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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 z n N A 2 m 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 / Z � GAA / RAGE r I GRAVEL — v PARKING / I � I EPG ASSOCIATES, L.P. w I I DEED BOOK 691 PAGE 4 rn ' I i TAX 1WAP PARCEL 84 -1 -1 � — AREA= ACRES I � OOD RAIL FENCE d>, C, V 0 0 A m v w as � w PIN FOUND 7.4' 5.4 EASTERLY OF CORNER 1 8't �P �Y f.'cS7V`Q'0 L, VO 9.4' �' 2.2' =t p�9 FDUND .!d /n'ZT OURS 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 a b n 2T n 7't CARLSON (R.O.) 8791116 FOUND 7.0' OF LINE ASPHALT DRIVE OVER LINE 3':L WEISS (R. o.) 9131111 wxcwNC _\� 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.