Common Council Meeting -- 06.16.2021

LEGISLATION TO BE DISCUSSED IN PRE-MEETING CONFERENCE City of Utica Common Council June 16, 2021 RES. 1 Authorize Sale of Beer & Wine (Handshake.City) ORD. 2 Amend Chapter 2-14 (Re: Licenses) of Code of Ordinances ORD. 3 Amend Zoning with addition of former Sec. 2-29-605 ORD. 4 Amend Sec. 2-29-7 of Zoning RES. 5 Uptown Theatre Grant ORD. 6 Stop Sign (Highland Avenue) ORD. 7 No Parking at all Times – Rescinded (Brinckerhoff Ave) ORD. 8 No Parking at all Times (Brinckerhoff Ave) ORD. 9 Moratorium on Convenience Stores ORD. 10 No Parking at all Times (Hazelhurst Ave)  Submitted to council by: Councilmembers McNiel, Williamson Proposed Ordinance No. Submitted to council on: 06 / 07 / 21 Proposed Resolution No. 1 Sent to Council Attorney on: 06 / 07 / 21 Thursday Rule Waiver Required? N Date of Legislation: 06 / 16 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson AUTHORIZING SALE OF WINE AND BEER TO HANDSHAKE.CITY WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common Council, except in certain instances where permission is granted by the Common Council. NOW, THEREFORE, BE IT RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to: Name of Sponsor: Handshake.City Name of Event: Barks and Brews Date(s) of Event: Sunday, June 27, 2021 from 12:00 p.m. to 4:00 p.m. Location of Event: Handshake.City (26 Whitesboro Street, Utica, NY 13502) BE IT FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted activity. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmembers McNiel, Williamson Proposed Ordinance No. 2 Submitted to council on: 06 / 10 / 21 Proposed Resolution No. Sent to Council Attorney on: 06 / 10 / 21 Thursday Rule Waiver Required? N Date of Legislation: 06 / 16 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson, Meola, Betrus AN ORDINANCE AMENDING CHAPTER 2-14 LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS ARTICLE XIV NEIGHBORHOOD RETAIL CERTIFICATE OF USE BE IT ORDAINED, that Sec. 2-14-337 of the Code of Ordinances for the City of Utica is amended to read as follows: Sec. 2-14-337. Definitions. Neighborhood retail establishment (Neighborhood Retail) shall mean a retail sales business with less than 6,000 ( ) square feet of gross floor area devoted, in whole or part, to the sale of dry goods and food and beverages, consumer goods and prepared food sales to be used and consumed primarily off the premises (including smoking products, cigarettes, pipes, or other smoking paraphernalia). Excluding the establishments that dispense of gasoline and any other motor vehicle fuels. (If such use is deemed to be less than square feet, it shall require a Special Use Permit, issued by the Zoning Board of Appeals, for the NEIGHBORHOOD RETAIL, UMU district, as set forth in Sec. 2-14-337 of the City of Utica Code of Ordinances and in Secs. 2-29-7 and 2- 29-605 (c) of the zoning law of the City of Utica). BE IT FURTHER ORDAINED, that the amendment to Sec. 2-14-337 of the City of Utica Code of Ordinances shall become effective upon the completion of the procedures set forth in DIVISION 8: Amendments of the zoning law of the City of Utica, Sec. 2-29-121 thru Sec. 2-29-125. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmembers McNiel, Williamson Proposed Ordinance No. 3 Submitted to council on: 06 / 10 / 21 Proposed Resolution No. Sent to Council Attorney on: 06 / 10 / 21 Thursday Rule Waiver Required? N Date of Legislation: 06 / 16 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson, Meola, Betrus AN ORDINANCE AMENDING THE ZONING LAW ADOPTED ON FEBRUARY 3, 2021 BY ADDING FORMER SECTION 2-29-605 (a) (b) AND (c) BE IT ORDAINED, that the Zoning law adopted on February 3, 2021 be amended to include former Sections 2-29-605 (a) (b) and (c) and that it read as follows: Sec. 2-29-605. Retail uses. (a) Drive-in/fast-food restaurants. Drive-in/fast-food restaurants where persons are served in automobiles shall be not closer than 200 feet to an R District, shall be located on a public street having a pavement width of not less than 36 feet and shall provide ingress and egress so as to minimize traffic congestions. The number and location of curb cuts shall be subject to the review and approval of traffic officials. (b) Retail sales for members and guests only. Where retail sales for members only are permitted there shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful employment other than from within the building. (c) Neighborhood convenient stores. Neighborhood convenience stores shall be special permit uses within the Neighborhood Commercial (C-N) (Neighborhood Retail, UMU) Zoning District. No such use shall be located within 2,000 linear feet of a similar existing use regardless of the zoning district in which such existing use is located and measured from lot line to lot line. As part of the application for a special use permit to the Zoning Board of Appeals, the applicant shall submit a development plan that addresses the following: days/hours of operation; hours of deliveries and services (i.e. trash removal, snow plowing, etc.) provisions for parking, both on- and off- street; provisions to manage and regulate potential impacts of use, including but not limited to: litter and refuse by store patrons, excessive noise, loitering, crime prevention; signage, including both permanent and advertising/promotional signage; staffing; landscaping; and a building floor plan. Every applicant for a special use permit for a neighborhood convenience store in a Neighborhood Commercial (C-N) (Neighborhood Retail, UMU) Zoning District shall also be required to erect a sign upon the property that is the subject of the requested variance. Said sign shall be provided to the applicant by the City Planning Department and shall be placed conspicuously upon the property and in such a manner as to not encroach upon any public right-of-way or publicly owned property. Said sign shall be placed upon the property at least 10 days prior to the date of the hearing and shall remain upon the property until the application for a special use permit has been approved or disapproved. The sign shall measure a minimum of two feet by three feet. All signs remain the property of the City. BE IT FURTHER ORDAINED, that this ordinance and amendment to the zoning law shall not become effective until such time as all procedures described in Section 2-29-121 – 2-29-125 have been completed. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmembers McNiel, Williamson Proposed Ordinance No. 4 Submitted to council on: 06 / 10 / 21 Proposed Resolution No. Sent to Council Attorney on: 06 / 10 / 21 Thursday Rule Waiver Required? N Date of Legislation: 06 / 16 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson, Meola, Betrus AN ORDINANCE AMENDING SEC. 2-29-7, DEFINITIONS, OF THE ZONING LAW OF THE CITY OF UTICA WHEREAS, the Common Council has decided that the definition of NEIGHBORHOOD RETAIL shall contain the same wording in Sections 2-29-7 and 2-29-605 (c) of the zoning law of the City of Utica as set forth in Section 2-14-337 of the City of Utica Code of Ordinances; THEREFORE, BE IT ORDAINED, that Sec. 2-29-7 of the zoning law of the City of Utica be amended to read as follows: Sec. 2-29-7. Definitions. NEIGHBORHOOD RETAIL A retail sales business with less than 6,000 ( ) square feet of gross floor area devoted, in whole or part, to the sale of dry goods and food and beverages, consumer goods and prepared food sales to be used and consumed primarily off the premises (including smoking products, cigarettes, pipes, or other smoking paraphernalia). Excluding the establishments that dispense of gasoline and any other motor vehicle fuels. (If such use is deemed to be less than square feet, it shall require a Special Use Permit, issued by the Zoning Board of Appeals, for the NEIGHBORHOOD RETAIL, UMU district, as set forth in Sec. 2-14-337 of the City of Utica Code of Ordinances and in Secs. 2-29-7 and 2-29-605 (c) of the zoning law of the City of Utica). BE IT FURTHER ORDAINED, that the amendment to Sec. 2-29-7 of the zoning law of the City of Utica shall become effective upon the completion of the procedures set forth in DIVISION 8: Amendments, Sec. 2-29-121 thru Sec. 2-29-125. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmember Friend Proposed Ordinance No. Submitted to council on: 06 / 10 / 21 Proposed Resolution No. 5 Sent to Council Attorney on: 06 / 10 / 21 Thursday Rule Waiver Required? N Date of Legislation: 06 / 16 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend RESOLUTION APPROVING AND ENDORSING UPTOWN THEATRE FOR CREATIVE ARTS AS APPLICANT FOR THE UPTOWN THEATRE RENOVATIONS PROJECT IN ITS APPLICATION TO NYS HOMES AND COMMUNITY RENEWAL FOR FUNDING UNDER THE NEW YORK MAIN STREET PROGRAM FOR DOWNTOWN ANCHOR BUILDING RENOVATIONS WHEREAS the future prosperity of our City depends in part on the success of our cultural and artistic institutions; and WHEREAS, the Uptown Theatre for Creative Arts as applicant desires to apply for $500,000 in financial assistance through the 2021 Consolidated Funding Application (CFA) under the New York Main Street Program for Downtown Anchor Building Renovations; and WHEREAS, the application proposes funding to assist the Uptown Theatre for Creative Arts to complete building renovations to this Downtown Anchor Building at 2014 Genesee Street in the City of Utica; and WHEREAS, the proposed funding will contribute to an ongoing community revitalization effort; and WHEREAS, the grant application requires that the applicant obtain the approval and endorsement of the governing body of the municipality in which the project will be located. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Utica approves and endorses the 2021 New York Main Street Program for assistance prepared and to be submitted by Uptown Theatre for Creative Arts as applicant. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmember Burmaster Proposed Ordinance No. 6 Submitted to council on: 06 / 10 / 21 Proposed Resolution No. Sent to Council Attorney on: 06 / 10 / 21 Thursday Rule Waiver Required? N Date of Legislation: 06 / 16 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Burmaster INTERSECTION WHERE STOP REQUIRED ORDAINED, that Sec. 2-16-358 Schedule C: Intersections where stop required, be amended to include the following: Highland Avenue and Downer Avenue, northeast corner Highland Avenue and Downer Avenue, southwest corner BE IT FURTHER ORDAINED, that the proper signage be erected where necessary. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmember Moody Proposed Ordinance No. 7 Submitted to council on: 06 / 15 / 21 Proposed Resolution No. Sent to Council Attorney on: 06 / 15 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 06 / 16 / 21 Explanation provided to council on: 06 / 15 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Moody NO PARKING AT ALL TIMES (RESCINDED) ORDAINED, that Sec. 2-16-360 Schedule E: No Parking at all Times Brinckerhoff Avenue, east side, from Arthur Street to a point southerly of Roosevelt School property line Brinckerhoff Avenue, east side, front of Roosevelt School property Brinckerhoff Avenue, east side, from southern property line of Roosevelt School to James Street Brinckerhoff Avenue, west side, between Rutger Street and James Street Brinckerhoff Avenue, west side, between Rutger Street and Arthur Street be RESCINDED. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmember Moody Proposed Ordinance No. 8 Submitted to council on: 06 / 15 / 21 Proposed Resolution No. Sent to Council Attorney on: 06 / 15 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 06 / 16 / 21 Explanation provided to council on: 06 / 15 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Moody NO PARKING AT ALL TIMES ORDAINED, that Sec. 2-16-360 Schedule E: No Parking at all Times, be amended to include the following: Brinckerhoff Avenue, west side, between South Street and Arthur Street Brinckerhoff Avenue, west side, between James Street and Pleasant Street BE IT FURTHER ORDAINED, that the proper signage be erected where necessary. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmember Meola Proposed Ordinance No. 9 Submitted to council on: 06 / 15 / 21 Proposed Resolution No. Sent to Council Attorney on: 06 / 15 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 06 / 16 / 21 Explanation provided to council on: 06 / 15 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Betrus AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON CONVENIENCE STORES AND SMOKE SHOPS IN THE CITY OF UTICA FOR NOT LESS THAN A SIX MONTH PERIOD, THAT MAY BE EXTENDED WHEREAS, the Common Council of the City of Utica did, on November 4, 2020 and February 3, 2021, adopt new legislation designed to regulate what is referred to as Convenience Stores and Smoke Shops and their location in the City of Utica, and WHEREAS, since the adoption of the new Zoning Law on February 3, 2021, new questions have arisen with regard to terms and application of these two entities, and WHEREAS, it has been determined by members of the Common Council that these new ordinances require further study and possible revision that necessitates that a moratorium be enacted that would halt the approval of such entities for a period of time to allow for a study to be conducted, now BE IT ORDAINED, that the Commissioner of Urban and Economic Development, the Planning Board, and the Zoning Board of Appeals not issue any permission for the development and establishment of any new Convenience Stores and/or Smoke Shops, for a period of not less than six months, from the effective date of this ordinance, and they recognize that there is a moratorium on such approval for not less than six months following the effective date of this ordinance. Such moratorium may be extended if such study has not been completed by the end of the six-month period. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime  Submitted to council by: Councilmember Friend Proposed Ordinance No. 10 Submitted to council on: 06 / 16 / 21 Proposed Resolution No. Sent to Council Attorney on: 06 / 16 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 06 / 16 / 21 Explanation provided to council on: 06 / 16 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend NO PARKING AT ALL TIMES ORDAINED, that Sec. 2-16-360 Schedule E: No Parking at all Times, be amended to include the following: Hazelhurst Avenue, west side, from Merriline Avenue to a point in front of 947 Hazelhurst Avenue BE IT FURTHER ORDAINED, that the proper signage be erected where necessary. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 M. McNiel 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 J. LoMedico DATE ADOPTED _____/_____/ 2021 4 F. Meola 9 F. DiBrango 5 D. Moody 10 M. Galime