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HomeMy WebLinkAbout10-05-15 Board of Public Works Meeting AgendaDATE: October 5 2015 BPW MTIME: 4:45 pm LOCATION: 3,d Floor, ,F Board of Public Works City Hall, Council Chambers 108 E. Green St., Ithaca AGENDA ITEMS 7. Administration & Communications 8. Buildings, Properties, Refuse & Transit 9. Highways, Streets & Sidewalks 10. Parking & Traffic 11. Creeks, Bridges & Parks 12. Water & Sewer 13. Discussion Items A. Cascadilla Creekway Project Design No Bridge Eng. Gebre 15 min. Information will be distributed at the meeting as the City is still working with NYSDOT to finalize plans. B. State Street Triangle Development — Proposal for No Traffic Eng. Logue 15 min. Aurora Street and East State Street Right of Way Staff is hoping the Board can provide direction and support for this project. C. Discontinuance of Northern Section of Lake No City Attorney Lavine 15 min. Avenue and Eastern Section of Adams Street Please see the enclosed documentation from Assistant City Attorney Krin Flaherty. 14. New Business No 15. Adjournment Yes Time Topic Voting? Presenter(s) 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 7. Administration & Communications 8. Buildings, Properties, Refuse & Transit 9. Highways, Streets & Sidewalks 10. Parking & Traffic 11. Creeks, Bridges & Parks 12. Water & Sewer 13. Discussion Items A. Cascadilla Creekway Project Design No Bridge Eng. Gebre 15 min. Information will be distributed at the meeting as the City is still working with NYSDOT to finalize plans. B. State Street Triangle Development — Proposal for No Traffic Eng. Logue 15 min. Aurora Street and East State Street Right of Way Staff is hoping the Board can provide direction and support for this project. C. Discontinuance of Northern Section of Lake No City Attorney Lavine 15 min. Avenue and Eastern Section of Adams Street Please see the enclosed documentation from Assistant City Attorney Krin Flaherty. 14. New Business No 15. Adjournment Yes 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, City Transportation Engineer September 30, 2015 State Street Triangle Development - Proposal for Aurora Street and East State /MLK Jr. Street right of way Following up on your meeting on September 14th, please find enclosed materials from Whitham Planning & Design on behalf of the State Street Triangle project. Their analysis indicates that the proposal will not have a significant negative impact on the traffic level of service for the intersection. Their traffic counts also show that very few large trucks made the northbound right turn during the peak traffic times - three in the morning peak hour and one in the afternoon peak hour. They have provided four drawings of the intersection with tractor trailer turning movements shown - an existing condition, their proposal, and two alternatives with different curb radii. The other three topics that you discussed that are not addressed in their materials were: 1) how would this impact a future decision to convert North Aurora Street to two way traffic operations, 2) how would this impact anything related to recent discussions about runaway trucks from Aurora or State /MLK Jr. Street, and 3) would there be any financial benefit to the City from this proposal? Below are my thoughts on those topics. 1) Two way operations. For the most part, the proposal does not have much impact on a future decision to convert the 100 block of North Aurora Street to two way operations. The truck turning movement diagrams provided do show northbound trucks in preparing to make a right turn onto East MLK Jr. Street, having to swing wide, over the centerline, in order to make the turn. In the existing condition, this is not much of a problem because there is no conflicting movement - no opposing traffic. If Aurora Street were to be converted to two way traffic, this swinging wide would present a potential conflict. As their traffic counts show, the conflict would not necessarily happen often, but it would happen. The other consideration for two way operations would be the need for an additional signal pole and mast arm for southbound traffic. Though their proposal is schematic at this time, there seems to be plenty of room to locate a signal pole and foundation. That said, there are also many utilities in the current island, and it would be wise to anticipate the location of a potential signal pole base. 2) Trucks. Earlier this summer, the City participated in a Road Safety Audit in conjunction with engineers from the New York State Department of Transportation, the Federal Highway Administration, and their consultant, VHB. The final report is forthcoming, "An Equal Opportunity Employer with a commitment to workforce diversification." two but draft documents consider a few recommendations related to this proposal. One suggestion for further study is to modify the radius on this corner to better allow trucks to make the northbound right turn - just the thing we are considering with this proposal. A second suggestion is to consider rearranging traffic patterns in this area, specifically, to divert all westbound traffic from East MLK Jr. Street onto Seneca Way, make the 100 block of North Aurora Street two -way, and to close the westbound lane of the 300 block of East State Street and convert this block to one -way traffic eastbound (one could consider a westbound bike lane). A concept plan is enclosed also showing a widened sidewalk on the north side of this block. As you can see, the State Street Triangle project is essentially considering a portion of this concept by eliminating the right turn channel on Aurora Street and reconstructing the curb and sidewalk at the corner. Before getting too carried away by this big idea, I would like to caution that there are some considerable traffic issues to study before recommending any changes. However, I don t see a conflict between this concept and what the State Street Triangle project is proposing. In fact, it may be a first step in implementation, should the City decided to pursue this concept. 3) At this point, City staff have tried to be clear that any work that is approved by the Board of Public Works and for which a street permit is ultimately granted, would be done at no cost to the City (beyond staff time to review and approve). All design, construction and construction inspection costs (the City will likely require third party inspection services hired by the City) will be borne by the developer. However, the project may provide an annual financial benefit to the City for outdoor dining. According to Mr. Whitham's letter, the project will be looking at something in the range of 1,300 to 1,800 square feet of outdoor dining space. The City currently charges either $1.37/sf for a seasonal permit (April - October) or $1.67/ft for an annual permit. At the lower end of the square foot range, this would provide $1,781 or $2,171 per year. At the upper end of the range, this would provide $2,466 or $3,006 per year. I think my only other thought about this proposal at this time is that we may want to consider keeping more on- street parking in the 300 block of East State /MLK Jr. Street, or an additional loading zone. Otherwise, I am warming to this concept for its pedestrian enhancements, its potential to improve the turning movements at the corner, and its potential to lead toward other changes in the area. If the Board is generally in favor of this concept, staff can prepare a resolution for your consideration at your next meeting. I would suggest that we allow staff some flexibility in determining some details of design, e.g., the curbline at the corner might be improved by a more complex radius, without compromising the pedestrian crossing distance. If the Board has further concerns, we can certainly continue to discuss the pluses and minuses of the proposal. tiV JJ N Aurora St a -"a 0 ELI O 06W 000000P asp GO 1, 1 OZZw � jz O 06W 000000P asp GO 1, 1 WHITHAM PLANNING & DESIGN. 11C September 29, 2015 Tim Logue Traffic Systems Engineer Engineering City of Ithaca 108 E. Green Street Ithaca, N.Y. 14850 CC: Michael Thorne, Tom West, Andy Sciarabba, David Kruse, and Ronnie Macejewski Re: State Street Triangle — Proposal for Site Changes on City Property Dear Tim: On behalf of the Applicant, Campus Advantage, please find attached the following documents which constitute the Project Team's response to the Board of Public Work's questions and concerns regarding proposed Site changes on City Property for the proposed State Street Triangle Project located at 301 E. MLK/E. State Street: 1. SRF memo addressing questions and concerns related to traffic, curb alignments, and loading zones The benefits of increasing the sidewalk widths along East State / MLK Jr. Street and South Aurora Streets are clear and compelling. This key downtown crossroad is arguably the most urban intersection in the fabric of our city, and as such, should reflect that vitality in its design and form. In concord with the pedestrian liveliness of the newly renovated Commons and the popular Restaurant Row along South Aurora Street, this core Site should support and enhance the active pedestrian culture that has become the identity of our downtown, while allowing for the safe, controlled passage of vehicular and bicycle traffic. Given that this is a currently underutilized and largely inactive downtown block, the extension of the existing pedestrian and ground floor commercial culture from the opposite corners of the intersection to this Site can be nothing but a positive enhancement of the downtown Ithaca experience. The modifications to the sidewalk widths increase the pedestrian zone along East State / MLK Jr. Street and South Aurora Streets by approximately +/- 4,600 square feet, providing ample space for healthy street trees and an outdoor dining area wrapping around the corner. This dining area is anticipated to be between 1,300 - 1,800 square feet. We look forward to continuing to work with you. If you have any questions or require additional information, please feel free to contact me. Sincerely, A Scott Whitham h /innr.: rill '..'ti79. 9I ?5 Email. ��h o � c l I iti UiWSRF ASSOCIATES W W.SRFA.NFT Dansponation Engineering & Planning Cunsuliants September 28, 2015 City of Ithaca Engineering Department 108 E. Green Street Ithaca, NY 14850 Attn: Tim Logue 3495 Winton Place Building E, Suite 110 Rochester, NY 14623 phone 585.272.4660 fax 585.272.4662 RE: State Street Triangle, Aurora Street and MLK Jr. Street, City of Ithaca, NY Response to Board of Public Works (BPW) Comments at September 14, 2015 Meeting Dear Mr. Logue, This response letter was prepared to address comments made by the Ithaca Board of Public Works regarding the proposed State Street Triangle development, as referenced above. The comments brought about by the BPW in a meeting on September 14, 2015, will be referred to as "Comment Item #" and are addressed accordingly. Comment Item #I: How does this proposal impact traffic operations on East StatelNILK Jr Street and on Aurora St? Does the removal of the slip lane reduce capacity at all? If so, how much? Response: The overall level of service operates at "C" during the AM peak hour and "D" during the PM peak hour under existing, background, and full development conditions. Increasing the green time given to westbound motorists between background and full development conditions during the PM peak hour improves the westbound LOS from "E" to "D ". Although the northbound operating condition changes from LOS "B" to "C ", between background and full development conditions, the overall delay during the PM peak hour improves from 58.9 seconds to 37.1 seconds. As a result of the removal of the northbound right -turn slip lane, no discernable adverse changes in level of service or delay are projected during the AM and PM peak hours. Comment Item #2: Please provide two or three additional alternatives showing different curb alignments that would be more favorable to northbound right turning truck traffic. Response: As requested, we have provided two alternative curb alignments and corresponding turning movement diagrams for the 48' trailer (See AutoTurn Diagrams Attached). You will recall our original submission included a 35' radius for the proposed condition. Diagrams are provided showing turning movements for northbound traffic on S. Aurora Street, turning right onto E. State Street for: • The existing slip -lane condition (Original Submission) • The proposed condition with a 35' radius (Original Submission) Re: State Street Triangle, City of Ithaca, NY September 28, 2015 Response to BPW Comments at September 14, 2015 Meeting The proposed condition with a 40' radius The proposed condition with a 50' radius Each diagram also includes the resultant sidewalk widths at various locations. In the existing condition, the WB -62 truck is forced into the westbound lane of E. State Street, and into the two parking spots along the north curb line before returning to the eastbound lane mid - block. In each of the proposed alternatives the truck still has to use a portion of the westbound lane but has less of an impact on the parking spots. Instead, each alternative forces the turning movements through the intersection utilizing a portion of the loading zone instead of the parking spots. Increasing the curb radii at the intersection from 35' to 40' or 50' results in modest improvements in the turning movements onto E State Street but increases the length of the crosswalks to both the commons and the north side of E. State Street. The increased radii will have no impact on the turning movements from E. State Street onto S. Aurora Street. The usage of a WB -62 turning template is offered as a conservative analysis. It should be noted that at no times throughout the peak hours on multiple days of observations did we observe a WB -62 make a northbound right -turn movement. Given the current weight restrictions on truck traffic (save for local deliveries) and our observations, the intersection should be designed to accommodate city buses and their largest fire apparatus. A WB -62 vehicle can perform the required turning maneuvers, as illustrated in the attached figures, with the understanding that intermittent crossing of the double yellow centerline will be infrequent during off -peak travel hours; a condition of which occurs today. The larger curb radius increases the crossing distance for pedestrians requiring longer walk/don't walk intervals. The longer pedestrian phases can impact the green time given to vehicles, thus adversely impacting both user groups to varying degrees. Comment Item #3: Please provide traffic counts showing the numbers of heavy vehicles making the northbound right turn during peak hours. Response: During the AM peak hour, there were three heavy vehicles making the northbound right - turn movement at the intersection of MILK Jr. Street/Aurora Street. During the PM peak hour, there was one heavy vehicle making the northbound right -turn movement at the intersection. Comment Item #5: What impacts does this proposal have on truck loading zones on Aurora or State /MLK SO What other truck loading zones are nearby? Response: Existing loading zones and bus stops on S. Aurora Street and E. State Street in the vicinity of the project were mapped (See Loading Zones Diagram Attached). With the exception of the impact to the loading zone mentioned in Comment #2 above, the proposed curb modifications for the State Street Triangle will have no impact on existing loading zones or bus stops. 1 S R F Page 2 of 3 71"s, Re: State Street Triangle, City of Ithaca, NY September 28, 2015 Response to BPW Comments at September 14, 2015 Meeting If you have any comments or questions concerning these materials, or require any additional information, please contact our office. Very truly yours, SRF & Associates Stephen R. 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U O W d \ \ -t �� y o a O W I G- _.r °� w toQw� a O Of U 5 d - - F �Z)wc? g d < 5, ,s k, q _ i i '• AA o CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Robert A. Sarachan, Assistant City Attorney Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant MEMORANDUM To: Board of Public Works From: Office of the City Attorney . Date: September 30, 2015 Telephone: 607/274 -6504 Fax: 607/274 -6507 Subject: Discontinuance of northern section of Lake Avenue and eastern section of Adams Street Earlier this year, the Board of Public Works and Common Council authorized an agreement between the City and Ithaca Neighborhood Housing Services (fNHS) concerning redevelopment of the 210 Hancock site and certain improvements within the boundaries of the northern section of Lake Avenue and the eastern section of Adams Street. The resolutions and supporting materials are included with this memo for reference. The City agreed to seek discontinuance in exchange for INHS' commitment to develop and maintain the parcels as public spaces including a pedestrian and bikeway along the creek and playground within the eastern section of Adams St. The process to discontinue a City street City Charter Section C -71 specifies that the Board of Public Works may discontinue streets, and Charter Section 61 provides that the Board's control over decisions relating to streets and sidewalks is subject to Common Council's direction and review. As such, over the course of at least four meetings, the Board can as it sees fit take several steps, which are set out at the end of this memo, to fully consider the proposed discontinuance and its impact on the neighborhood and the City. In the event the Board determines discontinuance is appropriate, the Board's resolution will be sent to the Planning and Economic Development Committee of the Common Council for review, and then to Common Council to finalize the discontinuance. Evaluating the proposal to discontinue portions of Adams Street and Lake Avenue Discontinuance is one of the specific powers broadly granted to cities under General City Law Section 20(7). The Board's consideration of this proposal should focus on the current usefulness of the sections of streets to be discontinued and evaluate the negative impacts to residents if the street parcels are discontinued. "An Equal Opportunity Employer with a commitment to workforce diversification." To evaluate these considerations, the Board should seek input from a variety of sources. The Board should hold a public hearing regarding the impacts of the discontinuance. Staff, on behalf of the Board, can advertise the public hearing and also send out mailings to adjacent property owners as required under the Charter. In this case, the adjacent property owners are the City and INHS. The Board should also refer the proposal to the Planning Board for comment. As part of environmental review, the Board should refer the proposal to interested agencies including Common Council, IURA, Conservation Advisory Council, the County Planning Department, and any other interested parties that may be identified in the process of considering this proposal. The Board should review the environmental review forms prepared by staff, and make a declaration about the anticipated environmental impact that this action will have. It is expected that there will be no negative environmental impact as the action is limited to assessing the proposed street discontinuance. Upon receipt of all comments, the Board will begin to evaluate the proposal. In making its determination, the Board should weigh and consider the impact of the discontinuance on the community. The Board may want to specifically consider the following items in making its determination: • Impact on the area's market values; • Fire and Police Departments' ability to respond — please note that the City /INHS Agreement, paragraph 7 specifically allows the City to access the creek, and the approved site plan for the 210 Hancock Street residences contemplates that emergency response vehicles would respond to creek - facing residences via the center paved drive; • Impact on water, sanitation, and other environmental factors; • Necessity of use for residents in emergency situations and daily travel; • Any other impacts or concerns raised by discontinuance of the northern section of Lake Avenue and eastern section of Adams Street. If the discontinuance is found to have no impact on these factors, or if there will be impacts that can be addressed through use of other roads (e.g. Alice Miller Way will remain accessible through Franklin Street and the non - discontinued section of Adams Street), then the Board will make a finding that the relevant portions of Lake Ave and Adams St meet the legal definition of "useless ", and discontinue the selected portions of streets. The resolution will then go to Common Council for its review and comment before becoming final. "An Equal Opportunity Employer with a commitment to workforce diversification." Timeline and next steps Below is a tentative timeline for addressing the steps needed in this action. Staff have prepared the attached proposed resolutions and documents for each step of the Board's consideration of this action. You will note that the schedule has a break between November's public hearing and the January vote. INHS does not expect to receive a decision on the award of tax credits before January 1, 2016, and we would recommend that the Board not vote to discontinue until that award has been finalized. October 5 Staff presentation to BPW to lay out process. October 26 Board declare itself lead agency for purposes of conducting the environmental review of the proposed discontinuance; Referral to Planning Board for report; and Notifies interested agencies of proposed action. November 9 Board reviews CEQR documents, and makes a finding on the environmental impact (likely a Negative Declaration meaning that the action will not result in a significant adverse environmental impact and no Environmental Impact Statement is required); and Board holds public hearing. January 11 Vote on proposed discontinuance. January 13 Planning and Economic Development Committee considers BPW's vote, and sends concurring resolution to Council February 3 Common Council votes on resolution concurring with Board of Public Works' discontinuance. Discontinuance of the two parcels is finalized. Encl: August 24 BPW materials September 2 Common Council materials Map of area to be discontinued Proposed resolution to declare lead agency and referral to Planning Board for report Proposed Negative Declaration resolution Proposed BPW resolution to discontinue "An Equal Opportunity Employer with a commitment to workforce diversification." Board of Public Works Meeting Minutes August 24, 2015 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. Carried Unanimously B. Award of Professional Services Contract for West State /Martin Luther King Jr Street Corridor Enhancements - Resolution By Commissioner Darling: Seconded by Commissioner Warden WHEREAS, professional services proposals were received on January 20, 2015 for the West State /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 State /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. Carried Unanimously C. Resolution Authorizing Agreement with Ithaca Neighborhood Housing Services for Future Improvements to Lake Avenue and the Eastern Portion of Adams Street By Commissioner Darling: Seconded by Commissioner Jenkins 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 INNS, 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 Board of Public Works Meeting Minutes August 24, 2015 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 to 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. The Parks Commission provided the following recommendation regarding the Proposed Playground and Creek Walk as Part of the 210 Hancock Street Project: Ithaca Neighborhood Housing Services (INNS) presented its proposed 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 of 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. City Attorney Lavine explained that this resolution pertains to the block of Lake Avenue that is adjacent to Hancock Street and a small section of Adams Street. Currently, they are city streets, the proposal would discontinue the use of the street by the City of Ithaca. This resolution does not approve the discontinuance of the street; this resolution authorizes Ithaca Neighborhood Housing Services (INNS) to make the necessary improvements along Lake Avenue, with approval by the City. If the City were to discontinue the use of this portion of Lake Avenue it would take months and lots of discussion by both the Board of Public Works and Common Council before it could be removed from the City's inventory of streets. Commissioner Warden stated that he has been following the evolution and discussions of the proposed project. He knows that there have been changes made as a result of those discussions and input from the public. He questioned whether or not the neighborhood has provided input that supports this proposal? He also has some concern about the berm in the area, how it meets up with the existing park (Conley Park), how it effects the creek, and do the residents of Willow Avenue support it. Commissioner Darling asked what sort of right -of -way will the City keep along Cascadilla creek, and would the proposal maintain access for the City to do any necessary work in the creek? City Attorney Lavine responded that this agreement explicitly provides to the City of Ithaca, the right to get equipment in, and do work anytime - cart blanc. The actual design of the street right - of -way will create a path to Conley Park and the playground there. The Planning and Development Board wanted emergency vehicles and the city vehicles /equipment to have access anytime for whatever work in the area and around the creek might be needed. This proposal would help to make the street feel more like the Cayuga Waterfront Trail and be very pedestrian and bike oriented. The multi -age playground will be fenced and accessed from a portion of Adams Street. Fencing or a hedgerow will clearly delineate city property from INHS owned property. INHS will also maintain the area once the new housing project is constructed. The project will contain one building that will be one and two story townhouses, a Head Start facility, office suite, and ground floor parking. The second building will be three stories and contain one and two bedroom apartments. Board of Public Works Meeting Minutes August 24, 2015 Director of Parking Nagy asked how many parking spaces were planned. City Attorney Lavine responded that there will be sixty -four spaces. The Planning and Development Board has been reviewing this proposed project at length since February, with final approval expected on August 251'. The Board of Zoning Appeals has granted three variances for the property as well. Commissioner Jenkins asked how many townhouses are included in the project. City Attorney Lavine responded that there will be twelve two -story townhouses that will be constructed to look like typical Fall Creek homes with seven for sale and five for rent. Mayor Myrick asked Mr. Joe Bowes, from INHS, who has been involved with the project since the beginning, to talk about how public input was obtained for the project. Mr. Bowes explained that INHS bought the property in August 2014. They went through a four month community engagement process. INHS provided a really basic presentation of project for input and then proposed designs to community; from the input received they then narrowed the project down from three proposed designs to one. The community provided input for the final design. The public loved and very much supported the idea of the creek walk and closing Lake Avenue to vehicle traffic. Director of Engineering West reviewed the map and information that was presented earlier in the meeting regarding the road pavement study, and determined that the condition of Lake Avenue is very poor, so it would be good to take the street out of the city's street inventory at some point in the future because it would save the City the money it would cost to make improvements to it. Commissioner Warden asked what impact it would have on the project if the Board delayed a vote on the resolution until its next meeting. City Attorney Lavine responded that Common Council meets on September 2111J, and does not necessarily need a resolution from the Board of Public Works to vote, but it would be helpful to have the recommendation from the Board prior to their vote. Commissioner Warden expressed his concern that the neighborhood be provided with more time and opportunity to provide input into the proposal as he has received a lot of feedback from the neighborhood expressing various concerns. He would like something e- mailed to him that would indicate that the neighborhood supports the project. Commissioner Darling, as the Board of Public Works liaison to the Planning and Development Board, responded that all the public input and feedback is available online and was also provided to the Planning and Development Board before they made their decision. He stated that everyone has supported the idea of closing Lake Avenue even though they may not necessarily support the project proposed by INHS on Hancock Street. Mayor Myrick stated that he would like the Board to vote on this today. It would be good for Common Council to have their recommendation before they vote. In addition, he has heard no objections to the proposed creek walk. Commissioner Warden expressed concern about how the creek walk would interact /impact Conley Park? Commissioner Darling responded that no work is being done at Conley Park as a result of the project: but the creek walk would open up the walkway to the park for better access. He stated that the Parks Commission supports the proposal and is very interested in thinning out some of the brush there to make a nicer connection between Lake Avenue and Conley Park. INHS has no plans to do anything with the Conley Park. Board of Public Works Meeting Minutes August 24, 2015 City Attorney Lavine confirmed that no work is planned for Conley Park as a result of this project. The proposed agreement provides the City of Ithaca with a great deal of latitude across the next twenty years to make any improvements that may be needed. The City of Ithaca will not have any control over the playground that INHS will build as part of their project. Asst. Supt. Benjamin noted that there is a catch basin is located on the south side of the curb line on the corner of Lake Avenue and Franklin Street; it then goes on to Adams Street and Second Street; an area where flooding or ice jams have occurred in the past. Discussion followed on the floor regarding what options might be open to the City, when and if, the catch basin for the storm sewer should need repair or replacement. It was noted that INHS's proposed playground. to be constructed as part of their project, might interfere with work the City might need to do on the infrastructure in that area. The City of Ithaca would be responsible for the cost to repair or replace the playground after the work is completed. Supt. Thorne noted that this is a lower type concern at this point for both the City and INNS. He stated that he is sure the City could work with INHS as their project progresses to make sure something new is not built on or near the storm sewer /catch basin infrastructure. City Attorney Lavine noted that the actual construction of INHS' project is still a couple of years off from now; perhaps 2017. If INHS had to adjust the location of the playground they would be open to that; and the Board of Public Works would have a lot of leverage over the placement of it. In addition, the future discussion of discontinuance of Lake Avenue will entail a huge and lengthy process with lots of discussion by the Board of Public Works and Common Council; this concern could be raised at that time. A Vote on the Resolution Resulted As Follows: Carried Unanimously Parking & Traffic: A. A ResolutionTo Amend the Vehicle and Traffic Schedules for Bridge Street, Schedule XII Parkina Prohibited at All Times and Schedule XV, Parking Prohibited Certain Hours By Commissioner Warden: Seconded by Commissioner Darling WHEREAS, the Board of Public Works is authorized by Section 346 -4 of the City of Ithaca 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 1" to September 3011: 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: East 12pm to 9pm /All Days May 1 ' — From East State /MLK September 3011' Jr. St. to Giles Street Carried Unanimously m 9.2 Agreement with Ithaca Neighborhood Housing Services (INNS) for Future Improvements to Lake Avenue and Eastern Portion of Adams Street — Resolution 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 INNS, 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; now, therefore be it RESOLVED, That the Mayor is authorized to 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. BACK -UP ITEM 9.2 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. INHS has acquired the property known as 210 Hancock Street and 423 First Street, City of Ithaca (the "INNS Property ") and intends to redevelop the INHS Property into a mixed use residential project (the "Redevelopment Project'); b. INHS 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. INHS Obligations 4. INHS 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 landscaping 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. INHS 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 INHS. 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. INHS 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. INHS 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. INHS shall maintain all improvements and all land within the Street Parcel. INHS shall not be responsible for maintaining land outside the surveyed boundary of the Street Parcel. e. INHS 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 INHS 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. INHS 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 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 INHS 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 except for damage or defect caused by the City. In the event of INHS'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 INHS- 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 INHS has failed to comply with any substantive term herein, and that INHS 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 INHS within one week of receipt thereof. 20.The City shall defend, indemnify, and hold harmless INHS 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 INHS 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 INHS 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. INHS 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 INHS owes the City by virtue of INHS' obligations and responsibilities under this Agreement to the tax bill of the INHS 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 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, INHS 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 INHS 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: Mayor City of Ithaca 108 East Green Street Ithaca, NY 14850 To INHS: City Attorney City of Ithaca 108 East Green Street Ithaca, NY 14850 Executive Director 115 West Clinton Street Ithaca New York, 14850 32. The terms and provisions of this Agreement shall be binding upon the heirs, successors, distributees and assigns of the parties hereto. CITY OF ITHACA INC. By: _ Name Title: Date: ITHACA NEIGHBORHOOD HOUSING SERVICES, Bv: Svante Myrick Name: Paul Mazzarella Mayor Title: Executive Director Date: LIST OF EXHIBITS: Appendix A — Survey Map LEGEND 1. COMMERCIAL GROUND FLOOR WITH RESIDENTIAL ABOVE 2. COVERED PARKING WITH RESIDENTIAL ABOVE 3. TOWNHOMES 4. BIKE PARKING 5. BUS STOP 6, INTERIOR STREET 7. BICYCLE AND PEDESTRIAN WAY 8. PLAYGROUND KEY MIXED USE BUILDINGS MULTIFAMLY BUILDINGS TOWNHOMES SCALE su M7114, i J 3 i— [i 2 3 ' i� 1 AUGUST 11 2015 .. 210 Hancock Street Redevelopment SITE PLAN °, NNOA M3N 'KiN000 SNIM HM 'V3VHL 30 All0 p W 133a1S 1 GNIV FZti F G� e F a 13MIS NOOONVH O LZ 'oN dVW J.3ANns 17' TM IrT affiEffivm-A EE .6 yyf_ gg q N3380 V1110V0SV0 .WYW' .14LYDC N i lk i nl !- d���i� $ :q k' ~ � I = p 1i t i Q �a 133815 1SHU Board of Public Works Agenda Item October 5, 2015 for Discussion October 26, 2015 Vote Proposed Resolution to Declare BPW Lead Agency for purposes of Environmental Review of the Discontinuance of the Northern Section of Lake Avenue and Eastern Portion of Adams Street and Referral to Planning Board for Report on the Proposed Discontinuance WHEREAS, the proposed action involves the discontinuance of portions of two City streets, namely Lake Avenue and Adams Street, which collectively are referred to as the "Street Parcels" and are more particularly described as follows: That portion of Lake Avenue commencing at the western corner of Lake Avenue and Hancock Street, running northeast approximately 37 feet, then 393 feet to the northwest to meet the eastern corner of Lake Ave and Adams Street, then 173 feet to the southwest to meet the eastern curb face line of Alice Miller Way, then southeast approximately 73 feet, then northeast approximately 167.5 feet, and then southeast approximately 327 feet to the beginning, and WHEREAS, if the above - described Street Parcels are discontinued, they will be used for green space, pedestrian and bicycle space, and a public use playground, in accordance with the approved Site Plan dated August 25, 2015 and the Agreement executed between Ithaca Neighborhood Housing Services (INNS) and the City on September 4, 2015, and WHEREAS, State Law and Section 176 -6 of the City Code 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 WHEREAS, the proposed discontinuance of the northern section of Lake Avenue and the eastern section of Adams Street is a Type I Action pursuant to the City Environmental Quality Review (CEQR) Ordinance because it occurs wholly within 100 feet of Cascadilla Creek, which requires environmental review under CEQR, and WHEREAS, Section C -71 of the City Charter grants the Board of Public Works the authority to "lay out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the streets, highways, bridges and crosswalks," and Charter Section C -61 provides that the Board shall "have control' of the City department pertaining to "Streets and Sidewalks" and its property, albeit "subject to the limitations herein contained and the direction and review of the Common Council," and WHEREAS, the Planning Board typically is provided an opportunity to report on a proposal to discontinue a street prior to its discontinuance; now, therefore, be it RESOLVED, that the Board of Public Works of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed discontinuance of the Street Parcels; and further be it RESOLVED, that the Board of Public Works hereby refers the proposal to discontinue the Street Parcels to the Planning Board to make a report within thirty days of the passage of this resolution. Board of Public Works Agenda Item November 9, 2015 Vote Proposed Resolution — CEQR — Negative Declaration of Environmental Significance for purposes of the Environmental Review of the Discontinuance of Northern Portion of Lake Avenue and Eastern Portion of Adams Street WHEREAS, the City of Ithaca is considering a proposal to discontinue the northern section of Lake Avenue and eastern section of Adams Street, and WHEREAS, the proposed discontinuance involves portions of Lake Avenue and Adams Street, which collectively are referred to as the "Street Parcels" and are more particularly described as follows: That portion of Lake Avenue commencing at the western corner of Lake Avenue and Hancock Street, running northeast approximately 37 feet, then 393 feet to the northwest to meet the eastern corner of Lake Ave and Adams Street, then 173 feet to the southwest to meet the eastern curb face line of Alice Miller Way, then southeast approximately 73 feet, then northeast approximately 167.5 feet, and then southeast approximately 327 feet to the beginning, and WHEREAS, if the above - described Street Parcels are discontinued, they will be used for green space, pedestrian and bicycle space, and a public use playground, in accordance with the approved Site Plan dated August 25, 2015 and the Agreement executed between Ithaca Neighborhood Housing Services (INNS) and the City on September 4, 2015, and WHEREAS, this is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act, and is subject to environmental review, and WHEREAS, the Full Environmental Assessment Form (FEAF) has been distributed to Common Council, Planning Board, Ithaca Urban Renewal Agency, City Conservation Advisory Council, Tompkins County Planning Department, and other interested parties, and all have been given the opportunity to comment on the proposed action, and any received comments have been considered, and WHEREAS, on October 26, 2015, the Board of Public Works declared itself Lead Agency for the environmental review of the action, and WHEREAS, the Board of Public Works, acting as Lead Agency in environmental review, has reviewed and accepted the Full Environmental Assessment Form (FEAF), as adequate; and, now, therefore, be it RESOLVED, that the Board of Public Works hereby adopts as its own the findings and conclusions more fully set forth in the Full Environmental Assessment Form, Parts 1, 2, and 3; and be it further RESOLVED, that the Board of Public Works determines the proposed action will not have a significant impact on the environment, and a Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Board of Public Works Agenda Item January 11, 2016 Vote Proposed Resolution — Discontinuance of Northern Portion of Lake Avenue and Eastern Portion of Adams Street WHEREAS, presently before the Board of Public Works is a proposal to discontinue the northern section of Lake Avenue and eastern section of Adams Street, and WHEREAS, the proposed discontinuance involves portions of Lake Avenue and Adams Street, which collectively are referred to as the "Street Parcels" and are more particularly described as follows: That portion of Lake Avenue commencing at the western corner of Lake Avenue and Hancock Street, running northeast approximately 37 feet, then 393 feet to the northwest to meet the eastern corner of Lake Ave and Adams Street, then 173 feet to the southwest to meet the eastern curb face line of Alice Miller Way, then southeast approximately 73 feet, then northeast approximately 167.5 feet, and then southeast approximately 327 feet to the beginning, and WHEREAS, the portions of Lake Avenue and Adams Street subject to this discontinuance are depicted on the survey map titled "No. 210 Hancock Street and No. 423 First Street ", prepared by Darrin A. Brock, L.S. of T.G. Miller P.C. on August 12, 2015, which is hereby incorporated by reference, and WHEREAS, upon the City's decision to discontinue the above - described Street Parcels as City streets, the Street Parcels will be used for green space, pedestrian and bicycle space, and a public use playground, in accordance with the approved Site Plan dated August 25, 2015 and the Agreement executed between Ithaca Neighborhood Housing Services (INHS) and the City on September 4, 2015, and WHEREAS, New York's General City Law, Section 20(7), grants to cities the authority "to lay out, establish, construct, maintain, operate, alter and discontinue streets;" and WHEREAS, City Charter Section C -71 grants the Board of Public Works the authority to "lay out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the streets, highways, bridges and crosswalks," and Charter Section C -61 provides that the Board shall "have control" of the City department pertaining to "Streets and Sidewalks" and its property, albeit "subject to the limitations herein contained and the direction and review of the Common Council," and WHEREAS, to the extent that the Planning and Development Board of the City is required to have an opportunity to comment upon the proposed discontinuance of a City street, such opportunity was provided in this case, and such comments (approved on ) were received; and WHEREAS, the City Charter requires that a public hearing be conducted before a street is discontinued, and the City conducted such duly- advertised public hearing on November 9, 2015; and WHEREAS, environmental review of the proposed discontinuance has been completed by Board of Public Works acting as lead agency, with a negative declaration of environmental significance (approved on November 9, 2015); and WHEREAS, the Board in considering the usefulness of the Street Parcels, considered how discontinuance of these portions of Lake Ave and Adams Street would impact the following: - area's market values; - fire and police department's ability to respond; - water, sanitation, and other environmental factors; - use by residents in emergency situations; - use by residents in daily travel; - other impacts raised in public hearing or comment; and WHEREAS, the Board in considering these impacts, finds that the discontinuance of the Street Parcels is found to have ; and WHEREAS, the Board finds that the interests of the public, and specifically, residents of Alice Miller Way, will be reasonably protected, notwithstanding the discontinuance of the Street Parcels as City streets, as the non - discontinued portion of Adams Street and Franklin Street provide reasonable access to and from Alice Miller Way for purposes of daily travel and in cases of emergency; and now therefore be it RESOLVED, that the Board hereby determines that discontinuance of the Street Parcels will not negatively impact the immediate surrounding community or the City in that: - it is not expected that market values will decline due to discontinuance, and the construction of INHS improvements may enhance market values within the neighborhood; - the City's agreement with INHS preserves Fire and Police emergency access through the discontinued Street Parcels so that public safety and emergency access will not be impaired by discontinuance; - the Board finds that less vehicular traffic and increased green space will likely benefit Cascadilla Creek; - by the terms of the Agreement with INHS, INHS will be responsible for maintaining improvements, trash removal, and general sanitation of the discontinued portions of street, and if INHS fails to perform, the City may perform the work and charge INHS for its work; - other environment factors or impacts — ; and RESOLVED, that the Board therefore finds the Street Parcels "useless" as City streets, as that term is defined in State law; and RESOLVED, that the Board further determines that the proposed discontinuance, and the corresponding agreement executed with INHS, will result in the beneficial development of a landscaped pedestrian and bike way along Cascadilla Creek and playground accessible to the public, installed without cost to taxpayers, and will lessen the workload for the Department of Public Works as a result of INHS' commitment to maintain the discontinued Street Parcels and avoiding the need to reconstruct or repair either portion of the discontinued Street Parcels; and RESOLVED, that pursuant to the authority granted to cities, under Section 20(7) of the General City Law, and as delegated to the Board of Public Works by the City of Ithaca, in Section C -71 of the Charter of the City of Ithaca, the Board hereby discontinues as City streets the Street Parcels, and RESOLVED that this determination be sent to Common Council for its direction and review as indicated in Charter Section C -61.