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Planning, Economic Development and Land Use Committee

Regular Meeting

Albany, NY · September 9, 2024

AgendaMinutes

Minutes

ALBANY COMMON COUNCIL PLANNING, ECONOMIC DEVELOPMENT AND LAND USE COMMITTEE MINUTES Alfredo Balarin, Chair Meeting called by: Alfredo Balarin, Chair | Date: September 9, 2024 | Time: 5:33PM Committee Members Present: Balarin, Chair ☒ | Adams ☒ | Zamer ☒ | Hoey ☒ | Clarke ☒ Council Members Present: Flynn and Anane City Personnel Present: David Galin (Mayor's Chief of Staff), Brad Glass (Director of Planning), Avi Epstein (Principal Planner), Shaniqua Jackson (City Clerk), Jake Eisland (Research Counsel), Jason R. Thomas (Assistant Corporation Counsel), Bryan Jimenez (Legislative Director) Minutes Agenda Item(s):  USDO Annual Report Presentation  ORDINANCE 17.53.24 AN ORDINANCE REPEALING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS) OF THE CODE OF THE CITY OF ALBANY Public Comment:  Michael Kohn, 5 Crestwood Ct, Albany, NY 12208 – Support for Ordinance 17.53.24  Craig Earle, 5 Sherman St, Albany, NY 12210 – Support for Ordinance 17.53.24  Chris Pratt, 453 Madison Ave, Albany, NY 12210 – Support for Ordinance 17.53.24  Semel Kakumba, 462 Morris St, Albany, NY 12208 – Support for Ordinance 17.53.24  William "Tragedy" Yager, 12 Central Ave, Albany, NY 12210 – Support for Ordinance 17.53.24  Tiaira Brandon, 335 Central Ave, Albany, NY 12206 – Support for Ordinance 17.53.24  James Scott, 497 Washington Ave, Albany, NY 12206 – Support for Ordinance 17.53.24  Romario McDowell, 497 Washington Ave, Albany, NY 12206 – Support for Ordinance 17.53.24  Nubian Lawrence, 200 Green St, Albany, NY 12202 – Support for Ordinance 17.53.24 Discussion:  Director Glass and Principal Planner Epstein presented on the USDO Annual Report.  Council Member Hoey asked, based on the development reviews increasing, if the affordable housing ordinance has reduced the amount of development.  Council Member Hoey further asked if the Planning Department anticipates an increase in development as interest rates decrease and how soon the Council would need to consider the asks in the presentation for reducing workload on the department. Director Glass responded that he is not sure, but that some items coming before the Planning Board may not necessarily need Planning Board review and would lead to greater efficiency in the department if addressed. Director Glass also stated that the department is continuously monitoring developments in the city.  Council Member Zamer asked about the annual report's affordable housing chart to which Director Glass responded.  Council Member Zamer asked about the increase in area variance applications to which Director Glass responded.  Council Member Adams spoke on the USDO needing to be a flexible guideline for development in the city that reduces the review workload.  Council Member Anane o Thanked the Department of Planning for their review and presentation. o Asked for confirmation that subsidies would go before the IDA and zoning concerns would go before the Planning Board, to which Director Glass responded. o Asked if renderings of how the city should look through the USDO are easily accessible for developers, to which Director Glass responded. o Asked what occurs after an application expires.  Public comment was heard.  Council Member Flynn provided context for the introduction of the cabaret license repeal.  Council Member Adams provided additional context for the introduction of the cabaret license repeal.  Council Member Flynn spoke on public comment received in support for repeal.  Council Member Zamer o Asked what the main impetus was for the implementation of the cabaret license. o Asked for additional information on the letter submitted to committee members from Richard Conti. o Asked if there has been any fallout from New York City's cabaret repeal.  Council Member Balarin invited Director Glass to speak on the cabaret license law.  Director Glass provided some historic context for the implementation of the cabaret license law.  Council Member Zamer asked if the city had no other recourse to address the concerns that led to the cabaret license law to which Director Glass responded.  Council Member Hoey spoke on the Station nightclub fire in Rhode Island. Council Member Hoey additional asked the City Clerk to speak on the process for obtaining a cabaret license, to which City Clerk Jackson responded. The process was additionally discussed.  Council Member Flynn asked about the Armory and if it had previously been designated as an auditorium that contributed to concerns thereon, to which Director Glass responded.  Council Member Clarke asked if businesses go before the Planning Board now, to which Director Glass responded that the majority of the process was moved out of zoning and into the licensing.  Council Member Adams asked for council member concerns regarding the cabaret license law, whether there are concerns about public safety, music volume, the process, or other possible concerns. Council Member Adams additionally spoke in support for a full repeal of the cabaret license law.  Chief of Staff Galin spoke on the need for a cabaret license process.  Council Member Anane spoke on the cabaret license law and the need to improve the City of Albany's business environment. Council Member Anane spoke about the New York State Liquor Authority having a role in addressing concerns through their alcohol licensing.  Council Member Adams spoke on this meeting being on Instagram live and the comments received on cabaret law repeal.  At the direction of the Chair of the committee, Legislative Director Jimenez read the memorandum from former Council Member Richard Conti and the letter from the Albany Restaurant Association into the record. Adjourn: Council Member Hoey moved to adjourn, duly seconded by Council Member Zamer. The Chair declared the meeting adjourned at 7:43 PM. Respectfully Submitted, Bryan Jimenez Legislative Director

Agenda

COMMON COUNCIL MEETING PLANNING, ECONOMIC DEVELOPMENT AND LAND USE Alfredo Balarin, Chair DATE: MONDAY, SEPTEMBER 9, 2024 TIME: 5:30 PM LOCATION: Council Chambers-2nd Floor, City Hall TOPICS OF DISCUSSION:  USDO Annual Report Presentation  ORDINANCE 17.53.24 AN ORDINANCE REPEALING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS) OF THE CODE OF THE CITY OF ALBANY PUBLIC COMMENT PERIOD: YES Council Members Flynn and Adams introduced the following: ORDINANCE 17.53.24 AN ORDINANCE REPEALING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS) OF THE CODE OF THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Part 3 (Cabarets) of Chapter 111 (Amusements) of Part II (General Legislation) is hereby repealed in its entirety and replaced as follows: Part 3 (Reserved) Article VIII (Reserved) § 111-64 through § 111-83. (Reserved) Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 10TH DAY OF MAY, 2024 _______________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Senior Legislative Aide Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 9, 2024 Sponsor: Council Members Flynn and Adams ORDINANCE 17.53.24 TITLE AN ORDINANCE REPEALING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS) OF THE CODE OF THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION To repeal the restrictive application process for cabaret performances. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW Allows businesses to create additional recreational activities. FISCAL IMPACT(S) Cabaret licenses have certain fees associated with their issuance. The City would likely no longer collect such fees if cabaret licenses are no longer issued, but the full fiscal impact of this legislation has yet to be determined. Matter in strikethrough to be deleted. Matter underlined is new material.

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