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HomeMy WebLinkAboutMN-BPW-2017-12-11BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. December 11, 2017 PRESENT: Vice Chair Jenkins Commissioners (4) – McCormick, Morache, Warden, Greene OTHERS PRESENT: Information Management Specialist - Myers Director of Engineering – Logue Common Council Liaison – Fleming Supt. of Public Works - Thorne Assistant Superintendent of Streets and Facilities – Benjamin Assistant Superintendent of Water and Sewer – Whitney Director of Parking – Nagy EXCUSED: Mayor Myrick Call to Order/Agenda Review: Supt. Thorne requested the addition of item 12A entitled “2018 Water and Sewer Rates – Resolution”, and item 13B entitled “Seneca Street Sidewalks – Discussion Regarding Widening the Sidewalk on the North Side of the 100 Block of East Seneca Street ”. He also requested that item 9A entitled “A Resolution to Deny a Request for a Loading Zone on Linden Avenue” be moved to the end of the meeting because Commissioner Morache will recuse himself from that discussion/vote and leave the meeting. No Board Member Objected. Communications and Hearings From Persons Before the Board: Mimi Mehaffy, part owner – Collegetown Bagels, addressed the Board to request an overall solution to parking in Collegetown because raising the parking rates by 20% will put a lot merchants out of business. Collegetown is one of the hardest areas to park in the City due to all the construction occurring and the general lack of adequate parking spaces. She would like to offer some ideas for assisting the businesses in Collegetown. She feels the City should provide parking to businesses who in turn could bring additional sales tax revenue to the City. Response to the Public: Commissioner Warden responded to Ms., Mehaffy, and requested that she send her suggestions through e-mail to Board members who will all be happy to read them. Reports: CC Liaison Fleming reported that at the last Common Council meeting, Council voted 6- 3 in favor of developing a Memorandum of Understanding with Cornell University to install a gate at the entrance to Ezra’s Tunnel. They also approved the West State/Martin Luther King, Jr. Street enhancement project. Commissioner Greene stated that it wasn’t clear to him about the recent vote to install a gate at the entrance to Ezra’s Tunnel, why that item would not go to the Parks Commission for consideration and then onto the Board of Public Works for review and approval since the tunnel is in a natural area which falls under the purview of the Board Board of Public Works Meeting Minutes December 11, 2017 2 of Public Works. The discussion and vote at the Common Council meeting were the first time he heard about the proposal. CC Liaison Fleming responded that the Natural Areas Commission had weighed in on the request and were in favor of the memorandum and installation of the gate. Supt. Thorne explained that Cornell University wanted to “gift” the gate to the City of Ithaca and pay for things for a certain period of time. There had also been a lot of meetings where people expressed their opinions on the proposal. CC Liaison Fleming further noted that Cornell University is not offering to pay towards education of the public, the infrastructure or signage for the gate. Commissioner Greene stated that it might be worthwhile to place this topic on a future Board of Public Works agenda for discussion because it will impact the Department of Public Works at some level in the future. Supt. Thorne stated that staff have not even seen the design yet. There are questions about the gate related to whether there will be a key so emergency personnel can get into and through the tunnel when needed. This topic requires more discussion and should also include consideration of the overlook at the top of the falls, and the rock ledge at the top of the gorge. The gate is only part of the many pieces of work that need to be done in that area. Director of Engineering Logue stated that staff would be reviewing and discussing the “City Center” project because the contractor wants to close an entire block of East Green Street for a day sometime the week between the Christmas and the New Year holiday. The closure is needed in order to accommodate a very large crane that needs to be delivered and set up onsite for the project. He further reported that there would be a public meeting on January 9, 2018 from 4-6 pm regarding the East State/Martin Luther King, Jr. Street retaining wall project. He is putting together a press release about the meeting and wanted Board members to be aware of it so they could place it on their calendars and plan to attend. Asst. Supt. Benjamin reported that the house at 401 Lake Street no longer exists, crews will finish cleaning up from the demolition by tomorrow night. In addition, crews have completed repairs on the Albany Street Bridge that had been flagged by the state inspector. Supt. Thorne stated that the City received approval from the State to begin the necessary repair work on the Thurston Avenue Bridge. Yard waste pick up is about done for the season, so crews are doing routine maintenance on guardrails. Asst. Supt. Whitney reported that work to lower and dim the street lights near the Water Treatment Plant project has been completed by installing shields and dimmer switches. The crews of the Water Division completed the re-route of the water main around Treman Park to place it in an area where it can be solar powered. Crews are also working on hydrant replacements and service requests. There will be two upcoming retirements of long-time employees of the Water Department – Water Meter Technician, Barb Frycek and Plumbing Inspector Marc Albanese. The position of plumbing inspector will be re-created and will become a position within the Building Department. Both employees have offered their services to assist in the training of new staff, which he appreciates. Board of Public Works Meeting Minutes December 11, 2017 3 Director of Parking Nagy reported that he has been working on the 2018 proposed parking rates, holiday parking arrangements, and the repair of the elevator in the Green Street garage. The Commons crew is ready with their equipment to provide for snow removal on the Commons. Supt. Thorne reminded Board members of the new meeting schedule for 2018 of just one meeting a month. The next meeting of the Board will be Tuesday, January 16, 2018 at 6:00 p.m. in Common Council Chambers. Staff is working on the list of 2017 accomplishment and preparing the list of projects for the 2018 work plan. As soon as it is done he will send courtesy copy to Board Members and Common Council members. Staff is also working to put together the road work schedule for 2018; some of that work will be contracted out – staff is working to determine how much of that work should be done out of house. New Presentations: Parking in Collegetown: A discussion about parking from the business owner’s point of view Supt. Thorne stated that business owner, Mr. Sam Schuepbach, requested some time to address the Board to discuss parking issues in Collegetown. Mr. Schuepbach distributed a set of pictures to Board members that showed examples of the issues that visitors to Collegetown encounter as they try to locate parking spaces. He has been in Collegetown for 29 years, and feels that the Dryden Road parking garage could be managed in a better way. He stated that he has not observed any enforcement of the “no parking allowed” on the upper deck or the 72 hour parking limit in the garage. The parking garage cannot and should not be used as a storage place for student vehicles. With all the new construction occurring in and around Collegetown right now, the 200 block of Dryden Road recently lost 8-12 parking spaces. Merchants see parking spots for their customers being lost to construction, or vehicles taking up two parking spaces and not being issued tickets. He would like to see the current long term on street parking move to some of the City’s other parking garages instead of the Dryden Road parking garage. He would also encourage the Board to not allow this type of parking management to continue in Collegetown because of the negative impacts on merchants and business owners who are losing customers because of the lack of parking. He voiced his opinion that he feels the City is creating parking spaces in the garage for affluent students to store their vehicles since the cost for parking is no issue for them. Those spots needs to be given back to the businesses and customers in Collegetown because without them many businesses will have to close. Many of those businesses, including his, are well known to locals and visitors; however, they won’t be able to patronize them if they can't find parking. He stated that the City could take care of that problem right now, if it would begin to enforce the 72 hour time limit on parking in one space because it open those spaces quickly. In addition, the many parking equipment failures need to be addressed. The general public does not have access to telephone numbers to use to contact the City when the gate at the parking garage is not operational. The public will stop patronizing businesses in Collegetown if they cannot depend upon being able to enter and exit the parking garage when they want to, they will take their business downtown. He further stated that Ithaca is viewed as a City that is very welcoming. However, when announcements are made regarding free parking (Thanksgiving/Christmas holidays), they only pertain to the garages downtown. This leaves Collegetown business owners feeling left out. Collegetown is part of the Ithaca community and should be given the same benefits that downtown receives. This is an Board of Public Works Meeting Minutes December 11, 2017 4 ongoing problem, and the message from the City regarding free parking needs to include both Downtown and Collegetown. Director of Parking Nagy responded that he feels that Collegetown really needs a “Business Improvement District” similar to the one downtown to support parking needs. The merchants and businesses in Collegetown need representation, communication, and financial support that such a district organization would provide. He stated that the parking equipment at the Dryden Road garage is at least 12 years old and the City is looking to replace it. He and Supt. Thorne are looking at new parking equipment with the department’s 2018 budget, but it takes time. He explained that if the City could do a transportation demand management study similar to Cornell University, and provide a parking lot outside the City and bus transportation to and from that it might provide for the needs of students that may not need their vehicles every day, and open up spaces in the garage and on the street. As was stated earlier, there are a significant number of affluent students for whom the cost of parking is no issue. Cornell charges $1,500 a year for their remote lots and bus transportation. The City charges $200 a month for a monthly permit to park in the Dryden Road garage so the cost is comparable. As far as employees, the “workers special” program will not change in 2018, if workers buy their permits in advance. Some employers purchase “tracer” tickets for their employees to pay for parking which assists those minimum wage workers. All merchants and business owner could purchase tracer tickets for their employees that could help with retention since the price is very reasonable. The “workers special” is being promoted all over the City. If the parking rates go up in 2018 it might open up spaces for shoppers and restaurant customers which would assist them. The City is really trying to help the businesses in Collegetown. When he first started working for the City in 2013 the cost for a monthly parking permit at the Dryden Road garage was $240 month and occupancy was 19%. Currently, the occupancy is now 73% over a 12 month average with 92% occupancy when students are here. When the rates are raised in 2018, 20% of the occupancy may be lost, but that will add between 38-40 parking spaces for visitors to Collegetown which is what the businesses have been asking for. The goal for the City is to open up parking spaces for Collegetown merchants and for short term parkers and employees in Collegetown. That does not mean he is against adding additional parking levels to the Dryden Road garage. There are also some streets where occupancy is very high and the City should take a closer look at the rate structure there for the meters to see if adjustments are needed; increases in price usually result in changes in occupancy of those spaces, which in turn opens up additional parking spaces that turn over more often allowing more people to park in those area. The City is trying to find a parking rate that works for everyone - merchants, residents, employees; however, it also needs to charge appropriately for those higher traffic area spaces. Commissioner Morache responded that what he is hearing from business owners is that their customers cannot find parking spaces. He does think it is a good idea to raise the parking rates in an effort to decrease the number of long term parkers in the spaces. He also is wondering whether the number of monthly permits for the Dryden Road parking garage could be limited to a fewer number. What about limiting number of permits issued to first come first served. If the rate increase doesn’t open up parking spaces and the Board is still getting feedback from businesses in the future, the City should be flexible as far as adjusting parking rates to better meet merchant’s needs. Director of Parking Nagy responded that the City, Cornell University, and the Downtown Ithaca Alliance are working together as a group to come up with a transportation demand management solution for the parking situation around the City. There are a few possible locations that could be used for remote parking and bus transportation to Board of Public Works Meeting Minutes December 11, 2017 5 and from that are under consideration and discussion as far as liability and insurance costs. He further noted that parking should be a 24/7 operation as far as staffing goes; however, the City only staffs for 16 hours per day. Supt. Thorne stated that staff wanted to let the Board and the public know what is going on with the 2018 parking rates. The City does recognize that there is a huge parking issue in Collegetown; and is installing what’s called a “Parker System” in the three parking garages which they hope to complete by the end of this year. It is a system with a video interface so if there is problem in one of the garages it can be used to assist the public. In addition, the City is looking at getting new equipment in the Dryden Road garage because it has been breaking down fairly regularly so staff is in the process of obtaining quotes; there are also some structural repairs that need to be made to the garage. Staff will put a capital project request together to present to Common Council for the new equipment and structural repairs that are hoped to be repaired by the end of the summer. Towards that goal, the City is conducting a feasibility study to increase the Dryden Road garage by two additional levels. Staff is also looking to put together the scope of work to conduct a comprehensive parking plan for the City and what pricing should be since the operation of its parking garages is so very expensive. The City is dependent upon all three garages, and all of them need repairs; the Green and Seneca Street garages are both nearing their end of use so that City has to have a plan in place about what will be done to meet parking demands around the City. Director of Parking Nagy stated that it becomes very hard to get parkers to move their vehicles every three days. He would rather spend the City’s efforts on Transportation Demand Management plan, create a new parking lot, and purchase shuttles to and from the lot because it would be cheaper for the parkers that have problems moving their car every 72 hours. Commissioner Greene noted another issue, a long term issue, is that when the new zoning code was adopted for Collegetown, it eliminated the parking requirement. That was a good intention; however, as the City works to determine how to pay for parking it should look at payment in lieu of taxes or something that will serve the people living or working in the new buildings. If the City allows buildings to go up with no or limited parking, it might want to go back to the drawing board to see if that was a good idea. The question to be answered is why should long-term residents be saddled with the cost for parking as opposed to developers? Commissioner Morache noted that the City has to watch the increase in development because it will turn into increased rent. If parking gets constructed or the charge for parking in off-site lots is high enough, that the cost to park should be put on the individual who wants the parking. Why should renters pay for parking through increased rent because of all the new development occurring. The City does need a parking study to determine just what it should be charging for parking. Supt. Thorne stated that the City is very dependent upon its parking garages and there is not enough parking right now; however, the garages are very old and are in need of significant repairs; and he does not know what the solution is. He agrees that a comprehensive parking study will be very important in assisting the City in determining how to best meet the need for parking and in a way that the parking pays for itself. Commissioner Morache stated that when the City conducts the parking study it would be a good idea to have a sub-committee of Board members that can work with staff to prepare recommendations that would then go to the Board for review and discussion. Board of Public Works Meeting Minutes December 11, 2017 6 Supt. Thorne noted that the City may also need the help of an outside consultant when discussing how to address parking needs. He agreed that it would be good to have representation from Common Council, the Board of Public Works and the Planning and Development Board at such a meeting to conduct any study to help develop a plan. He further stated that the Board of Public Works does need to approve the 2018 Parking Rates, and a resolution has been provided for that. He stated that not all parking issues will be solved tonight, but the Board does need to vote on the resolution. Approval of Minutes: Approval of the August 14, 2017 and September 11, 2017 Board of Public Works Meeting Minutes – Resolution By Commissioner Warden: Seconded by Commissioner Marshall RESOLVED, That the minutes of the August 14, 2017 and September 11, 2017 Board of Public Works meetings be approved as published. Carried Unanimously Parking & Traffic: Approval of the 2018 City of Ithaca Parking Rates – Resolution By Commissioner Jenkins: Seconded by Commissioner Warden WHEREAS, the Board of Public Works has considered the proposed 2018 rates for municipal parking facilities in order to meet the adopted 2018 budget revenue projection; and WHEREAS, the following chart contains the entire rate structure for all rates within the City for 2018; and RESOLVED, That the Board of Public Works hereby adopts the 2018 parking rates as follows in the attached table; and, be it further RESOLVED, That all rates shall go into effect January 1, 2018, and shall remain until the Board of Public Works directs otherwise; and, be it further RESOLVED, That the Board of Public Works directs staff to study the inclusion of short- term only parking spots in the Dryden Road Parking Garage and report back to the Board on the feasibility thereof; and, be it further RESOLVED, That the Board directs staff to study the inclusion of short term only parking spots in the Dryden road parking garage and report back on the feasib ility thereof. Monthly Permits Actual 2017 Rates Effective 1/1/17 Proposed 2018 Rates Effective 1/1/18 Amount Changed Seneca Garage, Day and Night All Levels, Full Access (24/7) $96.00/mo $100.00/mo 4% increase Contract with Hotel1 $56.45/mo $57.56/mo 1.98% increase CPI Contract with Cascade Plaza, LLC $96.00/mo $100.00/mo 4% increase Worker’s Special (M-F/10 hrs/day, 210 hrs/mo) $78.00/mo Discontinued Part time Special (24/7, 105 hrs/mo) $67.00/mo Discontinued Overnight Only Special (5pm-8am) $46.00/mo Discontinued Board of Public Works Meeting Minutes December 11, 2017 7 Primo Part time Special (24/7, 68 hrs/mo) $46.00/mo Discontinued Green Street Garage, Day and Night All Levels, Full Access $96.00/mo $100.00/mo 4% increase Contract with Cascade Plaza, LLC2 $55.63/mo $56.73/mo 1.98% increase CPI Worker’s Special (M-F/10 hrs/day, 210 hrs/mo) $78.00/ mo Discontinued Part time Special (24/7, 105 hrs/mo) $67.00/ mo Discontinued Overnight Only Special (5pm-8am) $46.00/ mo Discontinued Primo Part time Special (24/7, 68 hrs/mo) $46.00/mo Discontinued Cayuga Street Garage, Day and Night All Levels, including long-term storage $69.00/mo $71.00/mo 3% increase Worker’s Special (M-F/10 hrs/day, 210 hrs/mo) $56.00/mo. $58.00/mo 3.6% increase Contract Cornell Rate $49.46/mo $54.22/mo 1.98% increase CPI Contract with County (Library)3 $69.00/ mo $71.00/ mo 3% change Premium Area Rates $123.00/mo $127.00/mo 3% increase Dryden Road Garage Full Access (24/7) $164.00/mo $200.00/mo 22% increase Worker’s Special (210 hrs/mo) $133.00/mo $159.50/mo 20% Increase Part time Special (24/7, 105 hrs/mo) $72.00/mo $86.50/mo 20% Increase Overnight Only Special (M-F/6pm-9am/ Free Weekends) $133.00/mo $159.50/mo 20% Increase Primo Part time Special (24/7, 68 hrs/mo) $47.00/mo $56.50/mo 20% Increase Other Non-Meter Permit Parking Contract with County (DSS)3 $51.00/mo $52.00/mo 2% increase 611 Buffalo St. Parking Lot Permit $25.00/mo $30.00/mo 20% increase Weekly Rates Actual 2017 Rates Effective 1/1/17 Proposed 2018 Rates Effective 1/1/18 Amount Changed Seneca Garage, Day and Night $30.00 $33.00 10% increase Green Street Garage, Day and Night $30.00 $33.00 10% increase Dryden Road Garage, 24 Hours $51.00 $61.00 20% increase Hourly Rates4 Actual 2017 Rates Effective 1/1/17 Proposed 2018 Rates Effective 1/1/18 Amount Changed Board of Public Works Meeting Minutes December 11, 2017 8 Hourly Rates4 Actual 2017 Rates Effective 1/1/17 Proposed 2018 Rates Effective 1/1/18 Amount Changed Seneca, Green, Cayuga Street Garages5 Per hour $1/hour $1/hour Maximum $7/day $7/day No Change Dryden Road Garage 0 – 24 $1/hour $1/hour Maximum $15/day $15/day No Change Bulk Purchase: Garage Tokens or Tracer Tickets $26.00/ 40 hours $26.00/ 40 hours No Change Special Event Rate (weekend day entrance fee, 24 hour parking limit) Downtown garages $5 $5 No Change Parking Meters and Pay and Display Surface Lot: Green Street Garage $2.25/hour No max. $2.25/hour No max. No Change Downtown $1.50/hr 2 hr. max. $1.50/hr 2 hr. max. No Change Collegetown $1.50/hr 2 hr. max. $1.50/hr 2 hr. max. No Change Thurston & Stewart Ave. & Edgemoor $0.75/hr 9 hr. max. $0.75/hr 9 hr. max. No Change 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 100 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage rate); up to 20 permits in Green Street Garage (these permits will not be usable at any other garage), up to 150 permits in Cayuga Street Garage, total not to exceed 250 permits. Right to purchase additional 150 permits at posted rates – see contract dated June 6, 2006. Rate to change for first 250 permits after August 1, 2007, “from time to time” based on percentage change in the CPI between adjustment dates. 3 – The County’s Mental Health/Library agreement for 100 spaces in Green Street Garage (and/or Lot D) has expired. The Board of Public Works agreed to transition the rate charged to County employees to the full market rate over a period of five years. Commencing in 2015, the rate is 100% of the market rate. County’s DSS agreement for 20 spaces on West State Street (in “Fire Station lot”) expires December 31, 2016 (needs to be negotiated). 4 – Fees charged: Downtown garages, 3:00 a.m. to 8:00 p.m., Monday through Friday: Dryden Road garage, 24 hours / 7 days. Board of Public Works Meeting Minutes December 11, 2017 9 5 – 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. Carried Unanimously Approval for the Distribution of One Hour Free Parking Passes to Downtown Retailers - Resolution By Vice Chair Jenkins: Seconded by Commissioner Morache WHEREAS, the Downtown Ithaca Alliance proposed the distribution of one hour free parking passes for the 2017 Holiday Season; and WHEREAS, the parking passes would be intended for customers of downtown businesses to thank them for shopping locally; and WHEREAS, the costs of the parking passes will be paid for jointly by the City and Downtown Ithaca Alliance; now, therefore be it RESOLVED, That the Board of Public Works hereby authorizes the distribution of one hour free parking passes to downtown businesses beginning December 12, 2017, for the 2017 holiday season; and, be it further RESOLVED, That should a delegation of Collegetown businesses similarly wish to help jointly fund the costs of the parking passes, there is similarly authority granted to the City to issue those parking passes for the same time period. Carried Unanimously Water & Sewer: Approval of 2018 Water and Sewer Rates – Resolution By Commissioner Jenkins: Seconded by Commissioner McCormick WHEREAS, in accordance with City Charter, the Board of Public Works has the authority to set water and sewer rates; and WHEREAS, staff has provided water and sewer usage projections for 2018; now, therefore be it RESOLVED, That the Board of Public Works adopts the following water and sewer rates and fees starting for bills due on or after January 1, 2018, and the rates are effective until changed: Basic Rates (per 100 cubic feet): Existing 2017 2018 Water $6.43 $6.94 Sewer $5.80 $5.80 Minimum Billing (per quarter year) METER SIZE CU FT ALLOWED WATER SEWER TOTAL Small 1,200 $83.28 $69.60 $152.89 1" 3,200 $222.08 $185.60 $407.68 1.5" 5,500 $381.70 $319.00 $700.70 2" 11,200 $777.28 $649.60 $1,426.88 3" 16,000 $1,110.40 $928.00 $2,038.10 4" 24,100 $1,672.54 $1,397.80 $3,070.34 Board of Public Works Meeting Minutes December 11, 2017 10 6" 42,100 $2,921.74 $2,441.80 $5,363.54 Other Services  Unmetered sprinkler service: $12 per inch diameter per quarter  Metered water for circuses, carnivals contractors, etc., through suitable connection at hydrant installed by Water and Sewer: charged by use, with minimum bill of $200 per day for the first 7 days and $50 per day thereafter.  Bulk Water for street sweepers, tank trucks, spray rigs, etc., available at the Water building: $100 per load up to 500 gallons, and $25 per thousand over 500 gallons.  Meter removal, meter resetting, turning water off, or turning water on at curb stop: $40 per event.  Residential Meter Testing: $75 if meter is found to be within industry tolerances; no charge if out of tolerance.  Replacement of frosted or damaged residential meter:  During business hours – cost of the meter plus $50  After hours without a call-in – cost of the meter plus $125  After hours with a call-in – cost of the meter plus $220  Replace damaged AMR meter head, caused by owner/occupant negligence: cost of new meter plus $60.  Special meter reading with corresponding bill: $45 per special read.  Data Logs: the first obtainable data log is free, delivered electronically in a PDF format. Paper copies will be printed upon request at the cost of duplication. All additional data logs shall be charged at $45 each delivered electronically. If a City issue is found as a result of a data log, there shall be no charge.  All other special services: To be billed at cost (including overhead) with supporting bill documentation. Carried Unanimously Discussion Items: Lead Agency Concurrence for the Proposed Stewart Park Inclusive Playground Supt. Thorne explained that information about the proposed Stewart Park Inclusive Playground was provided to the Board for informational purposes only – no vote is required if the Board supports having the Planning and Development Board be the designated lead agency for the project. Board members expressed their full support for the Planning and Development Board being the lead agency for the project. 100 Block of East Seneca Street Sidewalk: Planning and Development Board Chair – Garrett Blalock and Planning and Development Board Member – John Schroeder joined the Board for discussion of this topic. Mr. Blalock and Mr. Schroeder provided the following information regarding the project: The Planning and Development Board has for years been promoting a widening of the sidewalk on the north side of the 100-block of East Seneca Street using the 6 feet of extra Seneca Street width east of Cayuga Street (versus west of Cayuga Street). This is the block housing the Hilton Garden Inn, the under construction Tompkins Financial Corporation building, and the Dewitt Mall. To date, the Planning and Development Board is unaware of actions to bring sidewalk widening to fruition, providing space for wider sidewalks and a continuous row of street trees. Board of Public Works Meeting Minutes December 11, 2017 11 The construction of the Tompkins Financial Corporation building on this block, and the resulting demolition of the exciting sidewalk, presents a unique but soon-to-expire opportunity to widen the sidewalk. In brief, the arguments for widening are: • The 100-block of East Seneca Street is about six feet wider than blocks west of Cayuga Street • The 100-block is far wider than the width need to support two lanes of traffic • The north-side sidewalk is insufficient in width, particularly at the entrance to the Hilton Garden Inn and the Tompkins Financial Corporation building • The parking lane on the north side of East Seneca only provides for parking for a few cars • The cost of widening the sidewalk now, while the block is under construction, is far less than it will be in the future The Planning and Development Board strongly urges the Board of Public Works to consider this issue urgently and take appropriate action. They also explained that this information is to follow up on a memo the Planning and Development Board sent in January 2016 to Common Council and the Board of Public Works recommending the pedestrian accommodations on the 100 block of East Seneca street and West of Cayuga Street be made during the construction of the Tompkins Trust Financial Corporation Building. This area is a hard, cold, barren, and harsh landscape with no street trees. The new Tompkins Financial Corporation building will be a very tall building, and the ability to plant trees on this crucial block is very important and for visitors’ first impression of the area because it isn’t very pleasant to look at. Trees are more likely to grow and be healthier on the west side of the street, and that is also where most of the pedestrian entrances are located. By adding street trees to the landscape in this area, it could be transformational by adding beauty, the walk ability feel and would provide a beautiful view for everyone. They think that part of the work for this project could be done as part of the Tompkins Financial Corporation’s project and cost. The bank loved the idea and would like wider sidewalks and more trees as well. There is a real need for a more pedestrian friendly landscape by the hotel and the new bank building. However, the time for doing this work is running out if it is going to be included as part of the bank’s project which will be completed in March. The current plan for the bank’s project is to reinstall the curb where it was prior to the start of construction of the building. Supt. Thorne stated that this request would require additional engineering and planning work on staff’s part to be done, and there may be catch basins that could be affected by the proposed changes. Director of Engineering Logue stated that that in order to do this work the City would need a highway work permit from New York State. He explained that during site plan review for the project, the widening of the sidewalk and planting of trees was discussed and reviewed. The City approached New York State about the changes, and they were not interested in doing such a project for just one building’s frontage. In addition, if this work were done, it would be nearly impossible to include a bike lane on the street. If the curb were moved it would remove the bike lane, so parking would have to be removed to accommodate the bike lane, and parking is already limited downtown and it would not be a great move for the City to undertake. There are also drainage considerations and large cost implications. Board of Public Works Meeting Minutes December 11, 2017 12 Supt. Thorne stated that he is not sure this work will happen before the bank project is completed because there is a lot of engineering and other work to be done; however, he is not saying that this work couldn’t be done in the future. Commissioner McCormick stated that this street may be the only future west bound bike corridor that connects efficiently up both East Hill and West Hill. The proposal he would like to see would have that bump out by the Hilton Garden Inn go all the way down to in front of the DeW itt Mall, remove the on street parking and add a bike lane – although not by the DeWitt Mall. This is definitely a corridor that needs attention, and adding a bike lane here has long been a priority for him, and improvements to the pedestrian feel would be welcome. Commissioner Morache noted that he agrees with the concept in principal with some balance but it should be in the next block even though it means the bike lane would be lost. He stated that parking demands are much greater here than a block away. Losing parking a block away is more palatable than it would be in this block. There is also the Ithaca Car Share spot to consider; this whole corridor warrants further study. Director of Engineering Logue explained that it is not possible to have this work happen as part of the bank project. If the City considers the proposal, then it should be done in a more comprehensive way and for more than just one building frontage. If the Board wants the City to take a serious look at this corridor to widen the sidewalk and plant street trees, it would have to go on the Department of Public Works work plan and would take months to develop. He will talk with the Transportation Engineer about adding this project to the department’s 2018 work plan. Staff can start scoping out the work that would be needed for the project in order to get an idea of the space that would be needed. Commissioner Morache left the meeting at 6:52 p.m. due to a conflict of interest with the following item regarding 210 Linden Avenue. Highways, Streets & Sidewalks: A Resolution to Deny a Request for a Losing Zone on Linden Avenue WHEREAS, the owners of 210 Linden Avenue have requested that a loading zone be created along their street frontage as mitigation for a state fire code variance request related to the height of the proposed building and aerial fire apparatus access; and WHEREAS, staff agrees that there is not a need for a loading zone at this location for any delivery or commercial reason; and WHEREAS, staff has determined that this scenario could occur at numerous locations around the City, likely the majority of tax parcels in the City; and WHEREAS, staff and the Board of Public Works are concerned about the precedent that would be set by granting the request; and WHEREAS, if the BPW was to grant this request, the City would effectively restrict parking on this portion of Linden Avenue forever because if the BPW allowed parking on the street in the future or somehow otherwise modified the roadway as to lessen the clear width (exclusive of parking) between the curbs, the building would likely not be allowed to be occupied in accordance with the NYS Fire Code; now, therefore be it RESOLVED, That the Board of Public Works hereby denies the request for a loading zone in front of 210 Linden Avenue. Board of Public Works Meeting Minutes December 11, 2017 13 John Mancuso, attorney for applicant, joined the Board for discussion of this topic along with the applicant and project designer Noah Demarest. Mr. Mancuso asked the Board to reconsider the resolution to deny this request in light of some of the factors with respect to this project and the timeline. He provided the following summary letter to the Board to go with his request that the Board reconsider their decision to deny the request. “We represent 210 Linden Avenue, LLC (the "Owner"), the owner of real property located at 210 Linden Avenue (the "Project Site") with respect to its request that a loading zone be created along the street frontage of the Project Site as mitigation for a recently identified requirement of the New York State Fire Prevention and Building Code (the "Fire Code") related to the (height of the proposed building and aerial fire apparatus access. We are in receipt of the proposed resolution denying this request on the grounds that the Board of Public Works (the "Board") is concerned about the precedent that would be set by granting the request. We respectfully request that the Board reconsider the proposed resolution, which places the Owner's project in jeopardy, and instead grant the Owner's request. By way of background, the Owner is proposing to construct a 4-story (with occupied basement) apartment wood-frame building with a total of 9 units and 36 bedrooms on the Project Site (the "Project"). The Project is in the CR-4 Collegetown Area Form District. On January 24, 2017, the City of Ithaca Planning and Development Board (the "City Planning Board") approved the Transportation Demand Management Plan, and granted Preliminary and Final Site Plan approval, for the Project as set forth in plans submitted by the Owner's architects, Stream Collaborative (see https://lfweb.tompkins- co.org/WebLink/13/doc/585638/Pagel.aspx). In reliance on the approvals issued by the City Planning Board, including the story, unit density and overall Project design, the Owner proceeded with closing its purchase of the Project Site in the amount of $1.5 million. This included securing a mortgage in the amount of $675,000. On July 5, 2017, the Owner secured a construction mortgage in the amount of $815,000 in order to finance the construction of the Project as approved by the City Planning Board. Thereafter, the Owner applied for and obtained a demolition permit and foundation permit for the Project. The prior structure on the Project Site has since been demolished and excavation has occurred for the proposed foundation. To date, the Owner has invested approximately $200,000 in consulting, demolition and excavation costs. At no point during the approval process, the purchase of the Project Site, the closing of construction financing, or the demolition and foundation excavation was the Owner made aware of the requirements of Appendix D of the Fire Code related to Fire Apparatus Access Roads. In fact, Appendix D of the Fire Code provides that it is not mandatory unless specifically referenced in the adopting ordinance, and absent City enforcement or disclosure during the approval process, there is nothing in the City Code which would have alerted the Owner as to these requirements. It was not until October 2017 that the Owner was advised by the City of this recent change in the Fire Code, which has now essentially rendered the Project, as approved by the City Planning Board, incapable of being completed without relief from either the requirements of the Fire Code or the removal of the few parking spaces located along the frontage of the Project Site. As the City has acknowledged, it was only recently made aware of these aerial access provisions and was unaware of them when the Project, among others, were being reviewed. Board of Public Works Meeting Minutes December 11, 2017 14 In order to apply to the State for a variance from the requirements of the Fire Code, the Owner will be required to design and implement significant mitigation, such as steel frames, rooftop stair access, and wider doorways and stairs, all of which are not contemplated in the current design approved by the Planning Board, and would be at significant cost to the Owner. Based on the Owner's initial estimates, the cost of concrete and/or steel construction will be approximately $700,000-$1 million in increased costs over the current wood-frame design. This amount was simply not contemplated when the Owner (i) calculated the unit density necessary to develop a Project with a reasonable rate of return; (ii) purchased the Project Site; or (iii) obtained its construction financing. The other referenced mitigation measures would similarly involve costly redesign efforts by the Owner and its consultants, including a loss of units. Justifying these additional unanticipated expenses,-based on the unit density and financial projections of the Project as relied on by the Owner and its lenders, will be problematic. On the other hand, the Owner's request that a loading zone be created along the street frontage of the Project Site is clearly reasonable under the circumstances given the City's unawareness of this issue and issuance of Project approvals, which the Owner has now relied on to its detriment. Nor will granting the Owner's request result in precedent. The law is well settled that a board acts arbitrarily only where it fails to set forth its reasons for reaching a different result on essentially the same facts; critically, a board need not adhere to prior precedent unless the cases bare sufficient factual similarity (see, e.g., Moore v Town of Islip Zoning Bd. of Appeals, 70 AD3d 950 [2d Dept. 2010]). Such is not the case here because of the unique circumstances of this case. Moving forward, an owner or applicant, including the Owner, is on notice of the Fire Code requirements and can plan the design of any project accordingly, taking in account project costs when acquiring and financing the project. Unfortunately, the Owner in this case was unable to do so. For these reasons, the Owner respectfully requests that the Board reconsider the proposed resolution, which places the Owner's project in jeopardy, and instead grant the Owner's request that a loading zone be created along the street frontage of the Project Site. We look forward to appearing before the Board on Monday, December 11, 2017.” Supt. Thorne asked whether the owner had done his due diligence before purchasing the property by meeting with officials from the Building and Fire Departments in order to get approval to proceed with the project. Mr. Demarest responded in the affirmative and noted they had attended meetings and met with code officials during their pre-building permit application meetings. Deputy Building Commissioner Niechwiadowicz admitted that this requirement is something that has been in the New York State Fire Code; however, the inspectors from the City Building and Fire Departments only recently became aware of it. Prior to that, it was not enforced nor on anyone’s radar. If the applicant had known about the requirement, he would not have purchased the property. He further noted that officials from New York State informed him that it is an optional requirement that the City can choose whether or not to enforce. Mr. Mancuso stated that he has discussed the issue with City Attorney Lavine and there is some clarity that is needed about how future projects will be dealt with. Since this is now a known requirement, future developers can mitigate it at the beginning of the project since they know about it. Right now, this applicant doesn’t have that option because the requirement was not brought to his attention until now. Board of Public Works Meeting Minutes December 11, 2017 15 Mr. Demarest explained, in order to clarify for the Board about where the applicant and project developer are currently in the project, that the project has been reviewed for its engineering design, building permit requirements, fire department requirements, site plan review requirements, demolition requirements for the existing building, and the foundation has been constructed. One of the proposed mitigations from Fire Chief Parsons is to construct a wider driveway adjacent to the current driveway; however, there is no room to do that. If they were to do that, it would mean the loss of four parking spaces - right now, only two parking spaces are affected. What they are asking for is removal of those two parking spaces to give the Fire Department the 26’ access that it needs for its apparatus in an emergency situation. CC Liaison Fleming asked whether the project includes onsite parking or whether the two parking spaces that would be loss are metered. Mr. Mancuso responded that there are no meters and there will be no onsite parking for the project. Commissioner Warden stated that the issue for the Board is the precedent that would be set if the request is approved because of its potential for major impacts to parking all over Collegetown. Right now, there are two existing projects that he is aware of in this situation – the 210 Linden Avenue project and a Novarr project. He wondered whether the Board could “resolve” to not let this happen again, since this has big financial implications for these projects. Mr. Mancuso stated that after consulting with City Attorney Lavine about the situation, the Board could “Resolve” based on particular financial implications, the unique site and stage that project is at, to grant the request. Supt. Thorne stated that the Board of Public Works has been asked to resolve the problem by creating a loading zone. Personally, this is a big issue, since there is a lot of development occurring all over the City and if the City is going to enforce the requirement it will become a bigger problem with regard to parking. He would like to discuss the project and proposed mitigations with Fire Chief Parsons and Deputy Building Commissioner Niechwiadowicz before removing two parking spaces because of the domino effect it will have on parking in the area and complaints from neighbors that will be coming into the City. He does not like the proposed solution to the problem; however, the question before the Board is whether this is an appropriate location for loading zone. Director of Engineering Logue stated that converting the two parking spaces into a loading zone doesn’t make it compliant because New York State Fire Code needs 26’ street clearance and the street is only 22’. This is something the applicant can offer the New York State Variance Board to come closer to meeting the requirements with his variance application. However, the applicant does have the Fire Chief’s support for the proposal - if they didn't, they could not proceed with the project or the variance. This change will be for the life of the building. Commissioner Greene stated that he is not in favor of creating a loading zone; however, with the sequence of events that transpired for this project it appears that no one did anything wrong. He would be interested in hearing from the planning department on the request. Board of Public Works Meeting Minutes December 11, 2017 16 Supt. Thorne agreed; he would like staff to meet with Fire Chief Parsons and Deputy Building Commissioner Niechwiadowicz because the solution for the problem that is agreed upon is going to permanent. Therefore, more discussion and thought needs to be put into the proposed solution. Commissioner McCormick stated that he was surprised to see the resolution to deny the request based upon previous discussions of the Board. He is agreeable to either a loading zone or natural curve bump out in order to mitigate the problem. Taking from his experience as a member of the Board of Zoning Appeals, the remediation is permanent. The proposal does not dead-end the street, and this would be a very unique and special solution for this particular property owner. Being a unique case he could envision the other project coming to Board to grant a similar request. Beyond that, he would not consider other cases since the code requirement is now known. This doesn’t mean the City has lost all options on this street be it a mountable curb bump out or bike lanes; there just won’t be cars parked in the two spots – it would become a twenty-four hour loading zone. Mr. Demarest stated that Director of Engineer Logue is correct that the street is 22’ wide; however, with a mountable curb bump out they would get a width of 26’ so a mountable curb bump out might be a good solution, and people wouldn’t park there. Director of Engineering Logue responded that it would depend upon what Fire Chief Parsons will say - what is an obstruction versus a risk. The Fire Chief has a lot discretion and according to the code it does provide him the authority to allow the proposed plan for mitigation. It is strange how much lee-way there is in the code to mitigate the problem based upon discretion. Supt. Thorne agreed that the financial impact to the applicant does support the argument, especially if the building had been built last year it would have been approved. This is not unique and in most areas of the City projects will run into this so the City will need to create a policy on how it wants to handle the requests. The creation of a loading zone is a band aid and does not fix the larger issue. He knows the applicant understands that; they have a hole in the ground plus they have followed all the rules and complied with all the requirements enforced by the City. He also understands and thinks its’ wrong what happened; however, he does not want to minimize the future impacts of the proposed mitigation to the requirement . Mr. Mancuso further noted that the bank won’t provide additional financing for the project, the applicant has done everything they should as directed by the City. Unfortunately for his client, this Board is the one they feel is in the best position to approve the request with the proposed mitigation with the minimum impact. Commissioner Greene summarized the discussion for the Board, and confirmed that staff would like to have an internal discussion about the proposed solution and then have the request come back to the Board for a vote. In lieu of that additional information, the resolution should not be voted on today. Commissioner McCormick stated that he would not support denying the request. He doesn’t think that just because this is a “band aid fix” doesn’t mean it should not be a loading zone. He requested that a resolution be provided for the Board to vote on in January to approve the request. Supt. Thorne stated that the Board does not have to vote on the resolution; if they don’t vote to deny the request then it would be approved. That being said, this item should Board of Public Works Meeting Minutes December 11, 2017 17 be tabled pending a meeting with the Building, Planning and Fire Departments to discuss further. Commissioner Warden stated that he feels strongly that a solution for this specific case needs to be found because it’s unique and pausing for a month creates more financial hardship for the applicant. He would like to resolve the situation as soon as possible. Would there be any way to expedite this and have this case move ahead as its own entity – perhaps a special meeting for the Board to vote on it. Director of Engineering Logue responded that with the logistics of all the departments involved, a meeting won’t happen in a week, and having the Christmas and New Year’s Holiday in between does not help either. Supt. Thorne explained that this resolution will not need to come back to the Board for a vote because staff of the Building and Fire Department can take care of it. The only issue for the Board is whether to create a loading zone or not. Commissioner McCormick responded that in that case, shouldn’t there be a resolution for the Board to approve the creation of a loading at its next meeting? Board members expressed their support for the request as long as Fire Chief Parsons and Deputy Building Commissioner Niechwiadowicz agree and support the proposed mitigation. Adjournment: On a motion the meeting adjourned at 7:45 pm __________________________________ ________________________________ Sarah L. Myers, Claudia Jenkins, Information Management Specialist Vice Chair