the Common Council agenda in September. 10. Parking & Traffic Time Topic Voting? Presenter(s) Allowed A. To Amend Vehicle and Traffic Schedules for Yes Traffic Engineer 5 min. Bridge Street, Schedule XII, Parking Prohibited at Logue All Times, and Schedule XV, Parking Prohibited Certain Hours — Resolution The resolution reflects the Board's discussion on August 10, 2015. B. Authorization to begin a Merchant Parking Yes Validation Program — Resolution The resolution reflects the Board's discussion on August 10, 11. Creeks, Bridges & Parks 12. Water & Sewer A. Appeal of Water Bill for Ithaca Children's Garden Yes at 600 Block Taughannock Boulevard The resolution reflects the Board's discussion on August 10, 13. Discussion Items Dir. of Parking Nagy 5 min. 2015. Asst. Supt. Whitney 5 min. 2015. A. Approval of Locations in Cass Park for the Public No Megan Wilson 10 min. Art Commissions Mural and Street Art Program The Public Arts Commission would like support from the Board about potential locations within Cass Park for murals. B. Lake Street Public Park Enhancements — Design No Bridge Systems Eng. 10 min. Alternatives — Proposed Resolution Addisu Gebre After holding public information meetings, two design alternatives are provided for the Board's consideration and guidance. 14. New Business 15. Adjournment Page 2 No Yes 8A. Appeal of Bill for Tree Clean Up at 612 Cliff Street — Resolution WHEREAS, Barbra Jastran, owner of 612 Cliff Street, was billed for the cost of calling in City crews to remove a portion of tree that fell into the roadway at 612 Cliff Street on October 15, 2014, and WHEREAS, Ms. Jastran claimed the tree was in the City's right -of -way and showed evidence that she had paid a tree service to remove the rest of the tree that fell outside of the roadway, and WHEREAS, Assistant Superintendent Benjamin's investigation of the tree's location revealed that the tree was actually astride the right -of -way line, and WHEREAS, the tree was partially on the City right -of -way and partially on Ms. Jastran's property, and that Ms. Jastran already paid for the cleanup of the tree outside of the roadway, staff recommends that the bill for the City's response to clear the roadway be expunged along with any penalties associated with that bill, now therefore be it RESOLVED, That the Board of Public Works hereby expunges invoice #00019766, for $686.75 and the penalty of $34.34 associated with that invoice. Page 3 9A. Recommendation that Common Council Approve a New Bus Service in the City — Resolution WHEREAS, Section 346 -31 of the City Code states that no bus shall operate, stop on or stand on any City street, nor shall such bus pick up or discharge passengers on any such City street or curb, or any other public property, or at or within 200 feet of any City bus stop in the corporate limits of the City of Ithaca, unless a permit is obtained therefor from the Common Council or its designee, and WHEREAS, the Department of Public Works has received an application from Big Red Bullet, LLC to operate a transit service between Ithaca and New York City, including stops in the City, and WHEREAS, TCAT has expressed concerns about the two proposed bus stops, namely in front of the Performing Arts Center and the East Seneca Street bus stop, and WHEREAS, TCAT and staff have recommended use of the south curbline of East Green Street, immediately east of the pedestrian signal, staff has discussed the option with the representative of Big Red Bullet, who is in agreement with this location, and WHEREAS, the applicant and staff have not yet found an acceptable alternate location in Collegetown, but are both willing to continue working on a possible location, now therefore be it RESOLVED, That the Board of Public Works hereby recommends to Common Council approval of the use of the East Green Street location and the related proposed City streets, and be it further RESOLVED, That the Board recommends that Common Council delegate the authority to approve a second location for passenger pick up and discharge to the Board of Public Works, should the applicant and staff find an acceptable alternate location in Collegetown, after consultation with TCAT. Page 4 9B. Award of Professional Services Contract for West Martin Luther King Jr. Street Corridor Enhancements — Resolution WHEREAS, professional services proposals were received on January 20, 2015 for the West Martin Luther King Jr. Street Corridor Enhancements (CP 790, PIN 395050) project, and WHEREAS, staff has reviewed the nine proposals received and made recommendations for award, and WHEREAS, engineering studies and designs are a Type II action requiring no further review under the State Environmental Quality Review Act and the City Environmental Quality Review Ordinance, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the professional services contract for West Martin Luther King Jr. Street Corridor Enhancements (CP 790, PIN 395050) to C &S Engineers, Inc., of Syracuse, New York, for an amount not to exceed $130,000, and be it further, RESOLVED, That the Superintendent of Public Works of the City of Ithaca be hereby authorized to enter into said contract under the usual terms and conditions. Page 5 To: From: Date: Re: CITY OF ITHACA 108 East Green Street, Suite 202 Ithaca, New York 14850 -5690 OFFICE OF THE CITY ENGINEER Telephone: 607 /274 -6530 Fax: 607/274 -6587 Board of Public Works Tim Logue, Transportation Engineer August 14, 2015 Contract Award for Professional Services for W. Martin Luther King Jr Street Corridor Enhancements (CP# 790) Please find enclosed a proposed resolution to award a professional services contract to C &S Engineers, Inc., in association with Popli Design Group and Trowbridge Wolf Michaels Landscape Architects, LLP, for the West Martin Luther King Jr. Street Corridor Enhancements project (PIN 395050, CP 790). The project is a federal -aid project with 80% of project costs reimbursed by federal funds and 20% of project costs covered by the City of Ithaca. The project was advertised to 15 firms and we received 9 proposals. A four person staff group (Addisu Gebre, Kent Johnson, Jessica Buckley, and myself) selected C &S Engineers based on their expression of interest and the advertised selection criteria. I have worked with C &S to define a task list (scope of services) and a fee for the project that fits within budget. I am therefore ready to recommend that you award the contract to C &S Engineers in an amount not to exceed $130,000. Please feel free to contact me if you have any questions about the contract or about the consultant selection process. You can reach me directly at 274 -6535 or tlo ug e @cityofithca.org. Thank you. 'An Equal Opportunity Employer with it commitment to workforce diversification." n r�r. 9C. Resolution Authorizing Agreement with INHS for Future Improvements to Lake Avenue and Eastern Portion of Adams Street WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INNS) in 2014 purchased the parcel known as 210 Hancock Street and began seeking community and Planning Board input; and WHEREAS, based on this input, INHS has proposed a development plan of the 210 Hancock parcel that includes improvements to Lake Avenue for a pedestrian and bicycle pathway and incorporation of a playground structure in the eastern section of Adams Street; and WHEREAS, City staff is generally supportive of the development plans proposed by INHS, and INHS is in the process of obtaining site plan approval; and WHEREAS, INHS has agreed to construct and maintain such improvements at its cost in accordance with City specifications affording City vehicles the ability to continue to access the creek through the improved site as needed for public works or safety purposes; and WHEREAS, the improvements and land underneath such improvements shall be the property of the City, and will be open to the public; and WHEREAS, INHS has agreed to be responsible for maintenance and liabilities resulting from use of the improved site, except for any liabilities which are caused by the City's negligence or willful misconduct, which shall be the City's responsibility; and WHEREAS, in consideration for these agreements, the City has agreed to seek discontinuance of Lake Avenue and the eastern portion of Adams Street; and WHEREAS, the discontinuance process will require environmental review, public comment, and discretionary approval (or denial) by the Board of Public Works; and WHEREAS, INHS has asked for an agreement from the City that it commits to seek discontinuance in order to satisfy certain requirements related to the Low Income Housing Tax Credits that INHS is seeking; and WHEREAS, the Common Council is considering a resolution to this same effect; now, therefore be it RESOLVED, That the Mayor is authorized execute an agreement with INHS substantially similar to that included herewith, and for a term not to exceed fifty (50) years, concerning the use of Lake Avenue and the eastern portion of Adams Street. Page 6 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ITHACA AND ITHACA NEIGHBORHOOD HOUSING SERVICES, INC. THIS AGREEMENT, entered into the day of , 2015, between the CITY OF ITHACA ( "City ") and ITHACA NEIGHBORHOOD HOUSING SERVICES, INC. ( "INHS "). WHEREAS, a. INNS has acquired the property known as 210 Hancock Street and 423 First Street, City of Ithaca (the "INNS Property ") and intends to redevelop the INNS Property into a mixed use residential project (the "Redevelopment Project "); b. INNS has proposed certain improvements to City -owned land as a part of the Redevelopment Project, and the City is supportive of such improvements; c. As a condition of site plan approval for the Redevelopment Project, INHS will commit to construct and maintain pedestrian and bicycle paths and a play structure on a portion of Lake Avenue and Adams Street (collectively the "Street Parcel ") as shown on the attached survey map, and to uphold all other obligations under this Agreement; d. The City owns the Street Parcel and has agreed to seek the discontinuance of those portions of Lake Avenue and Adams Street for vehicular traffic so that the Street Parcel can be used in the Redevelopment Project as described herein and subject to the terms and conditions of this Agreement; and e. In consideration of the mutual covenants and agreements in connection with the Redevelopment Project, the Parties agree to the terms and conditions set forth herein. NOW THEREFORE IT IS HEREBY AGREED THAT: Term 1. This Agreement shall be for a term of fifty (50) years commencing on the date upon which all of the following conditions have been fulfilled: a. Site Plan Approval, b. Receipt of Notice of Award of Low Income Housing Tax Credits for the Redevelopment Project, and closing on all financing necessary to construct the same, c. Satisfactory completion of the discontinuance process for the Street Parcel. 2. In the event that the conditions stated in paragraph 1 have not been fulfilled within three years of execution of this Agreement, this Agreement shall terminate. 3. Upon termination, INHS shall be relieved of further responsibility for maintenance and repair of the Street Parcel, and shall have no rights to the same as distinct from members of the public. INNS Obligation � s 4. INNS shall timely apply for site plan review approval pursuant to City requirements for the Redevelopment Project. The proposed site plan shall include community paths for public use on the Street Parcel and a community play structure on the former Adams Street parcel. The design and layout of the paths and the play structure, including landscajhping and trash receptacles and the items set out at Section 7, shall be presented and approved as part of the site plan for the Redevelopment Project. INNS acknowledges that the adherence to the terms and conditions of this Agreement shall be a condition of site plan approval by the Planning Board of the City. 5. The community paths and play structure may be used by the public during the hours between 5:00 a.m. and one -half hour after sunset, and by the City, for municipal purposes, at any time. 6. The construction and maintenance of the community paths and play structure shall be the sole responsibility of INNS. Without limitation of the foregoing, but as clarification and in addition a. INHS will maintain at its own expense the improvements approved of in the site plan on the Street Parcel, including but not limited to the paths and play structure, in a safe, sound, clean and serviceable condition, in accordance with all applicable ordinances of the City, such that no hazard is posed to the public from the public's use of or proximity to the same, and will repair damage and defects in such improvements, as provided in this Agreement. b. INNS will provide custodial and landscaping services to maintain the appearance of the improvements, including trash removal and routine care of vegetation in the improved area as described by the site plan and in accordance with City exterior property maintenance ordinance. c. INNS will plow the paths clear of snow to the City's reasonable standard and in compliance with the City's exterior property maintenance ordinance, or will contract for the same. d. INNS shall maintain all improvements and all land within the Street Parcel. INNS shall not be responsible for maintaining land outside the surveyed boundary of the Street Parcel. e. INNS will not have a duty to repair damages and defects caused by the City's use of the Street Parcel. For purposes of this clause, the public's use shall not constitute the City's use. 7. The design of the community paths and play structure shall be subject to the approval of the Superintendent of Public Works to assure that City emergency and maintenance vehicles have access to the adjoining creek. Final details shall be as set forth in the site plan approval, but shall include the following: a. The main path on the former Lake Avenue parcel shall be 10 feet wide, so as to allow use and access by City vehicles as part of the City's maintenance duties. It shall be made of materials strong enough to support the stress of City maintenance vehicles. b. The site plan shall delineate the turning radius for a snow plow at the intersection of Adams Street and Alice Miller Way. This radius shall set the boundary of property maintenance responsibilities between the City and INNS in that area. This radius will set the boundary for the portion of Adams Street that the City will seek to discontinue. These boundary lines are shown on the attached survey. c. A fence, hedgerow or other demarcation as approved in the site plan shall be installed along the property line between the INHS Property and the Street Parcel. 8. INNS shall obtain at its expense a survey to show the location of all improvements and the lines delineating the property which is under INHS maintenance and that which is under City maintenance duties. City Obligations 2 9. The City will remain the owner of record for the Street Parcel. In the unlikely event that the Street Parcel is classified by Tompkins County as taxable, any amounts due for taxes or assessments shall be paid by the City. 10. The City is responsible for the creek bank. INHS shall not be responsible for maintenance of trees or other vegetation on the bank, or otherwise outside the surveyed boundary of the Street Parcel. The City shall maintain lighting, likely comprised of pre - existing on -site fixtures, and the utility cost of lighting along the property. 11. The City has the right to use the Street Parcel to access the creek, canal, embankments and walls, or for any other reason, including by any vehicular or mechanical means selected by the City. 12. The City will provide timely notice to INNS of any damage or defects to the Street Parcel and its improvements. INHS further agrees to repair or remove any such damage or defect, as directed by the City. In the event of MS's failure to effect such repair or removal, after notice from City to do so, the City may carry out the same and charge INHS for such cost, plus a 25% administrative charge. 13. The City shall be the sole owner of the improvements, and may in its sole discretion alter, remove, or destroy the improvements, at its own expense. If the City alters the improvements, including all paths, INHS obligations under this Agreement shall continue to such extent as those obligations are substantially similar in substance and scope to the obligations herein agreed, provided that the public use of the paths continues to be solely for pedestrian and bicycle access. The City shall provide INHS with notice at least ninety (90) days prior to substantially and intentionally altering, removing or destroying the improvements, permitting INHS to provide comment on such plans. 14. Notwithstanding the foregoing paragraph, the City may not during the term of this Agreement alter remove or destroy the play structure. Any damage to the play structure caused by the City shall be promptly repaired at the City's expense. 15. The City may close public access to the Street Parcel and improvements as necessary to work on the creek, canal, embankments or walls or for safety hazards posed, or on any other safety hazards posed on the Street Parcel. This restriction may limit the access of residents living in the INNS- constructed townhomes. 16. Except in the case of emergencies, the City will give notice to INHS and, as feasible, the residents of the Redevelopment Project of any substantial closures, repairs, and maintenance that it plans to perform. 17. Contingent upon the execution of this Agreement and the site plan approval for the Redevelopment Project, the City shall diligently and in good faith pursue the discontinuance process for the Street Parcel, with ultimate discretion to complete or not complete the discontinuance vested solely in the City. 18. Notwithstanding any other provisions herein, the Agreement contained herein may be revoked or modified by the City (a) upon such notice as is practical, in the event of an emergency that threatens property or the public safety or welfare, or (b) upon at least one month's notice that the Superintendent of Public Works has determined that INNS has failed to comply with any substantive term herein, and that INNS has not cured such breach within the notice period. Indemnification, Liability, and Insurance 19. INHS shall defend, indemnify, and hold harmless the City from any claims, damages, costs, and expenses arising from or in connection with physical injury (up to and including death) sustained on the Street Parcel, unless caused by defects in the property that are (a) caused by any negligence or willful misconduct on the part of the City, or (b) as to which the City received prior written notice, as defined in Section C -107 of the City of Ithaca Charter, but then failed to so inform INNS within one week of receipt thereof. 20. The City shall defend, indemnify, and hold harmless INNS from any claims, damages, costs and expenses arising out of defects in the property (a) to the extent solely caused by negligence or willful misconduct of the City. 21. When INNS and the City have both contributed to liabilities incurred by the Parties, each will indemnify the other in proportion to its respective responsibility for the act or omission that gave rise to such liability, except that the City's responsibility under this paragraph shall extend only to its negligence or willful misconduct. 22. Notwithstanding any other provision of this Agreement, in no event shall the City be required to defend, hold harmless, or indemnify INNS or any other party from suits, actions, damages, liability, or expense which, had it been asserted against the City directly, would not have necessitated the City either to defend on the merits or to incur the resulting liability under applicable law. 23. At all times that the Agreement is in effect, including during construction of the improvements, INHS shall provide proof of commercial general liability coverage in the amount of $1,000,000 per occurrence, $2,000,000 in the aggregate, and umbrella coverage of $5,000,000, and as revised by the City from time to time. The insurance policies shall include the City of Ithaca as an additional insured. INNS shall also provide proof of compliance with statutory Worker's Compensation and Disability coverage requirements. Miscellaneous 24. The City may add any unpaid fees, reimbursements, penalties or other amounts INNS owes the City by virtue of INNS' obligations and responsibilities under this Agreement to the tax bill of the INNS Property. 25. Except as otherwise set forth in this Agreement, the Parties shall bear their own costs and expenses, including engineering fees, legal accounting, and fees incurred in connection with the negotiation and preparation of this Agreement and any subsequent exercising of rights or performance of obligations set forth in this Agreement. In the event that a party is determined by a court of competent jurisdiction to be in breach of any of the substantive terms of this Agreement, the party found to be in breach shall be liable for the costs and reasonable attorneys' fees of the party that asserted and prevailed upon such claim. 26. The use by INHS of the above - described property of the City does not constitute and shall never ripen into or become a right to use any portion of such property without the consent of the City, but is and shall continue to be only a use by sufferance of said property of the City, as evidenced by a duly executed and current Agreement. 27. This Agreement supersedes all prior Agreements, understandings, and communications between the Parties, whether oral or in writing, concerning the subject matter of this Agreement. This Agreement may not be modified or amended except by a writing signed by all Parties. The waiver by a party of 0 its rights under this Agreement or of a breach by any other party shall not constitute a waiver of any other rights under this Agreement or of any future breaches by any party. 28. If any part, paragraph, or portion of this Agreement is held to be void, invalid, inoperative, or unenforceable for any reason, such provision shall be deemed severed and the remainder of this Agreement shall not be impacted and shall continue in full force and effect, unless to do so would fundamentally contravene the present valid and legal intent and purpose of the Parties. The Parties agree that each and every provision that is deemed by a court of competent jurisdiction to have been required by law to be included in this Agreement shall be deemed to be inserted herein and shall have the same force and effect as if it were actually inserted. 29. This Agreement may not be assigned by either party without the express written consent of the other party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, INNS may assign the Agreement to any entity in which it holds a controlling interest or serves as the managing member of and which becomes the owner of the INNS Property. This Agreement is not intended to benefit any third -party, and no person or entity who is not a party shall be entitled to enforce any of the rights, interests, or obligations of a party to this Agreement. 30. This Agreement shall be governed by the laws of the State of New York. Any action or proceeding relating to this Agreement shall be venued in a court of competent jurisdiction that is located in the County of Tompkins. 31. All notices required by this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, personal delivery, or facsimile at the following addresses: To the City: To INNS: Mayor City of Ithaca 108 East Green Street Ithaca, NY 14850 City Attorney City of Ithaca 108 East Green Street Ithaca, NY 14850 Executive Director 119 East Green Street Ithaca New York, 14850 32. The terms and provisions of this Agreement shall be binding upon the heirsn successors, distributees and assigns of the parties hereto. CITY OF ITHACA By: _ Name: Title: Date: Svante Myrick Mayor ITHACA NEIGHBORHOOD HOUSING SERVICES, INC. By: _ Name Title: Date: Paul Mazzarella Executive Director LIST OF EXHIBITS: Appendix A — Survey Map 5 CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850 -5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA DESARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development - 607 - 274 -6550 Community Development/IURA - 607 - 274 -6559 Email: dgrunder @cityofithaca.org Email: iura @cityofithaca.org TO: Board of Public Works Common Council FROM: Megan Wilson, Senior Planner DATE: July 22, 2015 RE: Parks Commission Recommendation on Proposed Playground and Creek Walk as Part of the 210 Hancock Street Project. Ithaca Neighborhood Housing Services (INHS) presented its proposed I development at 210 Hancock Street to the Parks Commission at its meeting on May 12, 2015. The Commission's discussion focused on the creation of a new playground and green space along a walkway adjacent to Cascadilla Creek. The playground will be located in the northeast corner of the site, along Adams Street and across from Conley Park. INHS will build and maintain the playground, but it will be open to the public. The creek walk is proposed for construction in the current Lake Street right -of- way along the east side of the project site. It will be primarily a pedestrian walkway but will be open to City and emergency vehicles. After discussion the project, the Parks Commission voted unanimously to support the development of a creek walk within the Lake Street right -of -way and the construction of a playground as part of the proposed development at 210 Hancock Street, noting that both features will be positive additions to the Northside neighborhood. The Commission also noted the importance of creating a visual connection between the new playground and Conley Park so that the new playground feels open to the public. If you have any questions or comments, please contact me at 274 -6560 or mwilson e,cityofithaca.org. 10A. To Amend Vehicle and Traffic Schedules for Bridge Street Schedule XII, Parking Prohibited at All Times, and Schedule XV, Parking Prohibited Certain Hours 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, residents of Bridge Street have petitioned to change the on- street parking regulations for the east side of the street to be No Parking, Noon to 9 P.M., from May 1St to September 30th, and WHEREAS, the Board of Public Works is in agreement with this proposal, and WHEREAS, staff has noticed that Bridge Street is not currently listed in the parking related Schedules and therefore the Schedules do not reflect the No Parking Anytime signage as currently posted on the west side of the street , now therefore be it RESOLVED, That the west side of Bridge Street, from East State /MLK Jr Street to Giles Street, be listed in Schedule XII, Parking Prohibited at All Times, to reflect the existing, posted signs, and be it further RESOLVED, That the east side of Bridge Street be listed in Schedule XV, Parking Prohibited Certain Hours, as shown below: Name of Street Side Time Limit; Hours/Days Location Bridge Street East 12pm to 9pm /All Days From East May 1 st — September 30th State /MLK Jr. St. to Giles Street Page 7 1013. Authorization to begin a Merchant Parking Validation Program — Resolution WHEREAS, a validation program was established in October 2014 to assist customers to the downtown merchants by allowing up to two hours of free parking in the city -owned parking garages, and WHEREAS, the validation program was funded by the Commons Project and the Downtown Ithaca Alliance, and WHEREAS, the program ended on July 31, 2015, to coincide with the opening of the Commons to the public, and WHEREAS, merchants are interested in establishing a new validation program through the use of the new parking pay stations which allow single -use discount codes, and WHEREAS, Tracer Tickets are already available for anyone to purchase at $.65 per hour for use in the parking garages, and WHEREAS, staff would recommend a discount parking program for merchants of the city to provide parking to their customers at a rate of $.75 per hour for on- street parking and $.50 per hour for garage parking, now therefore be it RESOLVED, That the Board of Public Works approves the establishment of a Merchant Validation Program for merchants to purchase discount codes for on- street parking at $.75 per hour and /or Tracer Tickets for garage parking at $.50 per hour to be given to customers for up to two hours of free parking. These codes and tracer tickets should be used to promote future visits to their businesses. Page 8 12A. Appeal of Water Bill for Ithaca Children's Garden at 600 Block Taughannock Boulevard — Resolution WHEREAS, in 2004 the City of Ithaca DPW Water & Sewer Division installed a water service line in the Ithaca Children's Garden. DPW installed roughly 300 -LF of 2 -inch diameter K Copper water service line along with a curb valve, 8 unions, and a tee fitting for a yard hydrant, and WHEREAS, subsequent to the installation of ICG's water service it was discovered that the 2- inch K copper tubing we had purchased was flawed, in that the outside diameter (OD) did not meet industry specifications because it was slightly smaller. This smaller OD is a problem where the pipe is coupled (joined) using compression fittings which are all designed for standard OD tubing. We have encountered leaks from loose fittings in one other locations where this pipe had also been used, and WHEREAS, DPW W &S Div. has repaired leaks on at least two compression connections at the ICG since 2004, and we recognize that there are at least 8 more locations where this run of copper tubing is joined with compression couplings where potential leaks are a high probability, and WHEREAS, DPW plans to locate existing leaks and schedule repairs for the current leaks on this service line in the Fall of 2015, and WHEREAS, the ICG is requesting relief for the years 2013 -2015 where the water billing is above a previous annual average of 168 -HCF, and WHEREAS, the difference between the previous annual average and the billing for 2013 of 177 -HCF is 9 -HCF and for the 2104 billing of 805 -HCF is 637 -HCF, and WHEREAS, 9 -HCF at the 2013 water rate of $4.73 /HCF totals $42.57, and 637 -HCF at the 2014 water rate of $5.11 /HCF totals $3,255.07, and 2015 readings to date have not yet exceeded the 168 -HCF, and WHEREAS, the ICG has been paying the bill all along, and WHEREAS, Water Department Staff recommends to the Board of Public Works based upon the forgoing that actual metered consumption above an annual 168 -HCF will not be billed until the DPW completes repairs on the water service line we originally installed in 2004, and all consumption above 168 -HCF over the last two years be refunded, now therefore be it RESOLVED, That a refund of $42.57 be made for 2013, a refund of $3,255.07 be made for 2014, and future use above 168 -HCF in 2015 not be billed to the Ithaca Children's Garden account #7717306400. Page 9 13A. Approval of Locations in Cass Park for the Public Art Commission's Mural and Street Art Program — Proposed Resolution WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise Common Council on proposals for the exhibition and display of public art in City spaces — buildings, facilities, and infrastructure — and to review development proposals for decorative elements in the city's public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several City -owned sites for inclusion on the list of potential sites in City of Ithaca Public Art Commission's Mural and Street Art Program by resolution on May 19, 2010 and approved additional sites for inclusion in the program since that time, and WHEREAS, as a result of this approval, the PAC has worked with more than 50 artists to install murals on City -owned property throughout the city, and the response to the new murals has been overwhelmingly positive, and WHEREAS, the PAC would like to consider all five outbuildings and the exterior of the main building in Cass Park as locations for future murals, and WHEREAS, the Parks Commission has discussed these sites as locations for future murals and is supportive of murals in Cass Park, provided that the murals are appropriate for a family park setting; now, therefore, be it RESOLVED, that the Board of Public Works approves the five outbuildings and the exterior of the main building in Cass Park for inclusion on the list of potential sites for the PAC's Mural and Street Art Program; and be it further RESOLVED, that the PAC will continue to work with Planning Department staff to conduct a mutually acceptable public input procedure for engaging nearby businesses, residences, and /or business and neighborhood associations for each specific project, and be it further RESOLVED, that the PAC will work with the City Attorney to ensure that any art mural RFP or contract with a participating artist reflects and accommodates the needs and constraints of the City. Page 10 I rA Lake Street Public Park Enhancements - Design Alternatives - Resolution WHEREAS, Currently, the City of Ithaca Department of Public Works and Project Consultant (Trowbridge & Wolf Landscape Architects LLP) are working on Lake Street Public Park Enhancement Project ( "Enhancement "), and WHEREAS, the Enhancement proposes safety improvement and aesthetic enhancement to the existing public park located at the southeast corner of Lake Street Bridge over Fall Creek, and WHEREAS, On December 1St, 2014, the Board of Public Works unanimously authorized Staff to undertake said Enhancement as part of Lake Street Bridge Rehabilitation Project (CP #791), and WHEREAS, On February 5, 2015, Common Council approved an increase of CP #791 by an amount not to exceed $30,000 for a total project authorization of $1,494,250,and WHEREAS, multiple design alternatives are being considered for the project, and WHEREAS, after consulting with the public and advisory groups ,City of Ithaca Engineering Department together with project consultant has recommended a design alternative which includes pedestrian safety rail design (wood handrail, galvanized steel posts with wider galvanized mesh - Alternative 2B),chip seal pavement (Alternative 1) and chain with sign as an alternative to a gate (Alternative 1), and WHEREAS, the estimated total cost to implement the recommended alternative is $199,400, and WHEREAS, total funding of $199,500 for the Enhancement is derived from $30,000 in IURA block grant, $97,500 from Regional Economic Development Council, up to $11,000 from City of Ithaca Sidewalk Program, $20,000 from Tompkins County Tourism Capital Grant Program and $30,000 from the issuance of Serial Bonds; and therefore be it further RESOLVED, that, the Board of Public Works here by approves the implementation of the recommended design alternative; and be it further RESOLVED, that, the Board of Public Works here by authorize the Superintendent of Public Works to proceed with the recommended design. LAKE STREET PARK ENHANCEMENTS DESIGN ALTERNATIVES AUGUST 19, 2015 PEDESTRIAN SAFETY RAIL DESIGN ITHACA NAC WHERE NECESSARY, INSTALL SOMETHING MORE TRANSPARENT SUCH AS A CHAIN LINK FENCE PAVEMENT DESIGN ITHACA NAC INSTALL A SINGLE PATH OF STONE DUST THAT CONNECT TO THE TRAIL AND THE OVERLOOKS GATE DESIGN ITHACA NAC USE A PERMEABLE 'SYMBOLIC' BARRIER WITH A SIGN TO WARN OF HAZARDOUS CONDITIONS SUCH AS A CHAIN PARKS COMMISSION WOOD RAILING GALVANIZED STEEL USE MORE TRANSPARENT STAINLESS STEEL CARBON STEEL WIDER MESH MATERIALS WIDER MESH FULL INFILL PARKS COMMISSION POSSIBLY REDUCE THE AMOUNT OF PAVEMENT (NO CONCENSUS) CONCRETE CHIP SEAL OR NARROW WALKWAY POROUS ASPHALT WIDTH TO 4' 1 PARKS COMMISSION SIGN ADDED TO GATE TO 3 POSITION WARNING USERS TO BE GATE W/ SIGN MINDFUL OF CONDITIONS EVEN WHEN GATE IS OPEN CHAIN W/ SIGN PEDESTRIAN SAFTEY RAIL DESIGN ALTERNATIVES AUGUST 19, 2015 CURRENT DESIGN STAINLESS STEEL ALTERNATE 1 CARBON STEEL POWDER COATED BLACK / GALVANIZED WI IPE WOOD RAIL ALTERNATE 2 CARBON STEEL GALVANIZED 1.5` STAINLESS STEEL TUBE STAINLESS STEEL INFILL - 1.5" MESH 1.5" STAINLESS STEEL POSTS 1" STAINLESS STEEL BAR - 1.5' IPE WOOD RAIL CARBON STEEL INF 2.25' MESH (BLACK) 1.5" CARBON STEEL (BLACK) 1" CARBON STEEL B (BLACK) OPTION A 1.5" CARBON STEEL RAI (GALVANIZED) CARBON STEEL INFILL 2.25" MESH (GALVANIZE 1.5" CARBON STEEL PO (GALVANIZED) OPTION B OPTION A OPTION B 1.5" IPE WOOD RAIL CARBON STEEL INFILL 2.25" MESH (GALVANIZED) 1.5" CARBON STEEL POSTS (GALVANIZED) 1" CARBON STEEL BAR (GALVANIZED) 1.5" IPE WOOD RAIL CARBON STEEL INFILL 2.25' MESH (GALVANIZED) 1.5" CARBON STEEL POSTS rGALVANIZED) W Z W JH �n Z Q o W C" Z � cm W y o Q W cm CL 0 a W O Q W Q W Y O J V W CD a ti O Z J r W � ' w/ Lj � W ii o � v � z V � w w U LL H w W W gym w Z N OZ w� � O m U I >� 4 y+l 2� g w LU a Q 0 a w OZ LU ' / m o a w j / < W o� az 3w O Z U) 2 w J l/ z m m O / Z Q w Q J m Q 0 a EXISTING SIDEWALK D7 < Q U If m . *:a PEDESTRIAN SAFTEY RAIL z N —`0 z W J z Via¢ w7� t. :3 a ¢z �w 2 L, \m Z Q w Q J m \U w k 2 Q L7 Q aA az1 ° 3w� v 1 �T V� : 1 W m 3 F w m A. WUaa r� > N g 0 U d U Q d O �Z ro Z{ w �z < W U F U° Q H Z Ny aw W EXISTING SIDEWALK D7 < Q U If m . *:a w z z 0 U Z O H C-11 CV Q LLJ LAJ J J O O Z � N 3 W W o 0 4 � k r ^+o+ ° N v w z z 0 U Z O H C-11 CV Q LLJ LAJ J J O O Z � N 3 W W o 0 4 � Lake Street Public Park Enhancement Project- Budget Summary Prepared by- Addisu Gebre Date - August 19,2015. Source of Fund Ithaca Urban Renewal Agency- Community Development Block Grant $ Reegional Economic Council- Empire State Development Program $ City of Ithaca - Sidewalk Program $ Tompkins County- Tourism Capital Grant Program $ City of Ithaca- Issunace of Serial Bonds $ Lake St Bridge Project- Shared Cost of Restoration Acess $ Estimated Enhancement Cost Construction Inspection and Construction Support Design Total Fund $ Total Cost $ Amount 30,000 97,500 11,000 20,000 30,000 11,000 199,500 Amount 154,000 15,400 30,000 199,400 CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850 -5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA DESARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development — 607 - 274 -6550 Community Development/IURA — 607 - 274 -6559 Email: dgrunder @cityofithaca.org Email: iura @cityofthaca.org TO: Addisu Gebre, Bridge System Engineer FROM: Megan Wilson, Senior Planner DATE: July 28, 2015 RE: Parks Commission Comments on Enhancements to Ithaca Falls At its meeting on July 14, 2015, the Parks Commission reviewed the proposed enhancements to the park area at Ithaca Falls. Below is a summary of comments and questions from the Commission. • The Commission believes that the walkway is critical to allowing seniors, people with strollers, and people with disabilities the opportunity to enjoy the park. The group discussed the concern that the enhancements would include too much paving/ concrete, but there was not a consensus among the members on this issue. If the amount of paving/concrete remains a concern, it was suggested that a portion of the loop could be removed, which would reduce cost and the amount of concrete while still allowing access to the area. • The Commission had mixed reactions to the proposed gate. They liked the idea of being able to close off access to the water when conditions are unsafe, but they then felt that an open gate inherently indicates to the public that conditions are safe. While the Commission generally prefers to avoid additional signage in parks, it was suggested that a sign could be added to the gate, noting that people should be mindful of conditions. • While the Commission believes a railing will greatly improve safety, several members noted that the design showing a guardrail and a fence with vegetation in between seems to be a bit much. Is it necessary to have both the guardrail and the fence? Will the guardrail and /or fence obstruct views? Is it possible to use materials that allow people to see through these barriers? • The Commission expressed concern that the project was trying to change the name of the park from Ithaca Falls to the Lake Street Park. They would like to be clear that it is Ithaca Falls. If you have any questions or comments, please contact me at 274 -6560 or m -,vilson @cityofithaca.org. ►I my", / ! "/ / / TO: Addisu Grebe, Engineer - Dept of Public Works CC: Common Council & Mayor, Board of Public Works, Supt of Public Works, Director of Planning, NAC members and liaisons FROM: Joe McMahon, NAC Chairperson DATE: August 12, 2015 RE: NAC Comments & Recommendations on Ithaca Falls Entrance Project Thank you, Addisu, for attending the July and August meetings of the Natural Areas Commission to share information and receive feedback in regards to the upcoming project at the Lake Street entranceway to the Ithaca Falls Natural Area. This is the stated purpose of the existence of the commission in the City Code, and for a project of this scope at Ithaca Falls Natural Area, or any natural area of the City, the NAC should be included in the process to the fullest possible extent. You indicated that the current design for this project already received site plan approval from the City Planning Board. However, in light of reactions and comments from the public and the NAC, you said the plan was to formulate several alternative designs (incorporating suggestions you have received), seek feedback on those designs, then ask for Planning Board approval of an amended site plan (as well as approval of any additional funding needed for the project, from Common Council). The NAC supports the idea of developing and airing alternative designs, and hopes that its suggestions will be incorporated into one or more of those designs. Included with this document are the results of votes the NAC took on August 4th, after looking at several specific components of the currently proposed plan for the area between Lake Street and the gorge leading to Ithaca Falls. I think it's important to point out that, as you witnessed, there was much input on and endorsement of many of these positions by non - voting NAC liaisons and others in attendance, including Josephine Martell and Cynthia Brock of Common Council, Jeanne Grace from DPW, Todd Bittner from Cornell Natural Areas, and others. No one in the room (not counting you) was in favor of the extensive and elaborate plan as presented, with the consensus being that while the area in question is both parkland and a City - designated natural area, it should not be altered in a way such that it contrasts or clashes with the primarily naturalistic area immediately to the east of the entrance area, leading to the creek and the falls. This has also been the overwhelming consensus from members of the public who have added to the discussion as well. Paraphrasing the words of various people who have spoken on this project, including Common Council member George McGonigal, the beauty and even the culture of the Finger Lakes has been to allow natural features to speak for themselves. We believe it's necessary to achieve a reasonable balance — between making the area "safe" and retaining /protecting its undisturbed natural character — without diminishing the wondrous experience of being there. The fenced in, overbuilt, urbanistic design that has been presented does not achieve this balance for a location that serves as an introduction and brief transition to one of our City's iconic destinations — a wild and spectacular natural treasure tucked away just a few steps from the contrasting urban environment. NAC Recommendations for Ithaca Falls /Lake St Park Re- design Project 4 August, 2015 5 voting members present 1. Gate: - Install as presented — 4 opposed, 1 vote in support; - Provide some kind of "permeable "/symbolic barrier with a warning sign that can be put in place temporarily when conditions are atypically hazardous (such as a chain across the path) - 4 in support, 1 opposed Pedestrian Guardrail (fence): - Install as presented - 5 opposed (to a fence that acts as a substantial visual barrier or intrusion, including the proposed blue stone columns, and that extends beyond what is necessary to warn of dangerous drop -off); - Where needed (to warn of drop -off, on North and part of East sides), install something less intrusive, more transparent, similar to what Cornell built along Cascadilla Gorge trail, i.e., minimalist metal posts with metal link chains — 5 in support 3. Sidewalk: - Horseshoe - shaped sidewalk, as presented — 5 opposed; - Inclusion of single path where existing "goat path" is, that connects to park features (ramp down to creek, overlook bench) — 5 in support; - Use of concrete as material for interior path — 5 opposed; - Use of stone dust as material for interior path — 5 in support 4. Concrete blocks (a /k/a "Jersey barriers ") that were "temporarily" placed atop old stone wall along east side of entrance area, many years ago: - Include removal of these blocks as part of project - 5 in support To expand further on these items (and an additional one), we'd like to add: 1. We concur that having some type of removable barrier at the ramp down to the creek area (a suggestion made by the Fire Dept), with a warning sign, can serve to bring to the public's attention that dangerous conditions exist beyond that point, without attempting to "cage" people in or lock them out. (Those who are not averse to risk - taking will undoubtedly find a way to get past any barrier, anyway — possibly causing more damage to themselves and/or the site, in the process.) While we did not have consensus on the specific design for this, we were in agreement that less is adequate. Moveable wooden sawhorses have served this purpose, but they are unsightly, and due to staffing constraints in the Public Works Dept, they aren't always removed once the higher level of risk is passed, or they eventually get tossed aside by the public. 2. We are told that the proposed "pedestrian guardrail" was designed with the intention of "matching" the one along the recently- created Six Mile Creek walkway, between Clinton and Green Streets (and beyond, to the east). We believe the different context and character of these two places does not warrant this congruency. Six Mile Creek is bordered by multi- storied buildings on each side with a wide sidewalk adjacent, while the Lake Street location has a small grassy area with a stream on one side and solid stone gorge wall or ruins, and wooded area on two other sides. To the extent fencing is necessary for ongoing safety purposes (to warn of a significant drop -off), we would much prefer to see something similar to what Cornell has done in Cascadilla Gorge (installation of a minimalist iron post -and- chain fence along the gorge trail), that can decrease the risk from falls (which currently exists due to lack of a barrier, but thankfully has not resulted in actual falls or serious injuries), over the ledge on the north side and a portion of the east side. We see no need to continue such a barrier beyond the ramp to the creek, or along the south side. To the extent that the old masonry walls on the north and east sides could be built up somewhat with attractively -laid stone (and topped with a shorter fence), that would match the historic character of the site even more. 3. The sidewalk "loop" as proposed takes up roughly 25% of the surface area of what is now a mostly grassy entrance area. This is not appropriate for either a park or natural area. Since the premier viewing area for the falls - from outside the creek bed or bank - is from the Lake Street bridge, and a bump -out for viewing is included in that design, there is no reason to design and re- purpose the entrance area as a falls viewing point. While the creek itself can be viewed from this site, due to the contours of the gorge walls, very little of the falls is visible from anywhere south of the bridge. A stone dust path can still be ADA compliant and be done for less money. 4. Quite a few years ago, the City "temporarily" deposited several large concrete blocks on top of the old stone wall at the east side of the entrance area. The NAC objects to their appearance and inclusion in a natural area (or park), and believes they should be removed as part of this project. They are unsightly and serve no compelling purpose. A fence along that side (and/or a built -up stone wall) will provide a better warning of the existing drop -off. 5. While no vote was taken regarding this, NAC members noted that the City's Guidelines for Work in Natural Areas require the submission of a written plan for the restoration of any area affected by such work, to be reviewed by the NAC. You have said that the contractor(s) for this project (and the bridge project) will understand the need for restoration and will include the cost of that in their bids, and that restoration means "putting the area back in the condition it was previously." We don't expect that to be feasible in all respects, and we ask that prospective bidders be asked to describe impacts such as tree removal, and to provide a specific, written plan for restoration, including proposed plantings, grading, etc. As you know, time was short at the August NAC meeting, to formulate the NAC's position and comments on this project and its various elements. You requested a written report as soon as possible, so this summary of major points is being provided. The NAC will continue to discuss this project, and, as time allows in the future, may submit additional comments and/or elaborate on the concerns summarized here. Again, thank you for taking the time to include the NAC and the public in this very important endeavor. We hope our input will be useful and lead to a pleasing end result of this important project at an iconic Ithaca and Finger Lakes location. j