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HomeMy WebLinkAboutMN-PLED-2016-01-13 Approved at the February 10, 2016 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, January 13, 2016 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Ducson Nguyen, Cynthia Brock, and Josephine Martell Committee Members Absent: None Other Elected Officials Attending: Mayor Svante Myrick and Alderperson George McGonigal Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Kathy Servoss, Public Works; Jennifer Kusznir, Senior Planner; Nels Bohn, Director, IURA; Ari Lavine, City Attorney; Debbie Grunder, Executive Assistant Others Attending: None Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review There were no changes made to the agenda. 2) Public Comment and Response from Committee Members Martha Robertson, 1655 Ellis Hollow Road, Dryden. She serves on the county’s economic development committee. She spoke regarding the CIITAP program, more specific the child care incentive. There is a very large gap of affordable child care and its availability. Stacey Black, 329 East Cortland Street, Groton, served on the CIITAP review committee. Let’s support local labor. Sue Kittel, Vice Chair, Workforce Diversity Committee along with Eloise Barrett and Schelley Michell-Nunn also on this committee. She spoke of the letter included in the Approved at the February 10, 2016 PEDC Meeting meeting packet. This committee would like to address the diversity issues the community faces. Sue Dale Hall, 217 Northview West, spoke of the child care CIITAP recommended inclusion in the new CIITAPP application. ???? (no card completed) stated she is concerned about the cost of living in Ithaca and how it is continuing to rise. She feels that the criteria of the CIITAP application should have to be held to the different eligibility criteria based on the size of their project. Alderperson Brock thanked those who spoke. 3) Announcements, Updates, and Reports The State of the City stated the inclusionary zoning which will come to this committee in February. JoAnn Cornish announced the MLK breakfast will be held on Saturday, January 16, 2016 at the Beverly J. Martin Gymnasium. Alderperson Brock stated the information from Addisu Gebre regarding the Cascadilla Creekway Project is currently tied to DOT funds, but if it isn’t, the City would have a better way of doing this. The Board of Public Works is asking for input on selecting an alternative to pursue related to the railing along the creek. Comments are due by January 31, 2016. 4) Action Items (Voting to Send onto Council) a) Changes to Commons Ordinance Kathy Servoss, Executive Assistant, Superintendent of Public Works and chair of the Commons Advisory Board provided the Committee with the proposed changes to the Common Ordinance. She thanked Cynthia Brock for her recommendations which she incorporated them in the new draft. She discussed the four most important changes to the ordinance. Moved by Alderperson Brock; seconded by Alderperson Kerslick. Passed unanimously. JoAnn Cornish asked for a clarification on page 5. Page 5 lists the permits allowed and then later in the ordinance they are further explained. Questions regarding the maintenance and snow removal being crossed out. Servoss stated that area was crossed out since we are in the process of updating it. Approved at the February 10, 2016 PEDC Meeting Alderperson Kerslick asked where people would look for updates to this ordinance. He made a friendly amendment with all the changes identified. Approved at the February 10, 2016 PEDC Meeting ORDINANCE NO. 2015-04 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 157 of the City of Ithaca Municipal Code entitled “Commons” be amended as follows: Section 1. Chapter 157 of the City of Ithaca Municipal Code shall hereby be repealed and replaced with the following: Article I. General Provisions; Commons Advisory Board § 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. § 157-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: COMMONS ADVISORY BOARD That board, duly appointed by the Mayor, with approval of the Common Council, charged with various activities and/or powers relating to the Ithaca Commons by the Common Council. 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. B. Unless otherwise stated, "Ithaca Commons" or "Commons" shall mean both the Primary Commons and the Secondary Commons as described above. Approved at the February 10, 2016 PEDC Meeting 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. § 157-4. Creation of Board; responsibilities. A. There shall be a Commons Advisory Board as follows: (1) Membership. The membership of the Commons Advisory Board shall consist of ten total members including: one representative from the Common Council, and six members appointed by the Mayor with the approval of Common Council. Membership shall be balanced between members inside and outside of the Downtown Ithaca Business Improvement District. The Executive Director of the Downtown Ithaca Alliance, the City Clerk, and the Superintendent of Public Works or their designees shall serve as voting members. Board members will serve staggered two-year terms. (2) Officers. The Commons Advisory Board will have two officers: a Chair and Vice Chair, to be elected at the first regular meeting of each calendar year at which there is a quorum present. Approved at the February 10, 2016 PEDC Meeting Nominations for these offices will be made from the floor with election by a majority of those members present at the meeting. (3) Officers' duties. The Chair will preside at meetings and have such other appropriate duties as may be assigned by the Board. The Vice Chair shall assist the Chair and preside at meetings in the Chair's absence. If both the Chair and Vice Chair are absent, an acting Chair will be selected by the Board. (4) Quorum. A quorum will consist of six members. (5) Action. Action may be taken by vote with a quorum of six members present at a regular or special meeting. The Chair will be a voting member on all actions. Actions shall pass by vote of a majority of members present. (6) Meetings. Regular public meetings will be held with the place and time to be determined by the Board. Special meetings may be called at any time by the Chair or a majority of Board members. Members will be notified of scheduled meetings through electronic notification at least three days in advance. (7) Review of Ithaca Commons rules. The provisions of this chapter will be reviewed periodically and a report thereof, including recommendations for modification, submitted to the Mayor and Council. B. The Commons Advisory Board shall have the following responsibilities: (1) Direct. The Commons Advisory Board shall have direct responsibility and the ability to delegate and revoke activities relating to the matters listed below: (a) Use of the Commons; issuance of permits. [1] Use of the Commons for, and scheduling of, any of the following purposes: [a] Entertainment. [b] Cultural, social, civic, religious, and educational events. [c] Commercial sale of goods or products, solicitation, outdoor dining and use of mobile vending carts. [2] In circumstances when there is not adequate time to convene the Advisory Board to review a permit request, the Chair may, with the concurrence of five additional Board members through electronic notification, authorize the issuance of a permit. The Board may authorize the Chair alone, or the Superintendent, to approve certain types of permits as specified. (b) Type, size and placement of private advertising and identification signs on the Commons in accordance with Chapter 272, Signs, provided that such review and approval or disapproval shall not be required when the private advertising and/or identification sign is in connection with a marquee, canopy or sunscreen when the permission for the marquee, canopy or sunscreen has been granted by the Planning and Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170, Encroachments. Approved at the February 10, 2016 PEDC Meeting (c) Design and placement of public identification, informational and directional signs and graphics on the Commons. (d) Design and placement of, and materials used in, street furniture, such as benches, outside dining facilities, trash containers, flags, kiosks, playground equipment, commemorative plaques, and similar items used on public property on the Commons. (e) Design, placement and use of decorations on the Commons. (f) Installation or use of public or private sound amplification and transmission systems or equipment on the Commons. (g) Other duties and responsibilities as may be assigned by the Mayor or Common Council and to make such other recommendations to the Mayor and Council and other public boards, officials, groups, or individuals as may be appropriate relative to the operation and administration of the Commons. (2) Indirect. The Commons Advisory Board will review and advise on those matters listed below: (a) Type, placement and amount of landscaping on the Commons. (b) Public lighting on the Commons. (c) Public and private construction, renovation and rehabilitation of building facades and open spaces (parking areas, entries, etc.) except for the installation of a standard awning or a standard canopy and demolition on the Commons. Review shall be in terms of aesthetic character, visual effect and operational impact, provided that such review and advice shall not be required when the construction, renovation and rehabilitation applies to a marquee, canopy or sunscreen where the approval for such marquee, canopy or sunscreen has been granted by the Planning and Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170, Encroachments. (d) Public maintenance and repair on the Commons. (e) Traffic movement, parking and delivery methods around the Primary and Secondary Commons. (f) General maintenance of order on the Commons. (g) Placement, size, and type of public artwork, in any form, on and around the Primary and Secondary Commons. 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 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 Commons Advisory Board include: Approved at the February 10, 2016 PEDC Meeting (1) Commons use permits, including pavilion reservations, event permits, information table permits, and driving 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. B. Permit issuance. (1) All requests for permits must be submitted to the Superintendent of Public Work’s office. The Superintendent, or his/her designee, may ask for additional information, and/or request a personal appearance before the Commons Advisory Board to present the details of a permit application. (2) Review of permit requests shall include scheduling of 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 or his/her designee for a specific activity, specific date, specific time period, and specific location on the Commons. (3) The Commons Advisory Board shall serve as an appeals board for people whose permit applications have been denied or who feel that unreasonable restrictions have been placed upon their permit. (4) When a request is approved or conditionally approved by the Board, the issuance of a permit will be authorized subject to any conditions which have been imposed by the Board or which may be required by the City. Permits will be issued by the Superintendent or his/her designee. The applicant will be notified of the Board'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, his/her designee, or the Commons Advisory Board 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 Board, the applicant will be informed of the reasons therefore in writing within five business days of the decision. (7) The Superintendent will be responsible for notifying appropriate City staff of permit issuance. Approved at the February 10, 2016 PEDC Meeting (8) A record of all Board actions will be maintained pursuant to applicable laws. C. Report of permit activity. A report on requests for permits and approved activities scheduled will be made at the regular meeting of the Commons Advisory Board. § 157-6. Responsibilities of permit holder. A. The responsibilities of the permit holder shall be: (1) To supervise all materials, displays, products, equipment, and volunteers. (2) To entirely remove or properly dispose of all material and equipment used in any acti vity 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 § 157-18A. Maintenance Guidelines (3) To remove and properly dispose of all litter and trash created by the activity, use, or event. (4) To 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) To 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) To comply with all of the applicable conditions and guidelines as set forth by the Commons Advisory Board and the City of Ithaca. (7) To provide a security deposit, when required by the Superintendent of Public Works, or the Commons Advisory Board, to cover anticipated cleaning and repair costs. (8) To 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, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight. § 157-7. 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 §157-8. These regulations do not pertain to Special Events that are regulated under §132-7 of the City of Ithaca Municipal Code. Approved at the February 10, 2016 PEDC Meeting (3) Requests for multiple permitted events (3 or more) in a calendar year by a single user, requires approval by the Commons Advisory Board. Requests for weekly recurring events will be considered by the Commons Advisory Board for Mondays, Tuesdays, and Wednesdays. (4) Rain dates will not be scheduled at the time the original permit is issued but in case of rain, 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 and/or Commons Advisory Board. (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 in his/her custody to climb upon any structure, on the Commons (other than a designated play structure). This includes, but is not limited public art pieces, light poles, trees, fountain, or planters. (10) No items or animals shall be leashed, 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. (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. (12) Aggressive solicitation is prohibited pursuant to Chapter 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 Commons Advisory Board. (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 are 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. Approved at the February 10, 2016 PEDC Meeting (2) For the Primary Commons, freestanding signs may be up to 48 inches tall. Signs may not extend beyond the building face or extend 7 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. Displays may not extend beyond the building face or extend beyond 7 feet from the building front. 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 § 157-18A. Maintenance Guidelines (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 § 157-18A. Maintenance Guidelines (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 §157-18A. Maintenance Guidelines (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. (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. § 157-8. Amplified sound, lights and other electrical equipment. Approved at the February 10, 2016 PEDC Meeting A. Except by special permit issued by the Commons Advisory Board or its 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 Commons Advisory Board or its 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. to 2:00 p.m. Monday - Friday; and 5:00 p.m. to 9:00 p.m. Sunday – 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. Approval of a noise permit by the Commons Advisory Board or its designee is required. Sound levels are subject to immediate volume reduction upon request by any City official, staff member of the Downtown Ithaca Alliance, or member of the Commons Advisory Board. 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 Commons Advisory Board so as to minimize nuisance or hazard conditions. § 157-9. Vehicles on the Commons. A. Only service and business delivery vehicles are allowed on the Primary Commons between the hours of 6:00 am and 9:00 a.m. each day of the week except on days when major festivals are planned. A valid pay and display ticket shall be visible on the dash of each vehicle. 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 5 minutes. No parking of vehicles is allowed. Any vehicles remaining on the Primary Commons after 9:00 a.m. 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. Permits will only be issued for a two hour time period. 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. 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. Approved at the February 10, 2016 PEDC Meeting 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 §157-18A. Maintenance Guidelines 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. § 157-10. Bicycles and other wheeled devices. A. Riding of bicycles, 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 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. § 157-11. Alcoholic beverages. Approved at the February 10, 2016 PEDC Meeting No alcoholic beverages may be sold or consumed on the Commons except by special p ermit 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 $1,000,000.00. Insurance certificates must name the City of Ithaca as an “Additional Insured” for the duration of the event. § 157-12. 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 §157-5(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 i n carriers. 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 Commons Advisory Board. 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 Commons Advisory Board 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. §157-13. Posting of bills and notices. Approved at the February 10, 2016 PEDC Meeting A. Posting of bills or notices or the attachment of any unauthorized devices to any public structures of the Commons is prohibited. §157-14. Newsracks. The Downtown Ithaca Alliance shall administer the placement of newsracks on the Commons. Requests to use the newsracks will be considered in accordance with the policy approved by the Commons Advisory Board. §157-15. Refuse. 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 Prim ary Commons. Only authorized users with key access will be permitted to use the disposal facility. Users will need to place trash in authorized bags. 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 §157-18A. Maintenance Guidelines. Fines will be imposed for users who abandon unaccepted items or who dispose of trash without using an authorized bag. §157-16. 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. §157-17. Property damage. Unauthorized cutting, mutilating, removing or taking away of any trees, shrubs or flowers or the defacing or damaging of property is prohibited unless expressly authorized by the Superintendent of Public Works. §157-18. 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 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. §157-19. Fees. Permit and use fees will be established by the Commons Advisory Board in consultation with the Board of Public Works. Fees may be waived or reduced by the Commons Advisory Board if deemed in the best interest of the community. All fees shall be paid at the time the permit is issued. Approved at the February 10, 2016 PEDC Meeting §157-20. Street Performers 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 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. The Commons Advisory Board reserves the right to designate specific areas for street performers. The use of amplified sound or fire during a performance is only allowed by permit from the Commons Advisory Board. Loud natured acoustical instruments such as horns, drums and other percussion instruments require a noise permit from the Commons Advisory Board. 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, Downtown Ithaca Alliance staff, or a member of the Commons Advisory Board. Performers may accept voluntary donations but shall not base their performance upon payment or aggressively solicit contributions. 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. At the conclusion of a performance, the performer is responsible for removing any debris, trash, or litter associated with the performance or audience. Article III. Outdoor Dining §157-21. Applications; rules of operation; permits; appeals. A. The Superintendent or his/her designee 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 $1,000,000.00; it must also name the City of Ithaca as an “Additional Insured”. (2) Proof of worker's compensation 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 $1,000,000.00. 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. Approved at the February 10, 2016 PEDC Meeting 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 7 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. (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. (8) Any permittee who violates §157-21 B (6) regarding the placement of outdoor dining furniture and fixtures shall receive a written warning for the first violation. 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 $1,000 fine, the permittee may agree to a temporary permit revocation of seven consecutive days within the month the violation is served. (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 §157-18A. Maintenance Guidelines (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 Approved at the February 10, 2016 PEDC Meeting applicant shall have a right to a hearing in front of the Commons Advisory Board on the proposed revocation or suspension. (13) The Commons Advisory Board shall have the right to terminate or re-instate 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, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, 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 Commons Advisory Board. Such appeal shall be submitted in writing to the Superintendent's office within 10 days from the date of denial. The Commons Advisory Board may act to sustain the original decision or to revise it, with or without conditions. Article IV. Mobile Vending §157-22 Mobile Vending Cart Regulations: A. Types of vendors on the Commons: (1) Food/beverage (non-alcohol only)/merchandise. Vendors selling food/beverages need to check with the Tompkins County Health Department regarding their regulations. (2) Non-food/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. 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 six and one-half 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 devise 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. Approved at the February 10, 2016 PEDC Meeting (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 6” 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 Commons Advisory Board. Lighting not approved by the Commons Advisory Board 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 grill 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 their location. Vendors must use the guidelines for stain removal established by the Department of Public Works. See also §157-18A. Maintenance Guidelines (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 free-standing tables. Built in, folding-down tables attached to the actual vendor cart are acceptable, provided they have been approved by the Commons Advisory Board. (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. §157-23. Mobile Vending Locations. The Commons Advisory Board 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. §157-24. 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 9:00 a.m. Vendors Approved at the February 10, 2016 PEDC Meeting who wish to operate outside regular hours must obtain permission from the Commons Advisory Board. §157-25. 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 Commons Advisory Board 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 or his/her designee. 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” (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. (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 $1,000,000.00. It must also name the City of Ithaca as an “Additional Insured”. (7) Proof of New York State Worker's Compensation and Disability insurance; or New York State Worker's Compensation and Disability exemption certificate completed. (8) Applicant 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, 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. Approved at the February 10, 2016 PEDC Meeting 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 their 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 §157-18A. Maintenance Guidelines. 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-serve basis. §157-26. 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. (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, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight. §157-27. 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. Approved at the February 10, 2016 PEDC Meeting C. Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission is granted by the Commons Advisory Board. 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 or the Commons Advisory Board. 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 §157-18A. Maintenance Guidelines 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 re-assigned, 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. §157-28. 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 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 t he Commons Advisory Board no sooner than ten (10) days after requesting such a hearing, in writing. Grounds for termination include, but are not limited to: Approved at the February 10, 2016 PEDC Meeting (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 Commons Advisory Board 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. §157-29. Ithaca Festival and other 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. §157-30. 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, shall be required to abide by all regulations except those concerning fees. §157-31. 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 Commons Advisory Board. Such appeal shall be submitted in writing to the Superintendent's office within ten (10) days from the date of denial. The Commons Advisory Board may act to sustain the original decision or to revise it, with or without conditions. Article V. Exceptions; Penalties § 157-32. Limited waivers and exceptions. The Commons Advisory Board is authorized to grant limited waivers and exceptions to the provisions of this chapter, as 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 Superintendent of Public Works or his/her designee, the Fire Department or the Police Department. §157-33. Applicability of other ordinances. Approved at the February 10, 2016 PEDC Meeting Except as otherwise provided in this chapter, all existing ordinances of the City of Ithaca shall apply to the Ithaca Commons. §157-34. 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 2. Severability. 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 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Approved at the February 10, 2016 PEDC Meeting b) Changes to Exterior Property Maintenance Ordinance If you’ve signed up for the email notification service, you will receive a notice of the violation. You get a 24 hour time frame to correct it. Mike Niechwiadowicz was asked whether different types of violations receive another 24 hour notice. He would like to see it for each type of violation, not the violation. The cumulative violations will be tracked separately. It was the agreement of the committee the violations will be handled by type of violation. Alderperson Brock moved the ordinance with the suggested amendments she read for the group; seconded by Alderperson Nguyen. She also included a second whereas and corrected the word ‘sight’ to ‘site’ under amendments to Section 178-3. It was also suggested that the garbage can lid violation be reduced from $20 to $10. Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed unanimously. ORDINANCE __-2016 An Ordinance Revising Chapter 178 of the City of Ithaca Municipal Code WHEREAS, Chapter 178 of the City of Ithaca Municipal Code establishes Exterior Property Maintenance requirements for properties throughout the City, and; WHEREAS, THE City of Ithaca recognizes and affirms that clear and accessible sidewalks are a priority for the City as a matter of protecting our citizen’s civil rights to effectively use the sidewalk and pedestrian infrastructure with the City, and; WHEREAS, the Common Council desires to adjust the schedule of civil penalties applicable to violations of this chapter, along with certain time periods by which some violations are defined, and; WHEREAS, the Rental Housing Advisory Commission has proposed recommendations to Common Council to lower the civil penalties and address the issue of lids missing from garbage containers; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that the public will be better served by a lower schedule of civil penalties applicable to violations of this chapter, including taking account of the minor nature of violations comprised only of lids missing from garbage containers. Approved at the February 10, 2016 PEDC Meeting Section 2. Amendments to Section 178-3. Paragraphs A and B of Section 178-3 shall be amended as follows: A. All grounds on the exterior of the premise and all porch areas are kept free from solid waste and any litter that has been cast, blown, thrown, put, placed, or accidentally dropped on the grounds, bushes, or in trees, and allowed to remain on the grounds, bush es, or in trees for 4824 hours, is removed. B. All garbage, when stored outside, or when stored in a porch area, is completely contained in nonabsorbent, watertight, durable containers having a tight -fitting lid in place. Plastic bags are not considered durable containers. Strong, waterproof plastic bags may be used to place garbage at the curbside on the evening before scheduled collections or may be taken to an approved refuse disposal sight site. Garbage containers, whether they contain garbage or not, sha ll have a tight- fitting lid in place at all times. Tight-fitting lids shall be placed back on all garbage containers as soon as possible after garbage collection and, in any event, on the same day as collection. Any garbage remaining after scheduled pickup must be removed from curbside as soon as possible after garbage collection and, in any event, on the same day as collection. Garbage containers shall not be stored in front yards or any other yards that have frontage on a public street unless all yards on the property have frontage on public streets. Prohibited storage areas include the area between the sidewalk and curb. Composting materials, so long as they are maintained as defined by this section, shall not be considered garbage. It is presumed that th e contents of any garbage bag or plastic bag or garbage can is garbage. For purposes of this paragraph, “stored” shall mean located in a general vicinity for at least 24 hours. Section 3. Amendments to Section 178-10. Subparagraphs A(1) and A(2) of Section 178-10 shall be amended as follows: A(1). Any property owner and/or agent who violates any provision of this chapter or of § 325-29.3, except those provisions specified in Subsection A (2) below, shall be liable for a civil penalty of $10 for the first violation at a property within a six-month period, $50 for a second violation at the same property within a six -month period, $200 for a third violation at the same property within a six-month period, and $100$300 for a third fourth or subsequent violation at the same property within a six-month period. For any fine not paid within six months of the date of the offense, there shall be a late penalty in the amount of 20% of the fine added to the amount due, such late penalty waivable for good cause shown. A(2). Any property owner and/or agent who violates any provision of § 178-3 (B) solely insofar as to fail to have a tight-fitting lid in place on garbage containers E, G, I or J, or any of the provisions in § 178-3F regarding grass, weeds, brush, plantings, or obstruction of views, shall be liable for a civil penalty of $10 $20$40 for the first violation at a property within a twelve-month period, $60 for a second violation at the same property within a twelve -month period, and $100 for a third or subsequent for each such violation. Any property owner and /or agent who violates §178-3(G). (I) or (J) regarding obstruction and /or safety of walkways shall be liable for a civil penalty for $40 for the first violation at a property within a twelve-month period, $60 for a second violations at the same property within a twelve -month period, and $100 for a third or subsequent violation at the same at the same property within a twelve-month period. Section 4. Severability. 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 5. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. Formatted: Strikethrough Approved at the February 10, 2016 PEDC Meeting c) Discontinuance of portions of Lake Avenue and Adams Street Proposed Resolution Concurring with the Board of Public Work’s Determination to Discontinue the Northern Portion of Lake Avenue and Eastern Portion of Adams Street Moved by Alderperson Kerslick; seconded by Alderperson Martell. Passed unanimously. WHEREAS, presently before Common Council is the Board of Public Works’ January 11, 2016 resolution to discontinue the northern section of Lake Avenue and eastern section of Adams Street, which the Board referred to Common Council for direction and review of the discontinuance, and WHEREAS, the proposed discontinuance involves portions of Lake Avenue and Adams Street, which collectively are referred to as the “Street Parcels” and are more particularly described as follows: That portion of Lake Avenue commencing at the western corner of Lake Avenue and Hancock Street, running northeast approximately 37 feet, then 393 feet to the northwest to meet the eastern corner of Lake Ave and Adams Street, then 173 feet to the southwest to meet the eastern curb face line of Alice Miller Way, then southeast approximately 73 feet, then northeast approximately 167.5 feet, and then southeast approximately 327 feet to the beginning, and WHEREAS, the portions of the above-described streets to be discontinued are depicted on the survey map titled “No. 210 Hancock Street and No. 423 First Street”, prepared by Darrin A. Brock, L.S. of T.G. Miller P.C. on August 12, 2015, which is hereby incorporated by reference, and WHEREAS, upon the discontinuance of the above-described Street Parcels, they will be used for green space, pedestrian and bicycle space, and a playground, which shall be open and accessible to the public, in accordance with the approved Site Plan dated August 25, 2015 and the Agreement executed between Ithaca Neighborhood Housing Services (INHS) and the City on September 4, 2015, and WHEREAS, New York’s General City Law, Section 20(7), grants to cities the authority “to lay out, establish, construct, maintain, operate, alter and discontinue streets;” and WHEREAS, City Charter Section C-71 grants the Board of Public Works the authority to “lay out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the streets, highways, bridges and crosswalks,” and Charter Section C-61 provides that the Board shall “have control” of the City department pertaining to “Streets and Approved at the February 10, 2016 PEDC Meeting Sidewalks” and its property, albeit “subject to the limitations herein contained and the direction and review of the Common Council,” and WHEREAS, to the extent that the Planning and Development Board of the City is required to have an opportunity to comment upon the proposed discontinuance of a City street, such opportunity was provided in this case, and such comments were provided in a memorandum dated November 30, 2015 supporting the proposed discontinuance; and WHEREAS, the public hearing required to be conducted before a street is discontinued was conducted on November 9, 2015, at which hearing no comments were made by members of the public; and WHEREAS, environmental review of the proposed discontinuance has been completed by Board of Public Works acting as lead agency for purposes of specifically assessing the environmental impact of the discontinuance on the Street Parcels, in which the Board reviewed the Planning Board’s Full Environmental Assessment Form dated May 4, 2015 and the Planning Board’s SEQR record, and on November 9, 2015 independently adopted the findings contained in the May 26, 2015 negative declaration of environmental significance issued by the Planning Board; and WHEREAS, at its meeting of January 11, 2016, the Board of Public Works, upon due consideration of the impacts of discontinuance of the Street Parcels on the immediate community and the City as a whole and pursuant to the authority vested in it by the Charter of the City of Ithaca, voted to discontinue the Street Parcels as City streets; now therefore be it RESOLVED, that the Common Council hereby concurs with the determinations of the Board of Public Works in its January 11, 2016 resolution, namely: 7) That discontinuance of the Street Parcels will not negatively impact the immediate surrounding community or the City. 8) That the Board appropriately found that the Street Parcels were “useless” as City streets, as that term is defined in State law; and 9) That the proposed discontinuance, and the corresponding agreement executed with INHS, will result in the beneficial development of a landscaped pedestrian and bike way along Cascadilla Creek and playground accessible to the public, installed without cost to taxpayers, and will lessen the workload for the Department of Public Works as a result of INHS’ commitment to maintain the discontinued Street Parcels and avoiding the need to reconstruct or repair either portion of the discontinued Street Parcels; and be it further RESOLVED, that upon Common Council’s authority under Charter Section C-61 to direct and review the Board of Public Work’s discontinuance of any City street, Common Council concurs in, and does not object to, the Board’s determination to discontinue; and be it further RESOLVED, that Common Council opts at this time not to establish an official City map, and thus waives its jurisdiction to amend the same pursuant to General City Law 29. The City will continue to maintain these streets. d) Changes to Taxicab Ordinance Moved by Alderperson Brock; seconded by Alderperson Kerslick. Passed unanimously. Alderperson Brock asked whether there is any repercussion if a taxi cab refuses to pick up a fare. ORDINANCE NO. 2015- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. The following sections of Chapter 232 of the City of Ithaca Municipal Code entitled “Licensing of Businesses and Occupations”, Article VI entitled “Taxicabs” are hereby amended to read as follows: § 232-57. Taxicab Driver's license required; qualifications. No person shall operate or drive a taxicab without having in force and effect a taxicab driver's license in accordance with the provisions of this article. No person shall be issued a taxicab driver's license unless such person: A. Has a valid New York State chauffeur's license. B. Is over the age of 18 years. C. Is of sound mind and body, with good eyesight and not subject to any infirmity of mind or body which renders the applicant incapable or unfit to safely operate a taxicab. Each applicant shall produce a physician's medical certificate signed by a licensed physician, physician's assistant, or nurse practitioner dated not more than 30 days prior to the application certifying that the applicant is physically qualified to operate a motor vehicle. D. Is clean in dress and person and is not addicted to either intoxicating liquor or to the use of drugs. E. Meets the standards embodied in Article 23-A of the New York Correction Law if he or she has previously been convicted of one or more criminal offenses. Shall not have been convicted of a felony involving violence, dishonesty, deceit or indecency nor any sexual offense. F. Shall not have been convicted of driving with ability impaired or intoxicated due to alcohol or drugs while operating a taxicab. G. Shall not have been convicted of leaving the scene of an accident which resulted in personal injury or death for five years from the date of the last conviction. H. Shall not have been convicted, as a first offense, for any violation of driving while ability impaired or intoxicated due to alcohol or drugs for five years from the date of conviction. I. Shall not have been convicted, as a second offense, for any violation of driving while ability impaired or intoxicated due to alcohol or drugs. § 232-58. Application for taxicab driver's license; investigation and refusal. A. Contents. (1) Every applicant for a taxicab driver's license shall submit a signed and sworn application upon such forms as shall be required by the Chief of Police, showing compliance with the requirements hereinabove set forth and such other information as shall be deemed necessary and reasonable by the Chief of Police in the interest of safety, health and welfare. Such information that is required by the Chief of Police shall include but not be limited to a statement giving: (a) The full name and place of residence of the applicant. (b) The applicant's date of birth, height, color of eyes and hair and place of birth. (c) Whether or not the applicant is a citizen of the United States. (d) Places of employment for the previous five years. (e) Whether the applicant has ever been convicted of a felony or misdemeanor. (f) Whether the applicant's driver's license has ever been suspended or revoked and, if so, for what cause. (g) The chauffeur's license number issued by the state. (2) Submit a certification of physical examination to be signed by a licensed physician, physician's assistant, or nurse practitioner. (3) Such statement shall be signed and sworn to by the applicant and filed with the Chief of Police. B. False information; effect and action thereon. Any false statement by the applicant for a taxicab driver's license shall be cause for refusing the license or revoking the license after it is issued, and any such false statement shall be promptly reported by the Chief of Police to the District Attorney. C. Photographs of drivers. Each applicant for a taxicab driver's license must file with his/her application two unmounted, unretouched, good-likeness photographs of the applicant, full face size, two inches by two inches. The face portion shall not be less than 1 3/4 inches high, with the balance in normal prospective proportion. The photograph shall be taken within 30 days of the date of the application by me ans of a permanent, nonfading process. The applicant shall be hatless in the photograph. A copy of the photograph shall be filed with the application and another copy attached to the license to be issued hereunder. If the applicant does not have the means to produce such photograph, the Ithaca Police Department will make arrangements to have the photograph taken. D. Fingerprinting of drivers. The applicant shall submit to fingerprinting by the Police Department and shall furnish a set of fingerprints have fingerprints taken every three years. The criminal history report that is returned with the fingerprints shall be submitted to the Ithaca Police Department as part of accompany the application. which shall be kept on file as a permanent record. E. Authorization for investigation. Accompanying each application, the applicant shall furnish to the Chief of Police, on a form provided by the Chief of Police, a signed authorization by the applicant permitting any person to divulge and report to the Chief of Police any matter which might otherwise be confidential, without limitation except as required by law. F. Investigation. After receipt of an application, the Chief of Police shall institute an investigation of the applicant, including the applicant's driving record, and no licens e shall be issued under the provisions of this article until the Chief of Police has indicated, in writing, approval thereof after such investigation has been completed. G. Refusal of license. If the results of the investigation are unsatisfactory, in the opinion of the Chief of Police, the applicant shall be refused a license, subject to the provisions hereof for hearings. § 232-64. Taxicab licensing procedures. A. Taxicab license application. Application for taxicab licenses shall be made by the owner of each business on forms to be furnished by the Chief of Police. The completed application shall contain: (1) Owner information: the name, date of birth, address, telephone number and record of all convictions of crime, if any, of: (a) Owners. (b) Managers having immediate charge of taxicabs. (c) Beneficial holders of 25% or more of stock of corporate applicants. (2) Prior license history of owner: whether the owner has been previously licensed to operate a taxicab in the City or elsewhere and, if so, the particulars thereto. (3) Vehicle information required for each operating taxicab: the make of the motor vehicle, the year, the engine and body serial number, the state registration number, the length of time and mileage that the vehicle has been driven and the seating capacity according to its trade rating. (4) Vehicle inspection: Proof of New York State inspection made within 30 days of the license application shall be submitted by the applicant for each vehicle in operation. In addition, the Chief of Police, or his/her designee, shall inspect said vehicles to ensure that the interior and exterior of the each vehicle is maintained in a clean and sanitary condition, and that the signage requirements of this article are complied with, and reinspection of said each vehicle may be made from time to time by the Chief of Police or his/her designee. Each vehicle shall be submitted to a New York State inspection annually at least once every six months. (5) Vehicle liability insurance: proof of liability insurance in the minimum amount of $25,000 per person and $50,000 per accident for personal injuries, and $10,000 per accident for property damage. (5) Vehicle liability insurance: Proof of insurance in accordance with the minimum amounts as specified by the City, which such minimum levels shall be updated from time to time, and shall be available for review on the City's website and/or in person at the Ithaca Police Department. B. Vehicle type authorized. All taxicabs shall be of vehicle types approved by the New York State Department of Motor Vehicles for use as a taxicab. C. Investigation. After receipt of an application, the Chief of Police shall institute an investigation of the applicant, including the applicant's driving record, and no license shall be issued under the provisions of this article until the Chief of Police has indicated, in writing, approval thereof after such investigation has been completed. D. Issuance of license. (1) Upon completion of the investigation aforesaid, the Chief of Police is authorized to issue a taxicab license upon determining: (a) That there are no false statements or concealed facts in the application. (b) That all application requirements have been satisfied. (c) That each and every applicant, as specified in subsection A(1) of this section, meets the standards embodied in Article 23-A of the New York Correction Law if he or she has previously been convicted of one or more criminal offenses. (d) That there are no other grounds for refusal. In this regard, the license may be refused for any reason which, in the opinion of the Chief of Police, may be detrimental to the best interest of the general public both in welfare and safety, provided that, in the making of such determination, the Chief of Police shall set forth specific reasons for such disapproval. Such findings shall be subject to hearings as provided by this article. (2) Such license shall be for a period of 12 months from the date of issuance, unless sooner revoked. E. Renewal of taxicab license. The same procedures shall be followed as for original applications. Every person to whom an owner's license is issued shall have the right to renew said license within 30 days of the expiration date, provided that the other requirements of this article are complied with. § 232-68. Suspension or revocation of taxicab vehicle for hire business licenses. A. Grounds. A taxicab license may be revoked or suspended at any time at the discretion of the Chief of Police if the a vehicle is used for criminal business or purposes or if the licensed owner is convicted of a violation of this article. B. Surrender of taxicab license. Whenever any taxicab license is revoked, the same shall be surrendered to the Chief of Police. If a taxicab license is suspended, the same shall be surrendered to the Chief of Police and retained by him/her until the suspension period expires. C. Automatic revocation. In the event that any person to whom a taxicab license is issued has such license suspended on three occasions, such owner's license shall be revoked. [Deleted and reserved for future use.] § 232-70. Taxicab rates. A. Taxicab zones and rates. The City of Ithaca is hereby divided into zones as shown on a map and schedules entitled "Taxicab Zones and Rate Schedules, City of Ithaca," which said map and schedules, appended here with, are hereby declared to be a part of this article.[1] Schedule A therein depicts the base zone charges, for one passenger, for a trip between the designated zones. Schedule B depicts the fuel cost recovery surcharge which may be added to the applicable base zone charge, as set forth in Subsection B below. A. The rate for taxicab fares that originate and terminate within the City of I thaca between the daytime hours of 6:00 a.m. and 6:00 p.m. shall be $7.50. The rate for taxicab fares that originate and terminate within the City of Ithaca between the nighttime hours of 6:00 p.m. and 6:00 a.m. shall be $8.00. B. Except as otherwise provided in Subsection C D below, the prices that may be charged by the owners or drivers of taxicabs for the transportation of a passenger within the City shall not exceed the cumulative, applicable amounts . shown on said map and schedules, or, for additional passengers, as shown on said schedules and as set forth in Subsection C below. At least once every three years, during the month of April, the amounts shown on said map and schedules shall be reviewed by Common Council to determine if the rate schedule in force at the time remains appropriate. Taxicab rates shall be reviewed by Common Council at the request of an owner of a licensed taxicab company but not more than once every calendar year. The following notice shall be conspicuously posted in full view of passengers: "Rate maps and schedules for fares that originate in the City of Ithaca, together with the full text of the city's rate law and a copy of the most recent applicable fuel surcharge confirmation, are available upon request from the driver of this taxicab, according to City ordinance." B. C Rates for trips outside of the City of Ithaca. The taxicab rate for standard fares that originate within the City but terminate outside of the City shall be as follows: East Hill Plaza $11.00 Cayuga Medical Center $11.00 Malls/Triphammer Area $12.00 Convenient Care $15.00 Ithaca College $11.00 Tompkins County Airport $17.50 TC3 $31.00 Trumansburg $30.00 Fuel cost recovery surcharge. Effective October 1, 2006, a fuel cost recovery surcharge may be added to the base zone charge for a taxicab passenger, subject to the following. This surcharge is based on the following findings: (a) The estimated average length of a taxicab trip is 6.8 miles; (b) The estimated average gas mileage of a taxicab is 15 miles per gallon of fuel; (c) Thus, the average taxicab trip uses .45 gallons of fuel; (d)The incremental effect, on the cost of an average trip, of each ten-cent-per-gallon increase in the cost of gasoline, since the last adjustment of the base zone rates, is deemed to be an additional $0.05. (2) Based on the foregoing, a chart setting forth the applicable fuel cost recovery surcharge at each level of current gasoline prices is included in Schedule B of the aforementioned Taxicab Zones and Rates Schedules. (3) Using the chart in Schedule B, the amount of the applicable fuel surcharge shall initially be determined as of October 1, 2006, and shall be determined and adjusted as of January 1, April 1, July 1 and October 1 of each year thereafter. (4) For the quarter commencing on each such effective date, the amount of the surcharge shall be based upon the average, regular conventional retail gasoline price per gallon in New York State, as reported by the U.S. Department of Energy, Energy Information Administration (or its successor agency), for the date which is 10 days before each of the effective dates set forth immediately above. (5) The amount of the surcharge shall be confirmed, in writing, by the office of the Controller of the City of Ithaca, at least five days before each of the effective dates set forth above, which confirmation shall be made available by that time at City Hall and on the City of Ithaca’s internet website. (6) No taxicab owner or driver may charge or collect any fuel surcharge unless: (a) The surcharge sought is the surcharge amount then in ef fect; (b) The owner or driver has procured written confirmation by the office of the City Controller of the surcharge currently in effect; and (c) The owner or driver can display a copy of said confirmation to the passenger, prior to collection of the fare. C. D. Rate rules. (1) Zone line rates. When the destination of the taxicab is the dividing line between two zones, the fare for the lesser zone will be charged. Children. One child five years of age or under shall ride free if accompanied by an adult passenger. No driver shall be required to convey any child under the age of five years unaccompanied by an adult. Seniors. Passengers 65 years of age or older shall be granted a $1.50 discount. of $1.15 in regulated fares. Additional passengers. A taxicab driver may charge $01.50 fare for each additional passenger of the same party and same destination. Late night surcharges. A taxicab driver may charge an additional $0.50 per passenger for each trip commencing or terminating between 8:00 p.m. and 5:00 a.m. Baggage. No charge will be made for two suitcases, no larger than two feet by two feet by six inches in size, and one travel bag for each passenger. A charge of $1 for each oversized or additional piece of luggage under 25 pounds shall be authorized. A charge of $5 for footlockers or luggage over 25 pounds shall be authorized. Each passenger shall be allowed to carry up to five papers or 10 plastic grocery bags at no charge. A charge of $0.25 for each additional grocery bag shall be authorized. A $3.00 surcharge will be charged for oversized luggage and trunks that weigh 50 pounds or more. Skis. A charge of $2.50 per pair of skis is authorized, provided that taxicab is equipped with suitable racks. Tip solicitation. No driver shall solicit tips, gratuities or any additional charges other than those authorized by this article. However, non -solicited voluntary tipping is permitted. Out-of-own flat rates. If the taxicab is engaged for an out-of-town trip originating or terminating in the City of Ithaca, the taxicab driver shall agree with the passenger prior to the commencement of the trip for the rate to be charged, which shall include all tolls required to be paid. Prepayment. A taxicab driver shall have the right to demand payment of the legal fare in advance and may refuse employment unless so prepaid. Group rides. No taxicab driver shall carry any person other than the passenger first employing the taxicab without consent of such passenger. Exclusive rides. A passenger may request an exclusive ride through dispatch when arranging for transportation. If a passenger is not willing to share a ride with others, a $3.00 surcharge will be applied to the regular fare. Waiting time. After a person has hired a taxicab, there shall be no charge for up to five minutes during which the taxicab waits for the passenger at the passenger's request. There shall be a charge of $2.50 for each additional five minutes or any portion thereof. The taxicab driver shall inform the passenger of the charge for waiting time at the time of request. Disputed fares. In the event that there is a dispute between the taxicab driver and a passenger with respect to a fare, the taxicab driver shall submit the dispute to the desk officer in charge at police headquarters notify a police dispatcher so that a police officer can respond to help mediate the dispute. If the passenger then makes payment according to the amount determined by said police officer, the passenger shall be given a receipt by the taxicab driver of the amount paid, which shall be witnessed by the police officer. If the passenger pays under protest, such fact shall be recorded by the desk police officer, who shall make a memorandum of the dispute and the disposition made. The disposition of the dispute shall not be binding in a court. Taxicab owners shall furnish each driver with a copy of the rate rules, supplied by the City Clerk, and shall instruct their drivers to apply the rules fairly and consistently, advising them that charges must not be exceeded under any circumstances. Fuel Surcharge. In the event of an energy/gasoline crisis or when gasoline prices exceed $4.00 per gallon for a period of 30 days or longer, a fuel surcharge may be implemented by Common Council. This surcharge will be added to the base fare. § 232-72. Suspension, revocation or refusal to renew licenses; hearings. A. Reasons. The Chief of Police may suspend, cancel or revoke a taxicab drivers or taxicab license and may refuse to approve an application or a renewal thereof for any of the following reasons: (1) Violations: the applicant or licensee has not satisfied or has violated any of the provisions of this article. (2) Prior revocation or suspension: the applicant, any officer, director, stockholder or partner or any other person directly or indirectly interested in the application for a taxicab license was the former holder or was an officer, director, partner or stockholder in a corporation or a partnership which was the former holder of a taxicab license which had been revoked or suspended. (3) Unfit applicant or licensee: the Chief of Police finds the applicant or licensee not fit to be a licensee in the best interest of the public welfare and safety. (4) If the vehicle is used for criminal business or purposes, the licensee is convicted of a violation of this article, or the licensee is convicted of a criminal offense such that he or she fails to meet the standards as embodied in Article 23-A of the New York Correction Law. (5) In the event that any licensee has such license suspended on three occasions, the license shall be revoked automatically. B. Surrender of license. Whenever a license is revoked, it shall be surrendered to the Chief of Police. If a license is suspended, it shall be surrendered to the Chief of Police and retained by him/her until the suspension period expires. C. Hearing. Any taxicab driver or taxicab owner whose license has been suspended or revoked or who has had a renewal refused or any individual to whom an initial license has been refused shall be granted a hearing before the Community Police Board within 30 days after written request therefor has been made to the Chief of Police. At the hearing, such person shall have an opportunity to rebut by evidence or testimony such suspension, revocation or refusal. The Community Police Board is authorized to affirm, reverse or modify in any respect the action of the Chief of Police. Section 2. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. e) Changes to community Investment Incentive Tax Abatement Program (CIITAP) Moved by Alderperson Nguyen; seconded by Alderperson Kerslick. To add #7 to the existing CIITAP application. Passed Unanimously. Alderperson Brock recommended that a fund be set up for those involved in the program and the City to decide how much money goes to help areas in the City that need been created [figures based on a memo from Economic planner Jennifer Kusznir to the City Planning and Economic Development Committee, December 4, 2014], and with several more similar projects pending, and 10) Whereas there appear to be no metrics or goals to determine when the CIITAP program is deemed successful or when it could be eliminated but that the reasons for the policy as outlined above appear to be fully met, and 11) Whereas the trend for American downtowns to once again become a preferred living, shopping, and visiting space is already well under way in Ithaca, as stated, for example, by Jan deRoos, a hotel siting expert at Cornell’s School of Hotel Administration and former member of the City’s Board of Zoning Appeals. deRoos has concluded that downtown Ithaca is an “established destination,” stating “Building on green space doesn’t work anymore…Travelers want to be able to walk out of their hotel and have a selection of restaurants and shops right there…Ithaca is the poster child for this kind of thing,” and 12) Whereas CIITAP-based abatements may have brought more development and a larger tax base to downtown Ithaca, the projects only occasionally bring sustainability initiatives, affordable housing, and local business promotion and more and more frequently are met by strong public opposition due to the type of development, construction impediments, parking and traffic concerns, and other community impacts; now therefore be it Resolved that the Common Council should: 1. Declare that CIITAP’s original objectives have been met. 2. Recognize that a vibrant local economy is characterized not only by a strong tax base, creative events, and influx of outsider spending, but also by sustainable environmental practices and opportunities for local residents to find good-paying jobs and affordable housing. 3. Revise CIITAP’s objectives and abatement recommendations to focus specifically on development of permanently affordable rental housing and affordable or mid-range owner-occupied housing for long-term community residents that is: i. well insulated and sourced by renewable energy, ii. consistent with the size, scale, and locations recommended in the Comprehensive Plan, and iii. built by a diverse workforce including at least 80% local labor who are paid a living wage. 4. Develop city-wide policies such as inclusionary zoning, enhanced building codes, or other initiatives that will help to achieve the following goals without the need for tax abatements: i. development of energy-efficient, renewable energy-sourced affordable housing, ii. hiring of diverse local labor, and iii. payment of a living wage. 5. Develop specific criteria to determine benchmarks for success of the revised CIITAP program, and evaluate and report on the progress of the program annually. 6. Terminate the revised CIITAP program as soon as possible and in no case later than 5 years from November 2015. 5) Action Items (Voting to Circulate) a) Temporary Mandatory Planned Unit Development for the Waterfront Alderperson Brock suggested including both sides of Fulton Street in this zone. Chair Murtagh is fine with the map as it is. Jennifer Kusznir suggested since this PUD is geared toward the Comprehensive Plan, she will look at the boundaries. Alderperson Martell moved to circulate with the revised map; seconded by Alderperson Kerslick. Carried unanimously. This will come back in February with a public hearing. ORDINANCE NO. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the City does hereby establish a Temporary Mandatory Planned Unit Development (TMPUD) District for the Waterfront Study Area as follows: Section 1. Chapter 325 of the City of Ithaca Municipal Code is hereby amended to add the following section: § 325-13. Temporary Mandatory Planned Unit Development (TMPUD) District A. Declaration of Legislative Authority. This Planned Unit Development (PUD) Ordinance is being enacted pursuant to the authority established in the New York State General City Law § 81-f. B. Purpose and Intent. A Temporary Mandatory Planned Unit Development District (TMPUD) is hereby established, for a period up to 18 months from the effective date of this ordinance, it being the intent of the Common Council that during that time the City will adopt land use regulations to implement a waterfront plan, the adoption of which regulations shall repeal this ordinance, or shall amend this ordinance to render the TMPUD non-mandatory. The purpose of this TMPUD is to provide the Common Council with transitional oversight for potential development projects in order to ensure that development in the waterfront study area supports the goals of the City’s Comprehensive Plan, which may differ from the pre-existing zoning in this area. This is intended to allow the Common Council a reasonable period of time in which to establish a plan for the waterfront study area and to adopt compatible zoning standards. Under this ordinance, the Common Council intends to employ the recommendations established in the Comprehensive Plan when determining whether to approve a proposed development in the waterfront study area. The TMPUD will mandatorily apply to proposals for new construction or for development proposals that will change an existing building footprint by more than 50%, but shall not apply to any other construction or development, which shall remain subject to otherwise-applicable zoning ordinance. C. Background. 1. In September of 2015, the Common Council adopted Plan Ithaca, as Phase I of the City of Ithaca’s Comprehensive Plan. This plan identifies the desired future land uses in the City, as well as areas where development is anticipated and encouraged, identifying community goals and recommendations for achieving these goals. 2. On August 17, 2015, the City of Ithaca Comprehensive Plan Committee submitted a written recommendation to the City that included developing a plan for the waterfront as a priority for the next phase of the City’s Comprehensive Plan. 3. In November of 2015, the Planning and Economic Development Committee of the Common Council directed Planning Staff to begin working on a waterfront development plan as a part of the next phase for the Comprehensive Plan. The existing developable land along the City’s waterfront is currently zoned WF-1, WF-2, SW-2, P-1, and I-1. The City Comprehensive Plan identifies the goals for the Waterfront Mixed Use area as the creation of a mixed use district, including commercial, and housing, with an emphasis on uses that create an active waterfront environment. The City Comprehensive Plan further notes that “new development should protect view sheds and allow public access to the waterfront. Pedestrian and bicycle connections should be improved, particularly to adjacent mixed use areas. Developable space in the waterfront area is at a premium and reducing the impacts of parking in new development should be carefully considered.” The City Comprehensive Plan also identifies the adjacent areas that are currently zoned industrial as having potential for additional development and employment opportunities. The waterfront study is intended to guide the City’s decisions as to where and what type of development is appropriate, which will be determined by the Waterfront Development Plan currently being undertaken. 4. In 2014, the City adopted a floating PUD that could be used in any I -1 Zoning District. A PUD allows for flexibility in planning and design, while through the process of review and discussion, ensures efficient investment in development that, among others, forwards a City’s comprehensive plan. Because the zoning in this area is in transition, the temporary mandatory PUD will enable development to continue during the crafting of new land use regulations, subject to Common Council’s oversight. D. Effective Period. This TMPUD shall be in effect, within the boundaries described in Subsection E, herein, for a period of eighteen (18) months from the effective date of this ordinance, as described in Section 4, herein. E. Affected Properties and Boundaries of the TMPUD 1. All new construction and any construction that enlarges the footprint or total floor space of an existing building by 50% or more will be subject to the TMPUD under this ordinance, and—absent compliance with the TMPUD—shall not be entitled to proceed in reliance on pre-existing land use regulations, which absent the TMPUD might or would have enabled their construction. Any changes to existing structures that do not enlarge the footprint or total floor space of an existing building by 50% are not subject to the TMPUD and remain subject to the pre-existing underlying zoning. 2. The TMPUD shall be located in the waterfront study area, whose boundaries can be seen on the map entitled Proposed Waterfront Study Area-dated 12/9/2015. F. Permitted Principal and Accessory Uses. In the TMPUD, buildings and land may be for uses which the Common Council may pursuant to TMPUD application authorize, including Council’s consideration and potential authorization of development restrictions such as yard size, height restriction, building coverage, and lot size,. In addition, the Common Council may impose any conditions or limitations that are determined to be necessary or desirable to ensure that the development conforms with the City Comprehensive Plan, including limiting the permitted uses, location and size of buildings and structures, providing for open space and recreational areas, requiring acoustical or visual screening, construction sequencing, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development. G. Site Plan Approval. No structure shall be erected or placed within the TMPUD, no building permit shall be issued for a building or structure within the TMPUD , and no existing building, structure, or use in the TMPUD shall be changed, unless the proposed building and/or use is in accordance with a site plan approved pursuant to the provisions of Chapter 276 of the City of Ithaca Code. H. Criteria. Common Council will consider an application for any development within the TMPUD on the following criteria, among others: 1. Is the project in accordance with the City Comprehensive Plan, which specifically lists the following:  Promoting mixed use development, including commercial and housing  Emphasizing waterfront activities  Reducing impacts of parking  Providing for additional employment opportunities  Promoting public access to the waterfront  Enhancing and preserving any environmentally sensitive areas I. Application Process. Any applicant seeking approval of a TMPUD, will be subject to the application process established in Subsection 12(G) of this Chapter, without regard therein to any references to underlying zoning or alternate processes. J. Additional Requirements. For any new construction in the TMPUD, the Common Council may impose such conditions or limitations that the Council, in its legislative discretion, may determine to be necessary or desirable to ensure that the development conforms with the City Comprehensive Plan, including limiting the permitted uses, location and size of buildings and structures, providing for open space and recreational areas, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development. K. Expiration. A developer who receives PUD approval will have 24 months to begin construction of their project. If construction on the property has not been developed in accordance with the approved plan after 24 months, the PUD will automatically be revoked, unless otherwise stated by the Common Council. In the case of extenuating circumstances the developer may apply to the Common Council for an extension of PUD approval. If the site plan changes significantly, said significance as determined by the Director of Planning and Development, it may require re-consideration by the Common Council. The Director of Planning and Development may determine that the changes are minor and do not require re-approval. L. Exemptions. Construction, alterations or demolition authorized by building permits which were issued on or before the effective date of this Section shall be exempt from the provisions of this TMPUD. Section 2. Supersession. This Section 325-13 is intended to supersede any provision of the City Code insofar as said provision is inconsistent with Subsection 325-13(E)(1) herein. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Section 325-13 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 immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter, and shall expire 18 months after the effective date, except as to any application for any development within the TMPUD that is filed under this ordinance prior to its expiration and not thereafter withdrawn by the applicant. b) Proposal to Reduce Cell Tower Fall Zone Alderperson Brock moved to circulate; Alderperson Nguyen seconded it. Carried 4-1. MEMORANDUM TO: Planning and Economic Development Committee of Common Council FROM: JoAnn Cornish, Director of Planning and Development DATE: December 30, 2015 SUBJECT: Request to Revise City Zoning Ordinance, Article VA, “Telecommunications Facilities and Services” to Lower the Required Fall Zone The City has received a request to consider revising City Zoning Ordinance, Article VA, “Telecommunications Facilities and Services” (hereafter referred to as “TCO”), Section 325- 29.9. A. (1) concerns the fall zone setback requirements for Tier III telecommunications facilities and applies to the siting of towers, monopoles, and lattice structures. The area of a fall zone is where: “No habitable structure or outdoor area where people congregate shall be within a fall zone of two times the height of the PWSF [personal wireless service facility] or its mount.” Specifically, the request is in regard to the existing telecommunications tower located at 815 South Aurora Street in the City of Ithaca. The tower is on a 2.5-acre parcel and has an estimated height of 170 feet. In accordance with the existing ordinance, this would require any development to be outside a radius of 340 feet from the base of the tower. The request is to reduce the fall zone to 120% of the height of the tower, the distance the cell tower will actually fall based on two engineering reports submitted to the city, (available upon request) which state that in the worst situation, if all three-guy wires supporting the tower fail, the tower’s fall will be equal to the tower’s height, or 170 feet and that a debris field may extend beyond the collapsed tower an additional 10-15 feet. The City of Ithaca adopted its Telecommunications Services and Facilities Ordinance (TCO) in 2002, carefully avoiding any violation of Federal law. The FCC imposed limitations on communities so that local governments could not prohibit cell towers from within their municipalities. The City based the fall zone requirement on its authority to adopt laws that protect the safety and welfare of its citizens as well as to protect the natural features and aesthetic character of the City. The required falI zone was determined, in part, to insure that cell towers were not placed in the City’s valley or “flats” as we commonly describe our downtown. Several locations were proposed by various carriers that included Cass Park, Stewart Park, Newman Golf Course, the NYSDOT site, and Inlet Island. Essentially, with a fall zone requirement of twice the height of the tower, there are very few places in the city where a cell tower could be sited. If the fall zone is reduced, it may allow for more towers to be built in the city but it will also allow projects on land where previously the fall zone prohibited development. If you feel this proposal is worthy of further consideration, I will distribute this concept memo for comment, and further discussion by the Planning Committee at the February 9, 2016, meeting. 6) Review and Approval of Minutes a) December 2015 Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed unanimously. 7) Adjournment Moved by Alderperson Kerslick; seconded by Alderperson Martell. All agreed to adjourn at 9:15 p.m.