Common Council Meeting -- 09.22.2021

LEGISLATION FROM U.R.A. RE: SALE OF PROPERTIES City of Utica Common Council September 22, 2021 ORD. 2 Sale of The Kennedy Parking Garage to Downtown Utica Development, LLC for $1,500,000.00 ORD. 4 Sale of 125 Thomas Street to Serafin Vasquez-Martinez for $8,000.00 ORD. 6 Sale of 124 Thomas Street to Patricio Muela for $30,000.00 ORD. 8 Sale of 315 – 317 Court Street to Michael Pezzolanella for $400,000.00 ORD. 10 Sale of 1125 Summit Place to SOCO 2, LLC (Suvad Nesust) for $1,500.00 ORD. 12 Sale of 707, 709, 319.53-4-39 Mohawk Street and 703, 705, 707, 711 Blandina Street to Azmir Cerimovic for $7,000.00 ORD. 14 Sale of 742 Jay Street to Bajro Smajic for $5,000.00 ORD. 16 Sale of 710 Nichols Street to Frank Cotrupe for $8,000.00 ORD. 18 Sale of 501 Square Street and 1315 Taylor Avenue to Daysis Rodriguez for $30,000.00 ______________________________________________________________________________________________ RES. 2 Calling for a PH on Sale of 301 Mortimer Street and 1116 Neilson Street to Carlos M. Martinez for $500.00 ORD. 3 Sale of 301 Mortimer Street and 1116 Neilson Street to Carlos M. Martinez for $500.00 RES. 4 Calling for a PH on Sale of 1441 Sunset Avenue to Alisandra Hernandez for $31,500.00 ORD. 5 Sale of 1441 Sunset Avenue to Alisandra Hernandez for $31,500.00  Submitted to council by: URA Proposed Ordinance No. 2 Submitted to council on: 09 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 09 / 03 / 21 Thursday Rule Waiver Required? N Date of Legislation: 09 / 08 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson APPROVING THE DESIGNATION OF DOWNTOWN UTICA DEVELOPMENT, LLC AS AN ELIGIBLE AND QUALIFIED PROJECT SPONSOR PURSUANT TO ARTICLE 15 OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF THE SALE OF THE KENNEDY PARKING GARAGE WHEREAS, the Utica Urban Renewal Agency has acquired The Kennedy Parking Garage; 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 Downtown Utica Development, LLC: and the developer proposes to purchase The Kennedy Parking Garage to repair the Kennedy Garage and construct a Hotel; and the purchase will require the payment of $1,500,000.00; 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, September 22, 2021 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 BE IT FURTHER ORDAINED, that the purchase price for the above said property is $1,500,000.00; and BE IT FURTHER 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 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: URA Proposed Ordinance No. 4 Submitted to council on: 09 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 09 / 03 / 21 Thursday Rule Waiver Required? N Date of Legislation: 09 / 08 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson APPROVING THE DESIGNATION OF SERAFIN VAZQUEZ-MARTINEZ AS AN ELIGIBLE AND QUALIFIED PROJECT SPONSOR PURSUANT TO ARTICLE 15 OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF THE SALE OF 125 THOMAS STREET WHEREAS, the Utica Urban Renewal Agency has acquired 125 Thomas 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 Serafin Vazquez-Martinez; and the developer proposes to purchase 125 Thomas Street to renovate for income property; and the purchase will require the payment of $8,000.00 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, September 22, 2021 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 BE IT FURTHER ORDAINED, that the purchase price for the above said property is $8,000.00; and BE IT FURTHER 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 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: URA Proposed Ordinance No. 6 Submitted to council on: 09 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 09 / 03 / 21 Thursday Rule Waiver Required? N Date of Legislation: 09 / 08 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson APPROVING THE DESIGNATION OF PATRICIO MUELA AS AN ELIGIBLE AND QUALIFIED PROJECT SPONSOR PURSUANT TO ARTICLE 15 OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF THE SALE OF 124 THOMAS STREET WHEREAS, the Utica Urban Renewal Agency has acquired 124 Thomas 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 Patricio Muela; and the developer proposes to purchase 124 Thomas Street to renovate for primary residence; and the purchase will require the payment of $30,000.00; 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, September 22, 2021 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 BE IT FURTHER ORDAINED, that the purchase price for the above said property is $30,000.00; and BE IT FURTHER 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 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: URA Proposed Ordinance No. 8 Submitted to council on: 09 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 09 / 03 / 21 Thursday Rule Waiver Required? N Date of Legislation: 09 / 08 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson APPROVING THE DESIGNATION OF MICHAEL PEZZOLANELLA AS AN ELIGIBLE AND QUALIFIED PROJECT SPONSOR PURSUANT TO ARTICLE 15 OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF THE SALE OF 315 – 317 COURT STREET WHEREAS, the Utica Urban Renewal Agency has acquired 315 – 317 Court 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 Michael Pezzolanella; and the developer proposes to purchase 315 – 317 Court Street to renovate for mixed use; and the purchase will require the payment of $400,000.00 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, September 22, 2021 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 BE IT FURTHER ORDAINED, that the purchase price for the above said property is $400,000.00; and BE IT FURTHER 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 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: URA Proposed Ordinance No. 10 Submitted to council on: 09 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 09 / 03 / 21 Thursday Rule Waiver Required? N Date of Legislation: 09 / 08 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson APPROVING THE DESIGNATION OF SOCO 2, LLC (SUVAD NESUST) AS AN ELIGIBLE AND QUALIFIED PROJECT SPONSOR PURSUANT TO ARTICLE 15 OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF THE SALE OF 1125 SUMMIT PLACE WHEREAS, the Utica Urban Renewal Agency has acquired 1125 Summit Place; 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 SOCO 2, LLC (Suvad Nesust); and the developer proposes to purchase 1125 Summit Place to landscape and create additional parking for his adjacent property; and the purchase will require the payment of $1,500.00; 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, September 22, 2021 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 BE IT FURTHER ORDAINED, that the purchase price for the above said property is $1,500.00; and BE IT FURTHER 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 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: URA Proposed Ordinance No. 12 Submitted to council on: 09 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 09 / 03 / 21 Thursday Rule Waiver Required? N Date of Legislation: 09 / 08 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson APPROVING THE DESIGNATION OF AZMIR CERIMOVIC AS AN ELIGIBLE AND QUALIFIED PROJECT SPONSOR PURSUANT TO ARTICLE 15 OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF THE SALE OF 707, 709, 319.53-4-39 MOHAWK STREET AND 703,705,707,711 BLANDINA STREET WHEREAS, the Utica Urban Renewal Agency has acquired 707, 709, 319.53-4-39 Mohawk Street and 703,705,707,711 Blandina 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 Azmir Cerimovic; and the developer proposes to purchase 707, 709, 319.53-4-39 Mohawk Street and 703,705,707,711 Blandina Street to landscape, pave & partially fence to create additional parking for his adjacent property; and the purchase will require the payment of $7,000.00; 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, September 22, 2021 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 BE IT FURTHER ORDAINED, that the purchase price for the above said property is $7,000.00; and BE IT FURTHER 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 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: URA Proposed Ordinance No. 14 Submitted to council on: 09 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 09 / 03 / 21 Thursday Rule Waiver Required? N Date of Legislation: 09 / 08 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson APPROVING THE DESIGNATION OF BAJRO SMAJIC AS AN ELIGIBLE AND QUALIFIED PROJECT SPONSOR PURSUANT TO ARTICLE 15 OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF THE SALE OF 742 JAY STREET WHEREAS, the Utica Urban Renewal Agency has acquired 742 Jay 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 Bajro Smajic; and the developer proposes to purchase 742 Jay Street to renovate for income property; and the purchase will require the payment of $5,000.00; 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, September 22, 2021 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 BE IT FURTHER ORDAINED, that the purchase price for the above said property is $5,000.00; and BE IT FURTHER 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 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: URA Proposed Ordinance No. 16 Submitted to council on: 09 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 09 / 03 / 21 Thursday Rule Waiver Required? N Date of Legislation: 09 / 08 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson APPROVING THE DESIGNATION OF FRANK COTRUPE AS AN ELIGIBLE AND QUALIFIED PROJECT SPONSOR PURSUANT TO ARTICLE 15 OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF THE SALE OF 710 NICHOLS STREET WHEREAS, the Utica Urban Renewal Agency has acquired 710 Nichols 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 Frank Cotrupe; and the developer proposes to purchase 710 Nichols Street to renovate for income property; and the purchase will require the payment of $8000.00 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, September 22, 2021 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 BE IT FURTHER ORDAINED, that the purchase price for the above said property is $8000.00; and BE IT FURTHER 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 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: URA Proposed Ordinance No. 18 Submitted to council on: 09 / 03 / 21 Proposed Resolution No. Sent to Council Attorney on: 09 / 03 / 21 Thursday Rule Waiver Required? N Date of Legislation: 09 / 08 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson APPROVING THE DESIGNATION OF DAYSIS RODRIGUEZ AS AN ELIGIBLE AND QUALIFIED PROJECT SPONSOR PURSUANT TO ARTICLE 15 OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF THE SALE OF 501 SQUARE STREET & 1315 TAYLOR AVENUE WHEREAS, the Utica Urban Renewal Agency has acquired 501 Square Street & 1315 Taylor Avenue; 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 Daysis Rodriguez; and the developer proposes to purchase 501 Square Street & 1315 Taylor Avenue to renovate for primary residence and maintain the lot as greenspace for the property; and the purchase will require the payment of $30,0000.00; 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, September 22, 2021 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 BE IT FURTHER ORDAINED, that the purchase price for the above said property is $30,000.00; and BE IT FURTHER 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 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: URA Proposed Ordinance No. Submitted to council on: 09 / 09 / 21 Proposed Resolution No. 2 Sent to Council Attorney on: 09 / 09 / 21 Thursday Rule Waiver Required? N Date of Legislation: 09 / 22 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson CALLING FOR A PUBLIC HEARING ON THE SALE OF 301 MORTIMER STREET AND 1116 NEILSON STREET WHEREAS, the Utica Urban Renewal Agency is the owner of 301 Mortimer Street & 1116 Neilson Street; and WHEREAS, the Utica Urban Renewal Agency is authorized to sell development parcels in said Urban Renewal 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, an offer to purchase 301 Mortimer Street & 1116 Neilson Street has been received by the Utica Urban Renewal Agency from Carlos M. Martinez; and WHEREAS, the developer plans to fence and create additional parking for his adjacent property; and WHEREAS, the purchase price for this property is $500.00; and WHEREAS, the Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract of sale with the aforementioned developer subject to the developer meeting all applicable terms and conditions relative to the purchase of the subject property including the approval of the same by the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency shall cause to be published a public hearing notice and a legal notice which describes all relevant terms and conditions of the proposed sale in the Observer-Dispatch newspaper in accordance with Article 15 of the General Municipal Law of the State of New York, and a public hearing shall be held pursuant thereto in accordance with section 507 of the General Municipal Law of the State of New York; and NOW, THEREFORE, BE IT RESOLVED, that the Utica Common Council will conduct a public hearing on Wednesday, October 6, 2021 at 7:00 P.M., in the Utica Common Council Chamber, One Kennedy Plaza, Utica, New York to provide the public with an opportunity to ask questions and offer comments on the proposed sale and subsequent development of the aforesaid properties. Immediately after the public hearing, the Utica Common Council may consider legislation which will approve the sale of 301 Mortimer Street & 1116 Neilson Street and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. 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: URA Proposed Ordinance No. 3 Submitted to council on: 09 / 09 / 21 Proposed Resolution No. Sent to Council Attorney on: 09 / 09 / 21 Thursday Rule Waiver Required? N Date of Legislation: 09 / 22 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson APPROVING THE DESIGNATION OF CARLOS M. MARTINEZ AS AN ELIGIBLE AND QUALIFIED PROJECT SPONSOR PURSUANT TO ARTICLE 15 OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF THE SALE OF 301 MORTIMER STREET & 1116 NEILSON STREET WHEREAS, the Utica Urban Renewal Agency has acquired 301 Mortimer Street & 1116 Neilson 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 Carlos M. Martinez; and the developer proposes to purchase 301 Mortimer Street & 1116 Neilson Street to fence and create additional parking for his adjacent property; and the purchase will require the payment of $500.00; 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, October 6, 2021 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 BE IT FURTHER ORDAINED, that the purchase price for the above said property is $500.00; and BE IT FURTHER 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 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: URA Proposed Ordinance No. Submitted to council on: 09 / 09 / 21 Proposed Resolution No. 4 Sent to Council Attorney on: 09 / 09 / 21 Thursday Rule Waiver Required? N Date of Legislation: 09 / 22 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson CALLING FOR A PUBLIC HEARING ON THE SALE OF 1441 SUNSET AVENUE WHEREAS, the Utica Urban Renewal Agency is the owner of 1441 Sunset Avenue; and WHEREAS, the Utica Urban Renewal Agency is authorized to sell development parcels in said Urban Renewal 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, an offer to purchase 1441 Sunset Avenue has been received by the Utica Urban Renewal Agency from Alisandra Hernandez; and WHEREAS, the developer plans to renovate for primary residence; and WHEREAS, the purchase price for this property is $31,500.00; and WHEREAS, the Chairman of the Utica Urban Renewal Agency has been authorized to execute a contract of sale with the aforementioned developer subject to the developer meeting all applicable terms and conditions relative to the purchase of the subject property including the approval of the same by the Utica Common Council; and WHEREAS, the Utica Urban Renewal Agency shall cause to be published a public hearing notice and a legal notice which describes all relevant terms and conditions of the proposed sale in the Observer-Dispatch newspaper in accordance with Article 15 of the General Municipal Law of the State of New York, and a public hearing shall be held pursuant thereto in accordance with section 507 of the General Municipal Law of the State of New York; and NOW, THEREFORE, BE IT RESOLVED, that the Utica Common Council will conduct a public hearing on Wednesday, October 6, 2021 at 7:00 P.M., in the Utica Common Council Chamber, One Kennedy Plaza, Utica, New York to provide the public with an opportunity to ask questions and offer comments on the proposed sale and subsequent development of the aforesaid properties. Immediately after the public hearing, the Utica Common Council may consider legislation which will approve the sale of 1441 Sunset Avenue and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. 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: URA Proposed Ordinance No. 5 Submitted to council on: 09 / 09 / 21 Proposed Resolution No. Sent to Council Attorney on: 09 / 09 / 21 Thursday Rule Waiver Required? N Date of Legislation: 09 / 22 / 21 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson APPROVING THE DESIGNATION OF ALISANDRA HERNANDEZ AS AN ELIGIBLE AND QUALIFIED PROJECT SPONSOR PURSUANT TO ARTICLE 15 OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF THE SALE OF 1441 SUNSET AVENUE WHEREAS, the Utica Urban Renewal Agency has acquired 1441 Sunset Avenue; 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 Alisandra Hernandez; and the developer proposes to purchase 1441 Sunset Avenue to renovate for primary residence; and the purchase will require the payment of $31,500.00 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, October 6, 2021 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 BE IT FURTHER ORDAINED, that the purchase price for the above said property is $31,500.00; and BE IT FURTHER 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 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  LEGISLATION TO BE DISCUSSED IN PRE-MEETING CONFERENCE City of Utica Common Council September 22, 2021 RES. 1 Authorize Sale of Beer & Wine to FX Matt Brewing Co. (Boilermaker After-party) ORD. 6 Transfer of Funds (DPW Garage – Capital Outlay) RES. 7 Commission a Housing Study for Utica INTRO L.L. # 2 OF 2021 Moratorium on Convenience Stores/Smoke Shops  Submitted to council by: Councilmembers McNiel, Williamson Proposed Ordinance No. Submitted to council on: 09 / 09 / 21 Proposed Resolution No. 1 Sent to Council Attorney on: 09 / 09 / 21 Thursday Rule Waiver Required? N Date of Legislation: 09 / 22 / 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 FX MATT BREWING COMPANY 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: FX Matt Brewing Company Name of Event: Boilermaker (After-party) Date of Event: Sunday, October 10, 2021 from 8:00 a.m. to 01:00 p.m. Location of Event: Saranac Brewery (FX Matt Brewing Company) 830 Varick 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: Board of E & A Proposed Ordinance No. 6 Submitted to council on: 09 / 21 / 21 Proposed Resolution No. Sent to Council Attorney on: 09 / 21 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 09 / 22 / 21 Explanation provided to council on: 09 / 21 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Williamson TRANSFER OF FUNDS 2020-2021 FISCAL YEAR RE: DPW GARAGE – CAPITAL OUTLAY WHEREAS, Local Law No. 2 of 2007 requires, among other things, that each transfer and appropriation from one account exceeding $15,000.00 within a budgetary year shall be set forth specifically in an ordinance and shall not become effective unless said appropriation and transfer is approved by a majority of all Councilmembers, and WHEREAS, the Board of Estimate and Apportionment did approve the particular transfer hereinafter more particularly described on September 20, 2021. NOW, THEREFORE, BE IT ORDAINED, that the City Comptroller is hereby authorized and directed to make the following transfer of funds: Account No. Account Name Amount From: A58170-402 Street Cleaning - Other Supplies $ 94,000.00 To: A55132-203 DPW Garage - Capital Outlay $ 94,000.00 Explanation To provide for encumbrance of DPW Garage Wall requiring improvement from the for Transfer: Halloween 2019 storm. A58170-402 Original Budget: $ - Revised Budget with Transfer $ 94,000.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ - Balance before Transfer: $ - Percent Used (Original Budget): 0.00% Percent Used (Revised Budget): 0.00% A55132-203 Original Budget: $ 461,200.00 Revised Budget with Transfer $ 367,200.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 363,271.30 Balance before Transfer: $ 97,928.70 Percent Used (Original Budget): 78.77% Percent Used (Revised Budget): 98.93% 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. Submitted to council on: 09 / 21 / 21 Proposed Resolution No. 7 Sent to Council Attorney on: 09 / 21 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 09 / 22 / 21 Explanation provided to council on: 09 / 22 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Moody RESOLUTION TO COMMISSION A HOUSING STUDY FOR THE CITY OF UTICA, NY WHEREAS, the City of Utica is a growing and thriving city with an influx of residents, citizens, businesses, and thus population has significantly increased, per 2020 United States Census nearly 3,000 new individuals now live in the City; and WHEREAS, this influx of population, in concert with other demands of adequate housing merit a public study of Housing in the City of Utica, which addresses the growing concern of: • Housing Stock and Future Potential • Land Capacity • Middle Income Housing Options • Home-owner demographics • Geographic Composition of Low-Income Housing • Proliferation of Absentee Landlords WHEREAS, in addition to quality of life concerns that have been raised over the years, there is a need to understand the current infrastructure and landscape with regard to housing; and develop, if needed, a plan to address any inadequacies if possible; and WHEREAS, the City of Utica Common Council sees that the current projections of federal support for municipal infrastructure further support the need for a comprehensive study into the Housing of the City of Utica, NOW, THEREFORE, BE IT RESOLVED, that the City of Utica Common Council calls on the Mayor and the Commissioner of Urban and Economic Development to commission a City of Utica Comprehensive Housing Study with the following required findings: a) A neutral and comprehensive, fact-based study on the nature and current status of current housing shortages and socio-economic dimensions relation to housing b) The various housing policies and ordinances that govern the City of Utica, including but not limited to landlords, permits for multiple dwellings, rental regulations, and low-income housing development pilots c) Potential land capacity of housing development with projection for increase in population d) Middle-income Housing Options BE IT FURTHER RESOLVED, that the City of Utica Housing Study should be completed within nine (9) months of the passage of said resolution and submitted in writing to the City of Utica Common Council; and BE IT FURTHER RESOLVED, that the City of Utica shall make available to its agencies and department the resources to perform this study and that the budget director shall make necessary fiduciary resources available for use. 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: Council Attorney Proposed Ordinance No. Submitted to council on: 09 / 21 / 21 Proposed Resolution No. Sent to Council Attorney on: 09 / 21 / 21 Thursday Rule Waiver Required? Y Date of Legislation: 09 / 22 / 21 Explanation provided to council on: 09 / 21 / 21 ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers McNiel, Burmaster, Friend, Meola, Moody, Betrus, Williamson, LoMedico, DiBrango A LOCAL LAW ESTABLISHING A TEMPORARY MORATORIUM ON CONVENIENT STORES AND SMOKE SHOPS IN THE CITY OF UTICA INTRODUCTORY LOCAL LAW NO. 2 OF 2021 Presented and read __________, 2021. Laid on the Table ___________, 2021. Adopted by the Common Council by a vote of YEAS: ___, NAYS: ___, on __________, 2021. Became a Local Law with the approval of the Mayor on __________, 2021, after a public hearing on __________, 2021. 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, Neighborhood Retail 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, and WHEREAS, the Common Council did, on June 16, 2021 adopt an ordinance that provided for a temporary moratorium on Convenience Stores and Smoke Shops, which shall be superseded by this local law THEREFORE, BE IT ENACTED BY THE COMMON COUNCIL FOR THE CITY OF UTICA: SECTION 1. That the ordinance adopted on June 16, 2021 is hereby repealed and dismissed upon the adoption of this local law in the manner provided by the provisions of the Municipal Home Rule Law. SECTION 2. Pending further study of the appropriate Sections of the Zoning Law of Utica for the purpose of ascertaining whether said zoning law should be amended to reflect the goals and needs of each district in the City of Utica to prevent the character change of said residential parts of each district by a proliferation of convenience stores and smoke shops in each Councilmanic district. SECTION 3. The Commissioner of Urban and Economic Development, the Planning Board, the Zoning Board of Appeals, Department of Codes, and any other appropriate City agencies shall not issue any permission or permit for the development and/or establishment of any new convenience stores, neighborhood retail stores, and/or smoke shops, regardless of current zoning classifications, for a period of six months from the date of the adoption of this local law. 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