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.
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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
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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. Ferranti, P.E., PTOE
Principal
SRF /dlk
SAProjects\2015 \35027 Cornell Residental Mixed Use State St \Report \State Street Triangle BPW Response Letter 09.28.15.docx
SR) F Page 3 of 3
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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
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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.