Common Council Meeting -- 04.17.2024

LEGISLATION IN COMMITTEE OF THE WHOLE City of Utica Common Council April 17, 2024 Type & Number Title/Description Date Committed PRO. RES. 3 Appropriation of Spending 01/17/2024 PRO. ORD. 5 Sale of URA Property 01/17/2024 PRO. ORD. 6 Amending Sec. 2-2-104 01/17/2024 PRO. ORD. 9 Public Cannabis Consumption 02/07/2024 PRO. ORD 3 No Parking at All Times 04/03/2024 PRO. ORD. 5 Sale of URA Property 04/03/2024 PRO. ORD. 7 Sale of URA Property 04/03/2024 PRO. RES. 9 Public Hearing on Zoning Amendments 04/03/2024 PRO. ORD. 10 Adding Sec. 2-29-361 04/03/2024 PRO. ORD 11 Amending Zoning Use Table 04/03/2024 PRO. ORD. 12 Amending Zoning Map 04/03/2024 PRO. ORD. 13 Amending Zoning Map 04/03/2024 PRO. ORD. 14 Rescinding Moratorium 04/03/2024  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 01 / 09 / 24 Proposed Resolution No. 3 Sent to Council Attorney on 01 / 09 / 24 Thursday Rule Waiver Required? N Date of Legislation: 01 / 17 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Colosimo-Testa An audit into the appropriation of spending in regards to ALL paving, including, streets, sidewalks, parking lots, etc., for the years of 2021-2023 in the City of Utica. WHEREAS, the council has been asked to appropriate additional funding in regards to paving, and where no answers have been given into who approved the authorization in additional paving and, WHEREAS, it is the council’s financial responsibility to investigate, and thoroughly understand how additional funds were spent, who authorized the additional spending, and why additional funds were spent. NOW THEREFORE BE IT RESOLVED, that the common council request an investigation, an audit into the contracts that were entered for paving, including ARPA spending, paving regarding the local law, and any additional paving, associated with the 2021-2023 years, and it include, the Comptroller, council ARPA spending, Engineering, Mayor, and any other department involved and, BE IT FURTHER RESOLVED, that a report be given to the committee of the whole, for further recommendations and explanation into the findings of the audit. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: URA Proposed Ordinance No. 5 Submitted to council on: 12 / 29 / 23 Proposed Resolution No. Sent to Council Attorney on: 12 / 29 / 23 Thursday Rule Waiver Required? N Date of Legislation: 01 / 17 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson Ordinance approving the designation of Masonic Medical Research Institute as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 318.8-1-41 Division Street, 318.8-1-42, 318.8-1-43, 318.8-1-47 Water Street., 318.8-1-45, 14-18, 26-28 & 30-34 Whitesboro Street WHEREAS, The Utica Urban Renewal Agency has acquired 318.8-1-41 Division St, 318.8-1-42, 318.8-1- 43, 318.8-1-47 Water St., 318.8-1-45, 14-18, 26-28 & 30-34 Whitesboro St.; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said area to prospective developers, pursuant to the requirements set forth in Article 15, Section 507, of the General Municipal Laws of the State of New York; and WHEREAS, a purchase offer for this property has been received by the Utica Urban Renewal Agency from Masonic Medical Research Institute; and the developer proposes to purchase 318.8-1-41 Division St, 318.8-1-42, 318.8-1-43, 318.8-1-47 Water St., 318.8-1-45, 14-18, 26-28 & 30-34 Whitesboro St. to construct a 100,000 (+) square foot research laboratory; and the purchase will require the payment of $135,000.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract for sale with the aforementioned developer subject to the buyer meeting all applicable terms and conditions relative to the sale of subject development including the approval of the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency published a public hearing notice which described all relevant terms and conditions of the proposed sale of said disposition parcel, and further provided for a public hearing before the Utica Common Council, all in accordance with Article 15, of the General Municipal Law of the State of New York; and WHEREAS, On Wednesday, February 7, 2024 a public hearing was held before the Utica Common Council, and the public was given the opportunity to ask questions, and offer comments relative to the proposed sale, and subsequent development of the aforesaid property; and the proposed project purchase offer is consistent with the terms and conditions set forth in the Utica Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER BE IT ORDAINED: That the purchase price for the above said property is $135,000.00; and FURTHER BE IT ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Councilmember LoMedico, Burmaster Proposed Ordinance No. 6 Submitted to council on: 01 11 / 24 Proposed Resolution No. Sent to Council Attorney on: 01 / 11 / 24 Thursday Rule Waiver Required? N Date of Legislation: 01 / 17 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers LoMedico, Burmaster AN ORDINANCE AMENDING SECTION 2-2-104 OF THE UTICA CITY CODE BY ADDING PARAGRAPH (D) BE IT ORDAINED, by the Common Council of the City of Utica does hereby amend Section 2-2-104 of the Utica City Code as follows: Chapter 2-2 Administration Article IV Finance Sec. 2-2-104 Capital Reserve Fund to Finance Paving (a) Pursuant to § 6-c of the General Municipal Law, as amended, there is hereby established a capital reserve fund, to be known as the “Paving Reserve Fund” (hereinafter referred to as “Reserve Fund”). The purpose of this Reserve Fund is to finance the cost of a type of capital improvement. The type of capital improvement to be financed from the Reserve Fund is paving. (b) The chief fiscal officer is hereby directed to deposit and secure the moneys of this Reserve Fund in the manner provided by § 10 of the General Municipal Law. The chief fiscal officer may invest the moneys in the Reserve Fund in the manner provided by § 11 of the General Municipal Law, and consistent with the investment policy of the City of Utica. Any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of the Reserve Fund. The chief fiscal officer shall account for the Reserve Fund in a manner which maintains the separate identity of the Reserve Fund and shows the date and amount of each sum paid into the Fund, interest earned by the Fund, capital gains or losses resulting from the sale of investments of the Fund, showing cash balance and a schedule of investments, and shall, at the end of each fiscal year, render to the Board of Estimate and Apportionment a detailed report of the operations and condition of the Reserve Fund. (c) Except as otherwise provided by law, expenditures from this Reserve Fund shall be made only for the purpose for which the Reserve Fund is established. No expenditures shall be made from this Reserve Fund without the approval of the Board of Estimate and Apportionment and such additional actions or proceedings as may be required by § 6-c of the General Municipal Law, or any other law.  (d) Notwithstanding the provisions set forth in section (c) above, should the City Engineer become aware that the cost of going forth with the year’s paving plan will exceed the funds available, and if the Administration desires to complete said paving plan with additional allocation of funds or bonding thereof, the Administration may do so with express consent of the Common Council prior to the encumbrance of additional debt to the City of Utica. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: LAW Proposed Ordinance No. 9 Submitted to council on: 02 / 05 / 24 Proposed Resolution No. Sent to Council Attorney on: 02 / 05 / 24 Thursday Rule Waiver Required? N Date of Legislation: 02 / 7 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson ORDINANCE PROHIBITING THE PUBLIC CONSUMPTION OF CANNABIS BE IT ORDAINED, that Article VII, Chapter 2-15, Division I of the Utica Code of Ordinances shall be amended by adding Section 2-15-47, entitled “PUBLIC CANNABIS CONSUMPTION”, to read as follows: Section 2-15-47 Public Cannabis Consumption (a) Legislative Intent. It is the intent of the City, as an exercise of its police power, to promote the general health, safety and welfare of the residents and inhabitants of the City by enacting this section since it is the finding of the Common Council that cannabis use and smoke is disruptive and harmful to non-cannabis users and contributes to the creation of nuisances including, but not limited to, public intoxication, littering and raucous or other disorderly behavior. (b) Definitions. In this section, the following definitions shall apply: SMOKING The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains cannabis as defined in Section 222.00 of the Penal Law, or cannabinoid hemp as defined in the Section 3 of the Cannabis Law. VAPING The use of an electronic cigarette which contains cannabis as defined in the penal law, or cannabinoid hemp as defined in the cannabis law. PUBLIC PLACE Any highway, street, park, sidewalk, cemetery, playground, parking area, school ground, transportation facilities, places of amusement, outdoor patios of restaurants and bars, exterior premises and adjoining property of any building duly licensed to sell marijuana within the building or other public place of any nature within the limits of the City. (c) Prohibition. The use and smoking and/or vaping of cannabis while such person is in or upon any public place as defined in Section 2-15-47(b) is strictly prohibited. (d) Violations. Any person who violates any of the requirements of this section or any regulation promulgated hereunder shall be subject to the fines and/or penalties set forth in the Utica Code of Ordinances, Section 2- 1-7. FURTHER ORDAINED, that this Ordinance shall take effect immediately. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: UPD Proposed Ordinance No. 3 Submitted to council on: 04 / 01 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 01 / 24 Thursday Rule Waiver Required? N Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello NO PARKING AT ALL TIMES BE IT ORDAINED, Sec. 2-16-360 Schedule E: No parking at all times. • On Broadway from Lafayette Street to Columbia Street along the Western curb line, no parking anytime. Added (4.3.24) MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 M. Giruzzi  Submitted to council by: URA Proposed Ordinance No. 5 Submitted to council on: 04 / 01 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 01 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin Ordinance approving the designation of A & D Investment, LLC as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 318.64-1-7 Mulberry Street WHEREAS, The Utica Urban Renewal Agency has acquired 318.64-1-7 Mulberry Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said area to prospective developers, pursuant to the requirements set forth in Article 15, Section 507, of the General Municipal Laws of the State of New York; and WHEREAS, a purchase offer for this property has been received by the Utica Urban Renewal Agency from A & D Investment, LLC; and the developer proposes to purchase a lot known as 318.64-1-7 Mulberry Street to consolidate with his adjacent property and construct a deck; and the purchase will require the payment of $250.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract for sale with the aforementioned developer subject to the buyer meeting all applicable terms and conditions relative to the sale of subject development including the approval of the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency published a public hearing notice which described all relevant terms and conditions of the proposed sale of said disposition parcel, and further provided for a public hearing before the Utica Common Council, all in accordance with Article 15, of the General Municipal Law of the State of New York; and WHEREAS, On Wednesday, April 17, 2024 a public hearing was held before the Utica Common Council, and the public was given the opportunity to ask questions, and offer comments relative to the proposed sale, and subsequent development of the aforesaid property; and the proposed project purchase offer is consistent with the terms and conditions set forth in the Utica Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER BE IT ORDAINED: That the purchase price for the above said property is $250.00; and FURTHER BE IT ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: URA Proposed Ordinance No. 7 Submitted to council on: 04 / 01 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 01 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin Ordinance approving the designation of Hernan Nivicela as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1233 Steuben Street & 318.74-1-7 Leah Street WHEREAS, The Utica Urban Renewal Agency has acquired 1233 Steuben Street & 318.74-1-7 Leah Street; and WHEREAS, The Utica Urban Renewal Agency is authorized to sell development parcels in said area to prospective developers, pursuant to the requirements set forth in Article 15, Section 507, of the General Municipal Laws of the State of New York; and WHEREAS, a purchase offer for this property has been received by the Utica Urban Renewal Agency from Hernan Nivicela; and the developer proposes to purchase 1233 Steuben Street & 318.74-1-7 Leah Street to renovate for primary residence and consolidate the lot with the property; and the purchase will require the payment of $23,000.00; and WHEREAS, The Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract for sale with the aforementioned developer subject to the buyer meeting all applicable terms and conditions relative to the sale of subject development including the approval of the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency published a public hearing notice which described all relevant terms and conditions of the proposed sale of said disposition parcel, and further provided for a public hearing before the Utica Common Council, all in accordance with Article 15, of the General Municipal Law of the State of New York; and WHEREAS, On Wednesday, April 17, 2024 a public hearing was held before the Utica Common Council, and the public was given the opportunity to ask questions, and offer comments relative to the proposed sale, and subsequent development of the aforesaid property; and the proposed project purchase offer is consistent with the terms and conditions set forth in the Utica Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER BE IT ORDAINED: That the purchase price for the above said property is $23,000.00; and FURTHER BE IT ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Corp. Counsel Proposed Ordinance No. Submitted to council on: 04 / 03 / 24 Proposed Resolution No. 9 Sent to Council Attorney on: 04 / 03 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson RESOLUTION PROVIDING FOR PUBLIC HEARING ON A ZONING AMENDMEMENT WHEREAS, the Utica Common Council proposed amendments to the zoning ordinance concerning the locations of marijuana dispensaries/retail and specific special use criteria for marijuana dispensaries/retail, and WHEREAS, the proposed amendments were referred to the planning board on April 3, 2023 for a report thereon, and WHEREAS, the City of Utica Zoning Ordinance requires that before any amendment, supplement or change in the text there shall be a public notice and hearing, and WHEREAS, the City Clerk shall cause to be published a public hearing notice at least two (2) times not less than ten (10) days before the public hearing, and it is NOW, THEREFORE BE IT RESOLVED, that the Utica Common Council shall conduct a public hearing on the proposed amendments at its regular meeting on ________, 2024, at 7:00 p.m. in the Common Council Chambers, One Kennedy Plaza, Utica, New York, to provide the public with an opportunity to ask questions and offer comments on the proposed zoning text amendment. Immediately after the public hearing, the Utica Common Council may consider legislation that will amend the zoning ordinance concerning the locations of marijuana dispensaries/retail and specific special use criteria for marijuana dispensaries/retail. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Corp. Counsel Proposed Ordinance No. 10 Submitted to council on: 04 / 03 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 03 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson ORDINANCE ADDING SECTION 2-29-361 OF THE UTICA CITY CODE OF ORDINANCES BE IT ORDAINED, that Section 2-29 “Supplemental Regulations” of the Code of Ordinances is hereby amended by adding Section 2-29-361, entitled “Marijuana Dispensaries/Retail”, to read as follows: (a) Applicability. (1) These regulations shall apply to all structures and/or uses related to marijuana retail Dispensaries. All marijuana retail dispensaries established in the City of Utica shall be in compliance with the provisions of this section. (2) Every marijuana retail dispensary shall apply to the City of Utica Planning Board for a special use permit and site plan approval for that use prior to commencing any work on the site related to the development of such a use. All such reviews shall be governed by all applicable sections of the City of Utica Zoning Code, other applicable provisions of the City Charter. (b) Zoning District. Marijuana retail dispensaries shall only be allowed in areas as set forth Marijuana Dispensaries/retail overlay district subject to site plan review and issuance of a special use permit by the City of Utica Planning Board and further subject to the regulations set forth in this section. (c) Specific Special use criteria for marijuana retail dispensaries. As part of any review by the Planning Board under this subsection, the following shall be submitted and/or considered by the Planning Board as part of its review of any special use permits for marijuana retail dispensaries: (1) Marijuana retail dispensaries must be fully enclosed and shall be located within a permanent building and may not be located in a trailer, cargo container, motor vehicle or other similar nonpermanent enclosure. (2) No outside storage of marijuana, related supplies or promotional materials is permitted. (3) No smoking or consumption of any product containing marijuana or marijuana- related products shall be permitted on the premises of a marijuana retail dispensary. No burning of any product containing marijuana or marijuana-related products shall be permitted on the premises of a marijuana retail dispensary.  (4) Each special permit use shall not include the display of signs, noise, fumes, or lights that will hinder normal development of the zoning district or impair the use, enjoyment, and character of adjacent land and buildings. (5) The application shall include a site plan and fully dimensioned diagram or floor plan showing planned occupancy or use of all areas, including exits, fire prevention measures, windows, ventilation, and doors as well as any other factors determined to be necessary and appropriate by the Planning Board. (6) Security measures shall be implemented which are sufficient to ensure that no unauthorized persons can gain access to the building and outdoor activity areas. Such measures shall be described in detail in the special permit application. (7) Subject to applicable law, as a part of any special use permit application to the Planning Board, copies of all information submitted to the State of New York in application for a license to operate under the Marihuana Regulation and Taxation Act shall be submitted as part of the special permit application. (8) All special use permits issued under this subsection shall contain a condition that the use shall not operate, and the special use permit shall not be valid, until the applicant has obtained all licenses and permits issued by the State of New York and any of its agencies. (9) A special use permit granted under this subsection shall have a term limited to the duration of the applicant's use of the premises as a licensed operator. A special use permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special use permit. (10) Any violation of this section shall be grounds for revocation of a special use permit issued under this section. (11) A revocation of the respective license by the state shall be grounds for revocation of the special use permit. (12) Hours of operation for these uses shall be set by the Planning Board in its complete and total discretion. (13) No image depicting any part of a marijuana plant or any product or use of the marijuana plant shall be allowed on the sign. BE IT FURTHER ORDAINED, that this Ordinance shall take effect immediately. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Corp. Counsel Proposed Ordinance No. 11 Submitted to council on: 04 / 03 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 03 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson ORDINANCE AMENDING ZONING CODE USE TABLE FOR MARIJUANA DISPENSARIES/RETAIL BE IT ORDAINED, § 2-29-125 of the Utica City Code is hereby amended by adding the entry “X” for Marijuana Dispensaries/Retail in the Supplemental Regulations. BE IT FURTHER ORDAINED, that this Ordinance shall take effect immediately. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Corp. Counsel Proposed Ordinance No. 12 Submitted to council on: 04 / 03 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 03 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson ORDINANCE AMENDING ZONING MAP AND DISTRICTS FOR MARIJUANA DISPENSARIES/RETAIL BE IT ORDAINED, § 2-29-113(b) of the Utica City Code is hereby amended by adding a new overlay district to read as follows: (b) The City of Utica contains the following overlay districts. Overlay districts supplement and may modify the uses of the underlying zoning district. Unless specifically modified by the overlay, all the uses in the underlying district are permitted subject to all the other provisions of this chapter. (1) Planned Development District - PDD. (2) Marijuana Dispensaries/retail District - MDD See attached Map BE IT FURTHER ORDAINED, that this Ordinance shall take effect immediately. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Corp. Counsel Proposed Ordinance No. 13 Submitted to council on: 04 / 03 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 03 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson ORDINANCE AMENDING ZONING MAP AND DISTRICTS FOR MARIJUANA DISPENSARIES/RETAIL BE IT ORDAINED, § 2-29-114 of the Utica City Code is hereby amended by adding the following: (k) Marijuana Dispensaries/retail. The marijuana dispensaries/retail district is intended to provide for the placement and regulation of Adult Use Marijuana Establishment Retailers as authorized pursuant to the State Marihuana Regulation and Taxation Act (MRTA) and regulations with the goal of regulation of time, place and manner activity and minimizing potential adverse impacts on adjacent property owners, neighborhood and the city in general. BE IT FURTHER ORDAINED, that this Ordinance shall take effect immediately. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Corp. Counsel Proposed Ordinance No. 14 Submitted to council on: 04 / 03 / 24 Proposed Resolution No. Sent to Council Attorney on: 04 / 03 / 24 Thursday Rule Waiver Required? Date of Legislation: 04 / 03 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Burmaster, Williamson RESCIND ORDINANCE NUMBER 6 OF 2024 ENACTING A MORATORIUM ON MARIJUANA DISPENSARIES IN THE CITY OF UTICA WHERAS, the Common Council has amended the Zoning Ordinance of the City of Utica to address its concerns regarding the locations of marijuana dispensaries/retail, therefore eliminating the necessity of a moratorium. THEREFORE, BE IT ORDAINED, that the Common Council of the City of Utica rescinds Ordinance Number 6 of 2024 enacting a moratorium on marijuana dispensaries/retail. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi