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HomeMy WebLinkAbout07-17-13 Special Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Special meeting of Common Council will be held on Wednesday, July 17, 2013 at 6:00 p.m. in Common Council Chambers, City Hall, 108 East Green Street, Ithaca. Your attendance is requested AGENDA 1. SPECIAL ORDER OF BUSINESS: 1.1 Presentation from Sidewalk Task Force: A. Fact Sheet: B. City of Ithaca Local Law Concerning Sidewalk Improvement Districts C. Proposed Sidewalk Improvement Districts Map 2. NEW BUSINESS: 3. 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 City Clerk Dated: July 11, 2013 1 Sidewalk Task Force Fact Sheet City of Ithaca Local Law Concerning Sidewalk Improvement Districts • Summary of Current Policy. o Under the City’s current policy, the abutting property owner is responsible for full sidewalk construction and repair costs. This policy has led to the construction of very little new sidewalk in the last twenty years (and owner resistance to sidewalk construction projects). The enforcement of the repair policy is administratively difficult and leads to repair delays. The Mayor convened a Sidewalk Task Force, chaired by the City Attorney, in February 2013 to address these problems. • Task Force Objectives for a New System of Sidewalk Financing. o Reduced regressivity of the current system. o Continued inclusion of tax-exempt owners in a new system of financing. o Smoothed-out, predictable sidewalk costs for property owners. o Reduced disincentive to new construction; sidewalk treated as a public good. o Improved sidewalk repair record in a simple and efficient system. • Creation of Sidewalk Improvement Districts. o The Task Force recommends the creation of five sidewalk benefit assessment districts (each a “Sidewalk Improvement District” or “SID”). All property in the City is included in the proposed districts, with the exception of most of the U-1 zone, where most sidewalks front on private roads and are well maintained by the property owner. A map has been created outlining the proposed districts. o All lots in the districts, including those lots that are exempt from property taxes, will be subject to the assessments. The money raised in each district must be used solely for work performed in that district; thus, while the amount raised in each district will vary, the property owners in each district will be assessed proportionately to the scope and cost of work occurring in that district. • Proposed Assessment Formula. o Low-Foot-Traffic Lots (see below) will pay an Annual Maintenance Fee of $70. All other lots will pay an Annual Maintenance Fee of $140, plus a Square Footage Fee ($0.015 per square foot of buildings on a lot) and a Frontage Fee ($30 for each 50 feet of lot frontage or portion thereof). CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant 2 o Low-Foot-Traffic Lots will consist of one- and two-family residences. A lot’s eligibility will be determined by the Property Type Classification Code assigned to it by the Tompkins County Department of Assessment. These codes are established by the New York State Office of Real Property Services. o Lots which have or had sidewalk construction or repair work performed at the owner’s expense will be eligible for a reduction in the assessment (1/20 of the amount of the work, subject to a cap, in each of the twenty years following completion of the work). The Dept. of Public Works shall review applications for the reduction; the owner may appeal to the Board of Public Works. o The proposed assessment formula will raise a total of approximately $600,000 (+/- $50,000) per year, with amounts varying by district. We estimate that this will replace and exceed City-wide sidewalk work currently performed by both City crews and private contractors. The formula can be amended via future local laws. The City can bond against the assessment for capital-intensive projects. • Determination of Budget and Work to be Performed. o Council will approve the funding and work to be performed as part of the normal budget process. BPW will recommend a budget and schedule of work to Council. BPW will likely want to invite the public to submit work suggestions year-round, with BPW holding meetings in the winter months to discuss these suggestions. Council will hopefully also engage with their constituents regarding needed work. o Once the formula and assessments are approved by Council, the assessments will be liens on the properties assessed, administered by the Tompkins County Department of Assessment, and collected with City property taxes. o Sidewalk curb cuts and accessibility ramps will be included in district work and funded by district assessments. Driveway cuts and aprons will not be included. o The Local Law expressly preserves the right of the City (via Council, BPW or the Planning and Development Board) to require the construction or repair of sidewalk at the cost of the property owner as part of the site plan review process. Such work may not be used to reduce the property’s future SID assessments. • Application of Current Policy and Savings Clause. o The law governing the SIDs will replace the current sidewalk assessment policy as § C-73 in the Charter; the current sidewalk policy contained in that section will be redesignated as § C-73.1. The current policy will apply to any lot not located in a SID or otherwise not subject to a SID assessment under the new policy. • Manner of Enactment and Permissive Referendum. o The SIDs must be created by local law subject to permissive referendum. 1 Local Law No. ____-2013 A local law entitled the “City of Ithaca Local Law Concerning Sidewalk Improvement Districts.” WHEREAS the City’s current sidewalk policy, in which the full cost of sidewalk construction and repair is assessed against the abutting property owner, results in unpredictable, large, lump-sum charges against property owners, and as a result has discouraged the construction and repair of sidewalk throughout the City, and WHEREAS a comprehensive and high-quality network of sidewalks is beneficial to residents, businesses, organizations, and individual property owners beyond the abutting property owners, and WHEREAS pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements, BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. Under the City’s current policy, the abutting property owner is responsible for the full sidewalk construction and repair costs. This policy has led to the construction of very little new sidewalk in the last twenty years, and the enforcement of the repair policy is administratively difficult and leads to repair delays. 2 The Common Council makes the following findings of fact: A. Residents, businesses, organizations, and individual property owners beyond the abutting property owner are benefited by a comprehensive and high-quality network of sidewalks. B. Abutting property owners are better served by paying an annual assessment for the construction and repair of sidewalks near their property, rather than face unpredictable, large, lump-sum assessments for construction and repair of abutting sidewalk. C. Sidewalks are appropriately designated as a local improvement for which property owners may be assessed in proportion to the benefit the property receives, and such assessments are necessary to defray the cost of construction and maintenance of sidewalk in the City. The Common Council finds that the creation of several Sidewalk Improvement Districts is the most efficient and effective way to meet the need for sidewalk construction and repair and to recognize the proportional benefits and enhanced property value received by property owners due to such work. The Common Council also considers sidewalk accessibility to be an important goal that is supported by this local law. Section 2. Charter Definition Amendments. Section C-114(A) of the Ithaca City Charter is hereby amended as follows: LOCAL IMPROVEMENT Any public improvement or work, the expense of which is directed by the Common Council to be assessed in whole or in part upon the property or properties deemed benefited. 3 TAX In addition to its usual meaning, includes water rents or rates[ and assessments or reassessments for local improvements]. Section 3. Previous Sidewalk Assessment Policy. Existing Section C-73 of the City Charter is hereby redesignated as Section C-73.1, entitled “Sidewalks Not Included in Sidewalk Improvement Districts,” and is amended to include a new subsection F as follows: F. Those provisions of this Section C-73.1 compelling owner construction or repair of sidewalk shall not apply to lots or parcels located in a Sidewalk Improvement District and subject to an assessment for work performed in that District pursuant to Section C-73 of the Charter; provided, however, that this Section and related provisions in the City Code shall continue to apply to the construction or repair of driveway cuts or aprons regardless of whether a lot or parcel is located in a District or is subject to such an assessment; and provided further that should a court of competent jurisdiction hold, or the City so concede, that Section C-73 of the Charter in its entirety or any District created by that Section in particular is invalid or unconstitutional, or that any particular property within any District is not subject to that Section, any property thereby determined not to be subject to Sidewalk Improvement District assessments pursuant to Section C-73 shall be subject to the provisions regarding sidewalk construction or repair set forth in this Section C-73.1. 4 Section 4. Sidewalk Improvement Districts. Section C-73 of the City Charter is hereby renamed “Sidewalk Improvement Districts,” and is amended to read as follows: A. Establishment of Sidewalk Improvement Districts; Map. (1) The City is hereby divided into five (5) Sidewalk Improvement Districts (“Districts” or “SIDs”): District #1, District #2, District #3, District #4, and District #5. The Districts are bounded as shown on the map titled “Official Sidewalk Improvement District Map of the City of Ithaca, New York” (hereinafter “SID Map”), and which accompanies in printed format and is hereby made part of this Section. (2) The Superintendent of Public Works or his or her designee shall prepare, maintain, and keep current the SID Map in accordance with amendments made thereon pursuant to action of the Common Council. (3) Where uncertainty exists with respect to the boundaries of the aforesaid districts as shown on the SID Map, the rules established for interpreting the Official Zoning Map as set forth in Section 325-6 of the City Code shall be used to interpret the SID Map. B. Construction or Repair of Sidewalks in Districts. (1) The Board of Public Works shall recommend, subject to amendment and approval by the Common Council, a budget and a schedule of Sidewalk Construction or Repair to be performed in 5 each SID as part of the City’s budget for each fiscal year; provided, however, that the budget for the first fiscal year following the year of enactment of this Local Law shall be recommended and approved on such schedule as deemed practicable by the Board of Public Works and Common Council. The Board shall have the authority to include in such budget all or any portion of the cost for past sidewalk construction or repair performed by the City on a property located in and subject to assessments as part of a SID, so long as said cost has not been assessed upon the abutting property owner prior to the effective date of this Section. Along with such budget and schedule of work, the Board shall recommend to Council any adjustments it deems desirable to the assessment formula set forth in Subsection C hereof. Such budget may include the issuing of, and payment of the maturing principal of and interest on, any obligation issued pursuant to the Local Finance Law for the purpose of financing the construction or repair of sidewalks pursuant to this Section. (2) Before the budget and schedule of work required by Subsection B hereof are given final approval by the Board, the City Clerk shall give notice by publication three (3) times in a local newspaper of a public hearing thereon on a date specified, which date shall not be less than ten (10) days from the first publication. Before the date of public hearing, any person may file with the City Clerk written 6 objections to such budget or schedule of work or any part thereof, which objections shall be presented to the Board before action shall be taken on such budget and schedule of work. At the time so appointed or at such other time to which it may adjourn for that purpose, the Board may hear the allegations of any person interested who shall have filed such objections and may take proof in relation thereto. Such allegations and proofs shall be confined to the matters stated in such written objections. The Board may thereupon alter or correct any assessment as justice may require, finally approve the same and file a schedule thereof with the Common Council, which may amend and confirm the same by local law after a public hearing, and if so confirmed, the amount of each assessment as derived from the Assessment Formula shall be a lien upon the real property so assessed. Such assessments and, if required, any reassessments, shall be collected in the manner provided for the enforcement, levy, and collection of City taxes, and, when they remain unpaid, shall be added to the annual City tax on the property so assessed. (3) The Board of Public Works or Common Council may include construction or repair of sidewalk curb cuts and curb accessibility ramps in the local improvements to be made in a SID. The Board of Public Works or Common Council shall not include construction or 7 repair of driveway cuts or aprons, which shall remain the financial responsibility of the abutting property owner. (4) Work performed in a SID pursuant to this Section shall be deemed a local improvement, and Common Council declares and finds that the Assessment Formula in Subsection C assesses each property in each District in proportion to the benefit received by that property from the construction and repair of sidewalks in its respective SID, and that such assessments are necessary to defray the cost of construction and repair of sidewalk in the respective SIDs. (5) Nothing herein shall be construed to modify or alter any power of the Common Council, Board of Public Works, or Planning and Development Board to require a property owner to bear the full cost of sidewalk construction or repair as part of the site plan review process pursuant to Chapter 276 of the City Code, regardless of whether said property is located within a SID. 8 C. Assessment Formula. (1) Definitions. ANNUAL MAINTENANCE FEE The Annual Maintenance Fee for Low-Foot-Traffic Lots is seventy dollars ($70.00); for all other Lots, it is one hundred and forty dollars ($140.00). COST OF PAST WORK The total sum, including labor and materials, actually paid for Past Work; provided, however, that none of the following shall be included: (i) costs exceeding fifteen dollars ($15.00) per square foot of Past Work completed; or, (ii) any overhead fee, interests or penalties imposed for failure to perform Sidewalk Construction or Repair pursuant to the Charter or City Code, including but not limited to Section C- 73.1(E) of the Charter. FRONT FEET The frontage of a Lot or the distance between side lot lines measured along the line of the street or streets. LOT Lot or parcel of land, as set forth by the current City of Ithaca Tax Maps on file with the Tompkins County Department of Assessment. 9 LOW-FOOT-TRAFFIC LOTS Those Lots with a Property Class Code of 210, 215, 220, or 270, or substantially identical successor designations. PAST WORK Sidewalk Construction or Repair performed at the cost of the property owner on a Lot located in and subject to assessments as part of a Sidewalk Improvement District, and permitted by and performed in accordance with the general drawings and specifications established by the Office of City Engineer; provided further that work completed as required by a site plan review pursuant to Chapter 276 of the City Code is excluded. PROPERTY CLASS CODE The property type classification code, as defined by the New York State Office of Real Property Services in the Assessors’ Manual, assigned to a Lot by the Tompkins County Department of Assessment, as may be updated by that Department from time to time. SIDEWALK CONSTRUCTION OR REPAIR Construction or repair of any public sidewalk or footpath intended for the use of pedestrians in a City park or approximately following along the line of the street or streets upon which the Lot fronts, including but not limited to 10 sidewalk curb cuts and curb accessibility ramps; provided, however, that the construction or repair of driveway cuts, aprons, or a pedestrian mall (as that term is defined in Section C-89(B) of the Charter) is excluded. SQUARE FOOTAGE The total square footage of all buildings on a Lot as recorded by the Tompkins County Department of Assessment. (2) Each Lot in a SID shall be annually assessed for work to be performed in the district as follows: Annual Maintenance Fee plus Square Footage Fee plus Frontage Fee less Past Work Reduction. (a) Square Footage Fee. The Square Footage Fee for all Low- Foot-Traffic Lots shall be $0.00. For all other Lots, the Lot’s Square Footage Fee shall be equal to the Lot’s Square Footage times $0.015. (b) Frontage Fee. The Frontage Fee for all Low-Foot-Traffic Lots shall be $0.00. For all other Lots, the Frontage Fee shall be $30.00 for each fifty (50) feet of Front Feet or portion thereof. (c) Past Work Reduction. A Lot’s assessment under this Section shall account for the Cost of Past Work performed on the Lot by deducting a Past Work Reduction as set forth herein. [1] A Lot is eligible for a reduction for twenty (20) years from the date the Past Work was substantially 11 completed (“Reduction Period”). In each year of the Reduction Period for which an assessment, if any, is made pursuant to this Section, the Lot’s Past Work Reduction shall be an amount equal to one-twentieth (1/20) of the Cost of Past Work. Should the allowable reduction for the Cost of Past Work be greater than a Lot’s assessment under this Section in any given year, the Lot owner shall not be entitled to the difference, and the difference shall not apply to the assessment for any other year. [2] The Lot owner must provide sufficient evidence to the Superintendent of Public Works or his or her designee of the nature of the Past Work performed, the Cost of the Past Work, and the date the Past Work was substantially completed. Such evidence must be provided no later than May 1 of the year preceding the fiscal year for which the owner seeks a Past Work reduction; provided, however, that in the first fiscal year following the year of enactment of this Local Law, such proof must be provided no later than the deadline, if any, established by the Board of Public Works, and if no such deadline is established, such proof must be provided no later than thirty (30) days 12 after the Board of Public Works first recommends a budget or schedule of work pursuant to Subsection (B)(1) of this Section. If the request is approved by the Superintendent of Public Works or his or her designee, the Past Work reduction shall automatically recur in each remaining year of the Reduction Period. The Lot owner may appeal the determination of the Superintendent of Public Works or his or her designee to the Board of Public Works at an open meeting thereafter. D. Appeals and Reassessments. (1) No action or proceeding to set aside, vacate, cancel, or annul any assessment for a local improvement shall be maintained, except for total want of jurisdiction to levy and assess the same on the part of the officer, officers, board, or body authorized by law to make such levy or assessment or to order the improvement on account of which the levy or assessment was made. In the event that a court of competent jurisdiction finds such total want of jurisdiction, this Section shall be deemed repealed, and the sidewalk assessment policy in Section C-73.1 of the Charter shall automatically take effect. (2) No action or proceedings shall be maintained to modify or reduce any assessment for a local improvement, except for fraud or 13 substantial error by reason of which the amount of such assessment is in substantial excess of the amount which should have been lawfully levied or assessed. (3) Any person or persons, jointly or severally, aggrieved by any determination of assessment for a local improvement pursuant to this Section may have the decision reviewed by the Supreme Court of New York in the manner provided by Article 78 of the Civil Practice Law and Rules. (4) Whenever any assessments made under the provisions of this Section shall be set aside or shall be decided by any court having jurisdiction thereof to have been improperly or illegally made or whenever it shall be ascertained that the proceedings under which said assessment has been made shall have been so far irregular and erroneous as to make the collection of such assessment illegal, then a reassessment shall be made with the same force and effect as if it had been an original assessment; provided, however, that in the event that no assessment is thereafter successfully levied, those properties affected shall be subject to Section C-73.1 of the Charter. Section 5. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall 14 not affect the validity of the remaining portions of this Local Law, except as otherwise provided in Section 3 and Section 4(D). Section 6. Effective and Operative Date. This Local Law shall take effect forty-five (45) days after its adoption, and after filing in the office of the Secretary of State. This Local Law is subject to referendum on petition pursuant to Municipal Home Rule Law Section 24. 1 2 3 4 5 Proposed Sidewalk Improvement Districts Legend Special Districts Waterway Parcels Border 1 inch = 1,500 feet² Map created by the City of Ithaca Engineering Division, June 2013