HomeMy WebLinkAbout12-08-10 Board of Public Works Meeting Agenda1W
A meeting of the Board of Public Works will be held on Wednesday, December 8, 2010, ai
4:45 p.m. in Common Council Chambers - Third Floor, City Hall, 108 East Green Street,
Ithaca, New York.
1. Additions or Deletions to Agenda
2. Mayor's Communications
3. Communications and Hearings from Persons before the Board
4. Response to Public
Approval of Minutes
6.1 November 17, 2010 Board of Public Works Meeting Minutes— ResolutiJ
8.3 Parking and Traffic
8.3A 2011 Hourly Parking Rates —Resolution
8.313 West End Parking Rates — Resolution
9.1 Buildings, Properties, Refuse, and Transit
9.1A Fee Schedule for Use of City Property — Update and Discussion
9.1 B Request for Encroachment License for 302 Mitchell Street —
Discussion/Possible Resolution
1.2 Highways, Streets, and Sidewalks
9.2A Request for Expungement of Sidewalk Assessment for 218-2
University Avenue — Executive Session I
am jim
Ir- TIM
If you have 8 disability that will require special errongennentstobamedeinorderf0ryout0fu|k/p8
in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting.
The Board of Public Works meets on the second, third and fourth Wednesdays of the month at 4:45 p.m. All meetings are voting
meetings, which opens with a public comment period. Meeting agendas are created from prior public input, Department operating
and planning ismueo, and requests made 0u the Superintendent. The Board reserves the right to limit verbal comments 0uthree
minutes and 0o request written comments on lengthy or complex issues. This information may then be used to create committee
agendas, with the speaker 1h invited to atte
q i
I don't agree that parking in a garage should be sold on the same terms as short term, on-
street parking (by the minute). If we have priced the meters correctly, they can find their
parking in small increments at the open meters if that is what they want.
I find it disingenuous that downtown merchants want the benefits of not being in a mail for
themselves, but expect city government to provide mail amenities. Parking in a nearby
garage is better than being out on acres of asphalt. Downtown is not the mail. Let's be
confident in what we are.
If you wish to propose alternate resolutions and reasoning, then this should provide a place
to start, or depart, from.
The Board was interested in agreements, formal or informal, related to west end parking. I
have located the Boat Yard Grill agreement which is attached. Tim is seeking more
information. I have attached his request and my response, but it is not the last word.
9.1A Fee Schedule for Use of City Property — Update and Discussion
Please bring the information distributed in the November 30, 2010 agend
This is a carry over item from the agenda for November 30, 2010. Dan Hoffman will b'�"M
seeking your input so that we can prepare to adopt the tables needed to implement th
program. I
VT. J. Gray, P. E.-
Superintendent of Public Works
December 3, 2010
MM
KRIM 111: VZUTIV�tz M r W. MIT I
Dryden Road Garage
Downtown
Actual
Proposed
Hourly RateS5
garages
2010 Rates
2011 Rates
Increase by $1
Effective
Effective
am. are
6/1/10
1/1/11
Amount Changed
Seneca, Green, Cayuga
Street Garages"
Surface Lot: Green
$1.50/hour
0-1
0
$1
Remove 1 free hour
August 15)
Every hour
Downtown
$0.75/hour
$0.75/hour
thereafter
ME
$1/hour
$1/hour
No change
R-Werg i 1 �1
Maximum
2 hr. max.
$7/dav
$7/dav
Dryden Road Garage
Downtown
garages
$3
$4
Increase by $1
am. are
Parking Meters and Pay and Display
Surface Lot: Green
$1.50/hour
$1.50/hour
Drvden Road Summer Rates
(June 1 —
August 15)
No change
Downtown
$0.75/hour
$0.75/hour
No change
ME
AiRK41 i I I I 191
$1.00/hr
R-Werg i 1 �1
2 hr. max.
2 hr. max.
No change
Collegetown
$1.00/hr
$1.00/hr
2 hr. max.
2 hr. max.
Bulk Purchase: Garage
$26.00/
Thurston & Stewart
$26.00/
$0 . 50/hr
Tokens or Value Card
40 hours
Ave. & Edgernoor
40 hours
9 hr. max.
25 cents /hr
InIffilm- NOWNIN I'll
Foot Notes
Page 5
Downtown
garages
$3
$4
Increase by $1
Parking Meters and Pay and Display
Surface Lot: Green
$1.50/hour
$1.50/hour
Street Garage 7
No max.
No. max.
No change
Downtown
$1.00/hr
$1.00/hr
2 hr. max.
2 hr. max.
No change
Collegetown
$1.00/hr
$1.00/hr
2 hr. max.
2 hr. max.
No change
Thurston & Stewart
$0.25/hr
$0 . 50/hr
Increase by
Ave. & Edgernoor
9 hr. max.
9 hr. max.
25 cents /hr
Foot Notes
Page 5
6 — The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and customers, for
which the City charges TC3 88 percent of posted rates for the accumulated parking fees.
7— In 2010, the pay station for the Green Street Surface Lot maybe changed to accept credit cards, at which time the
hourly rate shall be increased to $2 per hour.
-..- .
mill,
(Full Resolution)
I I I IV I a [Lai I or. to ON, t5a I it 1�'Unml I I M-2 Is lim4pQ1 '110-
FR. r. A mal 1*0101010'It -a
W-MEREAS, the following chart contains the entire rate structure for all rates within the Ci
for 2011, and i
TIT
parking facilities on November 30, 2010, now, therefore be it
RESOLVED, That the Board of Public Works hereby adopts the proposed 2011 hourly parking
lates as follows in the attached table; and, be it further
RESOLVED, That all rates shall go into effect January 1, 2011, and shall remain until the
Board of Public Works directs otherwise.
g�
Actual
Proposed
Monthly Permits
2010 Rates
2011 Rates
Effective
Effective
Amount
8/1/10
1/1/11
Changed
Seneca Garage, Day and Night
F�WIW
3% increase'
Contract with Hotel'
$46.38/mo
F-mort, =
Contract with Ciminelli2-
T.-ToTe M
Eel U. T.-I I T14 I UM W. I ZEN rm Dr.- IV, F 1 -1 NO
$72.00/mo
3% increase
Contract with Ciminel li2
�41
...
$57.50/mo
3% increase
$44.90/mo
$44.90/mo
No increase
Premium Area Rates
Fvl�# # �Ws
Dryden Road Garage
Day 6:00 a.m. - 9:30 p.m.
$11 0.00/mo
$113.00/mo
3% increase
Night 6:00 p.m. - 6:00 a.m.___�
113 a 900M,
Discounted Hourly (250
hours)l
Day and night (24 hours)
J $220.00/mo
1$226.00/mo
3% increase
Other Non-Meter Permit Parking
M,
Contract with County (DSS)4
No Increase
g�
Dryden f.• Garage
t •- '•.• August
).75/hour !s • `
r
Sulk Purchase: Garage Tokens I $26.00/
or Value Card 40 hours No change
• • • -
« - ! • $1.50/hour Street Garage7
No max. No max.
Actual
Proposed
Proposed
Weekly Rates
2010 Rates
2011 Rates
2010 Rates
2011 Rates
Effective
Effective
Amount
Effective
1/1/10
Changed
Seneca Garage, Day and Night
6/1/10
1/1/11
3% increase
Green Street Garage, -11kay and Night
1�0
3% increas
Dryden Road Garage, Day OR Night
0
$1
Dryden Road Garage, 24 Hours
Every hour
Dryden f.• Garage
t •- '•.• August
).75/hour !s • `
r
Sulk Purchase: Garage Tokens I $26.00/
or Value Card 40 hours No change
• • • -
« - ! • $1.50/hour Street Garage7
No max. No max.
Actual
Proposed
r,
Hourly ates5
2010 Rates
2011 Rates
$1.00/hr
Effective
Effective
6/1/10
1/1/11
Amount Changed
Seneca, Green, Cayuga Street Garages
' ! !
Increase worth �1 $25,000
0 — 1
0
$1
Remove 1 free hour
Every hour
thereafter
$1 /hour
$1 /hour
No change
Maximum
$7 /dav
$7 /dav
Dryden f.• Garage
t •- '•.• August
).75/hour !s • `
r
Sulk Purchase: Garage Tokens I $26.00/
or Value Card 40 hours No change
• • • -
« - ! • $1.50/hour Street Garage7
No max. No max.
Foot Notes
1 — Volume discount rate for 104 spaces — see contract dated June 6, 2006. Rate adjustment annually on 8/1 based
on average increase in other rates, but not more than 3%
2 — Up to 40 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage
rate); up to 100 permits in Green Street Garage, up to 150 permits in Cayuga Street Garage, total not to exceed 250
Page 8
r,
• • -
�•
$1.00/hr
$1.00/hr
•r a.a
Thurston
$0.25/hr
' ! !
Increase worth �1 $25,000
Foot Notes
1 — Volume discount rate for 104 spaces — see contract dated June 6, 2006. Rate adjustment annually on 8/1 based
on average increase in other rates, but not more than 3%
2 — Up to 40 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage
rate); up to 100 permits in Green Street Garage, up to 150 permits in Cayuga Street Garage, total not to exceed 250
Page 8
permits. Right to purchase additional 150 permits at posted rates —see contract dated June 6, 2006. Ratebochonge
for first 250 ponnde after August 1' 2007. `from time to time" based on percentage change in the CPI between
adjustment dates. The rate was last changed on January 1.2O0Q. based un August 20O8CPI. The current CPI isstill
less than August 20O8.
3— Up to 150 total permits in Green Street and Cayuga Street Garages ut lowest permit price available for those
spaces; up to 50 permits in Seneca Street Garage at lowest posted monthly rate for Seneca Street Garage spaces
(Seneca spaces are only available if Green Street and Cayuga Street Garages are full). Thomas Associates is eligible
for volume discount fee structure — not currently applicable. This contract expired October 31,201O.
4 — The County's Mental Health/Library agreement for 100 spaces in Green Street Garage (and/or Lot D) will remain in
effect for ten (10) years, or for as long as the building at 10 1 East Green Street is owned by the County and used for
public library purposes, whichever period iashorter. Both parties agree bu work in good faith to negotiate asuccessor
agreement ot the expiration uf this agreement. The rate charged in the lowest rate charged to anyone. The agreement
was signed November 2O.2O0O.ao expires in November 2U10. County's OS8 agreement for 2O spaces onWest
State Street (in "Fire Station lot") expires December 31, 2016.
5 — The Chamberlain's office is working on programming a permitthat is valid for a fixed number of hours per month,
to replace the day permits and the night permits at Dryden Road. Calculating fees at the booth when customers exit
outside the permitted time period inproblematic. |f successful, the hourly permit will bu issued in place of the duyand
night permits.
5— Fees charged: Downtown garages, 2:00 a.m. to 9:00 p.m.. Monday through Friday: Dryden Road garage and
Green Street Surface Lot, 24 hours /7days.
6 — The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and customers, for
which the City charges TC3 88 percent of posted rates for the accumulated parking fees.
7— In 2010, the pay station for the Green Street Surface Lot maybe changed to accept credit cards, at which time the
hourly rate shall bo increased io$2 per hour.
I AIIA��
WHEREAS, the City has four parking lots in the west end which it has expended both capi
and operating dollars on, but does not exercise any control over, even as they appear to b
increasingly more active, and I
WHEREAS, staff has proposed a combination of hourly and permit parking for all four lots
which will help provide control over the utilization of these lots, provide uniform public access
to the parking, and will begin to partially pay for the expenses associated with maintaining
those lots, now therefore be it
V�I
Page I of 2
From: Bill Gray
To: Bohn, Nels; BPW; Cornish, JoAnn; Holcomb, Julie; Logue, Tim; Parsons, Debra; Radke, Phyllis;
West, Tom
Subject: Re: Question about west end parking arrangements
CC: Gehring, Kathrin
im
I am not aware of any formal agreements for parking in the west end, other than an. agreement having to do
with use of the old Taughannock Boulevard ROW for parking at the Boat Yard Grill, which I believe the BPW was
asked to abandon so that the IURA(?) could enter into an agreement.
The parking lots at the intersection of old Taughannock Boulevard and Route 89 and at Fulton and Court were
lots built by the state on the city street ROW (Taughannock) or on excess property (Court) that the DOT then
gave to the City at the end of the Octopus project. I am not aware of any formal agreements. The lot at Court
and Fulton was reparations to the city for removing all the on street parking on Fulton in an area that still had a
modest residential component.
The city acquired a house in the 600 block of Buffalo and tore it down to build a parking lot because of the
loss of parking on Buffalo and increased traffic due to the new connection of Buffalo to Rt. 96 Cliff Street. All
lots were considered necessary to assist the transition of these areas to different land uses as a result of the
changed traffic flows. The project was built in 1996 and we are seeing that transformation play out slowly.
We are seeing the use of the lots transition from its original residential use to a commercial use. I believe that
it is appropriate for the city to begin controlling the lots and collecting revenues for their use. If the lots are not
needed (no one wants to pay for them) we can convert the lands to higher and better uses, perhaps by selling
them. If the lots are needed they will need maintenance and eventual improvements. It is difficult to measure
their need unless they have a value placed on them and people continue using them.
In the case of the Inlet Island lot, it is my understanding that zoning was set up to allow others land owners
to under build parking with the understanding that the city owned lot would be developed and eventually would
become a garage to concentrate parking and free up development of adjacent property. Since that land use is
expanding and the land owners wanted the lot improved to better reflect their quality services I would say we
have reached the transition that requires placing a value on the parking and the start of measuring its utility.
I have a call into Thys Van Cort to see if I can recover any other agreements he is aware of.
Bill
>>> > Tim Logue 12/2/2010 11:49 AM >>>
>
Hello all,
At the Board of Public Works meeting this past Tuesday evening, a few BPW Commissioners asked if staff could
research any existing parking agreements, formal or informal, for surface parking lots in the West End and on
Inlet Island. I'm asking for your help to identify and such agreements.
Attached is a map showing City owned parking lots in the area. This is a first draft from the GIS team and is still
in progress. A few things I note:
1. The Fulton & Court lot is shown as just along Fulton, whereas I understand it to be one double-sided bay
(both sides of the aisle).
2. There is a building shown on W. State, between Meadow and Fulton, that I believe is a mistake.
about:blank 12/2/2010
Page 2 of 2
3. It does not show the small lot by the Boatyard Grill asCity owned, but lbelieve there is some City or IURA
stake, I don't know what.
Please let me know if you have other corrections on the map.
If you know of any agreements with the City about these parking lots, please let me know. Phone is 274-6535 if
that is easier. Particularly if you know of formal agreement, the BPVV would be interested in o Copy.
thanks aomuch,
Tim
Tim Logue
City Transportation Engineer
Office ofthe City Engineer
City ofIthaca
108 E. Green St.
Ithaca, NY148SU
(607) 274-6535
tim|o@cKxofithaca.org
Ob0ut]llaUzk 12/2/2010
CITY OF ITHACA
108 East Green Street — 3`d Floor Ithaca, New-York 14850 -5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
H. MATTHYS VAIN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 607 -214-6550 Community DevelopmentAURA - 607 -274 -6559
Email: planningrn- cityofithaca_org Email: iura@cirrofithaca.org
Fax: 60--2-4-6558 Fax: 607 -274-6558
MEMORANDUM
TO: Julie Conley Holcomb, City Clerk
FROM: Colette Larkin, Ithaca Urban Renewal Agency
RE: Easement Agreement between lthftea: Uar a Rp„Pi _ � and Marina Realty
of Ithaca, LL"--' for Public Waterfront Promenade (Inlet Island), Activity 1.4, 1997
CDBG CCI #B- 97 -DH -36 -0017 to be filed with the original agreement dated
3/14/01.
DATE: April 15, 2002
Enclosed for your records is the fully executed Easement Agreement between Ithaca Urban �-�` )
Renewal Agency and Marina Realty of Ithaca, LLC for Public Waterfront Promenade (Inlet
Island), Activity 1.4, 1997 CDBG CCI #B- 97 -DH -36 -0017 to be filed with the original
agreement dated 3/14/01.
This is the original easement that was returned after filing with the Tompkins County Clerk. A
copy of this easement has been filed with the City Clerk as part of the Loan Agreement with
MRI dated 3/14/01. I have attached a copy of this cover memo dated June 27, 2001 for your
reference.
cc: Administration Files IURA
Chrono
Q\Plannins \Community Development\Admin Files \Cover Memo \City Clerk Cover Memo
'An Equal Opportunity Employer with a commitment to workforce diversification."
linR 905 PAGE 32 �, -
EASEMENT AGREEMEN =Eu ' _'
- r -
THIS INDENTURE, made this day of r y200t, between MARINA
REALTY OF ITHACA. LLC ( "MRI ") of 525 Taughannock Boulevard, Ithaca. NY 14850, and
the CITY OF ITHACA ( "the City ") of 108 East Green Street, Ithaca, NY 14850.
WHEREAS. MRI is the owner of real property located in the City of Ithaca, Tompkins
County, on Taughannock Boulevard (hereafter referred to as "the Property ") shown as "Parcel
1" and "Parcel 2" on a survey map entitled "Survey Map showing lands of Marina Realty of
Ithaca, LLC, City of Ithaca, Tompkins County, New York" by Lee Dresser, L.S. 050096, of T.G.
Miller, P.C., dated February 10, 2000, as amended on May 19, 2000 (hereafter referred to as
"the Survey "), filed in the Tompkins County Clerk's Office at Drawer LL,
pane 108 , which parcels
are known as City of Ithaca tax parcel 43. -1 -I (Parcel 1) bearing the address of 525
Taughannock Boulevard, Ithaca, New York, and tax parcels 43. -1 -2 and 52 -1 -1 &2 (Parcel 2),
bearing the address of 435 Taughannock Boulevard; and
WHEREAS, the City is the owner of a parcel of property indicated as "Old
Taughannock Boulevard" on the above- referenced survey map; and
WHEREAS, the Board of Public Works of the City of Ithaca discontinued a portion of
Taughannock Boulevard by resolution passed on April 27, 1977, and the southerly boundary
of the discontinued portion is marked by a gate and chain link fence, as shown on the Survey
Map; and
WHEREAS, the Board of Public Works of the City of Ithaca held a public hearing with
regard to the discontinuance of a further portion of Taughannock Boulevard, and on
passed a resolution to discontinue a portion of Taughannock Boulevard between the southerly
boundary of the previously discontinued portion, and the boundary line shown on the Survey
e_ \iura \mri108- 800.par /3 June 1, 2000 1
11SIR 905 PAGE , 3
Map, which boundan- line commences at the southeast corner of property nwv or formerly of
New York State (478/960), and runs thence N 73 degrees 30 minutes 34 seconds east a distance
of 60.36 feet; and
WHEREAS, %IRI is constructing a restaurant which will be open to the public on Parcel
1, and seeks to construct a parking lot on Parcels 1 and 2, and in part on the discontinued
portion of Taughannock Boulevard, which portion is shown as Parcel A on the Survey Map; and
WHEREAS, MRI has obtained site plan approval from the Planning Board of the City
of Ithaca for improvement of the property, including the parking lot; and
WHEREAS, the City is in need of a parking lot accessible to the general public on the
Property; and
WHEREAS, the City is in need of a space within which to turn around city vehicles on
the discontinued portion of Taughannock Boulevard;
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and
valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows:
1, The City hereby grants and releases to MRI, its successors and /or assigns, an easement
to construct and maintain a parking lot on the Property, and subject to approval of the
City of Ithaca Planning Board, which parking lot will in part be located on the
discontinued portion of Taughannock Boulevard shown as Parcel A on the Survey Map.
2. Unless the easement is sooner terminated by the City pursuant to the terms of this
Easement Agreement by reason of the failure of MRI, its successors and/or assigns to
comply with the terms and conditions set forth in this Agreement, and provided that
parcels 1 and 2 are owned by MRI, its successors and /or assigns or an affiliated legal
c: \iura \mri 108- 800.par /3 June 1, 2000
mER 905 PAGE 34
entity with the same principals, or the property is used as a restaurant and boatyard
facility, the term of this easement agreement shall be as follows: There shall be an initial
term of five (5) years, which shall be renewable for three (3) additional five year periods
at the option of MRI, its successors and/or assigns, provided that the City receives notice
of intent to renew the Agreement no less than ninety (90) days prior to expiration of
each five year term; and further on condition that at the time the option to renew is
exercised, MRI, its successors and /or assigns are in full compliance with all the terms
and conditions of this Easement Agreement. Upon the expiration of this easement
agreement, the agreement shall remain in effect until such time as either party gives the
other ninety days' written notice of the termination thereof.
3. This easement is subject to the following terms and conditions:
a. The parking lot shall be made available to the general public at no charge.
b. MRI shall install and maintain signs at or near the entrance to the parking lot
clearly indicating that it is a public parking lot.
C. MRI shall impose and enforce a twelve hour limit on parking in the parking lot.
d. MRI shall be solely responsible for maintenance and repair of the parking lot,
including, but not limited to, snow plowing, raking and resurfacing. The
parking lot shall be maintained in a clean and safe manner and consistent with
the conditions of the site plan imposed by the Planning Board of the City of
Ithaca, and any subsequent modifications of the site plan by the Planning Board.
e. MRI shall obtain liability insurance coverage for the parking lot in the amount
of no less than $1,000,000.00 per incident, and shall name the City as an
cAiura \mri108- 800.par /3 June I, 2000 3
its[R 905 PAGE 35
additional insured on the policy.
f. MRI shall indemnify the City and hold it harmless from any and all liability
arising from the use and maintenance of the parking lot.
g. There shall be no use, possession or sale of illegal substances in the parking lot.
Receipt by the City of credible information by the City that MRI is involved in,
or knowingly allows the use, possession, or sale of illegal drugs in the parking
lot shall constitute violation of this condition.
h. MRI may not lease the premises to a third party without the written consent of
the City. MRI may assign its responsibilities to an affiliated legal entity with the
same principals without such prior permission.
4. Upon the failure of MRI to meet the terms and conditions set forth in this instrument,
the City may revoke this easement upon sixty days' written notice to MRI.
5. MRI hereby grants and releases to the City an easement over and across the parking lot
to be constructed on Parcel 1 and Parcel A for the purpose of allowing City vehicles,
including, but not limited to, snowplows and street sweepers traveling down the public
portion of Taughannock Boulevard to enter the parking lot and turn around. This
easement shall remain in effect for so long as the easement referred to in paragraph 1
above remains in effect.
IN WITNESS WHEREOF, the parties have signed this agreement as of the date and year
above stated.
c: \iura \mri108- 800.par /3 June l; 2000
4
RECEIVED
$ O
JUN - 4 2001
REAL ESTATE
TRANSFER TAX
TOMPKINS COUNTY
I %IR 905 pail 36
MARINA REALTY OF ITHACA, LLC
/- '41A�
B Flash
Member
CITY OF ITHACA
A - -
BY: A n J. Cohen
Mayor
STATE OF NEW YORK }
)ss.:
COUNTY OF TOMPKINS )
On 1 3 i Z4d) before me, the undersigned, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to
me that he /they executed the same in his /their capacity(ies), and that by his /their signature(s)
on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
MARIETTE GELDENHUYS
Notary Public, State of New York
No. 4947128
Notary Publ c isCommission�Expir Expires County 13,1 Gg
STATE OF NEW YORK )
)ss.:
COUNTY OF TOMPKINS )
On 24before me, the undersigned, personally appeared R1
personally known to m.e or proved to me on the basis of satisfactory evi
individual(s) whose name(s) is (are) subscribed to the within instrument and
me that he /they executed the same in his /their capacity(ies), and that by his /t
on the instrument, the individual(s), or the person upon behalf of which the inc
executed the instrument.
JULIE CONLEY HOLCOMB
Notary Public, State of New Yo
No. 4975598
Qualified in Tompkins County
otaryPublic Term expires Dec. 10,200Z-
c: \iura \mri 108- 800.par /3 June 1, 2000
Fe-
'Z:
1' a
OF ITHACA
108 East Green Street Ithaca. New York 14850 -5690
DEPARTMENT OF PLANNING AND DEVELOP LENT
I-I_ t(ATTHYS VAN CORT. DIRECTOR OF PLkNNI`G AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
Telephone: Planning , Development - 60— 2 --4-6550 Communin- Deve!OCmenCIl. RA • 60—,27-+-6559
Fax: 60- - -+ -6558
N EMOR INDUl1
TO: Julie Conley Holcomb, City Clerk
FROM: Kat Hauger, Ithaca Urban Renewal Agen l'
RE: Loan Agreement between Ithaca Urban Renewal Agency and Marina Realty of
Ithaca, LLC for Public Waterfront Promenade (Inlet Island), Activity 1.4, 1997
CDBG CCI #B- 97 -DH -36 -0017. Agreement dated 3/14/2001.
DATE: June 27, 2001
Enclosed for your records is the fully executed Loan Agreement between Ithaca Urban Renewal
Agency and Marina Realty of Ithaca, LLC for Public Waterfront Promenade (Inlet Island),
Activity 1.4, 1997 CDBG CCI #B- 97 -DH -36 -0017. Agreement dated 3/14/2001.
c: Administration Files MRA
Chrono
Steve Flash, NMI, 202 E State St, Ithaca, NY 14850
Q\Planning\Staf \KathyVnisc\contmctmemo.doc
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-651
OFFICE OF THE CITYATTORNEY
Daniel L. Hoffman, City Attorney
Khandikile M. Sokoni, Assistant City Attorney Telephone: 607/274 -6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274 -6507
Patricia M. O'Rourke, Assistant City Attorney
Jody Andrew, Executive Assistant
MEMO TO: William J. Gray, Superintendent
FROM: Daniel L. Hoffman, City Attorney
VA-
DATE: November 23, 2010
RE: Request for Encroachment License — 302 Mitchell Street
Enclosed please find a copy of a letter from Attorney Dirk Galbraith, who represents the
owner of 302 Mitchell Street, requesting a license from the City that would allow an
existing fence that encroaches into the City's right -of -way for Linden Avenue, by what
appears to be approximately 2 feet, to remain. Also enclosed is a copy of a recent survey
of the property by Lee Dresser, of T.G. Miller, PC.
From the survey, it appears that the east side of Linden Avenue does not have a sidewalk,
in this area, and that the fence is at least 6 feet back from the curb.
Before I draft a proposed resolution and license agreement for this item, could you please
review the request and the site, and let me know if you think the fence (in its current
condition) interferes with any current public works use or need (or one that is foreseeable
in the relatively near future — say, the next 2 to 3 years).
I have told Attorney Galbraith that I would try to have consideration of the request
appear on the BPW agenda for December 81h — which means I should have a resolution
drafted by December 2"d
Thank you for your cooperation in this matter.
Enc.
`An Equal Opportunity Employer with a commitment to workforce diversification." P a
November 17, 2010
Daniel Hoffman, Esq.
City Attorney, City of Ithaca
108 East Green Street
Ithaca, New York 14850
Re: 302 Mitchell Street
Dear Dan:
'v7 ,
e-i HIA 101F
As per our conversation, I would like to request a renewable license
agreement permitting our client to maintain the wood rail fence shown
upon the enclosed survey map within the bounds of Linden Avenue. I
would request that the license agreement be transferable to future
owners of the property.
Our client is ENP Associates, L.P., having offices at 405 Eddy Street,
Ithaca, New York 14850.
We would of course pay any fees associated with the requested license
agreement.
Thank you for your courtesies in this matter.
Very truly yours,
l
DIRK A. GALBRAITH
DAG : j me
Cc: Mark B. Wheeler, Esq.
Mr. Nick Lambrou
HOLMBERG, GALBRAITH, VAN HOUTEN & MILLER
ATTORNEYS AND COUNSELORS AT LAW
200 EAST BUFFALO STREET
DIRK A. GALBRAITH
SUITE 502
ANNA K. HOLMBERG
ITHACA, NEW YORK 14851 -6599 LAURA H. HOLMBERG
MATTHEW VAN HOUTEN
(60 7) 2 73 -5475 (1918 — 2004)
SCOTT A. MILLER
fax: (607) 272 -4140
(service by fax or e -mail not accepted)
November 17, 2010
Daniel Hoffman, Esq.
City Attorney, City of Ithaca
108 East Green Street
Ithaca, New York 14850
Re: 302 Mitchell Street
Dear Dan:
'v7 ,
e-i HIA 101F
As per our conversation, I would like to request a renewable license
agreement permitting our client to maintain the wood rail fence shown
upon the enclosed survey map within the bounds of Linden Avenue. I
would request that the license agreement be transferable to future
owners of the property.
Our client is ENP Associates, L.P., having offices at 405 Eddy Street,
Ithaca, New York 14850.
We would of course pay any fees associated with the requested license
agreement.
Thank you for your courtesies in this matter.
Very truly yours,
l
DIRK A. GALBRAITH
DAG : j me
Cc: Mark B. Wheeler, Esq.
Mr. Nick Lambrou
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MAP REFERENCES:
KVERAGAS N.C.) 1) SURVEY MAP NO.302 MITCHELL STREET
7751296 DATED 5/30/1963 BY J.A. DOOGHERIY.
2) SURVEY MAP NO.302 MITCHELL STREET
DATED 10/28/99 BY T.G. MILLER, P.C.
TALL BOARD FENCE CORNER
SOUTH OF LINE 0.4't
PIN G GARAGE AUDITION
FOUND S` 75e�,O,V3„ CLEAR 0.6'f PIPES
J N J F 64.53e ,FOUND
-----------------
GARAGE ADDITION
CLEAR 0.5't /
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v PARKING /
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BIA STAVROPOULOS
THOMAS STAVROPOULOS
CERTIFICATION HARRIS BEACH, PLLC
hereby certify to TOMPKINS TRUST COMPANY, ITS SUCCESSORS AND /OR ASSIGNS
Dat. I am a licensed land surveyor, New York State License
Io.050096, and that this map correctly delineates an
ctual survey on the ground made by me or under my direct
upervision and that I found no visible encroachments either
oy across property lines except as shown hereon.
IGNED: DATED:
TITLE:
SURVEY MAP
NO.302 .MITCHELL STREET
CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK
DATE: F77; stos82
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CARLSON (R.O.)
8791116
FOUND 7.0'
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ASPHALT DRIVE
OVER LINE 3':L
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ALTERATION DF THIS NAP NDT
CONFORNtNC To SECRON 7208,
SUBONMON 2, NEW YORK STALE
MMN UW, ARE PROHIBITED
. ALL CERRFK:ATKNlS
HEREDN ARE VAUD r THIS W
AHD COPIES THEREOF ONLY IF SND
LL' OR coPEO EEi1R THE IMPRESSION
SEAL OF THE UCENSED LAND SURYEYDR
WHOSE SIDNATURE APPEARS HEREON.