Loading...
HomeMy WebLinkAbout04-07-10 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, April 7, 2010, at 7:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Fire Department- Request to Amend 2010 Budget for New York State Grant 9. CITY ADMINISTRATION COMMITTEE: 9.1 IURA - Housing Fund 2009 Funding Round – Review of Projects Recommended for Funding - Resolution 9.2 Approval For Continued Funding of City Hall Security - Resolution 9.3 Approval of Modification of Certain Terms of the Lease Between the City and Center for the Arts at Ithaca, Inc. (commonly known as the Hangar Theatre) - Resolution 9.4 Authorization to Enter into an Agreement with the Greater Tompkins County Municipal Health Insurance Consortium - Resolution 9.5 City Controller’s Report 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Resolution of Support for the Application of the Downtown Ithaca Alliance to the 2010 New York Main Street Program 10.2 An Ordinance to Amend the City of Ithaca Municipal Code to add Chapter 280 entitled “Smoking, Outdoor”. 11. REPORTS OF SPECIAL COMMITTEES: Common Council Agenda April 7, 2010 Page 2 12. NEW BUSINESS: 12.1 Sushi O Sake Japanese Restaurant Alcohol Permit Request - Resolution 12.2 Blue Stone Bar & Grill Alcohol Permit Request - Resolution 12.3 Ithaca Ale House Alcohol Permit Request - Resolution 12.4 Viva Taqueria & Cantina Alcohol Permit Request - Resolution 12.5 Ragmann’s Restaurant Alcohol Permit Request - Resolution 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Resolution To Enact Ordinance to Regulate Smoking in Certain Outdoor Areas in the City of Ithaca – Whereas Sections Only 13.2 Dredging Process for Sediment Management - Resolution 14. MAYOR’S APPOINTMENTS: 14.1 Appointments to Various Boards and Committees 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the March 3, 2010 Regular Common Council Meeting Minutes - Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: April 2, 2010 8 CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Fire Department- Request to Amend 2010 Budget for New York State Grant - Resolution WHEREAS, the City of Ithaca is the lead recipient of a 2008 New York State Office of Homeland Security Hazardous Materials Grant in the amount of $68,844.00, and WHEREAS, the City of Ithaca as the lead recipient is responsible for the financial execution and administration of the grant, and WHEREAS, the other grant recipients include Cayuga County, Chemung County, Cortland County, Schuyler County, Seneca County, Steuben County and Tioga County, and WHEREAS, the Homeland Security Grant will be used to purchase a Smith Detection Gas ID on New York State Contract for $59,844.00, and WHEREAS, the remaining $9,000 will be used for training cost for City of Ithaca employees and employees and or agents of partner agencies; now, therefore be it RESOLVED, That Ithaca Common Council hereby amends the 2010 Authorized City Budget by the amount not to exceed $68,844.00 to be used for said expenses as outlined by the 2008 New York State Office of Homeland Security Hazardous Materials Grant with amended budgets as follows: Increase Revenue Account: A3410-3989 State Aid $68,844 Increase Expense Accounts: A3410-5225-12150 Other Equipment $59,844 A3410-5440-12150 Staff Development $9,000 and be it further RESOLVED, That income received from the 2008 New York State Office of Homeland Security Hazardous Materials Grant shall be used to reimburse the City of Ithaca for its expenses, as outlined by the grant. 9. CITY ADMINISTRATION COMMITTEE: 9.1 IURA - Housing Fund 2009 Funding Round – Review of Projects Recommended for Funding - Resolution WHEREAS, review of the first round of funding applications to the Housing Fund has been completed and the following three housing projects are recommended for funding: Applicant Project Dollar Amount Recommended Number of Units Location INHS Holly Creek Townhomes $200,000 11 for-sale townhomes Town of Ithaca INHS/Pathstone Women’s Community Building $75,000 50 apartments City of Ithaca Tompkins Community Action Magnolia House $70,000 14 SRO units for homeless women City of Ithaca , and WHEREAS, on April 1, 2009, the Common Council of the City of Ithaca authorized the Mayor to execute a Memorandum of Understanding (MOU) between the City of Ithaca, Tompkins County and Cornell University to develop, fund, and administer the Community Housing Affordability Program and the Community Housing Trust Program (Collectively known as the “Housing Fund”), and WHEREAS, on April 1, 2009, the Common Council further found that the most appropriate locations for new housing units assisted through MOU funds are project sites located within existing urbanized areas of the County, rather than in new growth nodes or other areas of the County, and WHEREAS, the Community Housing Affordability Program assists with pre- development costs associated with residential, and mixed-use real estate development projects primarily benefiting low- and moderate-income households, and the Community Housing Trust Program is a program designed to ensure that newly constructed or rehabilitated homes that are made available to low- and moderate-income households remain affordable to future generations of buyers, and WHEREAS, per the MOU, in the first year Cornell committed to contribute $200,000 and the City of Ithaca and Tompkins County each committed to contribute $100,000, thereby providing a pool of up to $400,000 to fund housing projects, and WHEREAS, City funds committed in year one of the MOU shall derive from Gateway Loan proceeds held by the Ithaca Urban Renewal Agency, and WHEREAS, a Program Oversight Committee (POC) has been established to govern the Housing Fund made up of representatives from each funder, including Maria Coles, J.R. Clairborne and Doug Dylla from the City, but that final funding decisions regarding expenditure of City MOU funds shall be approved by the Common Council, and WHEREAS, the POC is scheduled to meet on April 8, 2010 to develop a specific funding plan matching funding sources with housing projects recommended for funding; and WHEREAS, each funding entity has internal guidelines for use of its funds; and WHEREAS, the City’s representatives on the POC seeks guidance from the Common Council on this matter; now, therefore, be it RESOLVED, That Common Council hereby concurs with the IURA's conclusion that both the Women's Community Building (WCB) and the Magnolia House projects are suitable for City funding through the 2009 funding round of the Housing Fund, with top priority assigned to the WCB project. 9.2 Approval For Continued Funding of City Hall Security - Resolution WHEREAS, the 2008 Common Council resolution approving the City’s Workplace Violence Prevention Policy notes that: In January 2006, the New York State Legislature enacted a workplace violence prevention law which mandated that public employers must develop and implement programs to prevent workplace violence. These programs are mandated to consist of three (3) components: an evaluation of the workplace, a written workplace violence prevention policy, and training of all employees. In June 2007 New York State promulgated regulations concerning Public Employer Workplace Violence Prevention Programs (12 NYCRR Part 800.16). In response, the City of Ithaca formed a committee of staff from various City departments, including Police, Legal, Human Resources, Building, Information Technologies as well as a Common Council liaison. The task of this committee was to develop and implement programs to prevent workplace violence, including the drafting of a proposed workplace violence prevention policy. , and WHEREAS, the City’s Workplace Violence Prevention Policy adopted by Common Council on April 2, 2008, states that: The City of Ithaca is committed to providing a safe workplace environment for all employees. Acts or threats of violence including intimidation, harassment, and/or coercion, which involve or affect the City and/or its employees, will not be tolerated. Similarly, acts or threats of violence including intimidation, harassment, and/or coercion will not be tolerated in City buildings or on City property. All employees are expected to conduct themselves in a manner that is consistent with this policy. It is also City policy that all employees have the right to work in an environment where the safety of each individual is paramount. , and WHEREAS, the goals and objectives of the City of Ithaca’s Workplace Violence Prevention Policy are: 1. to reduce the potential for violence in and around the workplace; 2. to encourage and foster a work environment that is characterized by respect and healthy conflict resolution; 3. to mitigate the negative consequences for employees who experience or encounter violence while at work.”, and WHEREAS, recent regional and national violent events which have resulted in loss of life have underscored the basis for the New York State Legislature’s mandate for safe working environments for public employees, and WHEREAS, according to the Bureau of Labor Statistics, in 2007, assaults and violent acts were the second leading cause of workplace fatalities, and that workplace murders have accounted for one of every 6 fatal occupational injuries, and WHEREAS, in October 2006, the Bureau of Labor Statistics found that a total of 2,520 local governments with an employee workforce of between 250 and 999 experienced an incident of workplace violence, and WHEREAS, on September 2, 2009, Common Council approved a resolution to fund private security services at the Ithaca City Hall on a trial basis, until April 9, 2010, at which time the services would be evaluated with results reported to Common Council, and WHEREAS, RISCS, Inc., has been providing approximately 60-70 hours a week for armed security services at City Hall since September 21, 2009, and WHEREAS, the City of Ithaca Workplace Violence Prevention Committee, in conjunction with the Ithaca Police Department, evaluated the services provided by RISCS and compiled a comprehensive Performance Evaluation Report (undated; final version circulated via email on 3/23/10), and WHEREAS, the Workplace Violence Prevention Committee and the Ithaca Police Department strongly support continued funding for private security services at City Hall, and WHEREAS, in the recent (2010) City Hall Security Performance Evaluation Survey the responses on the part of City employees indicate that a clear majority of respondents feel more secure and psychologically comfortable as a result of the enhanced security, that these majorities have increased since previous survey in 2009, and that in the 2010 survey 65% of City Hall respondents want security to continue at the same level, a 58% increase over the 2009 responses, and WHEREAS, the Ithaca Police Department is prepared to continue to oversee security services at City Hall and to ensure that proper training is provided and documented, and WHEREAS, the 2010 City budget includes $55,000 in Restricted Contingency Funds for the continuation of said private security service, through the remainder of 2010, and WHEREAS, the estimated cost of continuing said private security services from April 9, 2010 through December 31, 2010, is now (as a result of further experience) $66,000; now, therefore be it RESOLVED, That Common Council hereby approves the continuation of private security services at City Hall, as provided by RISCS, Inc., through December 31, 2010, and be it further RESOLVED, That Common Council hereby authorizes the transfer of $55,000 in funds for said services from Account A1990 - Restricted Contingency to Account A3120-5434- 5009 – Contracts, as well as the transfer of any additional amount required for such services in 2010, up to a maximum of $36,000 from Account A1990 - Unrestricted Contingency to Account A3120-5435-5009 - Contracts. 9.3 Approval of Modification of Certain Terms of the Lease Between the City and Center for the Arts at Ithaca, Inc. (commonly known as the Hangar Theatre) - Resolution WHEREAS, the City of Ithaca (hereinafter “City”) has leased City land and buildings to the Center for the Arts at Ithaca, Inc. (hereinafter “CAI”), a not-for-profit organization that operates a performing arts program and theater commonly known as the Hangar Theatre, for at least 35 years, and WHEREAS, the current, 20-year lease with CAI, for the premises at 801 Taughannock Boulevard, expired on or about December 31, 2008, and has been extended on a year- to-year basis since then, and WHEREAS, after discussion and negotiations, City and CAI representatives agreed upon the terms of a new, long-term lease for the premises CAI has occupied, and the City gave its consent for CAI to undertake substantial improvements to the site and the buildings on it, at a total cost estimated at more than $3,000,000, primarily at CAI’s expense (except for certain site work which the City agreed to perform and/or pay for), and WHEREAS, on July 1, 2009, this Common Council approved the terms of a new lease agreement between the City of Ithaca and CAI (as outlined in a summary dated 6/18/09), and authorized the Mayor, upon the advice of the City Attorney, to execute a lease containing substantially such terms, on behalf of the City, and WHEREAS, subsequently, representatives of CAI realized that certain of the lease terms as described in the aforementioned summary could have the effect of limiting CAI’s ability to be financially self-supporting, and, as a result, CAI is requesting clarification and/or modification of such terms, and WHEREAS, allowing CAI to offer either not-for-profit or for-profit entities the opportunity to operate a refreshment concession during theater performances was and is the City’s intention, even though the current language of the lease terms as approved by Council could be interpreted to limit such operation to not-for-profit entities, and WHEREAS, the request of CAI to be permitted under its lease to sublet the performance space, on an incidental and short-term basis and at a fair-market rate, to other entities for the production of performing arts events (such as a concert, dance or film), whether such entities are not-for-profit or for-profit, is consistent with the City’s hope and intention that this leasing arrangement will strengthen the viability of CAI as an ongoing operation, and bring more and more varied cultural and artistic experiences to the City and its residents; now therefore be it RESOLVED, That the Common Council hereby approves a modification of the terms of the previously-approved, new, long-term lease arrangement between the City and CAI, such that: (1) The lease will make it clear that any refreshment sales conducted at the time of performances may be operated by either a not-for-profit or for-profit entity; and (2) The CAI will be permitted to sublet the performance space, on an incidental, short-term basis and at a fair-market rate, to another entity that is either not-for- profit or for-profit, but, in the latter case, only for the production of a performing arts event (such as a concert, dance or film), and be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is hereby authorized to execute a lease with the Center for the Arts at Ithaca, Inc., that contains substantially the same terms as described immediately above (together with the other terms listed in the summary dated 6/18/09). 9.4 Authorization to Enter into an Agreement with the Greater Tompkins County Municipal Health Insurance Consortium - Resolution WHEREAS, the Tompkins County Council of Governments (TCCOG) is comprised of all the municipalities in Tompkins County, and WHEREAS, the City of Ithaca is a member of the Tompkins County Council of Governments (TCCOG), and WHEREAS, health care costs for Tompkins County and other local governments have been increasing each year at rates much higher than inflation, which can be addressed by pooling our buying power, and WHEREAS, in 2007 the County, on behalf of TCCOG accepted an incentive grant award under the New York State Shared Municipal Services Program to assist the municipalities in Tompkins County to create a local municipal health care consortium, and WHEREAS, the Greater Tompkins County Municipal Health Insurance Consortium will develop health benefits coverage for all participating municipalities with the intent to provide a net savings to the taxpayers of Tompkins County, a goal of the City of Ithaca supports, and WHEREAS, TCCOG encourages the signing of an inter-municipal agreement by TCCOG members; now, therefore be it RESOLVED, That Common Council hereby authorizes the Mayor to execute the inter- municipal agreement effective May 1, 2010 with the Greater Tompkins County Health Insurance Consortium for the New York State Shared Municipal Services Program. 9.5 Controller’s Report 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Resolution of Support for the Application of the Downtown Ithaca Alliance to the 2010 New York Main Street Program WHEREAS, downtown Ithaca is an important and significant part of the Ithaca community and supports stable and attractive neighborhoods in the City; and WHEREAS, a strong downtown with a healthy mix of residential, commercial and employment spaces also is an integral component of the City of Ithaca’s commitment to reducing greenhouse gas emissions to 20% below 2001 levels by 2016, which includes encouraging pedestrian travel and reducing the need for vehicle travel; and WHEREAS, downtown Ithaca, like downtowns across the state and country, faces obstacles and challenges to revitalize, grow, and develop from suburban sprawl, funding constraints, and shifting markets; and WHEREAS, housing is an integral and prominent ingredient in any successful downtown; and WHEREAS, Ithaca has been working to add new housing units to its downtown core; and WHEREAS, the creation of affordable housing remains a challenge in Ithaca marketplace and particularly in downtown Ithaca, and requires public subsidies such as those provided by the Main Street program; and WHEREAS, there is a chronic need for affordable housing at all levels in Ithaca, including the 90% of median level required by the Main Street Program, as evidenced by a recent HUD report on housing needs in Tompkins County and earlier market studies prepared for the City of Ithaca and the Downtown Ithaca Alliance by the Danter Company; and WHEREAS, downtown Ithaca has a wonderful and diverse collection of historic properties, some that remain at risk of deterioration due of lack of investment; and WHEREAS, downtown revitalization in Ithaca is spearheaded by the Downtown Ithaca Alliance, a 501(c)3 tax exempt non-for-profit organization and Business Improvement District; and WHEREAS, the Downtown Ithaca Alliance has successfully won and managed two former Main Street grants, that included anchor grants, façade improvements, and streetscape improvements; and WHEREAS, the receipt of a New York Main Street Grant would provide demonstrable improvements to the downtown, creating badly needed affordable housing units, renovating key historic properties, and improving the visual appearance of downtown; therefore be it RESOLVED, That the City of Ithaca Common Council does hereby endorse and support the 2010 application of the Downtown Ithaca Alliance to the New York Main Street Program for a project that includes upper story affordable housing, building renovations, and streetscape improvements. 10.2 An Ordinance to Amend the City of Ithaca Municipal Code to add Chapter 280 entitled “Smoking, Outdoor”. Ordinance 10-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: A new chapter (Chapter 280) entitled “Smoking, Outdoor,” is hereby added to the Municipal Code of the City of Ithaca, to read as follows: Section 1: §280-1. Purpose. The primary purpose of this chapter is to reduce the proximate exposure of the public, especially children, to the hazards and annoyance of second-hand tobacco smoke. Furthermore, this legislation is intended to reduce litter and possible contamination from discarded cigarette butts, in public places, and to reduce the likelihood that young persons will initiate tobacco use (by reducing the incidence of public smoking in places where young persons are likely to be present). Section 2: §280-2. Authority. Pursuant to the New York State Constitution, the Common Council of the City of Ithaca may adopt and amend laws pertaining to the protection, conduct, safety, health and well-being of the persons and property in the City. Similarly, the Charter of the City of Ithaca provides that the Common Council may enact and enforce any ordinance (not repugnant to the Constitution or laws of the State) for any local purpose (except fluoridation of the water supply) pertaining to the preservation of order, peace and health, and the safety and welfare of the City and the inhabitants thereof. The Clean Indoor Air Act adopted by the New York State Legislature (Public Health Law, Article 13-E, Sections 1399-n, et seq) addresses indoor smoking only, and, in any case, specifically provides that “nothing herein shall be construed to restrict the right of any county, city, town, or village to adopt and enforce additional local law, ordinances or regulations which comply with at least the minimum applicable standards set forth in this article.” Section 3: §280-3. Definitions. For the purposes of this chapter, the following terms shall have the following definitions: 1. Child Care Center: A facility where care and supervision are provided for children, in exchange for consideration. For the purposes of this chapter, a “child care center” refers only to such a facility that is licensed by New York State or Tompkins County to operate as such. 2. Children: Persons under the age of 18 years. 3. City-owned Building: Any structure owned by the City of Ithaca, except for any such structure that is subject to a written lease to another party, provided such lease was entered into prior to the effective date of this chapter and provided such lease does not give the City the authority to regulate outdoor smoking on the leased premises. 4. Entrance: The means by which persons may enter a building, typically consisting of a door or doorway, which may be associated with a stoop or steps and/or a ramp. For the purposes of this chapter, “entrance” includes the stoop, steps or ramp leading from the sidewalk or pavement to such a door or doorway. 5. Exit: The means by which persons may leave a building, typically consisting of a door or doorway, which may be associated with a stoop or steps and/or a ramp. For the purposes of this chapter, “exit” includes the stoop, steps or ramp leading from the sidewalk or pavement to such a door or doorway. 6. Facility: The structures and activity areas (which may be partially enclosed or unenclosed) associated with an operation (which operation may be governmental, recreational, educational, commercial or of another type). 7. Mass Transit Shelter: A structure that is enclosed on at least three sides and has a roof, intended for use by persons waiting for a bus or other mass transit vehicle. 8. Mobile Vending: An activity consisting of the offering of goods and/or services for sale, from a non-permanent base of operations, including but not necessarily limited to a cart, kiosk, table or vehicle. 9. Outdoor Dining: An activity consisting of the provision of facilities that are available to members of the public (with or without payment) for eating and/or drinking in an area that is not fully enclosed by a permanent structure (walls, roof, etc). 10. Outdoor Recreation Area: An area that is not fully enclosed and that is designated for recreational purposes or activities. 11. Pavilion: A structure that is at least partially unenclosed (for example, with open sides) and that is intended for public use. 12. Playground: An outdoor recreation area that is designed and intended for use by children. For the purposes of this chapter, a playground that is fenced or otherwise physically demarcated shall be deemed to include all of the area inside such fence or demarcation; a playground that is not fenced or otherwise demarcated shall be deemed to include all open space that is associated with or adjacent to it. 13. Playing Field: That portion of an outdoor recreation area that is set up and marked in some way for the playing of one or more specific games (such as baseball, football or soccer). For the purposes of this chapter, a playing field that is fenced or the outside perimeter of which is otherwise physically demarcated shall be deemed to include all of the area inside such fence or demarcation, together with any bleachers or other, designated viewing area; a playing field that is not fenced or otherwise demarcated (as to its outside perimeter) shall be deemed to include all of the area customarily required for playing the game for which it is being used, together with any bleachers or other designated viewing area. 14. Permit: Written permission for an activity proposed to be conducted on property of the City of Ithaca (including any conditions placed upon such permission), issued and signed by the appropriate regulatory authority of the City. 15. School: The facility where an educational institution licensed by New York State and serving students in any grade from kindergarten through 12th grade is located. 16. Smoke: The emission produced by the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco. 17. Smoking: The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco. Section 4: §280-4. Prohibition of outdoor smoking in certain public places. Smoking shall not be permitted and no person shall smoke in the following outdoor areas, subject to the limited exception for streets open to regular traffic as set forth in Section 280-5, below: A. At or near playgrounds, child care centers and schools, as follows: 1. At any playground that is open to use by the public, or on any public property that is within 25 feet of such a playground. 2. On any public property that is within 25 feet of any entrance, exit, window or ventilation intake of any licensed child care center or its facility. 3. On any public property that is within 25 feet of any entrance, exit, window or ventilation intake for a school, school building or school facility. 4. The owner of any such playground, child care center or school shall be required to post and maintain signage acceptable to the City advising the public of the above restrictions. B. In other areas or at events where persons cannot readily escape nearby second- hand smoke, as follows: 1. Within any outdoor dining area (whether covered or not) located on City- owned property, including the Ithaca Commons, as follows: a. Within any seating area for outdoor dining and/or drinking associated with a bar or restaurant, that is on City property and subject to a City license, and that is in use for that purpose; and b. Within any seating area for outdoor dining and/or drinking established or maintained by the City or its agent, and that is in use for that purpose; and 2. On any public property that is within 25 feet of the area occupied by a mobile vending cart or other mobile vendor operating on City-owned (or City-leased) property. 3. At outdoor events on City-owned property, as follows: a. Within the outdoor seating and viewing areas for open-air concerts, dances, parades, other performances, lectures, motion picture or video presentations, or similar open-air presentations, for which a permit from the City is required and when in use for that purpose; b. Within the outdoor seating and viewing areas associated with unenclosed (or partially enclosed) sports areas or similar open-air recreational facilities; c. During outdoor festivals, block parties and similar events, on public property, for which a permit from the City is required, that will involve the concentration of persons in small or constrained spaces. For such an event, smoking is prohibited within the area covered by the City permit, except within a designated smoking area as described in Section B3d, below. d. If the sponsor of an outdoor event (per Section B3a, B3b or B3c, above) wishes to allow smoking at the event, the sponsor must propose and request (from the permit issuer) a “designated smoking area” associated with event (which must be so marked, may not be in a permanently smoke-free area, and would result in little or no direct exposure of non-smokers to 2nd-hand smoke); if no such exception is requested and granted, the event must be entirely smoke-free. For an event occupying a portion of the Ithaca Commons, the designated smoking area shall be that part of Commons where outdoor smoking is not otherwise prohibited. (See Section 208-4.C.1, below.) 4. Any licensee or permit holder for an outdoor dining area, vending or outdoor event on City-owned property shall be required to inform members of the public of applicable restrictions on outdoor smoking (for example, through signs posted on a mobile vending cart, at the perimeter of an outdoor dining area or outdoor event, and/or in the publicity for an event). C. In certain other areas, as follows: 1. On a portion of the Ithaca Commons (and the alleys to the south of it), as follows (as illustrated on the attached map): At all times, within the inner portion of Ithaca Commons, which area is intended to encompass all that portion of the right-of-way of North Tioga Street commonly referred to as “Bank Alley” from the centerline of East State/Martin Luther King Street northerly for a distance of 203 feet; and all that portion of the right-of-way of East State/Martin Luther King Street easterly from the centerline of North Tioga Street for a distance of 188 feet; and all that portion of the right-of-way of East State/Martin Luther King Street westerly from the centerline of North Tioga Street for a distance of 425 feet; also, within the so-called Home Dairy Alley and its southerly extension beneath the Green Street Parking Garage and within that part of the City-owned portion of the alley between the Green Street Parking Garage and the property to the north commonly referred to as “Center Ithaca” that is west of the easterly stairway located in said alley. [NOTE: On the Commons, the northerly boundary of the smoke-free area coincides with the property line between the Tompkins Trust Company and M&T Bank buildings; the westerly boundary is at the most westerly edge of the low concrete wall enclosing the chess-table area; and the easterly boundary is at the most easterly edge of the large concrete planter located to the east of the playground area.] 2. Outside City-owned buildings, as follows: At all times, on any public property within 25 feet of any entrance or exit or window or ventilation intake for any building owned by the City of Ithaca. 3. In City-owned parks, as follows: a. Within certain City-owned parks or areas of certain City-owned parks, as follows: (1) In Stewart and Cass Parks, as follows: Smoking is prohibited in designated, smoke-free areas (see below, and see attached maps); outdoor smoking is otherwise permitted in these parks, except that the managers of City-operated programs in these parks shall have authority to designate (with appropriate signage) additional smoke-free areas when in use for those programs, when such designation is reasonably necessary for the protection of public health. (a) Cass Park smoke-free areas (in addition to playground areas) are: i. All playing fields when in active use for recreational purposes, and within 25 feet of the boundary of a playing field when the field is in use for such purpose; ii. Inside any pavilion, or within 25 feet of it; iii. Inside the skating rink structure, or within 25 feet of it; iv. Within the fenced area around the swimming pool; and v. The tennis courts, when in active use for recreational purposes. (b) Stewart Park smoke-free areas are: i. The “Playground/Pavilion Area,” namely, the area bordered by the “inner” park roads, plus the large pavilion and a 25-foot buffer around it (includes carousel and sprinkler area; runs to Lake shore); ii. The tennis courts, when in active use for recreational purposes; and iii. Inside the Boathouse and within 25 feet of any entrance, exit, window or ventilation intake. (2) Anywhere within any other City-owned or operated park (including DeWitt Park), except that this prohibition shall not apply to the City-owned “Festival Lands”/Off-Leash Area, currently operated as part of Allan H. Treman State Park. 4. On the following City-owned trails and special, multi-purpose walkways: a. Cayuga Waterfront Trail b. Six Mile Creek Creekwalk c. Inlet Island Promenade 5. In City-owned Natural Areas, as follows: No smoking within the following designated (or otherwise specified) Natural Areas, both within and outside the boundaries of the City of Ithaca: a. Six Mile Creek b. Fuertes Sanctuary c. Ithaca Falls d. Southwest Substitute Parkland (pending designation as natural area) 6. At Other City-Operated Facilities, as follows: No smoking in the following places: a. Elevators in City parking garages; b. Within the fenced area of the Alex Haley Pool, or within the fenced area of the adjacent Melvyn Bell Memorial basketball court when in use for recreational purposes. 7. Inside, or on any public property within 25 feet of, any mass transit shelter; 8. At facilities leased or licensed to others, as follows: a. Whenever the City is negotiating a new or renewed lease or license for use of City land or buildings, the City shall include in such lease or license a provision that will apply outdoor smoking rules comparable to those for other, comparable City property (as set forth herein). b. As for existing leases, where this ordinance would not apply automatically, the City shall ask such lessees to agree (voluntarily) to operate the outdoor areas of the leased premises in a manner that is consistent with City regulation of smoking in comparable outdoor areas. Section 5: §280-5. Exception for streets open to regular traffic. Streets open to regular vehicular traffic are exempt from the prohibitions on outdoor smoking emanating from an adjacent area (such as outdoor dining on an adjacent sidewalk), except that such prohibition shall extend into the parking lane of such a street and to persons in or on a vehicle in any other affected parking area on public property. Section 6: §280-6. Referenced maps are approximations All maps referenced in this Chapter are visual approximations of legislative intent as expressed in the language of this Chapter. Section 7: §280-7. Enforcement; penalties. Any person who violates any provision of this chapter, by smoking in an area where outdoor smoking is hereby prohibited, shall be guilty of an offense punishable by the following penalties: 1st offense: $75.00 2nd offense: $150.00 3rd or subsequent offense: $250.00 Section 8: §280-8. Effective date. This chapter shall take effect on August 1, 2010, upon publication of notice as provided in the Ithaca City Charter. Section 9: Severability If any clause, sentence, paragraph, section, Article or part of this resolution or ordinance, now or through supplementation or amendment in the future, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, Article or part thereof directly involved in the controversy in which such judgment shall have been rendered. 12. NEW BUSINESS: 12.1 Sushi O Sake Japanese Restaurant Alcohol Permit Request - Resolution WHEREAS, the Sushi O Sake Japanese Restaurant has requested permission to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Sushi O Sake Japanese Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2010, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Sushi O Sake Japanese Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 12.2 Blue Stone Bar & Grill Alcohol Permit Request - Resolution WHEREAS, the City Clerk’s Office has received a request to allow the Blue Stone Bar & Grill to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Blue Stone Bar & Grill, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2010, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Blue Stone Bar & Grill that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 12.3 Ithaca Ale House Alcohol Permit Request - Resolution WHEREAS, the Ithaca Ale House has requested permission to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Ithaca Ale House, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2010, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Ithaca Ale House that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 12.4 Viva Taqueria & Cantina Alcohol Permit Request - Resolution WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria & Cantina Restaurant allowing that restaurant to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Viva Taqueria & Cantina Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2010, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria & Cantina Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 12.5 Ragmann’s Restaurant Alcohol Permit Request - Resolution WHEREAS, the City Clerk’s Office has received a request to allow Ragmann’s Restaurant to utilize certain areas along North Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Ragmann’s Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2010, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Ragmann’s Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Resolution To Enact Ordinance to Regulate Smoking in Certain Outdoor Areas in the City of Ithaca – Whereas Section Only WHEREAS, smoking is the number one cause of preventable death in the United States, and WHEREAS, in New York State there are 25,500 deaths every year from causes attributable to smoking; and WHEREAS, tobacco smoke contains at least 172 toxic substances, including 3 regulated outdoor air pollutants and 33 hazardous air pollutants regulated by the Federal Clean Air Act, 47 chemicals restricted as hazardous waste and 67 known human or animal carcinogens, according to the 2006 academic textbook “Exposure Analysis;” and WHEREAS, the aforementioned composition of tobacco smoke is the same whether tobacco smoke is inhaled in the act of smoking, or inhaled by nonsmokers out of the air indoors or outdoors; and WHEREAS, according to the U.S. Environmental Protection Agency (EPA), exposure to fine particulate matter such as that contained in tobacco smoke can lead to serious health problems, including asthma attacks, chronic bronchitis, irregular heartbeat, and nonfatal heart attacks; and WHEREAS, secondhand smoke has been designated as a known human carcinogen by the EPA; and WHEREAS, secondhand smoke has been designated an occupational carcinogen by the National Institute for Occupational Safety and Health; and WHEREAS, in 2005 the California Air Resources Board Office of Environmental Health Hazard Assessment determined outdoor tobacco smoke to be a “toxic air contaminant;” and WHEREAS, the 2006 U.S. Surgeon General Report on Involuntary Exposure to Secondhand Smoke report concludes that even brief exposures to secondhand smoke may increase the severity of asthma attacks and lower respiratory tract infections, especially in children, and have adverse effects on the heart; and WHEREAS, the aforementioned Surgeon General Report cites comprehensive and conclusive scientific evidence that “there is no risk-free level of exposure to secondhand smoke;” and that “smoke-environments are the most effective method for reducing exposures;” and WHEREAS, a 2006 by the California Air Resources Board found that at typical outdoor locations, persons may be exposed to tobacco smoke levels as high as indoor secondhand smoke concentrations; and WHEREAS, according to a 2007 peer-reviewed Stanford University study, “Real-Time Measurement of Outdoor Tobacco Smoke Particles,” (Klepeis et al., Journal of the Air and Waste Management Association), during periods of active smoking, peak and average outdoor tobacco smoke levels measured in outdoor cafes, restaurants and bar patios near smokers rival indoor tobacco smoke concentrations; and WHEREAS, other field studies and controlled experiments in Denmark (Boffi et al., 2006), Finland (Repace and Rupprecht, 2006), Maryland (Repace, 2005) and the Caribbean (Repace, 2005) demonstrate that, regardless of which way the wind blows, an individual in an outdoor café, transiting through a building doorway, or otherwise surrounded by a group of smokers, is always downwind from the source of smoke; and WHEREAS, many of these studies and controlled experiments also show that under some conditions, outdoor levels of tobacco smoke can be as high as indoor levels; and WHEREAS, according to the aforementioned Stanford University researchers (Klepeis et al.), a cigarette, while it has much smaller emissions than a power plant or automobile, is more likely to be very close to people and, therefore, to expose them to concentrated levels of air pollution; and WHEREAS, these Stanford University researchers measured background air pollution from all distant sources, including automobiles, to be typically less than 10 or 20 micrograms per cubic meter of air, while, in contrast, they sometimes measured air pollution near a cigarette to be over 1000 micrograms, concluding that air in typical urban locations in California, even near roadways, to be generally quite clean compared to air in the vicinity of smokers; and WHEREAS, children are currently unprotected from tobacco smoke in outdoor areas where they are likely to be present and concentrated in, such as our City’s playgrounds; and WHEREAS, each day more than 4,000 youth nationwide try smoking for the first time, and another 2,000 youth become regular daily smokers; and WHEREAS, concern over secondhand smoke is a powerful motivator of adolescent smoking behavior and can significantly deter adolescent smoking initiation according to recent research published in the Journal on Adolescent Health, 2009; and WHEREAS, there is a strong public preference for smoke free public spaces according to surveys conducted of Tompkins County adults in June of 2006 and June of 2008 by Tobacco Free Tompkins; and WHEREAS, according to the 2008 survey, 8 out of 10 of the adults surveyed believe smoking should be either restricted or not allowed in public outdoor events, at a public beach or at a public park; and 9 out of 10 of the adults surveyed believe smoking should be either restricted or not allowed in public playgrounds or areas around public building entryways; and WHEREAS, across the country, more than 700 state and local governments have passed laws restricting outdoor smoking at playgrounds, building entrances and other public areas, according to the American Nonsmokers' Rights Foundation; and WHEREAS, policies and administrative orders that ban smoking in outdoor public spaces have been implemented by jurisdictions in New York State; and WHEREAS, the City of Ithaca determines that creating smoke free zones in certain public spaces where children and/or adults are likely to be present or concentrated, and/or where persons can not readily escape from exposure to tobacco smoke, will protect the health, safety and welfare of the residents of our community; 13.2 Dredging Process for Sediment Management - Resolution WHEREAS, both Common Council and the Board of Public Works received and reviewed the draft Site Reconnaissance Report, Southern Tributaries to Cayuga Lake Dredging Project, dated February 2010, in which several potential sites are evaluated for the construction of a sediment management facility, and WHEREAS, members of both bodies attended a joint special meeting on February 24, 2010 at which city staff and consultants from Ecologic and ERM presented the report and answered questions, and WHEREAS, members of both bodies understand that the dredging project as a whole is a very large project in which multiple agencies at various governmental levels are involved and that the selection of a preferred site by the City, with consideration of various issues including land use impacts, is the next step needed to progress the project, and WHEREAS, Common Council and the Board of Public Works held a joint special meeting on March 31, 2010 to discuss a process to select a preferred site on which to locate a sediment management facility, and WHEREAS, members of both bodies agreed by consensus that the selection should be a joint process (as described in this resolution), now therefore be it RESOLVED, That the site selection for the Southern Tributaries to Cayuga Lake Dredging Project be carried out as follows: • The Board of Public Works will undertake the task of recommending a preferred site, and • During this process the Board of Public Works will regularly communicate their progress with Common Council through the Planning and Economic Development Committee, and • The Board of Public Works will recommend a site to Common Council for their final selection. 14. MAYOR’S APPOINTMENTS: 14.1 Appointments to Various Boards and Committees Bicycle Pedestrian Advisory Council - Resolution: RESOLVED, That David McElrath be appointed to the Bicycle Pedestrian Advisory Council as the Disability Advisory Council liaison with a term to expire December 31, 2012. Commons Advisory Board - Resolution: RESOLVED, That Lynda Thompson be appointed to the Commons Advisory Board to fill a vacancy with a term to expire December 31, 2011, and be it further RESOLVED, That Chris Georgaroudakis be appointed to the Commons Advisory Board to fill a vacancy with a term to expire December 31, 2011. Conservation Advisory Council: RESOLVED, That Nathan Brenner be appointed to the Conservation Advisory Council to fill a vacancy with a term to expire December 31, 2011. Disability Advisory Council - Resolution: RESOLVED, That Siobhan Whalen be appointed to the Disability Advisory Council to fill a vacancy with a term to expire June 30, 2011. Ithaca Landmarks Preservation Commission - Resolution: RESOLVED, That Edward Finegan be appointed to the Ithaca Landmarks Preservation Commission to replace Alphonse Pieper with a term to expire December 31, 2011. Youth Bureau Advisory Board - Resolution: RESOLVED, That Annabel Fowler be appointed to the Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2011.