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HomeMy WebLinkAbout02-19-19 Board of Public Works Meeting AgendaBPW Meeting Board of Public Works AGENDA ITEMS Topic 1. Call to Order/Agenda Review 2. Mayor's Communications 3. Communications and Hearings from Persons Before the Board 4. Response to the Public 5. Reports A. Special Committees of the Board B. Council Liaison C. Board Liaisons D. Superintendent and Staff 6. New Presentations 7. Administration & Communications A. Minutes for Approval 1. August 2018 2. September 2018 Voting? No No No No No DATE: February 19, 2019 TIME: 6:00 pm LOCATION: 3rd Floor, City Hall, Council Chambers 108 E. Green St., Ithaca Time Presenter(s) Allowed Mayor Myrick Mayor Myrick Public 5 min. Commissioners Various 15 min. Yes Mayor Myrick 5 min. B. Resolution to Repeal DPW Drug and Alcohol Yes Supt. Thorne 10 min. Testing Policy Statement The Superintendent would like to repeal the policy that was enacted in 2002 and prepare a new policy that contain different penalties for employees that test positive for drugs. 8. Buildings, Properties, Refuse & Transit A. Resolution to Authorize Execution of a License Yes Supt. Thorne 10 min. Agreement for Installation and Maintenance of TCAT Bus Shelters within the City Right of Way TCAT wants to install new bus shelters along their bus routes. The shelters would be constructed in the City's right of way. They are requesting a revocable license agreement for the installation and maintenance of those shelters. 9. Highways, Streets & Sidewalks A. Vision Zero Initiative No Dir. of Eng. Logue 10 min. A request for the city to official adopt a "Vision Zero" strategy for the city's roadway network will be sent to Common Council. This discussion is for the Board's information and discussion. B. City Speed Limit Change No Dir. of Eng. Logue 15 min. After extensive evaluation, staff is recommending a change to the speed limit with the City. C. 2019 Traffic Calming Program Recommendations No Dir. of Eng. Logue 10 min. This is an update on the Traffic Calming Program. 10. Parking & Traffic A. 304 Mitchell Street Request for Residential No Dir. of Parking 15 min. Parking Permits Messmer Information was gathered and is presented to explain the history of RPPS for this address and If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, p/ease contact the City Clerk at 607-274-6570 at least 48 hours before the meeting. The Board of Public Works meets on the second and fourth Mondays at 4:45 p.m. All meetings are voting meetings, opening with a public comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend. Time Topic Voting? Presenter(s) Allowed the reasoning for allowing the resident to purchase a permit. B. Resolution to Add a Handicap Parking Sign Yes Dir. of Parking 5 min located at 126 Farm Street Messmer The City received a request for an additional Accessible Parking Space on Farm Street. C. Resolution to Add a 15 minute Parking Zone in Yes 5 min. Front of CFCU Community Credit Union on Esty Street The City would like to change the parking regulations on Esty Street to allow for 15 minute parking adjacent to CFCU Community Credit Union. D. Resolution to Establish No Parking Anytime on Yes 10 min. Both Sides of the Full Length of Pier Road City staff is requesting that parking be prohibited along Pier Road. E. Resolution to Establish 15 minute Parking on the Yes 5 min. North Side of East Court Street Adjacent to Temple Beth El The City would like to modify the parking regulations on Court Street near Temple Beth El to 15 minute parking. 11. Creeks, Bridges & Parks A. Resolution Accepting Title to Portions of Brindley Yes Dir. of Eng. Logue 10 min. and Taber Streets and Assuming Maintenance Responsibility A resolution is required stating that the City accepts the property for the Brindley Street Bridge Project and agrees to maintain the same. A. Authorization for Mayor to Execute a Yes Dir. of Eng. Logue 10 min. Memorandum of Understanding ("MOU") with the Town of Ithaca to Permit the Town to Use the Route 13 Pedestrian Bridge for the Gateway Trail - Resolution The Town of Ithaca is moving forward with the Gateway Trail and would like to enter into an MOU with the City for use of the pedestrian bridge that crosses Route 13. 12. Water & Sewer A. Denial of Appeal of Water Service Installation Yes Asst. Supt. Whitney 5 min. Billing for 926, 930, 936 Hector Street — Resolution A resolution denying the appeal is provided per the Board's discussion in January 2019. 13. New Business No 14. Adjournment Yes Date: February 13, 2019 Page 2 of 11 7B. Resolution to Repeal DPW Druq and Alcohol Testing Policy Statement WHEREAS, the City of Ithaca Department of Public Works has a Policy Statement for Drug and Alcohol Testing, adopted by the Board of Public Works on December 11, 2002, which follows US Department of Transportation regulation 49 CFR Part 40 for employees who are required to hold Commercial Drivers Licenses, but which also imposes additional penalties on DPW employees who have positive test results, and WHEREAS, the additional penalties imposed by the DPW policy statement have the potential to penalize the Department of Public Works and the City of Ithaca as well, by placing the employee who tests positive on unpaid leave for an undefined period of time (typically 1 to 2 months), thereby leaving the DPW workforce shorthanded, and WHEREAS, the Superintendent of Public Works, in consultation with Human Resources and the City Attorney's office, is desirous of developing new penalties for employees who test positive on random drug tests, and which such process shall be consistent with USDOT 49 CFR Part 40 and the Tompkins County Consortium Drug and Alcohol Testing Program Policy, the latter of which was adopted by the City of Ithaca in 2010, and WHEREAS, adoption of a new DPW policy, implemented and modified as needed from time to time by the Superintendent of Public Works, requires the repeal of the current policy, therefore be it RESOLVED, That the City of Ithaca, Department of Public Works Omnibus Drug and Alcohol Testing Policy Statement adopted by the Board of Public Works on December 11, 2002 is hereby repealed, and be it further RESOLVED, That the Superintendent of Public Works shall adopt a new and similar policy and, in consultation with Human Resources and the City Attorney's office, will develop new penalties thereunder for employees who are required to participate and subsequently fail random drug and alcohol tests. Page 3 of 11 8A. Resolution to Authorize Execution of a License Agreement for Installation and Maintenance of TCAT Bus Shelters within the City Right of Way WHEREAS, Tompkins Consolidated Area Transit, Inc. (TCAT), a not-for-profit corporation, has received funding to install certain bus shelters within the City of Ithaca; and WHEREAS, the current proposed site to utilize an existing concrete pad, installed by the City, and within the City's right of way east of the Salvation Army building, located at 150 North Albany Street; and WHEREAS, the installation and maintenance of bus shelters provides a benefit to City residents; and WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs, due to the existing use of City owned property at this location; and now, therefore, be it RESOLVED, That the Board of Public Works authorizes the Mayor, upon the advice and counsel of the City Attorney, to enter into a revocable license agreement with TCAT for installation of the above -referenced bus shelter. 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((I:2 L.11 (UJ Z 2 w w H 7 0 I— 0 LICENSE AGREEMENT—TRANSIT FACILITIES This License Agreement, effective as of , is by and between Tompkins Consolidated Area Transit, Inc., with offices at 737 Willow Avenue, Ithaca, NY 14850 ("TCAT"), and with an address of/offices at ("Licensor"). TCAT and Licensor agree as follows: 1. Licensor grants to TCAT a revocable Iicense to erect,place, replace, maintain, repair, and inspect a bus shelter, public transit sis,mndre|atedfani|ities/coUectivek/refenadtoay"Transit Faci|ities"\vvithintheLicenseAnea/deschbedbe|ovv\onLicensor'sproperty(the"Propertx")|ocatedat , together with the rights of free ingress and egress in, over, across, upon and under the License Area. The license includes the right of the public to use the Transit Facilities and to have ingress and egress rights over and across the License Area to wait for, board and exit from public transit buses. The License Area and Transit Facilities' locations, dimensions, and methods of installation are shown and described in attached Exhibit A, which Exhibit is incorporated by reference into this License Agreement. The parties may amend Exhibit A from time to time by a written document signed by both parties. 2. Licensor agrees that no buildingsstructures, trees or plants shall be constructed, installed, placed or maintained within the License Area that interfere with complete access to or the use of the License Area by TCAT, its successors, assigns, employees or agents, or the public, as described herein. 3. Licensor agrees it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interferes with the rights as described herein of TCAT, its successors, assigns, employees or agents, or the public. 4. Except as otherwise set forth in this paragraph, TCAT shall be responsible for all expenditures of labor and materials and other expenses to erect, place, replace, maintain, repair, and inspect the Transit Facilities, as well as for all labor or other expenses to relocate or dismantle them. All Transit Facilities are and shall remain the property ofTCAT Licensor shall be responsible for the foliowing List labor 5. Licensor shall be responsible for the cutting or trimming of any vegetation within the License Area, the removal of trash from trash receptacles and litter from the License Area, and cleaning the Transit Facilities. 6. shall be responsible for the removal of snow and ice from the License Area. 7. TCAT is responsible for obtaining any applicable site plan or other zoning approvals for the Transit Facilities. If any portion of the Transit Facilities will be within any part of the New York State, Tompkins County or municipal right-of-vvay,TCATis responsible for obtaining and complying with all required New York State Department of Transportation, Tompkins County Highway, or municipal highway permits associated with the placement of the Transit Facilities within the right-of-way. 8. If a Transit Facility poses a hazard to Licensor's operations or the public, Licensor may direct TCAT by written notice to remove or repair the Transit Facility. TCAT shall do so as soon as feasible. If Licensor determines in its sole discretion that the hazard must be addressed by immediate action, Licensor may remove the Transit Facility without prior notice to TCAT and thereafter notify TCAT that it 1 took such emergency action. TCAT shall reimburse Licensor for its reasonable removal costs within fifteen (15) days of receipt of Licensor's documentation of costs. 9. The license shall remain in effect unless and until this License Agreement terminates.Either party may terminate this License Agreement upon sixty (60) days advance written notice to the other party. In addition, this License Agreement will automatically terminate if TCAT removes all Transit Facilities from the License Area and does not install any Transit Facilities within the following sixty (60) day period. 10. If the License Agreement is terminated, TCAT must remove all Transit Facilities by the termination date. Upon permanent removal of a Transit Facility from a location (regardless of whether the License Agreement is terminated), TCAT shall restore the grade and original ground cover that were disturbed by the Transit Facility's installation (if applicable), unless Licensor agrees in writing to accept a different property condition. 11. Licensor is not charging TCAT a fee for the license, as the parties agree that TCAT provides a valuable benefit to Licensor by transporting customers/residents on buses to the Property, and the Transit Facilities will make it easier for Licensor's customers/residents to take TCAT's buses to and from the Property. 12. Throughout the term of this License Agreement, TCAT shall maintain General Liability insurance in the amount of $1,000,000.00 per occurrence for bodily i'uryorpropertydamnage,|istthe Licensor as an additional insured under said insurance policy, and provide written proof of such insurance from the insurer, prior to the effective date of this License Agreement, and thereafter as required by Licensor. 13. This License Agreement is binding upon the partiestheir respective representativesand successors and assigns. 14. This License Agreement is made in New ¥ork, and it shall be construed under the laws ofthe State of New York without regard to, or the application of, New York State's choice of law provisions. Both parties consent that if any action is brought to enforce this License Agreement, it shall be brought only in an appropriate court in Tompkiris County, New York, and both parties consent to the jurisdiction ofsuch court. 15. Any notices or other communications given under or in relation to this License Agreement shall be deemed given if served personally or by commercial courier service upon the other party at the address set forth above, or if mailed by certified mail to the other party at the address set forth above, return receipt requested. All notices shall be effective upon the date of receipt. Either party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other party. 16. This License Agreement constitutes the entire agreement between the parties and supersedes any and all prior written or oral agreementsnegotiations or understandings, existing between the parties. This License Agreement may be amended only by a written document signed by each party. The parties have executed this License Agreement on the day(s) and year written below. 2 TOMPKINS CONSOLIDATED [LICENSOR'S NAME] AREA TRANSIT, INC. By: By: [name] [name] General Manager [title] Date: Date: Exhibit A 4 CI A. To: Common Council From: Eric Hathaway, Transportation Engineer Date: 2/13/2019 Re: Vision Zero Initiative I am writing to request that Common Council consider adopting the attached resolution and officially embrace a "Vision Zero" strategy for the City's roadway network. Vision Zero is a methodology to eliminate traffic fatalities and severe injuries occurring on the roadway network. Vision Zero is a non-traditional approach to safety that requires a shift in how communities approach decisions, actions, attitudes and safe mobility. Vision Zero's innovative "Safe Systems" approach acknowledges that people make mistakes and focuses on influencing system -wide practices, policies, and designs to lessen the severity of crashes. The three core elements for all Vision Zero communities are described below: Core Elements Leadership and Commitment • The Mayor, elected officials, and leaders within transportation, public health and police, commit to the goal of eliminating fatalities and serious injuries by a specific timeframe. These leaders work collaboratively toward this goal. • Meaningful and accessible community engagement is employed with a focus on equity • An action plan is developed with goals and strategies for achieving them • Projects are prioritized that have safety benefits Safe Roadways and Safe Speeds • Streets are designed to create safe, well-connected transportation network for all users • Proven speed management policies are used to achieve safe conditions for all users February 13, 2019 Data -Driven Approach, Transparency and Accountability • Commitment is made to equitable approach and outcomes, prioritizing engagement and investments in under -served communities • A proactive, systems -based approach is used to identify and address risk factors • Map of fatal and severe injury crashes is developed to prioritize projects • Findings are shared with decision makers and the public I believe that the core elements described above represents a comprehensive approach to traffic safety that would effect change in our community. The natural question to ask; however, is whether we have a problem worth solving. at I have described above is a significant effort and represents a change from how most communities approach safety. The engineering office has bea city-wide evaluation of the crash trends for a 10 year period using a state-wide database. We have found a record of 11,525 crashes, 1,393 (12%) inj crashes, 178 (1.5%) severe injury crashes and 5 fatalities. Based on these numbers, I do believe that the City of Ithaca has room to improve safety and that a comprehensive approach is justified. Next Steps If Common Council and Mayor Myrick adopt Vision Zero, below are some of the initiatives that I would undertake to move towards a safer transportation network. I invite further suggestions as well. Conduct a kick-off meeting with at least the following stakeholders to discuss Vision Zero, partnership opportunities and key components of an action plan. o Jan Lynch, Executive Director of Finger Lakes Independence Center o Lisa Monroe, Director of Tompkins County Office for the Aging o Nydia Boyd, Executive Director Southside Community Center o Pete Tyler, Police Chief o Dr. Luvelle Brown, Superintendent ICSD o David Smith, NYSDOT Region 3 Regional Director o Fernando DeAragon, Executive Director ITCTC o Frank ppa, Public Health Director Tompkins County o Victoria strong, Bike Walk Tompkins o Bridgette Brady, Senior Director of Transportation Cornell University o Scot VanderPool, TCAT Operation Manager o Gary Ferguson, Downtown Ithaca Alliance o Member of Common Council o Member of Board of Public Works o Member of MATCOM o Member of Way2Go o A representative from all active neighborhood groups 2 February 13, 2019 • Create a working group, made up of representatives from the Ithaca Police Department, Public Health Dep. ent and the Transportation Engineer to meet quarterly on initiatives and report back annually to the group listed above. • Conduct Public Outreach Meetings with a focus on existing community groups and communities that have not already requested traffic calming improvements. These meetings would focus on anecdotal safety information not available from crash data such as near -misses or places where people avoid walking or biking due to safety concerns. • Send an open invitation to neighborhoods that would like to welcome the Transportation Engineer to walk their streets with them and discuss their concerns • Engage with the public health community to bring a new perspectives and information to the issue of traffic crashes. Some communities have partnered with hospitals to collect additional information on crashes involving pedestrians and bicyclists, as this information is often under -reported in traditional crash records. The health community could also bring an epidemiological perspective to identify risk factors in crashes. • Develop a complete streets design policy in coordination with the City's upcoming Transportation Plan • F er evaluate crash records resulting in severe injuries and fatalities to find trends and associated systemic countermeasures • Investigate locations with higher crash occurrences and rates to identify location specific countermeasures • Seek grants to install advanced traffic signal equipment that can better detect and react to vehicle, bicycle and pedestrian behavior • Update existing traffic signal controllers and communications network to optimize vehicle progression at speeds of 25 miles per hour • Continue to pursue jurisdictional reali i ent that would grant the City control over traffic signal operation and roadway design in downtown Ithaca along Green Street and Seneca Street An Immediate Action The first action I recommend under the Vision Zero initiative is to pursue lowering the area - wide speed limit from 30 miles per hour to 25 miles per hour. The Engineering Office has evaluated speeds at roughly 20 locations as part of the City's traffic calming program. One finding from this work is that traffic speeds on many of these streets is almost entirely under the city-wide speed limit of 30 miles per hour. Considering this, along with the residential nature of almost all of Ithaca's streets, it is our conclusion that it would be appropriate to reduce the speed limit to 25 miles per hour on the majority of Ithaca's roadway network and to 20 miles per hour in some locations. February 13, 2019 A recent study by the Insurance Institute for Highway Safety found that a City-wide speed limit reduction in Boston from 30 miles per hour to 25 miles per hour resulted in lower speeds. This was independent of roadway infrastructure changes. Average speeds were not greatly impacted, but the number of vehicles traveling over 35 miles per hour was reduced by 29.3 percent. It is well documented that speeds in this range represent a danger to pedestrians. Unfortunately, New York state law does not currently allow communities to establish city- wide speed limits under 30 miles per hour. The attached resolution would establish that Common Council believes this is not appropriate. The attached resolution states that an appropriate state law would permit the City of Ithaca, and all other cities and villages in New York State, to establish appropriate city-wide and individual street speed limits, based on accepted engineering practices. Through my conversations with Barbara Lifton's office, this resolution would be the first step towards requesting that the state law be changed to allow communities to establish appropriate speeds in their community. I do want to clarify that setting a city-wide speed limit of 25 miles per hour does not preclude setting individual speed limits higher than 25 miles per hour. It is likely that some roadways in the City would remain posted at 30 miles per hour; however, they would be the minority of roadways. Therefore, a 25 mile per hour area speed limit would be more appropriate and efficient for city-wide signage. Conclusion I believe that, by the City adopting Vision Zero as a philosophy, we have an opportunity to better understand traffic safety issues and will be better equipped to improve safety. 4 RESOLUTION NO. A RESOLUTION SUPPORTING THE CITY OF ITHACA'S VISION ZERO PLAN TO ELIMINATE ALL TRAFFIC -RELATED FATALITES AND SERIOUS INJURIES WHEREAS, traffic crashes are among the leading cause of death and injury within the United States; and WHEREAS, traffic crashes are the leading cause of injury related death, second leading cause of injury related hospitalizations and third leading cause for injury related emergency department visits in New York State. On average, three New Yorkers die every day due to a traffic -related crash. The combined hospitalization and emergency department charges average $1.1 billion, annually; and WHEREAS, from 2008 to 2017 the City of Ithaca had a total of 182 serious injury crashes including 5 fatalities; and WHEREAS, the City is hereby recognizing that these crash statistics are not acceptable for citizens, commuters, and tourists who live, work and play in the City of Ithaca; and WHEREAS, death and injury on our streets is unacceptable and many serious crashes are preventable; and WHEREAS, traffic deaths and serious injuries in the United States have disproportionately impacted pedestrians, cyclists, people of color, low-income households, older adults and youth, people with disabilities, and households with limited vehicle access; and WHEREAS, the City will hereby commit to decreasing these crash statistics by endorsing Vision Zero, which is a safe systems approach and strategy to eliminate all traffic fatalities and severe injuries, while increasing safe, healthy, equitable mobility for all; and WHEREAS, the City of Ithaca will create a Vision Zero action plan that focuses on safety as a primary objective in designing transportation projects; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Ithaca, NY, that: SECTION 1. The City of Ithaca hereby adopts a goal of eliminating traffic deaths and serious injuries; and endorses Vision Zero as a comprehensive and collaborative approach that involves several City departments in order to achieve this goal, and be it further RESOLVED The Common Council directs Public Works and Police Department to create and pursue a Vision Zero Action Plan for future consideration by the Common Council, based upon a comprehensive analysis of traffic deaths and injuries in the City of Ithaca. SECTION 3. Common Council directs the Transportation Engineer to oversee the Vision Zero Action Plan to addresses traffic deaths and serious injuries through a collaborative combination of engineering, enforcement, education, and evaluation, with public engagement and other stakeholders. SECTION 4. This Resolution shall take effect immediately upon its adoption. PASSED AND DULY ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA THIS DAY OF , 2019. To: Common Council From: Eric Hathaway, Transportation Engineer Date: 2/13/2019 Re: City Speed Limit Change The Engineering Office has evaluated speeds at roughly 20 locations as part of the City's traffic calming program. One finding from this work is that traffic speeds on many of these streets is almost entirely under the city-wide speed limit of 30 miles per hour. Considering this, along with the residential nature of almost all of Ithaca's streets, it is our conclusion that it would be appropriate to reduce the speed limit to 25 miles per hour on the majority of Ithaca's roadway network and to 20 miles per hour in some locations. A recent study by the Insurance Institute for Highway Safety found that a City-wide speed limit reduction in Boston from 30 miles per hour to 25 miles ner hour resulted in lower speeds. This was independent of roadway infrastructure changes. Average speeds were not greatly impacted, but the number of vehicles traveling over 35 miles per hour was reduced by 29.3 percent. It is well documented that speeds in this range represent a danger to pedestrians. Unfortunately, New York state law does not currently allow communities to establish city- wide speed limits under 30 miles per hour. The attached resolution would establish that Common Council believes this is not appropriate. The attached resolution states that an appropriate state law would permit the City of Ithaca, and all other cities and villages in New York State, to establish appropriate city-wide and individual street speed limits, based on accepted engineering practices. Through my conversations with Barbara Lifton's office, this resolution would be the first step towards requesting that the state law be changed to allow communities to establish appropriate speeds in their community. I do want to clarify that setting a city-wide speed limit of 25 miles per hour does not preclude setting individual speed limits higher than 25 miles per hour. It is likely that some roadways in the City would remain posted at 30 miles per hour; however, they would be the minority of roadways. Therefore, a 25 mile per hour area speed limit would be more appropriate and efficient for city-wide signage. 1 RESOLUTION NO. A RESOLUTION SUPPORTING THE REDUCTION OF THE CITY-WIDE DEFAULT SPEED LIMIT FROM 30 MILES PER HOUR TO 25 MILES PER HOUR WHEREAS, the observed speeds that citizens report as feeling unsafe in their communities has been shown to be less than 30 miles per hour through speed evaluations; and WHEREAS, Federal Highway Administration methodologies recommend speed limits 25 miles per hour and under on the type of roadways common in the City of Ithaca; and WHEREAS, a study by the Insurance Institute for Highway Safety demonstrated that a City-wide speed limit reduction in Boston from 30 miles per hour to 25 miles per hour resulted in lower speeds, especially in excess of 35 miles per hour; and WHEREAS, reduced speeds minimize stopping distance of vehicles and the likelihood of injury or fatality as a result of a collision with a pedestrian; and WHEREAS, reduced speeds narrow the difference in operating speeds of vehicles and bicycles, which can improve safety for these vulnerable users of the roadway network; and WHEREAS, iower speeds provide greater flexibility in roadway design; and WHEREAS, a reduction in speed from 30 miles per hour to 25 miles per hour represents an increase in travel time of only 24 seconds per mile under free flow conditions; and WHEREAS, the State Vehicle and Traffic Law Section 1643 prohibits cities and villages from establishing area -wide speed limits below 30 miles per hour and also prohibits establishing any speed limit under 25 miles per hour on any roadway (except school zones). WHEREAS, in some cases, this law prevents the City from establishing appropriate speed limits based on accepted engineering practices; and NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Ithaca, NY, that: SECTION 1. The City of Ithaca hereby requests that the State of New York amend Vehicle and Traffic Law Title 8, Article 38, Section 1643 to allow all communities to establish a city-wide speed limit as low as 25 miles per hour. Further, on roadways where established FHWA methodologies for establishing speed limits recommend speed limits lower than 25 miles per hour, cities and villages should be permitted to post speed limits lower than 25 miles per hour. PASSED AND DULY ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA THIS DAY OF , 2019. TQ: FROM: CITY OF ITHACA 1(08 Kist Green Street, Suite 202 Ithaca. NeW )(Oa 14850-5690 OFFICE OF Tilt C11-1' ENGENELR Telephone 607.27.4-6530 Etx: 607/27±6587 Board of Public Works Eric Hathaway, Transportation Engineer Kent Johnson, Assistant Transportation Engineer RE 201 2019 Traffic Calming Program recommendations DATE: January 23, 2019 This memo provides an update to the previous Traffic Calming Program memo dated 3/7/ 8. The previous memo outlined the work proposed to occur in 2018. This memo summarizes the work accomplished in 2018 and work to be carried over into the 2019 season, along with a few proposed revisions to the work plan, Work acconiplished in 2018: Twenty traffic calming request applications were processed and evaluated, Staff proposed and evaluated possible traffic calming measures at a few additional locations. Traffic calming infrastructure plans were created, Six driver speed feedback signs were installed. In 2018, almost $40,000 was invested in traffic calming infrastructure and equipment. Work proposed to occur in 2019: A spreadsheet is provided below detailing the evaluation results from each traffic calming request — summary of the work proposed to occur in 2019 is listed below: 200 block S. Geneva St. — establish an at -grade mid -block crosswalk including curb bump -outs to shorten the crossing distance and improve visibility. 300 block S. Geneva St. — install a concrete center island at the approach to N. Titus Ave. to encourage drivers to slow down when turning from N. Titus Ave, onto S. Geneva St. Hudson St./Hillview P1. intersection area — install additional pedestrian crossing treatrnents including a curb bump -out, new curb ramps, and in -street yield to pedestrian sign. Also install white edgeline in the northbound direction on Hudson St. between Crescent P1. and Hillview P1. E. Falls St. — install a raised crosswalk across E. Falls St. at the N. Tioga St. inter. ction, E. Seneca St. — install curb bump -outs at the Schuyler P1 intersection. - W. Court St, — install two raised crosswalks to connect to Washington Park to complete previously planned work. - Mitchell St. — install speed hump in the 800 block. - Madison St. — install speed hump in the 200 block. Fair St, area — install concrete raised center islands on South Stand on Wood St. on their eastbound approaches to Fair Street. Install a speed hump in the 300 block of Wood St. The total cost for design and construction work planned for 2019 is estimated to be around $80,000. \CAPITAL PROJECTS1Traffic Calming - CP 841 \New Traffic Calming project CP 841 \MEMO to BPW - 2019 Traffic Calming recommendations - rev 1-23-19.doc A» hporophry Employer with a onifirihtmont or workforce diversification," t Traffic Calming Program Request Log CP #841 P. mans 3313 111810310 Amts.. 3133 3.3 application Request bcatlon peg.. submitted AY Applicants' waffle SPAPPR. Summar/ et We Progingerkig Offias Waffle emaluatIon Status PP Request 810811113127 processing cruplete? on tigicuming sortunicskin Plau? Kowa to dew Upcoming anticipated newts Total Essarnatmil .0114 secludes 300,112p work? 4/11/2017 2013 200 61.a.k of A Geneva St. NI, ZILtettella Hand for pedestrierw to crass the street mid- 107 2311 type of Street We traffic volumes are somewhat over the target range and 'We traffic speeds are within the target range. 3721 under evaluation...589as 1281 1143313. staff have surveyed/1e Madden and we working on developing p.m for possible rialdablock 00201and coosswalli. no 333 SO 21,100' 223,040(17 new drainage 0U110122 112 required) 71-20K unk 12/1/3027 3023 200 Neck of A 2231 10 Richard Guttridge Nock, 7/12/2017 2018 300 block WI S. Genera St. 83201r7 00302 Traffic speeds and volumes ton high, motorists not yielding ProPeriV For Wis type al strew, the traffic volumes and the Ire ic speeds are within the target range. SOH under evakiedon. tial traffic volume reduction concepts were rejected I, IFD. A mised center Island is under consideration for Installation at the south end 27012 02,03 to reduce turning speeds.No Ws $0 Centerbland $1,600 01,800 unk 0/3/2017 2013 860 Nock of E. Lincoln St. Jonathan Nall Traffic speeds and For this type of street, the traffic volumes and the traffic speeds are In the lower end of the 1813 ,1130. Completed. ne 10032 calming wark warranted in -planned, Bresswalk.kurb ramp Improvements may be made In the fimure as SID woh. yes 30 $0 ,,,,,, unk unk 803/2017 2018 1(1.200 blocks of E. Uncoln St. Torn Knipe volumes too high, too much 'cut thud traffic 3/9/2017 2018 7131016 81. (entire length) Carol Peciarhuirn yie$L, aa,,,ds and Wm this ATe of street, the tram volumes and the traffic speeds we beim the 3311 71731. Pedestrian warning crowing WirmewmOnts were determined to be We most appropriate treatment. Speed hump treatments were nejected BAND. ANSDOTwaa contacted about Route 13 intersection design a NYSIOOT believer the current design 61307.p33111. Pedestrian warning signs, <seawal, and a dWer speed feedback sign were Mstalksd. A 1100 11272 '1 01 en -street parking changn was Wstaged to slow traffic. 711 00 $10,000 04 $10,090 12021/2017 2018 Hamad St. 8100-700 Nooks) 102 068 FranklintrfilWAW 13 interwWon area 117 1711 volumes ten high, herd for pedestdans to cross street, faded crosswalks, too many crashes 8/11/2017 2018 300 block Spencer St. 83787 8130133 i yew problems may Int:tease due to We Installation of that new barrier separating the 300 170100 AMA, 'Before traffic data was coils,. and =afters data will be collected in the wring of 201A 07227 4131111,1, no na 3" unk 073 yes unk 9/1/2017 2013 900-1000 blocks of Stewart Ave. 8111Bratininger Traffic speeds toe hligia, inotorIns not obeying 1117 1873,3 Aar this type of street, the traffic volumes are at the lower end of Me target range and the traffic speeds are saith0 the target range. No traffic re.ing items were determined to he a apnaprlate, though the wrve warning Agns were updated and a cnosswalk will be installed in 2029. 111 no unk ink unk 311 10/1302017 2018 100=200 blocks iif Ithaca Rd Diane 1320 W1311110 Traffic speeds too high, hard for motorists and pedestrians Se cress 110113 70, 131 1/118172 of street, the traffic volumes are slightly below the tassel sane and the traffic speeds are slightly above the tel. range. A driver speed feedback sign laws installed, Pedestrian crossing signs and womswalk +x1,31701030. yes ma $6,000 $0 *1.000 12/19/2017 2018 100-300 blocks of Masa Rd. Renew tycako 10027/2027 2013 100 block Worth St. Whitney Mauer 311780 101131 and volumes Igo high, inotonsts not obeying stop signs. For this type of screeB the traffic volume, and speeds are at the tow end ef the target mina, ?raffia calming measurer not warrantad. 1133 no $0 SO $0 yes 00 10/30/2017 2013 900 block E. State St 81317 32313.3 Traffic speeds we high. Aree dangerous for Pedestrians, Under evaluation. Mow 111703 2111 10 10 collected in 2019 (postponed due to NYSEG work In 2018). Under evaluation, though a driwr speed feedback sign has been Installed.no- no 55,000 27*27*73,00073,0002,4 110/1027 2018 HudsonAilliview Intersection siva 1013/0113 0142 Hard lor rriortoWts, pedestrians, and bicyclists to cnass Hudson St For this typg of sPeet. the traffic volumes and the traffic speeds are with. We target range, VINOwdea were wade So the school cone signs in the area. Seine pedastrWit massing Improvements (a midi Mumpout) are still 11211 003401724103 Awign work may be 438381017 03 a contractor in 2019. no WS 13,000 $15.000 S1070111 yes 1109/3017 2018 300-300 blocks of Hector St Karim Beers Traffic speeds too high, hard to pupas the street ler pedestrians and bicyclists. 001 18111773 of street, the tragic volumes are within We target range and 11210181c speeds are considerably over the target range. A Wives sue. Seedbed sign was installed. This area Nap to be address. via the Hector St. Complete...IL Proliect 12019 er 1020) 00 1331 line was painted 08132003130 07 road Donal:he Clay gnu to Vinegar Pill ta 0 &mirage speeding. YeL no $1,000 $0 $3, 40 1206/2017 2011 100.300 limcks of E. Falls Ss Rebecca landenberger Traffic speeds a ncl voMmes too high. Par OIL type of street,110 traffic yokirnes are witNn the target range ane the Naffic speeds are somewhat over the tweet range. 1311111 111184 crosswalk ans Yes SO 01,600 SARDS 720 1200/2011 2018 110100/7127Intersection area David West Miele aisepas tiffl MCI, hard to cross the street Mr motorists. pedestrians, and bicyclists. Too many crashes. Motorists not 7014173 7,73471y. 0313312742 2173,0. Fur ...type of street (alone Clinton SAS the Wells volumes and speeds are In the upper end of the target rang. Completed. InstalWel curd Isurepout and Pedestrian messing signs. Ws no unk sink 272 332 1001/1017 2018 E. Seneca St. (POO Work areal Steven Wog 322 much ',WOW Malik. For this type 0310311/ the traffic volumes are within the target range end the 021710 181222 ane in the oprier end of the target range. Safety Improvements were made at the Schuyler/Seneca Intersection Additlunal work Wanne,d for 2019.no yes $000 $10,000 S10,300 1712 2/402018 2013 W. Court St. at Washington Park 37087 Ares planned City work 31837 ?WM age Suitable location to Implement prevAusly 7117784 411144 crosswalks irutallaticin Two rais. crosswalks scheduled We in 2019. yes Yes 30 liaises crosswalk a 01,700/ea. $3,2110 0131 5/10/2018 2013 coordinate POO blocked IVIRchgli St 8004111 nia - work planned to with We 611107 747171110222 7700103 Fpr this type PI street, the traffic volumes are witthin the Puget range and the Nark speeds Speed mowed the upper end of We toRget range. 2019. Bump...sled for installedon In Wr Ims 70 S1.300 $1,200 yes 112 20113 200 block of Madison St. Staff include Illud. Waft ;now would like to traffic calming measures along the Bike 32104 11118 Madison St. tp encourage For bicycle use. speeds this type of street, the 0affic wilowes and One ere within the target range, installation. speed hump Is proposed far no yes 00 Speed hump a 51,300 01,300 NA 20113 Fair St vicinity Staff Staff 01184 from In 132 initiated effort 23 historic interest the neighborhood reducing traffic speeds 747 00743121 speeds ..., 0074 type of street, the traffic volumes and Two are within the taw. Naga, ighwialed center Wands and one stAWS kUWP for installation in 0010,,10 WS SO Center isiand 41,000021, SPaad 04777 - 51,300 $,gpo 422422 77101 120,300 *20,123' 18,500 072.800-87,800 B1CAPRALPROIPLISSTrark WIWria -CP Wrillew Traffic Calrelna project CP BelaTralfic Canal. Program 3001011 101' 0021210,414 Kathy Servoss From: Marshall McCormick <marshall@fingerlakeswm.com> Sent: Tuesday, February 12, 2019 8:52 PM To: Board of Public Works; Peter Messmer Cc: Michael Thorne; Julie Holcomb Subject: Re: 304 Mitchell Street Re. RPP Program Categories: BPW Thanks Peter for the Memo. It lays out the extensive considerations that you have put into clarifying this issue for us—much appreciated. I have one question as to the inclusion of 304 Mitchell in the parking permit system. Was 304 Mitchell included as an eligible property for the parking permit system from the creation of the RPP program? Or was 304 Mitchell included only as a result of the hardship petition in 2004? If it's the latter, then I think more discussion is warranted. From Julie's previous email regarding the same property, it sounds like there's some ambiguity in the code, and I would be interested in hearing what other Commissioners and Council Members have to say about whether a hardship petition should carry with a property in perpetuity: Jan 17 2019: "The discussion that Pete and I were having is whether or not the hardship cases are approved for the RESIDENTS of the property and therefore null and void upon transfer of the property to new owners OR whether the hardship case is grandfathered to the PROPERTY regardless of who requested it and what the situation was. We have been having a conversation about clarifying the language in the City Code by splitting out the reasons that hardship cases are considered: (1) Where residents living on a street with a R-1 or R-2 zoning designation and located within the residential parking permit zone without on -street parking wish to purchase a permit for on -street parking on a street where permits are required. If approved, the option to purchase parking permits is assigned to the property address in perpetuity. LaSuch o Other instances of hardship (excluding self-created hardship) as the Board of Public Works in its discretion determines sufficient for issuance of additional residential parking permits. The first instance would be property based and the second instance would be for resident related hardships – health issues / health care providers, etc. The Board would designate which category the hardship is being approved for and then my office would know how to handle future requests." Best, Marshall Marshall McCormick Fingerlakes Wealth Management 450 N. Aurora St. Ithaca, NY 14850 Office: 607.257.1008 CeII: 607.339.2775 Fax: 914.819.0210 .FingerlakesWM.com Marshall@FingerlakesWM.com 100,, To: Board of Public Works From: Peter Messmer, Director of Parking Date: 2/12/19 Re: 304 Mitchell Street Request for Residential Parking Permits Attachments: Attachment 1 — RPP Zone Map Attachment 2 — City of Ithaca Official Zone Map Excerpt of Mitchell Street and Delaware Avenue. Attachment 3 — Chapter 260 of the City of Ithaca Code Attachment 4 - CITY OF IT CA RESIDENT P ING PE 11 SYSTEM REGULATIONS: Adopted by the Board of Public Works on March 24, 2014 Attachment 5 - § 346-80Schedule XXX: Residential Parking Permit Zones Attachment 6 — Proposed Resolution for Residential Parking Permits for 304 and 304A Mitchell St. A This memorandum is being written to explain the history of the Residential Parking Permit status associated with the property located at 304 Mitchell Street and to explain the current disposition of the request from the present owner of the property for Residential Parking Permits. History 2004 - Hardship application was approved for 304 Mitchell Street, in accordance with City Code Chapter § 260-4 Exemptions. Dec 6, 2018 — Mr. Vitali jau, co-owner of the property at 304 Mitchell Street, requested that he be granted residential parking permits to park in the currently designated Residential Parking Pennit zone on 100 and 200 blocks of Delaware Avenue. Dec 18, 2018 - Parking Division wrote a draft resolution for residents of 304 and 304A Mitchell Street to purchase pen -nits for the Residential Parking Permit zone on Delaware Avenue. This draft resolution was not included on the agenda for the December 2018 BPW meeting. February 13, 2019 Dec 21, 2018 — Parking Division researched records regarding 304 Mitchell Street and found that this property is already in the RPP progr. and is included in § 346-80: Schedule XXX: Residential Parking Permit Zones. (Reference Attachment 5) Dec 21, 2018 — Parking Division informed Mr. Vitali jau that he is eligible to purchase two (2) Residential Parking Permits and to contact the City Clerk's office to complete the transaction. January 15, 2019 — Draft resolution (Reference Attachment 6) to grant residents of 304 and 304 A Mitchell Street Residential Parking Permits inadvertently included on January 15, BPW meeting agenda. BPW voted not to grant Residential Parking Permits for 304 and 304 A Mitchell Street, prior to arrival of Director of Parking. Director of Parking was asked to fully research and document the situation and provide information to BPW. Week of January 21, 2019 - Mr. Vitali Arujau met with the City Clerk, Julie Holcomb. She explained to Mr. gau what had happened and that he would have to wait for further clarification on whether or not he would be able to purchase Residential Parking Permits. The Parking Division has investigated and documents the following: . Verification of the RPP Zone: a. In accordance with Chapter 260 Residential Parking Permit System, 304 Mitchell Street is located in RPP Zone A (Reference Attachment 1) b. City Code § 346-80: Schedule : specifically states the 100 and 200 blocks of Delaware Avenue are an RPP zone. (Reference Attachment 3) c. City Code § 346-80: Schedule : Residential Parking Permit System further specifically includes 304 Mitchell Street in the 100 and 200 blocks of the Delaware Avenue residential zone for the RPP program. (Reference Attachment 3) 2. Verification that 304 Mitchell Street is in an R-1 Zone — The City of Ithaca Official Zoning Map shows that the property is zoned R -lb. (Reference Attachment 1). 3. Number of Parking Per 'ts Allowed - In accordance with the Paragraph C. of the Permit Allocation Sections of the CITY OF IT CA RESIDENT P ' G PE ' IT SYSTEM REGULATIONS (Adopted by the Board of Public Works on March 24, 2014) the property is allowed to have two (2) Residential Parking permits. (Reference Attachment 4) 4. Compliance with City zoning regulation — The Building Division Housing Inspector was interviewed about the issue of the property being in compliance. The Inspector reported that the house has been inspected and is in substantial compliance 2 February 13, 2019 with the exception of execution of a Quit Claim deed by the owner, which is pending but in progress. 5. Location of the driveway access to the property — The driveway access to the property is located on the Delaware Avenue side of the lot. Final Disposition Based upon the above facts, the Parking Division has made the determination that the property at 304 Mitchell Street meets all the requirements of the City of Ithaca Official Zoning regulations and the RPP program and is eligible to apply for and receive two (2) residential parking permits, and that no action is required by the Board of Public Works to sustain this decision. The Parking Division will therefore inform Mr. Vitali Arujau that he may proceed with his transaction to purchase the permits. 3 February 13, 2019 Attachment 1 - RPP Zone Map 4 Attachment 2 - City of Ithaca Official Zone Map Excerpt of Mitchell Street and Delaware Avenue Legend for Zoning Districts M$4 A 100 1,111 P-1 1 4.:::. tiltaric 1/PEDZ,1a '14, 1111-1 1 11 , .,:e.1/..:. GP113 :,......p.111 1111112"1" SIN.1 17. w20.; 111111 11,manw A111-2 1111J131 Ar' — jf Iff 11111/00 7 a GP.0 kcPt liars February 13, 2019 5 February 13, 2019 Attachment 3 - Chapter 260 of the City of Ithaca Code City Code Chapter 260 § 260-1 Declaration of Iegislative findings and purpose. The Common Council finds that: A. There has been a lack of parking for residents of the neighborhoods surrounding Cornell University in the City of Ithaca. B. The streets in residential areas have been used for daily long-term parking by commuters to Cornell University. C. A study of existing parking demand and Zoning Ordinance] parking requirements showed that a substantial number of commuters park in the residential neighborhoods surrounding Cornell University every day. [1] Editor's Note: See Ch. 325, Zoning. D. The use of streets in the residential neighborhoods for commuter parking has resulted in noise, air pollution, litter, traffic congestion, traffic hazards, and hazards to residents and other pedestrians, and severely diminishes the amount of parking space available to residents of the residential neighborhoods, E. The establishment of a residential parking permit system in the neighborhoods surrounding Cornell University is necessary in order to preserve the character of the neighborhoods by reducing neighborhood noise, litter and air pollution; improving access to dwelling units and parking for residents; improving the efficiency of City services such as street maintenance, snow plowing, street -sweeping, garbage collection and the movement of emergency vehicles; and reducing hazardous traffic conditions and congestion in order to provide for the health, safety, peace, good order and comfort of the residents of the neighborhood. F. This residential parking permit system is adopted pursuant to § 1640-e of the Vehicle and Traffic Law. § 260-2 Definition of terms. [Amended 0-2-2O04bvOrd. No, 2004-8 For the purposes of this chapter, the following definitions of terms shall be controlling: COMMUTER A person who does not live in the residential parking permit area, but parks in the area and whose destination is outside the area. RESIDENT A homeowner or tenant residing in a dwelling unit in the residential parking permit area in the R -la, R -lb, R -2a, or R -2b Zones of the City of Ithaca as established in 6 February 13, 2019 § 325-4 of the Municipal Code of the City of Ithaca. RESIDENTIAL PARKING PERMIT AREA A sub -area of the residential parking permit zone. Only the portions of the area which are zoned as R-1 and R-2 Districts (as established by Article II of Chapter 325 of the Municipal Code of the City of Ithaca) will be included in the area. RESIDENTIAL PARKING PERMIT ZONE A. The area bounded by the following roadways and corporate boundaries: (1) East State Street from Cornell Street to Giles Street; (2) Giles Street to Water Street; (3) Water Street to East State Street; (4) East State Street from Water Street to Seneca Way; (5) Seneca Way from East State Street to East Seneca Street; (6) East Seneca Street from Seneca Way to Parker Street; (7) Parker Street to Terrace Place; (8) Terrace Place to Linn Street; (9) Linn Street from East Court Street to University Avenue; (10) University Avenue from Linn Street to Willard Way; (11) Willard Way from University Avenue to Stewart Avenue; (12) Stewart Avenue from Willard Way to the corporate boundary between the City of Ithaca and the Village of Cayuga Heights; (13) Following the corporate boundary between the City of Ithaca and the Village of Cayuga Heights east to the corporate boundary between the City of Ithaca and the Town of Ithaca; (14) Following the corporate boundary between the City of Ithaca and the Town of Ithaca south to East State Street; and (15) East State Street from the corporate boundary to Giles Street; and B. Consisting of the following roadways: 7 February 13, 2019 (1) Treva Avenue west of Water Street; (2' �Va|enUneP|aoaaouthqfBast State Street; (3) Quarry Street south of East State Stree (4) Ferris Place south of East State Street; (5) Linn Street north of Terrace Place to Farm Street; (6) Lake Street north of University Avenue to the north property line of Tax Map Parcel 28-4-7; and (7) Wiilard Way and Willard Way Loop north of University Avenue. C. The residential parking permit zone shall include properties that face both sides of the above-named roadways. D. The Residential Parking Permit Zone Map is on file in the City Clerk's office. § 260-3 Desination of permit parking areas; rules and regulations. [Amended 6-2- 2004byOrd.No.2004-9] A. The Board of Public Works of the City of Ithaca may designate residential parking permit areas in accordance with this chapter. Such areas shall be designated only within the residential parking permit zone, and shall exclude any streets located within the boundaries of the Cornell University campus. B. The Board of PubIic Works shall establish rules and regulations for the designation of residential parking permit areas and the issuance and use of residential parking permits. C. Permit requirements established pursuant to this section shall be in effect during all oro portion of the following times: from Monday to Friday between 9:00 a.m. and 5:00 p.m. D. No less than 20% of the parking spaces within the residential parking permit zone shall be available to nonresidents. E. Short-term parking of no less than 120 minutes in duration shall be available in the residential parking permit zone. F. The fee for a residential parking permit shall be $45 per year. All such fees shall be credited to the general fund of the City. §28O-4Exemptions. [Amended 8-2-2OO4bvOrd. No. 20O4-9] A.W1otorwehic/oenygiuteredpursuarttoG4O4-oof8leVmhideondTnafficLavvuhoUbe exempt from any permit requirement establish pursuant to this chapter B. A resident may apply to the Board of PubIic Works for a permit not otherwise available pursuant to the aforementioned rules and regulations in the following circumstances: 8 February 13, 2019 (1) Where a home health care provider provides home health care to a resident and regularly drives to the resident's home. (2) Where a resident has a short-term health emergency. (3) Where residents living on a street within the residential parking permit zone without on - street parking wish to purchase a permit for on -street parking on a street where permits are required. (4) Such other instances of hardship (excluding self-created hardship) as the Board of Public Works in its discretion determines sufficient for issuance of additional residential parking permits. § 260-5 Penalties for offenses. [Amended 8-2-2OO4byOrd. No. 20O4-9;5-2-2O1ObvOrd. No. 2018-05] A. No person shall park a vehicle nor allow a vehicle to be parked in an area which has been designated a residential parking permit area by the Board of Public Works, and at times when parking is prohibited in such residential parking permit area pursuant to regulations established by the Board of Public Works, unless the vehicle shall have affixed to the bottom rear corner of the passenger window on the driver's side of the vehicle a valid residential parking pernnit, or unless said vehicle is registered in accordance with § 404-a of the Vehicle and Traffic Law and the vehicle is being used for the transportation of a person with disabilities. A violation of this section shall be punishable by a fine of not more than $100; a second such violation within 18 months thereafter shall be punishable by a fine of not more than $200; a third or subsequent violation within 18 months after the first violation shall be punishable by a fine of not more than $300. B. No resident of a residential parking permit area designated by the Board of Public Works shall permit a nonresident to use a residential parking permit issued to a resident, or aid a nonresident in any way in obtaining a residential parking permit. Violation of the terms of this section shall be punishable by a fine not to exceed $250 and/or suspension of residential parking permit privileges for a period not toexceed 12 months. 9 February 13, 2019 Attachment 4 - CITY OF ITHACA RESIDENTIAL PA NG PE T SYSTEM REGULATIONS: Adopted by the Board of Public Works on March 24, 2014 CITY OF IT CA RESIDENT P ' 1 G PE ' IT SYSTEM REGULATIONS: Adopted by the Board of Public Works on March 24, 2014 Petitionin2 for the Permit System. A. Residents within the residential parking permit zone established by Common Council on May 6, 1998, are required to petition the Department of Public Information and Technology for the establishment of a Residential Parking Permit Area. B. A Residential Parking Permit Area within the Residential Parking Permit Zone shall be one permit block. Each permit block shall be established according to the block numbers, such as the 100 or 200 block of a street. C. Only R1 and R2 zones, as established in the City of Ithaca Municipal Code, Chapter 325 entitled "Zoning", Section 325-4 are eligible to participate in the Residential Parking Permit System. D. A permit block is one city street and its abutting block faces, which differs from a city block. A city block does not include the street. E. The permit block for a corner property shall be determined by the property's assessment address. Petition Elidbility. A. The petition may be requested from the Department of Public Information and Technology, and when returned must be signed by at least 51% of the eligible residents in the proposed permit block in order to qualify for inclusion in the permit system. B. In an R1 zone, not more than one resident per tax parcel shall be permitted to sign the petition for the establishment of the permit system. C. In an R2 zone, not more than one resident per dwelling unit or two residents per tax parcel, whichever is fewer, shall be permitted to sign the petition for the establishment of the permit system. D. All eligible residents signing the petition must be at least 18 years of age. E. A block petitioning for the permit system must hereby meet certain minimum requirements with respect to parking occupancy. The City Traffic Systems Engineer will conduct a parking survey over two separate days during average weekly peak hours to determine that at least 75% of the legally available parking spaces are being utilized. Permit System Renewal. Once a block is included in the permit system, it is included unless and until it is formally repealed. Permit System Repeal. 10 February 13, 2019 A. If 51% of the eligible residents wish to have the permit system regulations rescinded, they may petition the Department of Public Information and Technology for removal from the Residential Parking Permit System. B. Action to rescind may not begin until a waiting period of six months from the enactment date for that block has passed. RESIDENT Page Two P G PE T SYSTEM G ATIONS: C. The Board of Public Works reserves the right to rescind the Residential Parking Permit System Regulations for a block if the City Traffic Systems Engineer determines that the parking permit system is being underutilized by the eligible residents of the block. The deteimination may be made based on the fact that less than 25% of the eligible permits for the block have been sold in the past two (2) consecutive years, Permit Allocation. A. Only residents of properties zoned R1 and R2 located in the Residential Parking Permit Zone shall be eligible to purchase parking permits. B. The City zoning category in which the property is located shall determine the maximum number of permits allowed per dwelling unit. C. Properties in an R1 zone are hereby allowed access to two permits, and no more. D. Properties in an R2 zone are hereby allowed access to two permits per dwelling unit with a maximum of four permits and no more per property. Based on City zoning laws the greatest legal number of dwelling units allowed in a structure in an R2 zone is two. E. Permits shall be issued to vehicles registered to residents in the permit area, and are non- transferable. F. Permits shall be available for sale on July 1" and shall expire on July 31" of the following year. G. Residents in blocks participating in the Residential Parking Permit System may purchase up to 4 Visitor Passes per year with a limit of 8 passes per property in an R1 zone and 16 passes per property in an R2 zone. Visitor Passes shall be valid for a period of two consecutive weeks, and will be issued to a specific vehicle. H. It shall be a violation of Chapter 260 of the City of Ithaca Municipal Code entitled "Residential Parking Permit System" for residents to purchase permits for people who do not reside in the permit area. Permit Allocation for Non -Conforming Uses. A. Properties not conforming to the traditional R1 and R2 zone uses (such as grandfathered properties) shall not receive any grandfathered rights regarding the residential parking permit system. B. Grandfathered properties in an R1 zone shall hereby be considered a single-family house. 11 February 13, 2019 C. Grandfathered properties in an R2 zone shall hereby be treated as a duplex. D. The zone in which the property is located, not the number of apartments or the number of occupants, detellnines how many permits may be purchased. Permit Issuance. A. The permits shall be issued to individual residents of a permit area and assigned to a unique vehicle license plate number. B. A resident is defined as any person, homeowner or renter, living in a dwelling unit in a permit area. SIDENT Page Three P G PE ' IT SYSTEM REGULATIONS: C. The issuance of permits through landlords is hereby prohibited. D. Homeowners and renters must provide the current vehicle registration or copy thereof E. Homeowners and renters may prove residency by producing a deed, current lease, signed by landlord and tenant, driver's license or current vehicle registration, telephone or utility bill with valid address. F. The fee for a residential parking permit shall be $45 per year. G. Permits may be purchased any time during the year for the said annual fee. H. Partial year permits shall not be issued. I. Permits shall be valid from date of issue through July 31. J. The fee for a visitor pass is $10. K. This is a voluntary program. Residents living in a block included in the permit system are not required to purchase permits, however compliance with city parking regulations is required. L. Pei 'nits may be renewed through the mail with proper documentation and $45 fee. Permits will be issued by the Department of Public Information and Technology on a "first come — first served" basis. M. Transfer of residential parking permits to another vehicle may only occur when the resident peels off and returns the current residential parking permit from their vehicle. Permits will only be reissued to the original permit holder for their new vehicle. Upon presentation of the old permit and a copy of the new vehicle registration the Department of Public Information and Technology will issue a new residential parking permit to that same resident — without charge. If the old permit is not returned, a new permit will only be issued to the current permit holder if a permit is available for that property or upon sufficient proof that the permit was not accessible (i.e. accident report). A $45.00 fee will be charged for the permit. 12 February 13, 2019 A resident may return the residential parking permit or remnants thereof to the Department of Public Information and Technology at anytime, to open up the availability of a permit to another resident of the same property. No refunds will be issued. N. Residential parking permits are non -transferable to another individual. Hours in Effect. A. Permit requirements established pursuant to this section shall be in effect during all or a portion of the following times: From Monday to Friday between 9:00 a.m. and 5:00 p.m., excluding holidays. B. Permit holders will be exempt from the 9 a.m. tol p.m. and 1 p.m. to 5 p.m. "no parking" regulations in residential parking permit areas. C. Street signage will display the restricted hours. 13 RESIDENT Page Four $ G PE T SYSTEM REGULATIONS: February 13, 2019 D. Permit holders and non -permit holders must abide by all other City parking restrictions set forth in the Vehicle and Traffic Chapter of the City of Ithaca Municipal Code Chapter 346 entitled "Vehicles and Traffic" including the odd/even overnight parking restriction (which is in effect November 1 through March 31 each year), 24-hour parking limitations, loading zones, and handicap parking requirements, etc. E. Placement of the "no parking" time restrictions will be staggered in order to provide some short- term visitor parking on a block at all times. In the case of blocks with legal on -street parking only on one side, the time restrictions will be split along the legal side of the street. Permit System Alternative. Residents may petition the City Traffic Systems Engineer to install appropriate weekday time restriction signage (such as "No Parking 9 a.m. to 1 p.m.") on their streets. This offers an alternative option for blocks that elect not to participate in the residential parking permit system but want the benefits of time restricted parking for their street. Appeal Process. Residents may file written appeals with the Board of Public Works for either hardship consideration or the denial of permits by the Department of Public Information and Technology. 06/04 Revised 02/18 Final BPW Approval — March 24, 2014 14 February 13, 2019 Attachment 5 - § 346-80Schedule X : Residential Parking Permit Zones Street Block Side Brandon Place 100 West Bryant Avenue 200 North Cascadilla Park Road 100 North Cornell Street 100 and 200 East Delaware Avenue (includes 304 Mitchell) 100 to 200 West Dryden Road 400 North Dryden Road (not inclusive) 500 North East Buffalo Street 400 Both East Seneca Street 400 Both Elmwood Avenue 100 East Elmwood Avenue 200 North Elmwood Avenue 300 South Fairmount Avenue 200 West Fairmount Avenue (includes 413 Dryden Road) 200 and 300 West Harvard Place 100 South Irving Place 100 North Ithaca Road 90, 100, 200, and 300 East [Amended 11-26-2012] Maple Grove Place 100 West Oak Avenue 300 North Pearl Street 100 West [Added 2-18-2016] Schuyler Place 100 West Valley Road 100 Both Worth Street 100 South 15 February 13, 2019 Attachment 6 — Proposed Resolution Board of Public Works December 18, 2018 A Resolution to Grant Hardship for 304 and 304A Mitchell Street for the Residential Pa 2 Per t System WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted June 9, 2004, for implementation of the Residential Parking Permit System (RPPS), which was established by Common Council on May 6, 1998 after an act of the New York State Legislature, and WHEREAS, in accordance with Section 260-4 of the City Code and in accordance with the BPW regulations, the BPW may grant hardship requests, and WHEREAS, 304 Mitchell Street is on a street within the residential Parking Permit Zone without on -street parking and is within the R-1 zoning designation; therefore allowing up to two permits per single family dwelling, now, therefore be it SOLVED, that the Board of Public Works hereby grants the residents of 304 and 304A Mitchell Street to purchase permits for the Residential Parking Permit Systems, in accordance with the above-mentioned regulations. 16 10B. Resolution to Add a Handicap Parking Sign located at 126 Farm Street WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted October 6, 2010, for implementation of a Schedule of Traffic Regulations, which was established by Common Council by Ordinance No. 2010-08, and WHEREAS, in accordance with Chapter 346 of the City Code, entitled Vehicles & Traffic, and in accordance with the BPW Regulations, the BPW may grant hardship requests, and WHEREAS, a request has been received for a handicap parking sign on the east side of the 100 block of Farm Street, in the vicinity of 126 Farm, and WHEREAS, this Handicap Parking space can be used by any driver with a handicap parking permit or license plate; now and therefore, be it RESOLVED, That the BPW hereby approves the installation of a Handicap Parking Sign and space to be installed at the above-mentioned address. Page 4 of 10 10C. Resolution to Add a 15 minute Parking Zone in Front of CFCU Community Credit Union on Esty Street WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted October 6, 2010, for implementation of a Schedule of Traffic Regulations, which was established by Common Council by Ordinance No. 2010-08, and WHEREAS, the south side of Esty Street, from its intersection with Meadow Street, to a point approximately 210 feet to the east, is now regulated as No Parking Anytime, and WHEREAS, the north side of Esty Street, from its intersection with Meadow Street, to a point approximately 50 feet to the east, is now regulated as No Parking Anytime, and WHEREAS, No Parking Anytime can be used for Standing but does not allow the driver to leave the vehicle, and WHEREAS, the No Parking Anytime zone on the south side of Esty Street mentioned above, is consistently used by clients who park, leave their vehicle, and do business at the Cornell Federal Credit Union adjacent to this No Parking Anytime zone, and WHEREAS, the No Parking Anytime zone on the south side of Esty Street could also be used as a short term parking zone, with no impact to the current traffic flow on the street, and \NHEREAS, the two aforementioned No Parking Anytime zones on Esty Street mentioned above are incorrectly listed in Section 346-64 Schedule XIV: No Standing, now, be it RESOLVED, That Section 346-64 Schedule XIV: No Standing be amended as follows: Remove the following entry from this schedule: Name Side Location Esty Street Both From a point 50 feet east of Meadow Street to a point 125 feet west thereof Now, be it further RESOLVED, that Section 346-62 Schedule XII: Parking Prohibited at All Times be amended to include the following for Esty Street: Name Side Location Esty Street North From its intersection with Meadow Street, to a point approximately 50 feet east thereof And be it further RESOLVED, That a 15 minute parking zone be established on the south side of Esty Street beginning at a point located three (3) feet east of the east edge of the Cornell Federal Credit Union parking lot entrance driveway to a point located 100 feet east thereof and, now, be it further Page 5 of 10 RESOLVED, That Section 346-68 Schedule XIII: Time Limit Parking be amended to add the following for Esty Street: Time Limit: Name Side Hours/Days Location Esty Street South 15 min: All/All Beginning at a point located three (3) feet east of the east edge of the Cornell Federal Credit Union parking lot entrance driveway to a point located 100 feet east thereof, Page 6 of 10 10D. Resolution to Establish No Parking Anytime on Both Sides of the Full Length of Pier Road WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted October 6, 2010, for implementation of a Schedule of Traffic Regulations, which was established by Common Council by Ordinance No. 2010-08, and WHEREAS, Pier Road is only 22 to 24 feet wide, this pavement width being insufficient to accommodate parking a vehicle fully on the paved roadway without obstructing the traveled way to an unacceptable degree, and WHEREAS, in order for vehicles to park on Pier Road, without obstructing traffic, the vehicles would have to be parked off the edge of pavement, and WHEREAS, there are no paved or gravel shoulders that can be utilized for parking, and the roadsides are mostly grass turf which cannot sustain repeated instances of parking without excessive damage; therefore, be it RESOLVED, That the Board of Public Works hereby designates both sides of Pier Road, for the full length of the road as a "No Parking Any Time" zone, and, be it further RESOLVED, That Section 346-62 and Schedule XII be amended to include the following for Pier Road: Section 346-62 Schedule XII Parking Prohibited at Al! Times Name Side Location Pier Road Both Entire Length Page 7 of 10 10E. Resolution to Establish 15 minute Parking on the North Side of East Court Street Adjacent to Temple Beth El WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted October 6, 2010, for implementation of a Schedule of Traffic Regulations, which was established by Common Council by Ordinance No. 2010-08, and WHEREAS, there exists an approximately 50 foot "No Parking Any Time" zone located on the North Side of East Court Street adjacent to Temple Beth El, which is not presently listed in Section 346-62 Schedule XII Parking Prohibited at All Times for Court Street, and WHEREAS, Temple Beth El operates a pre-school from 9:00 a.m. to 3:00 p.m. and parents need curbside short term parking to drop off and escort pre-school children into and out of the Temple, and WHEREAS, The current No Parking Any Time zone allows parents to stand to drop of children, but does not allow parents to leave the vehicle and escort pre-school children into and out of the Temple for school, and WHEREAS, Section 346-68 Schedule XVII, must be updated to add this zone; now, therefore, be it RESOLVED, That the Board of Public Works hereby changes the designation of the No Parking Any Time zone on East Court Street adjacent to the Temple Seth E: to be 15 minute parking, and, be it further RESOLVED, That Section 346-68 Schedule XVII Time Limit Parking for East Court Street be amended to read as follows: Paragraph 346-68 Schedule XVIII Time Limit Parking Time Limit Name Side Hours/Days Location Court Street North 15 mins. 8:00 am Between the driveways for 720 (Added 11-16-11) to 5:00 p.m. West Court Street and 710-712 Monday through West Court Street Friday Court Street North 15 mins. All/All From a point 20 ft. west of Tioga Street to a point 70 ft. west of Tioga St. Page 8 of 10 11A. Resolution Accepting Title to Portions of Brindley and Taber Streets and Assuming Maintenance Responsibility WHEREAS, a Project for the Brindley Street Bridge Replacement over Cayuga Inlet, P.I.N. 375611 (the "Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non -Federal funds; and WHEREAS, the project involves the construction of new roadway and bridge on a relocated horizontal alignment that will connect Taber Street with the West State Street/Taughnnock Boulevard intersection, and WHEREAS, on June 7, 2017, the City of Ithaca Common Council authorized the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Right -of - Way Acquisition phase of the Project; and WHEREAS, Congdon & Co. Inc. has facilitated the acquisition of 1098 square feet of real property located at 120-140 Brindley Street on behalf of the City of Ithaca, and WHEREAS, in accordance with the City of Ithaca Charter Section 53, "The Board of Public Works may enter upon any lands for the purpose of survey and examination; otherwise, in the name of the City of Ithaca all lands, water rights, easements, privileges and franchises and all other real and personal property whatsoever, either within or outside of the corporation limits of the City of Ithaca, which are necessary, in the judgment of the Board, for any of the purposes herein set forth and shall have the right to enter upon, take possession of and appropriate all such property and to do any and every act or thing that may be necessary to carry out the full intent and purpose of all the provisions contained in this Charter;" now, therefore, be it RESOLVED, That the City of Ithaca, through its Board of Public Works, agrees to accept real property acquired by Congdon & Co. Inc. for the project and agrees to maintain same, and it is further RESOLVED, That this resolution shall take effect immediately. Page 10 of 11 Return To COUGHLIN & GERHART Document Type: DEED uu�luul 1 Iu IpIIIII11III al Tompkins County Clerk Recording Page Grantor (Party 1) AEROPLANE FACTORY LLC THE Fees Recording Fee Pages Fee State Surcharge TP -584 Form Fee RP -5217 Form Fee State Transfer Tax County Transfer Tax $20.00 $25.00 $20.00 $5.00 $250.00 $22.00 $11.00 Total Fees Paid: $353.00 State of New York County of Tompkins Maureen Reynolds, County Clerk Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Receipt Number: 18-207781 Grantee (Party 2) CITY OF ITHACA Transfer Amt: $5,500.00 Instrument #: 2018-10259 Transfer Tax #: 000313 Property located in City of Ithaca Recorded on September 7th, 2018 at 3:59:22 PM with a total page count of 5. Tompkins County Clerk This sheet constitutes the Clerk's endorsement required by section 319 of the Rea! Property Law of the State of New Yolk Do Not Detach DC 09/0712018 03.59:22 PM 2018-10259 09/07/2018 03:59:22 PM Wa nty Deed This Indenture made thxr3 day of August, 2018 Be n OPJ FA RY,, LC, a New York " "ted Liability Company with offices at 120-40 B: Ildley Street, Ithaca, Y 14850 OF IT CA, a N York 14850 s of the first $ Pity ha g .$ of108E.GreenSt,Itbca, party of the second part. that the parties of the first part, in co' - deration of One and no/100 do , lawful money o the LTnited States, paid by the es of the second .- do hereby and c unto the ° s of the sec 11 • 0 the . second part, forever, of the • of the T CERTAIN LOT, PIECE OR PARCEL OF D, situate in the City of 1 T , .. of It County of Temp .. • . State of N York as depicted in .. . uk A, a rind coin. . ,t : 1, of with the ..., ''...iciumze drs="bed belein as 2, Pe! A-. 11.4.111, B a porti• of the same preniises conveyed to P ;es of the First Part by Deed dated Aptil 5, 2001 and recorded in the T.. p I. County Clerk's Office on April 5, 2001 in . 900 of D -• Page 222. TO IfAfilt arid as /rthe et the party of the first part First, That said eorn.9 the s • Le ants arfillows: f the first part is irked of the said premises isfee simple, and has na Thar the f the md part shall quietly erthy the said Thir4 That the said premises are fire fivm eneumbrames, extrpt a.r tOrresaid; Fo That tbe» of the first panwill forever F:alftliy, the the fiat ty. the first part will the for tbir n an and a tract fmn4i to be a'frstfr & se the cost the ern of the cart of the improvement before stilts anypart of the total oft be title to said premises. right to The $ , " shall be construed as fit re r.? I! -1- en the sense of the indentine so Inquires. 2018-10259 CITY OF ITHACA DEWEY STREET OYER CAYUGA WET .n09107/2018 03:59:22 PM NEW YORK STATE OEPARTACNT OF TRA TATION ACQUISITION MAP PSI 'Mil MAP O. 2 P NO. 2 SHEET I Cc 2 TS ATTE FACTORY, LLC PUTED • HI Ca) L. O . 722 coyucA Lf7 613 TAOEBER STREET IRAS. VARIES) _ _ - Nolte 1.bas Nowa wittiest of IMO rinks. IP* Crow t to gly oasamonts or an Abstract or DIIS LAA 'tits of *NOW Sirray Fort 3. MMI 111:21•1-1/-4 111111114 4,isi IA It t.PIM Ilfilltr"47kAir KIVA ICIF311WIZNIIIM1 IMM1111111311:11:111111111111A111 maw= now WI Mill11111.11.1*-21111Ptela 111111•111M10111•=MIIMMII Dnepr nw.taA ....arin.101141M4A— 2018-10259 09/07/2018 03:59:22 PM CITY OF ITHACA BRINDLEY STREET OYER CA INLET NEI YORK STATE DEPARTMENT OF TRANSPORTATION ACQUISITION MAP 2 PARCEL NO. 2 SHEET 2 OF 2 E 110 STA K+ NTSPCS NSD NOM Sf 5 FASTING 1 i 3 FEE WP 2 PARCEL 2 or weal of ty ft T Stota of Neo Tock. y Ur#'a offiaa 0k 101004 CP 10 Om e• A. 10+00.00 rr� IM mew .tether 11 CENTRIC 201E 411.951 175.121312 an the 0f /snort to true point of of at rlpM t0 Factory LLC the 2� feet right o <. a a t of 7.66 feet to a point{ 1010 Immo L31 031 5 00.1624 P a diftama of 455 felt right of ab of r of Taber Street the f Int of at 32± aryl having a 2. InL of 2 an the CP 20 STA or ea mon apty0 of ti{I of Br Street 0t the i terMcti 0f Pr ty by The of Or .=; y 5tr 0 so of ale EI 2015 Serra (110.11 5 59• 1riB0 to et 9•31J3 of . . teat rlOrt of ora of r to 01* 1 to a t on tee dyN o Son 1.92• of ttwee room 1111.41 o diatoms of 10! feet t 1.05± of =.. th,ol Qf 0.34 it Vetr e to station 9+9'_ of t tarp of 45! fast to 1 &C11NtU the le The aeon aw 1 mentioned 4r Street a Oman on t at riot 1.00 feet, o ! ell ft. or 0.0255 owe. of the 2015 SV fee In Mel of Stotler' 047.20. thyme 5 79.06'31- E to Station t0. refer to True North of the Til -35' of Peet Langltuds. 1 Mrepy certify to the of the State pr New Y TroMpor tion *tat le Era ty s rooms t of a pertlon of of Tranportofen Orel e N 01.11°I1- a t0 5totion 11+61.92. 0 of State E t Low. I hereby certify that T ka_ococr 6 tell,. f /1. 20 D ▪ \ YL I City of 1t THE AEROP__. PIEPU1ED E FACTORY, LLC RI Nap of Property Olaf tea Coeereiriner Of Trarportat tow City of Ithaca by apOropriofw in the name of the rite the System of the Ctty of 11 or Subdivision 34-4 o1 the 1 Lor and The Emkwnt neceseory 10 e* dap? -ea far as at the rawest of the State of Ifee Yank In fee far armee rarweat0a 30 of the Law at moa ,r.. try Section ID. Pr ao0Ora Lw. There i excepted from Mea atprprlafkn 01 the riot, the ere interest, If dry, of tee United States of emerico in er to sold property. W t to the $totuotst M�fort 0and t • P o Tr tat the In the moil off ice of..:.. • +meth of 1raepartotko. 1 have compered the the orglna tlereOf. 114+4 of Tr to be a true or of the whole ai the with 20 Offks of Right of May Office of MUM Rt�_,a . hal eeP 2018-10259 09/07/2018 03:59:22 PM In Witness Whe written. the par* of the first part has dub, executed this deed the day andyearfirst abase INP ' SENCE OF The Aeroplane Factory, LLC By: Scott Tobey And: Cornelia Tobey STATE OF MEV MEXICO ) COUNTY 01 c--)/Th../M /€) On ibis `c5 day of Seplember, 2018, before me, the undersigned, a Notary Public in andfor said Stale, persona& appearedSCOTT TOBEY, personal# known to me or proved to me on the basis of satiyartop, evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf which the individual acted, executed the instrument, and that such LIZ1 made such bthrn the undersigned in the City of , Stale ofNew Mexico. STATE OF NE. MEXICO) SS: COUNTY if- -womb Primus Washington NOTARY PUC-Stal My iids,lon Expire% On this ..,„c day, of September, 2018, before me, the un&rsigned, a Notary Public in andfor said State, personally appeared CO EUA TOBEY,personal# known to me or proved to me on the basis of sally -actor.), evidence to be the individual whose name is submribed to the within instrument and acknowledged to me that she executed the same in her c, '0,, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the nutriment, and that sn „ ,Voral made such i,Jebeara before the undersigned in the City of , State of New Mexico. Notary Public OFFICIAL S Primus Washington NOTARY PU C- le My Cm uNsiuti Expire. 11B. Authorization for Mayor to Execute a Memorandum of Understanding ("MOU") with the Town of Ithaca to Permit the Town to Use the Route 13 Pedestrian Bridge for the Gateway Trail - Resolution WHEREAS, the City owns a pedestrian bridge that runs over Route 13 ("Route 13 Pedestrian Bridge") and the City also holds a permit issued by the New York State Department of Transportation ("NYSDOT") authorizing the City to occupy and maintain the Route 13 Pedestrian Bridge within the State's airspace; and WHEREAS, the Town of Ithaca wishes to use the Route 13 Pedestrian Bridge for the purpose of constructing a public trail, known as the "Gateway Trail," which is a portion of long-term joint project to establish a trail system serving this area; and WHEREAS, the Town will be replacing decking to the bridge, and staff is supportive of the Town's improvements and use; now therefore be it RESOLVED, That the Board of Public Works is supportive of entering into an MOU with the Town, and recommends that Common Council authorize the mayor, upon the advice of the City Attorney, to execute the submitted MOU for the Town's use of the pedestrian bridge as part of the Gateway Trail. Page 11 of 11 MEMO NDUM OF UNDERST DING REGA ING TOWN'S AUTHORIZED USE OF ROUTE 13 PEDESTRIAN BRIDGE FOR GATEWAY T' IL THIS AGREEMENT, made this day of , 2018, by and between: 110. The TOWN OF ITHACA, NEW YORK, a municipal corporation having offices at 215 North Tioga Street, Ithaca, New York 14850, (hereinafter referred to as "TOWN"), and 110. The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green Street, Ithaca, New York (hereafter referred to as "CITY"), WITNESSETH THAT: WHEREAS, the CITY owns a pedestrian bridge that runs over Route 13 ("Route 13 Pedestrian Bridge") and CITY also holds a permit issued by the New York State Department of Transportation ("NYSDOT") authorizing the City to occupy and maintain the Route 13 Pedestrian Bridge within the State's airspace; and WHEREAS, TOWN wishes to use the Route 13 Pedestrian Bridge (also, the "Premises" or "Bridge") for the purpose of constructing a public trail, known as the "Gateway Trail"; and WHEREAS, the CITY's Board of Public Works and Common Council have authorized the Mayor to execute this Memorandum of Understanding ("MOU") allowing the above-described use subject to certain conditions; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto, for themselves, their heirs, executors, administrators, successors and assigns, do hereby covenant and agree as follows: 1. By this MOU, TOWN shall have the right to lawfully use the Route 13 Pedestrian Bridge for the purposes of installing a public trail that will exist thereon throughout the course of the MOU term and any renewals thereof, subject to the terms and conditions set forth herein as set forth in Exhibit A, which is attached and incorporated into this Agreement by reference. The CITY maintains its right and obligation to enter upon the Premises for any purpose, including the purpose of inspection or to assess or remedy a dangerous or potentially dangerous condition. 2. The use by TOWN of the above-described property of the CITY does not constitute and shall never ripen into or become a right to use any portion of such property without the consent of the CITY, but is and shall continue to be only a use by sufferance of said property of the CITY, as evidenced by this duly executed and current MOU. In its sole discretion, CITY reserves the right to move or remove any fixtures or improvements within the Premises pursuant to Paragraph 5 of this agreement. 3. Subject to the provisions of Paragraph 4, below, the term of the MOU contained herein shall be for the period commencing upon the date of execution of this MOU and expiring on March 31, 2043. The parties may renew this MOU thereafter on the mutual consent of both parties, for ten-year terms, with the same terms and conditions, provided that TOWN has submitted to CITY any required renewal forms and each party has submitted to the other proof of insurance, before the commencement of such new term(s). 1 4. Notwithstanding any other provisions herein, this MOU may be terminated by either party, upon at least 30 days' written notice to the other party, if (a) the City's Permit for Use of State Property referenced in Paragraph 7 below terminates or is revoked, and it is not replaced by a new permit within sixty (60) days of termination or revocation, or (b) the TOWN fails to submit to the CITY required insurance forms within thirty (30) days of the CITY's request for same, or (c) the CITY, in its sole discretion, determines that the Route 13 Pedestrian Bridge is unsafe for use by the general public. 5. TOWN hereby agrees to install a new deck on the Route 13 Pedestrian Bridge as indicated in Exhibit A in such a manner as to not obstruct the Route 13 roadway and in accordance with the specifications and directives of the City's Department of Public Works and the general specifications noted therein. CITY hereby agrees to maintain the Premises in a safe, sound, clean and serviceable condition, in accordance with all applicable ordinances of the CITY and such that no hazard is posed to the public from the public's use of or proximity to said Premises, and to repair or remove any unsafe or improper structure or thing thereupon. 6. TOWN hereby agrees that it is TOWN's duty, at the end of the term (in the absence of timely renewal thereof) or in the event of other termination of the License and MOU, to remove the bridge decking installed by the TOWN, if so requested by the CITY. 7. City acknowledges that the City remains responsible for reasonable inspection, repair and maintenance of the Route 13 Pedestrian Bridge, including the decking after the Town installs new decking, per the requirements of its New York State Permit for Use of State Property, Permit No. 33669, dated November 26, 2001. All determinations concerning inspections, repairs, and maintenance (including, but not limited to timing, scope, and suitability) shall be in the City's sole discretion. If at any time, the City finds that the Route 13 Pedestrian Bridge is unsuitable or unsafe for use by the general public, nothing in this MOU shall limit the City's ability to restrict the Town's use or access by the general public to the Bridge. 7. TOWN and CITY hereby agree to defend, indemnify and save each other and their respective officers, employees, elected officials and agents harmless from any loss, claim, injury or damage caused by the indemnifying party's negligence in connection with the existence, use, repair or maintenance of the Premises, or the failure to maintain the same in good repair and safe condition if the indemnifying party is required to do so by the License and MOU, including reasonable attorney's fees and court costs. TOWN acknowledges that it will likewise hold the City harmless from any costs the City may incur, including legal fees, due to any claims which may arise out of TOWN' s obstructing, encumbering or occupying any area adjacent to the Premises used to install the trail on the Premises. 8. TOWN hereby agrees to maintain at all times General Liability insurance in the amount of at least $1,000,000.00 per occurrence for bodily injury or property damage, to list the City as an additional insured under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of execution of this agreement, and as may be otherwise required by the City. 9. CITY hereby agrees to maintain at all times General Liability insurance in the amount of at least $1,000,000.00 per occurrence for bodily injury or property damage, to list the TOWN as an additional insured under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of execution of this agreement, and as may be otherwise required by the TOWN. 9. All notices provided for herein shall be sent to CITY at the address set forth above (in care of the City Chamberlain), or to TOWN (or any subsequent owner or person, as described above) at the address set forth above, or at any other address provided in writing to CITY by TOWN. 2 IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. STATE OF NEW YORK COUNTY OF TOMPKINS TOWN OF ITHACA (TO By: (signature) (print name and title) CITY OF ITHACA By: Svante L. Myrick, Mayor ) ss: On this day of , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or person on behalf of which the individual acted, executed the instrument. STATE OF NEW YORK COUNTY OF TOMPKINS ) ss: Notary Public On this day of , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared SVANTE L. MYRICK, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say that he resides at Ithaca, New York, and that he is the Mayor of the City of Ithaca, the municipal corporation described in and which executed the above instrument; and that he signed his name thereto upon authorization of the Board of Public Works of such corporation. Approved as to form and content: Notary Public City Attorney Date 3 EXHIBIT A: TERMS AND CONDITIONS: In addition to the tell is of the License and MOU, the parties agree that: 1. The Town shall be responsible for installation of new bridge decking as part of its construction of the Gateway Trail. The decking shall be constructed substantially as shown on plans, dated , that have been reviewed by City engineers. 2. The Town shall construct and maintain the portion of the Gateway Trail that runs from the current Home Depot parking lot to the north end of the Route 13 Pedestrian Bridge, and from the south end of the Bridge through Buttermilk Falls State Park to the trail's end just before Stone Quarry Road. The Town agrees to not open the Route 13 Pedestrian Bridge portion of the trail until portions on either side of the Bridge can be safely accessed and used by the public. 4 12A. Denial of Appeal of Water Service Installation Billing for 926, 930, 936 Hector Street — Resolution WHEREAS, on April 4, April 11, and April 13, 2018, the Water and Sewer Division of the City of Ithaca DPW installed new water and sewer services at the request of the Owner of 926, 930 and 936 Hector Street, and WHEREAS, the property owner states he was not aware the he would be responsible for costs associated with the installation, and WHEREAS, the Board of Public Works discussed the appeal at their regular meeting on January 15, 2019, now therefore be it RESOLVED, That the Board of Public Works hereby denies the appeal to dismiss the bills associated with the installation of new water and sewer services for these three properties, and be it further RESOLVED, That any balance on the bills not be subject to late fees or interest until 30 days beyond of the date of this Resolution, and that the owner may also, at his option, contact the City of Ithaca Chamberlain's Office to arrange an extended repayment plan for the amount of the invoices. Page 12 of 12