HomeMy WebLinkAboutMN-CC-2001-10-18
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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
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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.
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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
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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.
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(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
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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
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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
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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