HomeMy WebLinkAboutMN-CC-2018-09-051
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. September 5, 2018
PRESENT:
Mayor Myrick
Alderpersons (9) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming, Smith
Kerslick, Lewis
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Building - Planning & Development Director – Cornish
Chief of Staff – Cogan
GIAC Director – McBean Clairborne
Deputy GIAC Director – Brooks
Executive Assistant - Servoss
EXCUSED:
Alderperson Mohlenhoff
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning & Economic Development Committee:
Alderperson Murtagh requested that Item 10.2 - An Ordinance to Amend the City of
Ithaca Municipal Code, Chapter 325, Entitled “Zoning” to Make Minor Corrections to the
Waterfront Zoning Districts be withdrawn from the agenda and sent back to the
Planning and Economic Development Committee.
No Council Member objected
New Business:
Alderperson McGonigal requested the addition of Item 12.1 An Amendment to the
Volunteer Fire Fighter Relief Fund Allowance.
No Council Member objected
PROCLAMATIONS/AWARDS:
Mayor Myrick read a proclamation in support and hope for a full recovery from severe
flash floods for of our neighboring counties of Schuyler, Seneca, and Yates, and
thanked the emergency responders for all of their efforts. He further thanked
Alderperson Lewis for taking the initiative to draft this proclamation.
SPECIAL ORDER OF BUSINESS:
Presentation of Quarterly Employee Recognition Award:
Mayor Myrick deferred the presentation of the Quarterly Employee Recognition Award
to the October 3, 2018 Common Council meeting.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Fay Gougakis, City of Ithaca, referred to a letter that she had submitted to Council
members last week regarding an incident at Greenstar. She further addressed issues
relating to late night mobile vending on the Commons and Lime Bikes.
Ted Schwartz, Vice President of the Ithaca Police Benevolent Association, addressed
Common Council regarding staffing shortages at the Police Department.
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Patty Siegard, Town of Newfield, urged Council to adopt local labor language in
contracts for new development projects.
Joe Wilson, Town of Dryden, reported that Cornell University’s methane gas emissions
have increased by 10% which has created a significant environmental impact and is in
violation of the City’s Greenhouse Gas Policy. He noted that the proposed North
Campus Housing Project would be using more gas.
Anne Marie Zwack, Town of Ithaca, advocated for funding public art and suggested that
a percentage of every development project be earmarked for public art. She stated that
new mosaic panels will be installed on the front of the Southside Community Center and
asked the City to fund the metal frames for the panels.
Martha Robertson, Chair, Tompkins County Legislature, addressed housing issues in
Ithaca. She discussed the rental market advancements and highlighted the home
ownership needs. She compared average home prices to the median income in the
Ithaca and suggested that this could be addressed with the addition of more
condominiums.
Eric Doane, President of the Ithaca Police Benevolent Association, addressed Council
regarding the staff shortages at the Police Department noting that the department’s
responsibilities have increased. He highlighted the existing development and
construction projects as well as Cornell’s potential expansion of students next year.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick responded to comments made by the members of the Ithaca Police
Department, noting that many departments are short staffed and will be requesting
additional positions during the upcoming budget meetings. He further responded to
comments made about the need for more owner-occupied housing.
Alderperson McGonigal thanked the speakers and noted that he would like to pursue
the discussion of including language about the use of local labor in development
projects further.
Alderperson Lewis thanked the speakers and noted that there was an intentional
questioning of the use of local labor during the presentations by the potential developers
for the Green Street Garage Project.
Alderperson Murtagh noted that the Industrial Development Agency (IDA) adopted a
local labor policy and a reporting element with the intention of adding requirements. He
noted that he would be happy follow up with Alderperson McGonigal and Ms. Siegard
on this issue. He further responded to comments made by Mr. Wilson and noted that a
public hearing will be coming up at the Planning Board on the North Campus Housing
Project.
Alderperson Murtagh noted that budgets are tight but if funding public art is an item that
Council is interested in exploring, the Planning & Economic Development Committee or
the Community Life Commission could discuss the issue further. He also thanked the
members of the Ithaca Police Department for speaking, noting that he appreciated
being alerted to the concerns of the Police Department.
CONSENT AGENDA ITEMS:
City Administration Committee:
A Resolution Authorizing Implementation and Funding in the First Instance 100%
of the Federal Aid-Eligible Costs and State “Marchiselli” Program-Aid Eligible
Costs, of a Transportation Federal-Aid Project, and Appropriating Funds
Therefore
By Alderperson Kerslick: Seconded by Alderperson Gearhart
WHEREAS, a Project for the State Street Retaining Wall, P.I.N. 375616 (the “Project”)
is eligible for funding under Title 23 U.S. Code, as amended, that calls for the
apportionment of the costs of such program to be borne at the ratio of 80% Federal
funds and 20% non-federal funds; and
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WHEREAS, on September 7, 2016, Common Council authorized the Preliminary
Design phase of the project and appropriated the sum of $816,400 to be made available
for funding in the first instance of the federal aid portion and permanent funding of the
local share of the Project; and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Preliminary Engineering/Design, Right
of Way Incidentals, Right-of-Way Acquisition, and Detailed Design, and
WHEREAS, on July 17, 2018, the Board of Public Works, acting as Lead Agency,
declared that the Project would have no significant negative environmental impacts in
accordance with SEQR and CEQR; now, therefore be it
RESOLVED, That Common Council hereby approves the above-subject project; and,
be it further
RESOLVED, That Common Council hereby authorizes the City of Ithaca to pay in the
first instance 100% of the federal and non-federal share of the cost of Preliminary
Engineering/Design, Right-of-Way Incidentals, Right-of-Way Acquisition and Detailed
Design work for the Project or portions thereof; and, be it further
RESOLVED, That the sum of $816,400, as authorized by Common Council on
September 9, 2017, is made available to cover the cost of participation in the above
phases of the Project; and, be it further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca
shall convene as soon as possible to appropriate said excess amount immediately upon
the notification by the New York State Department of Transportation thereof; and, be it
further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to
execute all necessary Agreements, and the Superintendent of Public Works is hereby
authorized to execute all necessary certifications or reimbursement requests for Federal
Aid on behalf of the City of Ithaca with the New York State Department of
Transportation in connection with the advancement or approval of the Project and
providing for the administration of the Project and the municipality’s first instance
funding of Project costs and permanent funding of the local share of federal-aid and
state-aid eligible Project costs and all Project costs within appropriations therefore that
are not so eligible; and, be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca will be roughly 5% of said portion, currently estimated
at $40,960 of the $816,400 authorized for this portion of the project, in monies and in-
kind services as managed by the Superintendent of Public Works and monitored by the
City Controller; and, be it further
RESOLVED, that a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project; and, be it further
RESOLVED, That this Resolution shall take effect immediately.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 An Ordinance to Amend Chapter 157 of the City of Ithaca Municipal Code
entitled “Commons”
By Alderperson Kerslick: Seconded by Alderperson Brock
WHEREAS, Chapter 157 of the City Code, “Commons,” regulates the use and
maintenance of the Ithaca Commons so as to promote the general welfare and public
use; and
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WHEREAS, Common Council and City staff have identified changes to such regulations
that would better promote the purpose of Chapter 157 now, therefore
ORDINANCE 2018-___
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follow:
Section 1. Findings of Fact.
The Common Council finds that:
1. City staff has identified changes to Chapter 157 that will better promote the
general welfare and public use of the Commons.
2. Such changes include, but are not limited to, updated permit requirements for
work sites on the Commons, changes in fees for not-for-profit groups utilizing the
Commons, and additional procedures for amplified sound regulations.
3. Common Council, therefore, finds it desirous to enact the changes suggested by
City Staff as set forth below.
Section 2. Amendment of Chapter 157, “Commons.”
Chapter 157 of the City of Ithaca Municipal Code, entitled “Commons,” is hereby
repealed in its entirety and replaced with the following:
Article I
General Provisions
§157-1 Title.
This chapter shall be known and may be cited as the "Ithaca Commons Rules."
§157-2 Purpose.
The purpose of this chapter is to regulate the use and maintenance of the Ithaca
Commons so as to promote the general welfare and public use of said area. In addition
to the authorities vested in the Superintendent of Public Works and the Board of Public
Works set forth in this chapter, the Public Safety and Information Commission shall
have the authority to advise on issues related to the use, maintenance, and design of
the Ithaca Commons so as to promote the general welfare and beneficial public use of
the Ithaca Commons.
§157-3 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ITHACA COMMONS
A. The following described two areas:
(1) PRIMARY COMMONS – That area of public property between the south building
lines on the north side and the north building lines on the south side of the former bed
and associated sidewalks of East State/East Martin Luther King, Jr. Street between the
east line of Cayuga Street and the west line of Aurora Street and that area of public
property between the west building lines on the east side and the east building lines on
the west side of the former bed and associated sidewalks of North Tioga Street between
the north line of East State Street/East Martin Luther King, Jr. and the south line of
Seneca Street.
(2) SECONDARY COMMONS – That area of public property between the south
building lines on the north side and the north building lines on the south side of the 100
and 200 blocks of East Green Street, the 300 block of East State/East Martin Luther
King, Jr. Street, the 100 block of West State/West Martin Luther King, Jr. Street and the
100 and 200 blocks of East Seneca Street and the public property between the east
building lines on the west side and the west building lines on the east side of the 100
and 200 blocks of North Aurora Street, the 100 block of South Aurora Street, the 200
block of North Tioga Street, the 100 block of South Cayuga Street and the 100 block of
North Cayuga Street.
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B. Unless otherwise stated, "Ithaca Commons" or "Commons" shall mean both the
Primary Commons and the Secondary Commons as described above.
ITHACA DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
A not-for-profit business improvement league which engages in the following
program areas for downtown Ithaca: business retention and development;
promotions and marketing; government relations; image marketing. The Ithaca
Downtown Business Improvement District is also known as the "Downtown Ithaca
Alliance (DIA)."
NEWSRACKS
Any self-service or coin-operated box, container, storage unit or other dispenser
installed, used, or maintained for the display, distribution or sale of newspapers,
magazines, news periodicals, or other news publications.
SHOPPING CARTS
Any cart, basket, container or other device made of wire, metal, plastic or other
material, mounted on wheels, manually operated, that is generally provided by
merchants/stores for the conveyance of merchandise, foodstuffs and other property
to automobiles and other places.
STANDARD AWNING
A nonstructural addition to the facade of any building, which is covered in fabric or
other flexible membrane. The fabric or membrane is supported by a rigid frame of
tubing or other noncombustible material. A standard awning must be capable of
being rolled up or retracted to within one foot of the face of the structure to which it
is attached. Such standard awning must not be capable of projecting from the face
of the structure upon which it is mounted more than four feet from the face of the
structure and must be no taller than four feet. The standard awning must be
mounted on the face of the structure to provide for an unobstructed clearance
below the rigid frame of the standard awning of seven feet above the sidewalk
below. A non-rigid valance may hang no greater than one foot below the rigid
frame.
STANDARD CANOPY
A nonstructural addition to the facade of any building, which is covered in fabric or
other flexible membrane. The fabric or membrane is supported by a rigid frame of
tubing or other noncombustible material. A standard canopy is one that is
constructed so that it cannot be retracted. Such standard canopy may only project
from the face of the structure upon which it is mounted four feet from the face of the
structure and may be no taller than four feet. The standard canopy must be
mounted on the face of the structure to provide for an unobstructed clearance
below the rigid frame of the standard canopy of eight feet above the sidewalk
below. A non-rigid valance may hang no greater than one foot below the rigid
frame.
SUPERINTENDENT
Unless otherwise stated, "Superintendent" shall refer to the City of Ithaca's
Superintendent of Public Works or his/her designee.
WORK SITE
An area on the Primary Commons at which work takes place, including but not
limited to façade repairs and maintenance, painting, glass replacement, and
building construction.
§157-4 (Reserved)
Article II
Use of the Commons
§157-5 Commons permits.
A. Permit classes. Commons use permits will be required for all events, activities,
displays, exhibits, commercial sales and other uses of the Commons. Such use
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permits will be issued in accordance with the provisions of this section. General
classes of permits that will be referred to the Superintendent or the Board of Public
Works include:
(1) Commons use permits, including pavilion reservations, event permits, and
information table permits on the Primary Commons. For information on Commons
loading zones, see §157-9G.
(2) Use of amplified sound on the Commons, including public address systems,
bullhorns, sound amplifiers, and loud-natured acoustical musical instruments, such
as horns, drums, and other percussion instruments.
(3) Animals. Licensed dogs are allowed on the Primary Commons by permit only,
pursuant to §157-12.
(4) External speaker permits for businesses on the Commons which utilize external
sound systems that project onto the Commons.
(5) Outdoor dining permits, including storefront dining permits for restaurants, and
Commons space permits for use by the Downtown Ithaca Alliance.
(6) Mobile vending agreements.
(7) Permits for the pick-up or drop-off of items for businesses and residents without
rear building access on buildings facing the Primary Commons.
(8) Permits for work sites on the Primary Commons, as is set forth in §157-12 and
issued pursuant to Article II, Chapter 342.
B. Permit issuance.
(1) All requests for permits must be submitted to the Superintendent's office. The
Superintendent may ask for additional information and/or request a personal
appearance before the Board of Public Works for a hearing to present the details of
a permit application and, if the Superintendent deems it appropriate, for a vote by
the Board of Public Works on such permit application.
(2) Review of permit requests shall include scheduling of the specific time, duration,
and location of the proposed use or activity. It may also include any special
conditions or restrictions that should be placed on the permit. Permits will be
approved by the Superintendent for a specific activity, specific date, specific time
period, and specific location on the Commons.
(3) The Board of Public Works shall serve as an appeals board for people whose
permit applications have been denied by the Superintendent or who feel that
unreasonable restrictions have been placed by the Superintendent upon their
permit.
(4) When a request is approved or conditionally approved by the Superintendent, the
issuance of a permit will be authorized subject to any conditions which have been
imposed by the Superintendent or which may be required by the City. Permits will
be issued by the Superintendent. The applicant will be notified of the
Superintendent's decision within five business days after a decision has been
rendered.
(5) Any permit which has been reviewed and approved by either the Superintendent or
the Board of Public Works may be revoked or amended if it is determined that the
activity for which the permit was issued is not being carried out in a manner that
meets the terms of the permit.
(6) If a request for a permit is denied by the Superintendent, the applicant will be
informed of the reasons therefor, in writing, within five business days of the
decision.
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(7) The Superintendent will be responsible for notifying appropriate City staff of permit
issuance.
§157-6 Responsibilities of permit holder.
A. The responsibilities of the permit holder shall be to:
(1) Supervise all materials, displays, products, equipment, and volunteers.
(2) Entirely remove or properly dispose of all material and equipment used in any
activity at the end of the use time and to leave the Commons in the same or better
condition than when the event began. See also §157-21, Cleaning and repairing.
(3) Remove and properly dispose of all litter and trash created by the activity, use, or
event.
(4) Hold the City of Ithaca free and clear of any responsibility for any materials,
products or equipment used in any activity or event on the Commons and for any
damages, accidents or incidents which may occur in conjunction therewith.
(5) Show proof, when required by the Superintendent, that liability insurance in an
amount to be determined based on the nature of the event has been obtained,
naming the City of Ithaca as an additional insured on the certificate.
(6) Comply with all of the applicable conditions and guidelines as set forth by the City
of Ithaca.
(7) Provide a security deposit, when required by the Superintendent of Public Works,
to cover anticipated cleaning and repair costs.
(8) Show proof, when required, of various documents, including a New York State
sales tax certificate or Tompkins County Health Department certificate.
B. A permit holder or vendor shall not discriminate against the people attending his or
her event or patronizing his or her business because of actual or perceived age;
creed; color; disability; domestic violence victim status; ethnicity; familial status;
gender; gender identity or expression; height; immigration or citizenship status;
marital status; military status; national origin; predisposing genetic characteristics;
race; religion; sex; sexual orientation; socioeconomic status; or weight.
§157-7 Fees.
Permit and use fees will be established by the Board of Public Works or Common
Council. Fees may be waived or reduced by the Board of Public Works or Common
Council if deemed in the best interest of the community. All fees shall be paid at the
time the permit is issued.
§157-8 Street performers.
A. Street performers and acoustical musicians may perform on the Commons
between 10:00 a.m. and 9:00 p.m. Sunday through Thursday and 10:00 a.m. and
10:00 p.m. on Friday and Saturday. All street performers shall locate along the
edge of the fire lane, may not impede pedestrian traffic, and must remain mobile at
all times in case emergency vehicles require access to the area. Performance
equipment and materials may not be left unattended. Street performers must move
to a different location every 45 minutes and may apply to the Superintendent for a
permit to remain in one location in excess of 45 minutes but for no longer than the
period of time designated in such permit. The Superintendent reserves the right to
designate specific areas for street performers.
B. The use of amplified sound or fire during a performance is only allowed by permit
from the Superintendent. Loud-natured acoustical instruments, such as horns,
drums and other percussion instruments, require a noise permit from the
Superintendent. Performers are responsible for monitoring and controlling the
volume of sound they make and must reduce the volume upon the request of the
Ithaca Police Department, City staff, or Downtown Ithaca Alliance staff.
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C. Performers may accept voluntary donations but shall not base their performance
upon payment or aggressively solicit contributions.
D. Performers must not be under the influence of alcoholic beverages or controlled
substances while performing. Ithaca police officers may require performers to
relocate or leave the Commons area if they are creating a disturbance that
negatively impacts the businesses or residents in the area.
E. At the conclusion of a performance, the performer is responsible for removing any
debris, trash, or litter associated with the performance or audience.
§157-9 General Commons rules; signs, displays and temporary planters.
A. The following rules apply to all uses and activities on the Primary Commons:
(1) The fire lane is to be kept open and free of any obstructions at all times. No exhibit
or item will be permitted to locate in the fire lane.
(2) Permits for use will be valid for the assigned space between the hours of 8:00 a.m.
and 10:00 p.m. In scheduling events and activities on the Commons, consideration
will be given to the people living and doing business on and around the Commons.
Amplified sound is allowed on the Commons by permit only, pursuant to §157-10.
These regulations do not pertain to special events that are regulated under §132-7
of the City of Ithaca Municipal Code.
(3) Requests for multiple permitted events (three or more) in a calendar year by a
single user requires additional approval by the Superintendent. Requests for
weekly recurring events will be considered by the Superintendent for Mondays,
Tuesdays, and Wednesdays.
(4) Rain dates will be scheduled on a case-by-case basis. Every effort will be made to
reschedule the event at the earliest appropriate time upon written request from the
event organizer. Reapplication for a permit will not be required.
(5) Disrupting the natural flow of pedestrian traffic or the ingress to or egress from
storefronts and businesses is prohibited.
(6) No person shall litter, throw, or scatter material of any kind on the Commons.
(7) Sale of merchandise on the sidewalks or public thoroughfares on the
Primary/Secondary Commons shall not be permitted without a valid permit, except
that the sale of event-specific items and items related to, and being sold by, a not-
for-profit organization, or a business located on the Primary/Secondary Commons,
shall be allowed pursuant to approval and permit by the Superintendent or Special
Events Committee.
(8) Promotional advertising banners or other materials are not to be placed across the
Commons or affixed to any pavilion or other infrastructure, except in cases where a
permit has been approved.
(9) No person shall climb upon or permit minors or animals in his/her custody to climb
upon any structure on the Commons (other than a designated play structure). This
includes, but is not limited to, public art pieces, light poles, trees, fountains, or
planters.
(10) No items or animals shall be tied, affixed or bound to any light pole, tree, planter,
pavilion or other infrastructure on the Commons, except in cases where approval
by the Superintendent of Public Works has been granted. Animals are prohibited
from entering planters on the Commons for any reason.
(11) The Commons can be reserved for "Sidewalk Sale Days," at which time Commons
merchants would be allowed to display and sell merchandise on the Ithaca
Commons.
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(12) Aggressive solicitation is prohibited pursuant to §250-9 of the City of Ithaca
Municipal Code.
(13) Overnight sleeping on the Commons is prohibited except upon approval of a permit
by the Board of Public Works.
(14) Shopping carts, as defined in §157-3 above, are not allowed on the Commons.
B. Signs; merchandise displays; temporary planters. A business, organization, or
establishment may have signs and/or displays to advertise the business in that
location. Outdoor display of goods and merchandise is limited to the items sold
within the retail establishment, subject to the following restrictions or privileges:
(1) There may be a total of two freestanding signs or displays per business entrance,
regardless of the number of businesses or organizations within the building. Where
the word "sign" is used alone hereinafter, it refers to a sign or display.
(2) For the Primary Commons, freestanding signs may be up to 48 inches tall by 24
inches wide. Signs may not extend beyond the building face or extend seven feet
from the building front. For the Secondary Commons, signs may be up to 48 inches
tall by 24 inches wide and must be placed by the curb of the street in front of their
building face, not blocking the opening of car doors or access to parking
meters/pay stations, or bike racks, and must allow at least 60 inches (five feet) for a
pedestrian right-of-way between the sign and the buildings.
(3) All signs must be made of durable material and be heavy enough to remain in place
in all weather and must present a professional appearance.
(4) Signs must be maintained in good condition, with no rust, peeling paint, peeling
laminate or broken sections. Outdoor signs and displays must not include any
objects with sharp edges, protrusions or other features which may be hazardous to
the public.
(5) Merchandise displays may be 60 inches tall. For the Primary Commons, displays
may not extend beyond the building face or extend beyond seven feet from the
building front. For the Secondary Commons, displays must allow at least 60 inches
(5 feet) for pedestrian right-of-way between the display and the buildings. The
display base shall be of a size no greater than 24 inches square and shall be made
of a durable material and shall be heavy enough to remain standing in all weather.
Displays must be maintained in good condition. The owner of signs or displays
must keep the area around them clear of snow and debris on and around the signs
at all times. See also §157-21, Cleaning and repairing.
(6) Temporary planters for flowers and plant display shall abut the building and extend
no more than 24 inches into the pedestrian walkway or the fire lane, whichever is
less. A planter must be at least 24 inches tall at the lip of the planter. Planters may
extend the length of the business. Planters must be maintained in good condition,
filled with plants or flowers, and must be kept free of snow and debris in and around
the planters. See also §157-21, Cleaning and repairing.
(7) No sign, merchandise display or planter may block or obstruct a fire suppression
system affixed to a building or impede traffic flow in or out of building entrances.
(8) Businesses with outdoor dining permits must keep their signs, merchandise
displays and planters within their designated outdoor dining area.
(9) All signs and merchandise displays must be taken in at the close of the business
day and during inclement weather conditions. See also § 157-21, Cleaning and
repairing.
(10) The Downtown Ithaca Alliance shall be allowed to place signs at or near the Bernie
Milton Pavilion and the four entrances to the Commons (Aurora Street, Cayuga
Street, Seneca Street and Home Dairy Alley). These signs shall not impede
pedestrian traffic or block fire lanes.
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(11) Outdoor food sales are not permitted during special events on the Commons.
Outdoor dining establishments with an agreement with the City are exempt from
this provision.
(12) The building owner shall be liable for any violations under this section. The building
owner is responsible for following the requirements of the City of Ithaca Sign
Ordinance (Chapter 272) in determining the rights of building tenants to place
signs, merchandise displays or planters on the Commons. The building owner may
not charge any fees for the use of a sign in public space.
§157-10 Amplified sound, lights and other electrical equipment.
A. Except by special permit issued by the Superintendent or designee, no person shall
operate or cause to be operated on the Ithaca Commons any boom box, tape
recorder, radio or other device for electronic sound amplification in a loud, annoying
or offensive manner such that noise from the device interferes with conversation or
with the comfort, repose, health or safety of others. Refer to City of Ithaca Municipal
Code Chapter 240, entitled "Noise," for further information.
B. Except by special permit issued by the Superintendent or designee, no person shall
operate or cause to be operated any boom box, stereo system, tape recorder, radio
or other device from on or inside any building on the Ithaca Commons, the sound
from which is directed outside towards the pedestrian area.
C. The provisions of Subsections A and B above shall not apply to emergency warning
devices, sirens, alarms or other devices being used solely for public safety
purposes.
D. Amplified sound may be used between 11:00 a.m. and 2:00 p.m. Monday through
Friday and 5:00 p.m. and 9:00 p.m. Sunday through Thursday. On Friday, amplified
sound is allowed from 5:00 p.m. to 10:00 p.m., and on Saturday, amplified sound is
allowed from 10:00 a.m. to 10:00 p.m. Performers are required to schedule 20
minutes of quiet time for every hour of amplified sound. Approval of a noise permit
by the Superintendent or designee is required. Sound levels are subject to
immediate volume reduction upon request by any City official, or staff member of
the Downtown Ithaca Alliance. Failure to comply with such requests to reduce
volume levels are subject to immediate permit revocation. Requests to extend the
hours of amplified sound may be made to the Board of Public Works.
E. The use of supplemental lighting, movie and slide projectors and any other type of
electrical equipment or display will be carefully reviewed by the Superintendent,
City Electrician, and the Special Events Committee so as to minimize nuisance or
hazard conditions.
§157-11 Vehicles on the Commons.
A. Only service and business delivery vehicles are allowed on the Primary Commons
between the hours of 6:00 a.m. and 9:00 a.m. each day of the week except on days
when major festivals are planned. All vehicles shall enter the Primary Commons on
the west end (Cayuga Street) and exit on the east end (Aurora Street). All vehicles
shall remain on the edge of the fire lane. Businesses with rear access should
continue to use that space for deliveries and service work. Vehicles may not be
unattended for more than five minutes. No parking of vehicles is allowed. Any
vehicles remaining on the Primary Commons after 9:00 a.m. without an authorized
permit shall be subject to towing at the owner's expense. Requests to drive a
vehicle on the Primary Commons during other hours, vehicles with a gross weight
over 10,000 pounds, and vehicles with trailers require additional consideration and
a permit issued by the Superintendent.
B. No vehicle shall operate at a speed greater than five miles per hour. The use of a
flagger and/or hazard flashing lights is required for any permit granted by the
Superintendent.
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C. If it is necessary for vehicles to operate in reverse gear while on the Primary
Commons, a flagger is required. This provision shall not apply to emergency
vehicles when operating during an emergency situation.
D. Any vehicle which must remain on the Primary Commons as an integral part of a
display or exhibit or if extended service is necessary must be able to be moved
immediately.
E. Municipal and utility vehicles will be permitted on the Primary Commons for the
minimum time necessary to complete their task. Notification of such shall be made
to the Superintendent's office prior to beginning the work.
F. Precautionary measures must be taken to prevent dripping of oil, transmission fluid
and other fluids on the concrete when a vehicle is stopped. In the event that
drippings of oil or other fluids occur, the set guidelines for removal of stains on
concrete pavers established by the Department of Public Works must be followed.
See also §157-21, Cleaning and repairing.
G. Ithaca Commons loading zones. Use of the loading zones at the entrances to the
Primary Commons is strictly reserved for vehicles making deliveries or loading and
unloading passengers. No other use of the loading zones shall be made without the
express written permission of the Chief of the Police Department.
§157-12. Work Sites on the Commons.
A. Maintenance, repairs, or construction on buildings adjacent to and facing the
Primary Commons that require equipment to be set up or used on the Primary
Commons, including, but not limited to, lifts, vehicles, construction equipment, and
scaffolding, may not commence without first obtaining a permit from the
Superintendent pursuant to Article II, Chapter 342 of the City of Ithaca Municipal
Code.
B. Such permit shall be issued and governed by Article II, Chapter 342 of the City of
Ithaca Municipal Code and the fee for such permit shall be determined and from
time to time updated by the Board of Public Works.
C. Work Site Setup. Work sites may not obstruct pedestrians on the Primary
Commons. Work sites must be surrounded with barriers or fencing (metal barriers
or snow field fencing are preferred) in such a manner that pedestrian, including
those with sight challenges, are able to identify the work site and maneuver around
it.
(1) Scaffolding or other equipment may not obstruct traffic to or from buildings without
providing an alternate means of ingress and egress.
(2) Signs must be set up that clearly indicate detour paths around work sites.
(3) No more than two vehicles, including lifts, may be located at a work site at any
time. Exceptions must be addressed on a case-by-case basis by the
Superintendent.
All work vehicles, lifts, barricades, signs, or other materials or equipment must be
removed from the Primary Commons prior to the beginning of any scheduled special
event or festival, unless the Superintendent or Special Events Committee provides
permission for such items to remain on the Commons during the special event or
festival.
§157-13 Bicycles and other wheeled devices.
A. Riding of bicycles, motorcycles, roller skates, skateboards and similar wheeled
devices is prohibited on the Primary Commons. Standing or sitting astride a bicycle
with one leg on either side of the bicycle is also prohibited. Wheelchairs, baby
strollers and similar devices intended for the convenience and comfort of infants or
people with disabling conditions are permitted on the Commons. Nothing herein
shall prohibit a pedestrian from walking a bicycle on the Primary Commons or
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having a bicycle or skateboard in the pedestrian's possession while on the Primary
Commons.
B. No person shall park any bicycle against windows, trees, light poles, planters or
other infrastructure in any such manner as to constitute a hazard to pedestrians,
traffic or property. Bicycle racks are provided at different locations on the Commons
for the storage of bicycles on a short-term and/or daily basis only.
C. Bicycles may be impounded for the following reasons:
(1) There is reasonable cause to believe the bicycle has been stolen;
(2) There is reasonable cause to believe the bicycle has been used in the commission
of a crime;
(3) The bicycle has been parked in violation of Subsection B above, and the owner or
person authorized to possess the bicycle has refused to remove it or has not been
identified after a reasonable inquiry; or
(4) The bicycle has been abandoned. Before a bicycle may be considered abandoned,
it must remain unmoved for at least 24 hours after a notice has been affixed to the
bicycle by the Ithaca Police Department warning that it may be impounded unless
moved within 24 hours.
D. A violation of this section shall be punishable by a fine of not more than $50. A
second violation within three years is punishable by a fine of not more than $150 or
a conditional discharge requiring not more than 40 hours of community service and
not less than $50 or a conditional discharge requiring not less than 15 hours of
community service. A third violation within three years is punishable by a fine of not
more than $250 or a conditional discharge requiring not more than 60 hours of
community service and not less than $100 or a conditional discharge requiring not
less than 25 hours of community service.
§157-14 Alcoholic beverages.
No alcoholic beverages may be sold or consumed on the Commons except by special
permit approved by the Common Council for a specific date, location and duration.
Liquor and general liability insurance may be required in an amount to be determined
based upon the nature of the event, but in no case shall it be less than $1,000,000.
Insurance certificates must name the City of Ithaca as an additional insured for the
duration of the event.
§157-15 Dogs and other animals.
A. No animals are allowed on the Primary Commons except by special permit. This
provision does not apply to service animals providing assistance to people with
special needs and police working dogs.
B. Owners or tenants of residential or commercial premises on the Primary Commons,
whose only access to their premises is from the Primary Commons, may apply to
the Superintendent for a special permit. Such permit shall be conditional upon
compliance with all City laws and ordinances pertaining to animals, and as outlined
above in § 157-5A(3).
C. A permit shall allow tenants and owners of premises on the Primary Commons, or
the customers of businesses that require the presence of animals to perform the
function of the business, to transport their animals to and from their premises in the
shortest and most direct route possible. Animals shall be leashed or transported in
carriers and may not enter any planter for any reason. The feeding of birds or other
wild animals is prohibited on the Commons.
D. The permit shall not be transferable and is revocable at any time should the permit
holder fail to comply fully with the terms of the permit. The permit shall be valid for
the duration of the owner's lease or ownership of premises on the Commons or for
a period of one year, whichever is shorter. The permit shall be renewable annually
upon application to the Superintendent. The permit fee shall be set by the Board of
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Public Works or Common Council. No more than two permits shall be issued for
each residential or commercial unit. In the case of a business that requires the
presence of animals to perform the function of the business, one permit shall cover
the business and all of its customers. In addition, a valid New York State dog
license is required and must be presented at the time of application for the permit.
E. The Superintendent shall review each application for a business permit and shall
grant such permit upon the following conditions:
(1) That animals shall be limited to an area between the premises and the closest of
the four primary Commons entrances (Home Dairy Alley, Aurora Street, Seneca
Street or Cayuga Street);
(2) That the permit shall be for the movement of animals to and from the business and
shall not allow for the loitering of animals in the permitted area;
(3) That the dog owners or other persons responsible for the dog are responsible for
promptly removing any animal waste pursuant to §164-9 of the City of Ithaca
Municipal Code, which is not preempted by this section; and
(4) That the permittee, should the dog owner fail to fulfill this responsibility, shall be
responsible for the cleaning of any animal urine or feces that is deposited in the
permit area.
§157-16 Posting of bills and notices.
Posting of bills or notices or the attachment of any unauthorized devices to any public
structures of the Commons is prohibited, pursuant to §250-1 of the City of Ithaca
Municipal Code.
§157-17 Newsracks.
The Downtown Ithaca Alliance shall administer the placement of news racks on the
Commons. Requests to use the news racks will be considered in accordance with the
policy approved by the Board of Public Works.
§157-18 Refuse.
A. Commons businesses and residents will be allowed 24/7 access to a secure
disposal facility. Private trash and recycling will not be collected on the Primary
Commons. Trash receptacles on the Commons may not be utilized for residential
or household waste. Depositing household waste in these receptacles will be
considered illegal dumping and violators will be fined in accordance with § 196 of
the City of Ithaca Municipal Code.
B. In the event that the transport of trash results in drippings or leaking fluids on the
Commons, the guidelines for cleaning stains established by the Department of
Public Works must be followed. See also § 157-21, Cleaning and repairing.
§157-19 Storage.
No storage of items, material or stock, etc., will be allowed anywhere on the Commons,
except by permit issued by the Superintendent of Public Works.
§157-20 Property damage.
Unauthorized cutting, mutilating, removing or taking away of any trees, shrubs or
flowers, defacing or damaging of property is prohibited unless expressly authorized by
the Superintendent of Public Works.
§157-21 Cleaning and repairing.
A. All users involved with activities on the Commons shall be responsible for
cleaning and repairing to assure that the Commons will be returned to its prior condition
previous to its use. Failure to comply with this provision shall result in the City's taking
necessary action to clean and repair the Commons and to restore it to its prior
condition. In such case, the City shall bill the user for the cost of such repairing or
cleaning, both on the Commons and on the surrounding business improvement district.
It is expected that the same level of maintenance will be extended to the entire business
improvement district as prevails for the Commons. This provision shall not relieve the
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City from performing normal, routine cleaning and maintenance activities.
B. Maintenance and snow removal guidelines.
(1) Guidelines will be developed by the Department of Public Works in accordance with
best practices, with approval from Board of Public Works, and will be updated as
needed. Guidelines will be made available through the Superintendent's office and
listed on the City's website.
Article III
Outdoor Dining
§157-22 Applications; rules of operation; permits; appeals.
A. The Superintendent shall review and consider outdoor dining applications for food
establishments on the Primary and Secondary Commons. No establishment shall
be permitted to use City property for outdoor dining purposes without an approved
permit in place. Applications shall include the following documentation:
(1) Certificate of general liability insurance in an amount to be determined based upon
the nature of the event, but in no case shall it be less than $1,000,000; it must also
name the City of Ithaca as an additional insured.
(2) Proof of workers' compensation and disability insurance.
(3) If alcohol is to be served, additional liquor liability insurance is required in an
amount to be determined, but in no case shall it be less than $1,000,000. It must
name the City of Ithaca as an additional insured.
(4) Sketch of area, with dimensions. Show storefront, curb, dining area and other
important items (e.g., trees, fire hydrants, etc.).
(5) A use fee shall be submitted with the completed outdoor dining application and
required paperwork.
B. Rules of operation.
(1) The dining area shall be adjacent to the business holding the agreement. On the
Primary Commons, the area may not extend out from the building more than seven
feet. The dining area shall not impede pedestrian traffic flow and shall not extend
beyond the agreement holder's storefront on the Commons.
(2) The dining area shall be physically defined. Establishments serving alcohol require
approval from Common Council through the City Clerk's office.
(3) The business owner shall be completely responsible for all aspects of the area,
including cleanliness, trash, and stain removal.
(4) The outdoor dining season shall be from April 1 to March 31. Outdoor dining
furniture may not impede the City's efforts to remove debris, or snow and ice
accumulations from the Commons.
(5) Outdoor dining applications must be submitted and approved annually prior to
outdoor dining furniture being placed on City property.
(6) Furniture and fixtures, signs, and means used to define the dining area will be
allowed only during the approved dining hours and within the sidewalk markings
provided by the City. Permittees shall be held responsible for the actions of their
staff and customers.
(7) The area used is subject to periodic review by City staff. Business owners and
their staff shall comply with requests from City staff to move outdoor dining furniture
to ensure pedestrian access and safety on the sidewalk.
(8) Any permittee who violates §157-22B (6), regarding the placement of outdoor
dining furniture and fixtures, shall receive a written warning for the first violation.
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The permittee shall be liable for a civil penalty of $250 for the second violation in a
twelve-month period, $500 for the third violation in a twelve-month period, and
$1,000 for the fourth and subsequent violations in a twelve-month period. In lieu of
a fine of $1,000, the permittee may agree to a temporary permit revocation of
seven consecutive days within the month the violation is served. Failure to comply,
or continued violations, may result in the denial of future outdoor dining permit
applications.
(9) The City reserves the right to require a security deposit if the site is not maintained
free of trash, litter, grease and stains. The business owner is responsible for
removal of stains or drippings in accordance with the guidelines for stain removal
established by the Department of Public Works. See also § 157-21, Cleaning and
repairing.
(10) The City may terminate this agreement at any time without cause, in which case
the applicant shall be reimbursed for the period of time which would be remaining
on the agreement if the agreement were not terminated before expiration.
(11) The City may terminate this agreement for the following causes, including but not
limited to:
(a) Violation of the guidelines and requirements listed above.
(b) Fraud, misrepresentation or false statements in the agreement application.
(c) Violation of any ordinances, regulations or laws applicable to the holder of such
agreement.
(12) If the agreement is terminated for cause, the agreement period shall end
immediately, and no refunds will be issued. Notice of proposed suspension or
revocation of an agreement for outdoor dining shall be given in writing, setting forth
specifically the grounds of the complaint. The applicant shall have a right to a
hearing in front of the Board of Public Works on the proposed revocation or
suspension.
(13) The Superintendent of Public Works shall have the right to terminate or reinstate
the agreement. Such decision shall become effective immediately
(14) Any applicant whose agreement is revoked under this regulation may not reapply
for another agreement until the expiration of one year from the date of revocation.
(15) The applicant shall not discriminate against any employee, applicant for
employment, subcontractor, supplier of materials or services, or program
participant because of actual or perceived age; creed; color; disability; domestic
violence victim status; ethnicity; familial status; gender; gender identity or
expression; height; immigration or citizenship status; marital status; military status;
national origin; predisposing genetic characteristics; race; religion; sex; sexual
orientation; socioeconomic status; or weight.
C. The Department of Public Works shall be authorized to issue permits to the
Downtown Ithaca Alliance for placement of tables and chairs for dining and leisure
purposes on the Primary and Secondary Commons during the warm weather
season.
D. Appeals for denied agreements. Any person or group that has been denied an
agreement for outdoor dining on the Ithaca Commons may appeal such decision to
the Board of Public Works. Such appeal shall be submitted, in writing, to the
Superintendent's office within 10 days from the date of denial. The Board of Public
Works may act to sustain the original decision or to revise it, with or without
conditions.
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Article IV
Mobile Vending
§157-23 Mobile vending cart regulations.
A. Types of vendors on the Commons:
(1) Food/beverage (non-alcoholic only)/merchandise. Vendors selling food/beverages
need to check with the Tompkins County Health Department and Ithaca Fire
Department regarding their regulations.
(2) Nonfood/merchandise for sale/services.
(3) See §157-28, Exceptions.
B. Definition of "mobile vending": selling food/beverage/merchandise/services from a
wheeled carrier that can move easily without the use of a vehicle or power source.
Carts must be battery operated and completely self-contained as the City does not
provide water or electric to the vendors. The use of generators is prohibited without
first obtaining a special permit from the Superintendent’s office.
C. Cart construction requirements: Vending carts are required and must be
constructed in a professional manner and using methods and techniques
associated with good craftsmanship.
(1) Awnings, canopies, or umbrellas: lowest edge of any awning, canopy, or umbrella
must be at least 6 1/2 feet from the ground; flame-resistant or fire-retardant canvas
or simulated canvas with a peaked roof that may extend 18 inches beyond the side
of the cart. Canopies and awnings must be fastened to all corners. Umbrellas must
be windproof, using a standard metal umbrella holder with a locking device
permanently attached to the cart.
(2) Box carts: Carts that are shaped like a square or rectangular box, having a
permanent roof, four permanent sides and limited see-through ability, are not
permitted.
(3) Coolers (for food/beverage vendors only): maximum of two coolers per cart vendor.
Both coolers are required to be stored on the same dolly. Each food vendor is
required to have one dolly. Coolers must be pressed up against cart or no more
than six inches away from cart. All coolers must be kept in a clean and sanitary
condition, free of dirt, grime, grease.
(4) Display cases: must be sturdy, in good repair, and attached to the cart (preferred).
If not attached, they must be heavy enough to withstand considerable winds or
other natural elements.
(5) Fixtures: good quality hinges, clasps, and other hardware must be secured firmly to
the cart.
(6) Height: maximum of eight feet (from pavement to highest point of the cart).
(7) Lighting: Lighting can be used for preparing and serving food and illuminating a
menu. Decorative lighting is not permitted unless approved by the Superintendent.
Lighting not approved by the Superintendent must be removed immediately.
(8) Making carts stationary: mobile carts must be stationary in their locations. Locking
wheels are preferred. Wheel chocks may be used.
(9) Mats: required for food/beverage vendors only. Clean, solid, fire-retardant tarp,
minimum 12 square feet, in front of each food cart to capture spilled food/beverage
and waste. No exception. Staff may require additional mats as needed (under gril l
area, for example). Mats should be rolled up, removed from the Commons, and
cleaned before reuse. Vendor is responsible for removal of any drippings or stains
that occur at his/her location. Vendors must use the guidelines for stain removal
established by the Department of Public Works. See also §157-21, Cleaning and
repairing.
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(10) Maximum cart size: no larger than 32 square feet and of reasonable proportions.
(11) One structure only: cannot use more than one structure per vendor location.
(12) See-through ability: must be able to see through at least two sides of the cart at all
times.
(13) Signage: Product brand names, related to products being sold, are permitted on
umbrellas. All signs are subject to rules as outlined in City of Ithaca Municipal Code
Chapter 272, entitled "Signs."
(14) Tables: no freestanding tables. Built-in, folding-down tables attached to the actual
vendor cart are acceptable, provided they have been approved by the
Superintendent.
(15) Trash/recycling receptacles: Each vendor must have a trash container with a lid,
and trash bags must always be used. Vendor must also have a recycling container.
The vendor must follow the strict "carry in/carry out" policy of the City of Ithaca.
Vendors may not use Commons trash receptacles. Vendor may use the secure
trash facility used by Commons businesses through the purchase of an access key
and authorized trash bags.
(16) Wheels: minimum six-inch diameter. Two large wheels and one small wheel are
acceptable.
(17) Shopping carts are not allowed as part of the mobile vending space.
§157-24 Mobile vending locations.
The Board of Public Works is authorized to determine appropriate locations where
vending shall take place. The Superintendent's office shall maintain and make available
to the public a map of approved vending locations.
§157-25 Hours of operation.
Operating hours for mobile vending carts are between 10:00 a.m. and 10:00 p.m. Carts
must be removed from the Primary Commons between the hours of 10:00 p.m. and
8:00 a.m. Vendors who wish to operate outside regular hours must obtain permission
from the Superintendent.
§157-26 Agreements.
A. The Superintendent may issue agreements for mobile vending on the Primary
Commons pursuant to the Mobile Vending Map, which is approved by the Board of
Public Works annually. The Superintendent may refuse to issue an agreement:
(1) If there are no eligible vending sites available.
(2) To any applicant who fails to satisfy the application requirements.
(3) To any applicant who violated the terms of a mobile vending agreement the
previous vending season.
B. Application requirements.
(1) Completed applications for vending agreements with corresponding fees shall be
received and considered by the Superintendent. Fees include, but may not be
limited to, application fee, security deposit, and use fee. The fees have been
established in accordance with Chapter 170 of the City of Ithaca Municipal Code,
entitled "Use of Real City Property." Notwithstanding the foregoing, the Board of
Public Works may, in its discretion, offer a reduced permit fee for not-for-profit
organizations offering employment opportunities for youth or persons with
disabilities.
(2) A description of the type of merchandise, service, food or beverage menu to be
offered for sale.
(3) Price list of each item being sold.
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(4) A description and photograph of the cart to be used.
(5) Proof that the applicant has complied with the established regulations of the
Tompkins County Health Department, Ithaca Fire Department and other
appropriate state, federal and local laws and regulations applicable to the vending
business.
(6) A certificate of liability insurance in an amount to be determined, but in no case
shall it be less than $1,000,000. It must also name the City of Ithaca as an
additional insured.
(7) Proof of New York State workers' compensation and disability insurance or New
York State workers' compensation and disability exemption certificate completed.
(8) Applicants shall demonstrate that they have a New York State sales tax certificate
at all times while they are vending.
(9) A written description of waste disposal plans for trash, water, grease, and other
materials.
(10) Proof of 501(c)(3) designation, state, or federal not-for-profit status, if applicable.
(11) The Superintendent may require additional information from the applicant if
deemed necessary.
(12) Whenever a name or address provided by the vendor on his or her agreement or
application changes, he or she shall notify the Superintendent within 10 days of the
change.
C. Mobile vending agreements. Upon receipt of a completed application and
appropriate fees, the Superintendent will prepare a mobile vending agreement
between the vendor and the City of Ithaca. The Superintendent's office will maintain
the original agreement on file in its office.
D. Security deposit. A refundable security deposit is required for all vendors. All sites
are subject to periodic review, and the deposit will be refunded upon final site
inspection by the Department of Public Works at the end of the agreement period.
Vendors must comply with guidelines for stain removal established by the
Department of Public Works. See also § 157-21, Cleaning and repairing. If grease
or other stains are found at the vending site, the Department of Public Works shall
make arrangements with the vendor for clean up within a specified time period. If
the site is not cleaned up within that time period, the Department of Public Works
will clean the site and will subtract the fee from the security deposit. If additional
costs are incurred, the vendor will be billed accordingly.
E. All fees are nonrefundable.
F. Requested site location. Sites are listed on the Commons Amenities Map obtained
from the office of the Superintendent of Public Works. Site preference consideration
will first be given to returning vendors, and then on a first-come basis. If two
returning vendors request the same site, the site will be awarded on a first-come-
first-served basis.
§157-27 Vendor responsibility.
A. Vendors receiving agreements shall:
(1) Comply with all laws, ordinances and regulations applicable to their business.
(2) Refrain from operating carts after agreements expire and when the agreements are
suspended or revoked.
(3) Surrender their agreements promptly upon their revocation or suspension.
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(4) Defend, indemnify, save and hold harmless the City of Ithaca from any and all acts
of negligence arising from the vendor's use of the Commons and shall be so duly
insured.
B. The vendor will not discriminate against any employee, applicant for employment,
subcontractor, supplier of materials or services, or program participant because of
actual or perceived age; creed; color; disability; domestic violence victim status;
ethnicity; familial status; gender; gender identity or expression; height; immigration
or citizenship status; marital status; military status; national origin; predisposing
genetic characteristics; race; religion; sex; sexual orientation; socioeconomic
status; or weight.
§157-28 Rules of operation.
The following are the mobile vending rules of operation:
A. Vending sites are 10 feet by 10 feet in size, and vendors are required to keep all of
their equipment within their assigned site.
B. Vendors shall not block or inhibit pedestrian traffic or allow emergency vehicular
traffic to be impeded because of vending operations.
C. Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission is
granted by the Superintendent.
D. Vending carts must be attended at all times.
E. All carts and equipment must be removed from the vending site at the close of
business each day.
F. All vendors must maintain the submitted list of items for sale and prices throughout
the agreement period unless special permission is granted by the Superintendent.
G. Smoke and/or odors produced by the cooking of foods on a mobile vending cart
must be vented, filtered or disposed of in a comparable manner so as to reasonably
prevent the release of odor or particulate matter into the surrounding environment.
H. Vendors are responsible for trash and waste disposal. Vendors shall provide a
container for trash and litter, and be responsible for the appropriate removal and
disposal thereof. No dumping is allowed in City trash cans, grates, storm sewers, or
other areas.
I. Vendors shall keep public spaces within a ten-foot radius of their cart clean and
free from paper, peelings, oil and grease spills and refuse of any kind generated
from the operation of their cart. If spills do occur, the vendor is responsible for using
the guidelines for proper removal of stains established by the Department of Public
Works. See also §157-21, Cleaning and repairing.
J. No music, amplified sound, or repetitive noise that can be heard outside of the
vending site may be played by the vendor.
K. If a vending site remains vacant for three consecutive weeks without notification to
the Superintendent's office, it will be considered abandoned and reassigned, with
no refunds issued.
L. The City reserves the right to move vendors for necessary maintenance and repairs
on the Commons.
M. The City does not provide water or electric service to mobile vendors.
N. All vendors shall cooperate with staff members of City of Ithaca and the Downtown
Ithaca Alliance.
§157-29 Suspension or revocation of agreement.
A. The City may terminate a mobile vending agreement at any time without cause, in
which case the vendor shall be reimbursed for the period of time that would be
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remaining on the agreement if the agreement were not terminated before
expiration.
B. If the agreement is terminated for cause, the agreement period shall end
immediately, and no refunds will be issued. Notice of proposed suspension or
revocation of an agreement for mobile vending shall be given in writing, setting
forth specifically the grounds of the complaint. The vendor shall have a right to a
hearing on the proposed revocation or suspension before the Board of Public
Works no sooner than 10 days after requesting such a hearing, in writing. Grounds
for termination include, but are not limited to:
(1) Violation of the rules of operation.
(2) Fraud, misrepresentation or false statements on the application.
(3) Fraud, misrepresentation or false statements made in connection with the selling of
merchandise.
(4) Violation of any ordinances, regulations or laws applicable to the holder of such an
agreement.
(5) Conduct of the business permitted in an unlawful manner or in such a way as to
constitute a menace to the health and safety of the public.
C. The Board of Public Works shall have the right to terminate or reinstate the
agreement. Such decision shall become effective immediately.
D. Any applicant whose agreement is revoked under this regulation may not reapply
for another agreement until the expiration of one year from the date of revocation.
§157-30 Ithaca Festival and other special events.
Notwithstanding the above, permits to sell on the Commons or to operate mobile vending carts
granted pursuant to this Chapter shall include days on which it is expected that the Ithaca
Festival or other events sponsored by the Downtown Ithaca Alliance will take place on the
Commons. A listing of these events and dates shall be maintained by the City. The vendor will
be required to make application to the event coordinator and pay any additional fees as
required. Vendors may be relocated from their assigned spot during the event, at the discretion
of the event coordinator. Vendors must follow the rules of each event. Vendors interested in
vending during special events should contact the Downtown Ithaca Alliance, Ithaca Festival
offices, or other event coordinator for information regarding vending requirements for those
special events.
§157-31 Exceptions.
Persons holding a license issued by the Tompkins County Clerk to vend under the
status of a United States Armed Forces veteran pursuant to §32 of the General
Business Law, to the extent legally permitted, are required to abide by all regulations
except those concerning fees.
§157-32 Appeals for denied agreements.
Any person or group that has been denied an agreement to vend on the Commons may
appeal such decision to the Board of Public Works. Such appeal shall be submitted in
writing to the Superintendent's office within 10 days from the date of denial. The Board
of Public Works may act to sustain the original decision or to revise it, with or without
conditions.
Article V
Exceptions; Penalties
§157-33 Limited waivers and exceptions.
The Superintendent is authorized to grant limited waivers and exceptions to the
provisions of this chapter, as is appropriate and for temporary periods not to exceed one
week in duration. Such waivers and exceptions shall be subject to any appropriate
review by the Fire Department, the Police Department, or other affected department.
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§157-34 Applicability of other ordinances.
Except as otherwise provided in this chapter, all existing ordinances of the City of Ithaca
shall apply to the Ithaca Commons.
§157-35 Penalties for offenses.
Except as otherwise provided, any violation of the provisions of this law shall be
punishable as a civil offense in accordance with §1-1 of the City of Ithaca Municipal
Code.
Section 3. Severability Clause.
Severability is intended throughout and within the provisions of this ordinance. If any
section, subsection, sentence, clause, phrase, or portion of this ordinance is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this ordinance.
Section 4. Effective Date.
This ordinance shall take effect in accordance with law upon publication of notices as
provided for in the Ithaca City Charter.
Alderperson Brock highlighted issues regarding the maintenance of an ADA compliant
walkway as it relates to outdoor dining.
Executive Assistant Kathy Servoss explained that when restaurant space is being
determined, the first consideration is the 5ft ADA compliant walkway. She further noted
that there is a warning and ticketing process in place for violations of that condition of
the outdoor dining legal agreements with the city.
Alderperson Brock stated that it has been a tradition for local restaurants to inform their
employees the day that their restaurants/businesses are being closed. She described
the incredible negative impact this has on employees and stated that she would like
businesses to be required to provide a 2 week notice of any restaurant closing.
Alderperson Fleming questioned why the special provisions for not-for-profit mobile
vendors were restricted to youth and people with disabilities. Executive Assistant
Servoss explained that this was language that had previously existed in the City Code
but was mistakenly removed during one of the recent updates. The City and the
Downtown Ithaca Alliance are interested in helping youth groups and organizations
such as Challenge Industries create business opportunities in our community.
A vote on the Ordinance resulted as follows:
Carried Unanimously (9-0)
9.2 A Request to New York State Department of Transportation (NYSDOT) to
Undertake the Assessment for a Jurisdictional Realignment of Route 13 South
from City Line and Route 79 East from Meadow Street and west from the Tuning
Fork in accordance with the NYSDOT Manual of Administrative Procedures –
Resolution
Alderperson Kerslick: Seconded by Alderperson Murtagh
WHEREAS, upon staff recommendation, the City of Ithaca Board of Public Works
recommended an exchange of right-of- ways between the State of New York and the
City of Ithaca; and
WHEREAS, the right-of-way segments under consideration are:
1) The City of Ithaca owned portion of Route 13, from the south City
line to a point approximately 0.85 miles to the north
2) The New York State owned portions of Route 79 in the central
business district, including Green Street, Seneca Street and Seneca Way,
from and including the Tuning Fork intersection (State/Green/Seneca
Way) to Route 13 northbound (Meadow Street)
; and
September 5, 2018
22
WHEREAS, the Common Council understands that there is a DOT Administrative
Procedure that will evaluate the proposed exchange and will ultimately require formal
action from Common Council and the NYS Legislature to effect the exchange; and
WHEREAS, the City of Ithaca would expect to modify the existing Arterial Maintenance
agreement between the City and the State to include state owned road segments after
the exchange; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby endorse the
exchange of right-of-ways, including the rights and responsibilities thereto, with the New
York State Department of Transportation for the abovementioned roadways; and, be it
further
RESOLVED, That the Common Council of the City of Ithaca does hereby request the
New York State Department of Transportation to undertake the assessment for a
jurisdictional realignment in accordance with the NYSDOT Manual of Administrative
Procedures for
the City of Ithaca owned portion of Route 13, also known as Elmira
Road, from the south City line to a point approximately 0.85 miles
to the north, and
the New York State owned portions of Route 79 in the central
business district, including Green Street, Seneca Street and
Seneca Way, from and including the Tuning Fork intersection
(State/Green/Seneca Way) to Route 13 northbound (Meadow
Street)
; and, be it further
RESOLVED, That Common Council authorizes the Superintendent of Public Works to
pursue said exchange with the State of New York and return with a final proposal from
NYSDOT for local approval.
Alderperson Kerslick thanked Director of Engineering Logue for sharing the memo that
was distributed to the Board of Public Works in 2015, and Transportation Engineer
Hathaway for sharing the memo with the updated financial figures.
Alderperson Murtagh questioned whether there was a requirement to exchange these
streets. Transportation Engineer Hathaway responded that the exchange would
increase the City’s ability to serve the public better, explaining that the DoT is stationed
out of Syracuse and it is harder for them to maintain these streets and issue applicable
permits.
Discussion followed on the floor regarding the increased capital cost of owning Green
and Seneca Streets vs. Elmira Road/Rt. 13, and the permitting fees and Federal funding
that could be used to offset some of those costs.
A vote on the Resolution resulted as follows:
Carried Unanimously (9-0)
9.3 City Controller’s Report:
City Controller Thayer reported on the following:
The 2017 audit should be forwarded to Common Council for approval next month
2019 budget development
o The Mayor, Chief of Staff and Controller have met with each department
o Drivers of the budget include:
The property tax cap which will be 2.93%
The tax base growth factor which is 1.04%; sidewalk and bid
assessment districts; and PILOT estimates
Health insurance costs which will increase 5%
Pension funds which will mostly remain the same; however, Police
and Fire pension fees will increase slightly
Assessment increases which equal 7.69%. This equates to an
approximately $1.8 million increase to the budget with no increase
to tax rate which is currently $12.14 per $1,000 of assessed value
Staff & equipment needs
September 5, 2018
23
Strong sales tax - currently 6% higher than activity in 2017
Building permit revenue increases
Alderperson Brock questioned the assessment increases and how residential property
owners will be affected. City Controller Thayer noted that he would be breaking down
that data during the upcoming budget discussions.
Alderperson Kerslick asked about the sales tax revenue. City Controller Thayer noted
that the increases seem to be related to fuel prices and the strength of the economy in
New York State.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Approval of Sale of Property at 402 S. Cayuga Street to Ithaca
Neighborhood Housing Services - Resolution
By Alderperson Murtagh: Seconded by Alderperson Lewis
WHEREAS, the Ithaca Urban Renewal Agency (IURA) is the owner of vacant real
property located at 402 S. Cayuga Street (tax parcel # 93.-6-7); and
WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INHS) seeks to acquire 402
S. Cayuga Street to develop new owner-occupied town homes, at least two of which will
be affordable to low-income homebuyers; and
WHEREAS, the IURA is authorized to dispose of property to a specific buyer at a
negotiated price if such buyer is designated as an eligible and qualified sponsor
(Sponsor) to carry out an urban renewal project pursuant to section 508 of General
Municipal Law and the sale is approved by Common Council following a public hearing;
and
WHEREAS, on June 29, 2018, the IURA designated INHS as a “qualified and eligible
sponsor” eligible to acquire 402 S. Cayuga Street for the purpose of undertaking an
urban renewal project to develop affordable for-sale housing; and
WHEREAS, the IURA approved entering into a sales agreement for 402 S. Cayuga
Street property subject Common Council approval and the following terms and
conditions:
Seller: Ithaca Urban Renewal Agency
Purchaser: INHS, Inc.
Sales price: $30,000.00
Outcome: Development of at least 2 new owner-occupied residences to be
sold to households earning no more than 80% of area median
income
Conditions for Conveyance:
1. Site Plan – Submit proof of site plan approval; and
2. Building Permit – Submit proof of issuance of a building permit authorizing
at least two dwelling units, and
; and
WHEREAS, a public hearing notice was published in the June 30, 2018 edition of the
Ithaca Journal disclosing the essential terms of the proposed sale and a public hearing
was held on July 11, 2018; and
WHEREAS, environmental review on the proposed action to convey the property at 402
S. Cayuga Street for home-ownership housing was completed on April 5, 2017; now,
therefore be it
September 5, 2018
24
RESOLVED, That the City of Ithaca Common Council hereby approves the IURA-
proposed sales agreement of property located at 402 S. Cayuga Street to Ithaca
Neighborhood Housing Services, Inc. for the purpose of developing at least two
affordable for-sale housing units.
Discussion followed on the floor regarding the cost of the property, how the sales price
was determined, and the number of town homes that are being planned. Alderperson
Murtagh explained that the City obtained the property at no cost and the sales price was
negotiated between the Ithaca Urban Renewal Agency (IURA) and Ithaca
Neighborhood Housing Services. Four town homes will be built and at least 2 of the
units will be affordable housing.
A vote on the Resolution resulted as follows:
Carried Unanimously (9-0)
10.2 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Make Minor Corrections to the Waterfront Zoning Districts
This item was withdrawn from the agenda.
10.3 Approval for Inter-City Busses to Operate Transit Services on Green
Street/NYS Route 79 – Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, Section 346-31 of the City Code states that no bus shall operate, stop on or
stand on any City street, nor shall such bus pick up or discharge passengers on any
such City street or curb, or any other public property, or within 200 feet of any City bus
stop in the corporate limits of the City of Ithaca, unless a permit is obtained from the
Common Council or its designee; and
WHEREAS, the existing West End Bus Station is closing, and the City wishes to make
accommodations on the south side of the 100 block of East Green Street/NYS Route 79
for the intercity bus companies to include Shortline/Coach USA, NY Trailways, and
Greyhound to operate transit services; and
WHEREAS, currently TCAT uses the majority of space on the south side of the 100
block of East Green Street/NYS Route 79 as one of two main points for passenger pick
up and drop off; and
WHEREAS, Common Council has previously approved Big Red Bullet’s use of the
south curb line of East Green Street, immediately east of the pedestrian signal for its
passenger drop off and pick up; and
WHEREAS, the intercity bus companies are working with TCAT and the City to analyze
the feasibility of a shared and coordinated use of the space; and
WHEREAS, due to the limited time that the city and the bus carriers have to find a
solution to this issue, it is important that Common Council act, expeditiously in
approving the carriers use of Green Street; now, therefor be it
RESOLVED, That the Common Council approve the use of East Green Street/NYS
Route 79 for intercity bus companies to include Shortline/Coach USA, NY Trailways,
and Greyhound to operate transit services provided issues of coordination with TCAT,
Tompkins County Public Library, and a ticket vendor can be successfully resolved; and,
be it further
RESOLVED, That this agreement will be reviewed by Common Council following a six-
month period for any necessary revisions; and, be it further
RESOLVED, That Common Council directs City staff to explore alternative options in
the event that Green Street/ Rout 79E logistics cannot be satisfactorily resolved.
Discussion followed on the floor regarding a potential ticket vendor, the concerns of a
local taxi company regarding the use of the space in front of the Tompkins County
September 5, 2018
25
Mental Health building, and the relocation of temporary parking spaces from the front of
the Tompkins County Public Library to Cayuga Street.
Mayor Myrick noted that the folks at Tompkins County Mental Health do not feel that
this change will create many issues for them, and the Public Library staff has indicated
that they may be willing to relocate the library material drop boxes to a different location
for the convenience of patrons who will now need to park on Cayuga Street.
Public Library staff stated that they currently work with TCAT regarding the outdoor bus
waiting spaces and noted that they even provide some outside programming. They
would like the opportunity to accept feedback from library patrons on this proposal and
offered to report back to Common Council. Library staff noted that they are not
interested in an increased level of inappropriate behavior from people using the bus
stops and noted that the use of the library as a waiting room and the use of the library’s
restrooms affect library patrons. The Library currently has private security and may
require more with an increase of people using the area. Suggestions were made about
lighting improvements and the addition of security cameras for the future.
Mayor Myrick commented that the Library staff have been very civic minded in this
initiative. He noted that there are many benefits to this solution; however, there are also
challenges related to the loading/unloading of buses. He stressed that this would be a
fluid process that could be adjusted as needed.
Alderperson Brock noted that the Big Red Bullet stops twice a day and Our Bus stops
once a day using space the in front of Urban Outfitters. She asked how the current
system was working and how this would impact people picking up and dropping off
people for the bus. Mayor Myrick responded that some of that traffic would go to
parking garage; some would use the paid on-street parking; and others would utilize the
loading zones.
Alderperson Lewis voiced her appreciation for the level of coordination between the
County, City, TCAT, and the intercity bus carriers. She noted that discussions about
potential lighting improvements are already underway and there may be additional
opportunities with the Green Garage developer.
Further discussion followed on the floor regarding the potential impact on the cross
streets, vehicle idling laws and the potential impact of idling buses on the nearby
housing units and the library. A Friendly Amendment was suggested to the Second
Resolved Clause that would state that the agreement will be reviewed by “Common
Council” after a 6-month period. No Common Council member objected.
Alderperson Gearhart asked if there was an alternate plan in case this one does not
work and questioned who would be managing the bus schedule for these spaces.
Mayor Myrick noted that there is additional staging room for buses in front of the
Sunoco Gas Station and in front of the Mental Health Building, should buses have a
longer wait.
A vote on the Resolution resulted as follows:
Carried Unanimously (9-0)
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
Alderperson Murtagh - Redevelopment of the Former Immaculate Conception
School Site – Community Benefits (substitute resolution)
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, a Request for Proposal (RFP) for Development for the Immaculate
Conception School Property in Ithaca, NY (Property) was recently issued with an
October 5, 2018 submission deadline, and
WHEREAS, the 2.29 acre Property includes an approximately 9, 000 SF gymnasium,
and
September 5, 2018
26
WHEREAS, the Health and Wellness chapter of the City's comprehensive Plan, Plan
Ithaca, recommends creation of more programming and community space for youth
(Recommendation 5G), and
WHEREAS, the 2018 City of Ithaca Parks and Recreational Master Plan contains a
recreational facility level of service analysis that identifies a need for more public indoor
recreation space/gymnasium facility space (Figure 27, p.33), and
WHEREAS, there is an acute shortage of affordable housing in the City of Ithaca as
evidenced by the fact that 35% of renter households pay over 50% of their income for
housing, and
WHEREAS, the RFP contemplates that a purchaser may seek flexibility from the
existing R-2b zoning of the Property and seek approval for a Planned Unit Development
(PUD), and
WHEREAS, establishment of a PUD requires Common Council approval after
considering the following criteria, among others:
- Does the project further the health and welfare of the community?
- Is the project in accordance with the City Comprehensive Plan?
- Does the project create at least one long-term significant community benefit?
now; therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby declares that
making the existing or new gymnasium, along with support facilities, at the former
Immaculate Conception School property, available for use for youth recreational
programming could constitute a long-term significant community benefit for any PUD
proposal seeking zoning flexibility for this property, and, be it further
RESOLVED, That inclusion of affordable housing in any PUD proposal could constitute
an additional long-term significant community benefit.
Alderperson Murtagh explained that GIAC has identified the need for additional facility
space as their programs continue to grow. The recently adopted Parks Master Plan
highlights the fact that the City is looking for additional indoor recreational space
downtown. An RFP for the sale of the property has been released and the property
owners will be soliciting bids. He noted that there is a possibility that this could be a
Planned Unit Development in the future and this is a good opportunity for Common
Council to start a conversation about what could be considered a community benefit.
Alderperson Brock suggested a Friendly Amendment to add the words “or new” to the
first Resolved clause so it would read “existing or new gymnasium”. No Council
member objected.
A vote on the Resolution resulted as follows:
Carried Unanimously (9-0)
NEW BUSINESS:
12.1 An Amendment to Increase the Volunteer Fire Fighter Relief Fund Allowance
City Attorney Lavine explained that this action would require amending the City Charter
which can only be done through the passage of a Local Law. New York State has
requirements regarding the consideration of a Local Law, so this issue cannot be
considered this evening. He recommended that a draft Local Law be placed on the
September City Administration Committee agenda, and then the Local Law could be
considered by Common Council in October. He noted that there are some legalities
involved with this topic that need to be worked out.
Alderperson McGonigal noted that he is looking to increase the Volunteer Fire Fighter
Relief Allowance from $200 to $1,000, noting that this figure has not been adjusted in
many years. He further noted that these funds need to be placed in an account that is
easily accessible. He will seek to put this issue forward for consideration as quickly as
possible.
September 5, 2018
27
MAYOR’S APPOINTMENTS:
14.1 Appointment of Chair to the Public Safety and Information Commission –
Resolution
By Alderperson Lewis: Seconded by Alderperson Smith
RESOLVED, That Ayreal Jackson be appointed Chair of the Public Safety and
Information Commission, and, be it further
Ithaca Landmarks Preservation Commission
RESOLVED, That Avi Smith be appointed to the Ithaca Landmarks Preservation
Commission to replace Jennifer Miner with a term to expire December 31, 2020; and,
be it further
RESOLVED, That Ed Finnegan and Caitlin Olsen be reappointed to the Ithaca
Landmarks Preservation Commission with terms to expire December 31, 2020.
Carried Unanimously (9-0)
MINUTES FROM PREVIOUS MEETINGS:
Approval of the July 5, 2018 Common Council Meeting Minutes - Resolution
By Alderperson McGonigal: Seconded by Alderperson Smith
RESOLVED, That the minutes of the July 5, 2018 Common Council meeting minutes be
approved as published.
Carried Unanimously (9-0)
ADJOURNMENT:
On a motion the meeting adjourned at 8:10 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor