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HomeMy WebLinkAboutMN-CC-2001-10-18 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:00 p.m. October 18, 2001 PRESENT: Mayor Cohen Alderpersons (9) Pryor, Sams, Blumenthal, Manos, Farrell, Vaughan, Spielho1z, Taylor, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney - Schwab City Controller – Cafferillo Deputy Controller – Thayer Planning and Development Director – Van Cort Deputy Director of Planning and Development – Cornish Economic Development Director - McDonald Human Resources Director – Michell-Nunn PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. SPECIAL ORDER OF BUSINESS: Resolution By Alderperson Spielholz: Seconded by Alderperson Hershey RESOLVED, That Common Council enter into Executive Session to seek legal counsel. Carried Unanimously RECONVENE: Common Council reconvened into Regular Session at 9:10 pm with no formal action taken. NEW BUSINESS: Local Law Emergency Message Mayor Cohen read the following Emergency Message into the record regarding the adoption of Local Law #5-2001: “I am issuing an emergency message regarding the consideration of a local law providing for the establishment of a benefit assessment district for local vehicular traffic improvements in the Southwest area of the City of Ithaca for the safe and efficient flow of vehicular traffic to, within, and from such Southwest area, thereby waiving the procedural need for this local law to be laid on the table seven days prior to enactment. It is necessary for the Common Council to immediately consider this local law.” A Local Law Providing the Establishment of a Benefit Assessment District for Local Vehicular Traffic Improvements in the Southwest Area of the City for the Safe and Efficient Flow of Vehicular Traffic to, within and from such Southwest Area LOCAL LAW 5 - 2001 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Proposed development in the Southwest area of the City (the “Southwest Area”) has caused the City to carefully October 18, 2001 2 study future land use in the Southwest Area and the provision of public services, including local vehicular traffic improvements, to the Southwest Area. Such study has occurred over a thirty- year period, commencing in 1971 with the Southwest Development Feasibility Study and the Ithaca General Plan, was furthered in 1977 with the Southwest Development Plan, was subject to a year 2000 final generic environmental impact statement for the Southwest Area Land Use Plan (the “GEIS”) and resulted in the Southwest Area Land Use Plan published in 1994, amended in 1998 and adopted on April 4, 2001 (the “Plan”). The Plan recommended that, given a number of conditions identified in the Plan, including surrounding uses, transportation and environmental conditions, a mix of commercial development would be most appropriate for the Southwest Area. Following adoption of the Plan, preceded by the GEIS, the City adopted commercial zoning for the Southwest Area, which commercial zoning allows mixed land uses. The GEIS found and identified existing and anticipated vehicular traffic problems that, without the construction of vehicular traffic improvements, would significantly hinder, disrupt and compromise safe and efficient vehicular access to, within and from the Southwest Area as a consequence of anticipated increases in vehicular trips and traffic generated by anticipated development to, in and from Southwest Area. The GEIS identified proposed vehicular traffic improvements to address such anticipated vehicular traffic problems. The Municipal Home Rule Law of the State authorizes the City, at Section 10(1)(c)(3), to adopt and amend local laws providing for the authorization, making, confirmation and correction of benefit assessments for local improvements. Among the vehicular traffic improvements identified in the GEIS are local vehicular traffic improvements for the safe and efficient flow of vehicular traffic to, within and from the Southwest Area. The Common Council hereby finds that local vehicular traffic improvements of the type identified in the GEIS for the safe and efficient flow of vehicular traffic to, within and from the Southwest Area, including, but not limited to, the specific local vehicular traffic improvements identified in the GEIS, are necessary to permit the safe and efficient flow of vehicular traffic to, within and from the Southwest Area, that it is fiscally appropriate, and economically fair and equitable and in the best interest of the residents of the City and the owners of properties within the Southwest Area for such owners and the City at large to share in the cost of such local vehicular traffic improvements for the safe and efficient flow of vehicular traffic to, within and from the Southwest Area and that the Legislature of the State has authorized the City to adopt and amend local laws providing for the authorization, making, confirmation and correction of benefit assessments for local vehicular traffic improvements, including local vehicular traffic improvements for the safe and efficient flow of vehicular traffic to, within and from the Southwest Area. Therefore, the purpose of this Local Law is to provide for the authorization, making, confirmation and correction of benefit assessments for local vehicular traffic improvements for the safe and efficient flow of vehicular traffic to, within and from the Southwest Area in a fair and equitable manner to both the residents of the City and owners of property therein and for the health, safety and welfare of the residents of the City and owners of property in the Southwest Area. October 18, 2001 3 Section 2. The Common Council may authorize the establishment, extension, increase in cost of local vehicular traffic improvements for, and, or, the increase and improvement of existing vehicular traffic facilities of a benefit assessment district in the Southwest Area of the City (the “Benefit Assessment District”) in the manner provided in this Local Law. Local vehicular traffic improvements may include the construction, reconstruction, widening or resurfacing of a highway, road, street, parkway, bridge, overpass or underpass, and sidewalks, curbs, gutters, guide rails, lighting, drainage, retaining walls and abutments, landscaping, the construction or elimination of grade crossings, including railroad grade crossings, traffic signals, traffic signal systems, traffic signs, the acquisition of land or rights in land, planning, designing or improvements in connection therewith. Local vehicular traffic improvements made in the Benefit Assessment District shall be made and maintained partly at the expense of the lands benefited thereby and partly at the expense of the City at large, as herein provided. Section 3. The establishment or extension of the Benefit Assessment District shall be based upon a map, plan and report prepared in such manner and in such detail as determined by the Common Council and such map, plan and report shall be filed in the office of the City Clerk. Such map, plan and report shall show the proposed boundaries of the Benefit Assessment District or extension thereto, the local vehicular traffic improvements proposed therefor, the maximum amount proposed to be expended for the acquisition or construction of such local vehicular traffic improvements, the portion of the cost of such local vehicular traffic improvements proposed to be assessed upon the lands benefited thereby and the portion of the cost to be borne by the City at large, and the proposed benefit assessment basis or formula for the portion of the cost to be raised by local assessments, which basis or formula for benefit assessments may be according to assessed value, area, portion of the real property developed and the category or type of use of developed facilities on the property, front footage, parking area developed or proposed for the property, trip generation for the category or type of facilities developed or proposed for the property or such other basis or formula determined by the Common Council to be just and equitable, or any combination thereof, and the proposed method of financing to be employed. Such map, plan and report may be amended as determined necessary and appropriate by the Common Council. Each such amendment shall be filed in the office of the City Clerk and shall be available for public inspection. Section 4. Subsequent to the date of the filing of the map, plan and report in the office of the City Clerk, the Common Council may adopt an order and enter the same in the minutes of its proceedings reciting a description of the boundaries of the proposed Benefit Assessment District or extension in a manner sufficient to identify the lands included therein as in a deed of conveyance, the local vehicular traffic improvements proposed, the maximum amount proposed to be expended for the acquisition or construction of the local vehicular traffic improvements, the portion of the cost of such local vehicular traffic improvements proposed to be assessed upon the lands benefited thereby and the portion of the cost proposed to be borne by the City at large, the proposed benefit assessment basis or formula for the portion of the cost to be raised by benefit assessments, the proposed October 18, 2001 4 method of financing to be employed, the fact that a map, plan and report describing the same are on file in the City Clerk’s office for public inspection and specifying the time when and the place where the Common Council will meet and hold a public hearing to hear all persons interested in the subject thereof, concerning the same. The Common Council shall cause a copy of such order and a notice of public hearing to be published at least once in the official paper, the publication thereof to be not less then ten nor more than twenty days before the day set therein for the hearing as aforesaid, and shall also serve upon each owner of real property within the proposed Benefit Assessment District or extension, as shown upon the most recently completed assessment roll of the City (which shall be the method of determining the owner of real property throughout this local law), by first class mail, a copy of such order and notice of public hearing, such service to be made not less then ten nor more than twenty days before the day set for the hearing as aforesaid. Such order may further state such additional place other than the City Clerk’s office where the map, plan and report may be examined in advance of the hearing if the Common Council determines that, in the public interest, some other additional place is necessary or desirable. Section 5. After the hearing held upon notice as hereinbefore provided and upon the evidence given thereat, the Common Council shall determine by resolution: (a) whether the notice of hearing was published and served as hereinbefore provided and is otherwise sufficient; (b) whether all the property and property owners within the boundaries of the proposed Benefit Assessment District or extension are benefited thereby; (c) whether all the property and property owners benefited by the proposed local vehicular traffic improvements are included within the boundaries of the proposed Benefit Assessment District or extension; (d) whether the proposed apportionment of the cost of the local vehicular traffic improvements between the lands benefited and the City at large is fair and equitable; (e) whether the proposed benefit assessment basis or formula for the portion of the cost to be raised by benefit assessment is fair and equitable; (f) whether the local vehicular traffic improvements proposed and the maximum amount to be expended for the acquisition or construction of the local vehicular traffic improvements and the proposed method of financing are in the public interest; and (g) whether the establishment or extension of the Benefit Assessment District is in the public interest. Section 6. (a) If the Common Council shall determine that it is not in the public interest to accomplish the establishment or extension of the Benefit Assessment District as proposed, the Common Council shall adopt a resolution stating the reasons for its determination not to establish or extend the Benefit Assessment District and enter the same in the minutes of its proceedings. October 18, 2001 5 (b) If the Common Council shall determine that the notice of hearing was not published and served as herein provided or that it is otherwise insufficient it shall adopt a resolution stating the reasons for such determination and shall call a further hearing at a definite place and time not less than ten nor more than twenty days after such determination. Notice of such further hearing shall be published and served in the manner provided in Section 4 hereof. (c) If the Common Council shall determine that the notice of public hearing was published and served as hereinbefore provided and is otherwise sufficient and that it is in the public interest to establish or extend such Benefit Assessment District, but shall find that the local vehicular traffic improvements proposed, the maximum amount proposed to be expended for the local vehicular traffic improvements, the portion of the cost of such local improvements to be assessed upon the lands benefited thereby and the portion of such cost to be borne by the City at large, the proposed method of financing, the proposed benefit assessment basis or formula for the portion of the cost to be raised by local assessments, that any part or portion of the property or property owners within the proposed Benefit Assessment District or extension are not benefited thereby or that certain property or property owners benefited thereby have not been included therein, is incorrect, improper, unjust, inequitable or for any other reason should be revised or amended, the Common Council shall specify the necessary changes in the local vehicular traffic improvements, maximum amount, apportionment of cost, benefit assessment basis or formula, method of financing or of the boundaries of the proposed Benefit Assessment District or extension to be made, and, with respect to such boundaries, in order that all of the property and property owners and only such property and property owners as are benefited shall be included within such proposed Benefit Assessment District or extension, and the Common Council shall call a further hearing at a definite place and time not less than ten nor more than twenty days after such determination. Notice of such further hearing shall be published and served in the manner provided in Section 4 hereof except that such notice shall also specify the manner in which it is proposed to alter the local vehicular traffic improvements, maximum cost, apportionment of cost, benefit assessment basis or formula, method of financing or boundaries of the proposed Benefit Assessment District or extension, as applicable. Such further hearing shall be conducted in the same manner as the original hearing. Section 7. If and when the Common Council shall determine in the affirmative all of the questions set forth in Section 5 hereof, the Common Council shall adopt a resolution approving the establishment of the Benefit Assessment District or extension as the local vehicular traffic improvements, maximum amount to be expended, apportionment of costs, benefit assessment basis or formula, method of financing and boundaries shall be finally determined. Section 8. At any time after the establishment of the Benefit Assessment District or of an extension thereof, the maximum amount proposed to be expended for the local vehicular traffic improvement, as stated in the notice of public hearing on the establishment or extension of the Benefit Assessment District, may be increased by an order of the Common Council, provided that October 18, 2001 6 the Common Council shall, after a public hearing is held in the manner prescribed by Section 4 hereof, adopt a resolution determining that it is in the public interest to authorize the increase of such maximum amount. Section 9. After the establishment of the Benefit Assessment District, whenever it shall determine it to be in the public interest after a public hearing in the manner prescribed by Section 4 hereof, the Common Council may provide for additional local vehicular traffic improvements to be made in and for the Benefit Assessment District, as then extended. The Common Council shall cause a map and plan of the proposed local vehicular traffic improvements together with an estimate of the amount to be expended to be prepared. If the apportionment of the cost between the lands benefited and the City at large or the benefit assessment basis or formula proposed for the portion of the cost to be raised by benefit assessments of such additional local vehicular traffic improvements is proposed to be different than that set forth in the resolution specified in Section 7 hereof, the Common Council shall also cause to be prepared a report setting forth the new proposed apportionment of the cost between the lands benefited and the City at large for such additional local vehicular traffic improvements and, or, the new benefit assessment basis or formula, as applicable, and the reasons for such proposed new apportionment or benefit assessment basis or formula. When the map and plan and estimate of cost, and report, if applicable, has been completed, and filed in the office of the City Clerk, the Common Council shall call a public hearing thereon and cause a notice thereof to be published and served in the manner prescribed by Section 4 hereof. Such notice shall describe in general terms the proposed local improvements and new proposed apportionment of the cost between the lands benefited and the City at large of such additional local vehicular traffic improvements and, or the new proposed benefit assessment basis or formula, if applicable, shall specify the estimated maximum amount proposed to be expended thereof and shall state the time when and place where the Common Council will meet to hear all persons interested in the subject matter thereof. When and if the Common Council shall determine, after such hearing and upon the evidence given thereat, that the notice of the public hearing was published and served as hereinbefore provided and is otherwise sufficient, that it is in the public interest to make the proposed additional local vehicular traffic improvements at the proposed maximum amount, that the proposed new apportionment of cost between the lands benefited and the City at large of such additional local vehicular improvements and, or that the proposed new benefit assessment basis or formula, if applicable, is proper and just and equitable, the Common Council shall adopt a resolution approving such additional local vehicular traffic improvements and, if applicable, such new apportionment of the cost between the lands benefited and the City at large and such new benefit assessment basis or formula. If the Common Council shall determine that the notice of the hearing was not published and served as hereinbefore provided or is not sufficient, that the additional local vehicular traffic improvements proposed, the maximum amount proposed to be expended for the additional local vehicular traffic improvements, the proposed apportionment of the cost of such local improvements to be assessed upon the lands benefited thereby and the City at large and the new proposed benefit assessment basis or formula, if applicable, are not proper or just and equitable the Common Council shall specify the necessary changes in such proposed October 18, 2001 7 local vehicular traffic improvements, maximum amount, apportionment of cost or benefit assessment basis or formula, and shall call a further hearing in the manner set forth in Section 4 hereof. Such further hearing shall be conducted in the same manner as the original hearing. If the apportionment of the cost between the lands benefited and the City at large or the benefit assessment basis or formula for the portion of the cost to be raised by benefit assessments of such additional local vehicular traffic improvements is proposed to be different than that set forth in the resolution specified in Section 7 hereof, the Common Council shall also cause to be prepared a report setting forth the new proposed apportionment of the cost between the lands benefited and the City at large for such additional local vehicular traffic improvements and, or, the new benefit assessment basis or formula, as applicable, and the reasons for such proposed new apportionment or benefit assessment basis or formula. Section 10. (a) When the cost of any such local vehicular traffic improvements, or any phase thereof, has been determined the Common Council shall assess the part of the cost to be raised by benefit assessment upon the lands in the Benefit Assessment District, as extended, and file a copy of such apportionment and assessment in the office of the City Clerk. After making such assessment the Common Council shall adopt a resolution calling a public hearing thereon and shall publish in the official paper and serve upon each owner of real property within the Benefit Assessment District and extension, as shown upon the most recently completed assessment role of the City, by first class mail, at least ten days before the public hearing, a notice of the filing of such assessment, and that at a specified time and place a hearing will be had to review and complete the same, and that the said assessment may be examined by any person interested therein at the office of the City Clerk during usual business hours prior to such public hearing. The Common Council shall meet at the time and place specified in such notice and hear objections to such assessment. The Common Council may modify and correct the same, but no assessment shall be increased without further notice to the owner in the manner aforesaid and an opportunity to be heard at a further public hearing which shall be noticed and served as set forth above. The Common Council may adjourn the hearing from time to time without further published or personal notice and, as soon as practicable, shall complete the said assessment and file the same in the office of the City Clerk, and publish notice of such completion and filing in the official paper, and any person deeming himself or herself aggrieved thereby may, within fifteen days after the filing of such assessment, apply to a court of record for an order of certiorari to review said assessment. The assessment shall be deemed final and conclusive unless such an application has been made within such fifteen days. (b) The expense of acquiring or constructing any such local vehicular traffic improvements may be raised in an entire amount or in installments as the Common Council may determine. The annual expense of maintaining such local vehicular traffic improvements, if any, shall be raised annually. Section 11. If any clause, sentence, paragraph, subdivision, section, or part of this local law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent October 18, 2001 8 jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order of judgment shall be rendered. Section 12. This local law shall take effect immediately upon filing with the Secretary of State. Alderperson Vaughan stated that she did not participate in any discussion preceding this vote, and that she will recuse herself from voting, as she owns property within the proposed benefit assessment district. Alderperson Manos stated that she did not participate in any discussion preceding this vote, and that she too will recuse herself from voting, as her husband owns property within the proposed benefit assessment district. A vote on the Local Law resulted as follows: Ayes (7) Pryor, Sams, Farrell, Blumenthal, Spielholz, Hershey, Taylor Nays (0) Recusals (2) Vaughan, Manos Carried ADJOURNMENT: On a motion the meeting adjourned at 9:15 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor