Common Council Meeting -- 12.21.2022

LEGISLATION IN COMMITTEE OF THE WHOLE City of Utica Common Council December 21, 2022 Type & Number Title/Description Date Committed INTRO L.L. Registration and Posting of Owner & 01/05/2022 #1 OF 2022 Manager Info & Designation of Agent PRO ORD. 2 Ordinance Amending Composition 01/28/2022 Of The Bureau Of Fire PRO. ORD. 6 Amending Sec. 2-29-346 09/21/2022 PRO. ORD. 18 Amendment to Chapter 2-14 Article XIV 11/16/2022 PRO. ORD. 19 Amendment to Section 2-14-337 “definitions” 11/16/2022 PRO. ORD. 20 Amendment to Section 2-29-7 “definitions” 11/16/2022 PRO. ORD. 21 Amendment to Section 2-29-7 “definitions” 11/16/2022 PRO. ORD. 22 Amending Section 2-29-125 “Use Table” 11/16/2022 PRO. ORD. 23 Amending Section 2-29-125 “Use Table” 11/16/2022 PRO. ORD. 24 Amending Section 2-29-125 “Use Table” 11/16/2022 PRO. ORD. 25 Amending Section 2-29-125 “Use Table” 11/16/2022 PRO. ORD. 26 Amending Section 2-29-125 “Use Table” 11/16/2022 PRO. ORD. 27 Amending Section 2-29-85 11/16/2022 PRO. ORD. 28 Amendment to Article XI Supplemental Reg 11/16/2022 PRO. ORD. 29 Amending Section 2-29-361 11/16/2022 PRO. ORD. 35 Amending Section Designations 11/16/2022 PRO. ORD. 1 Replace and Rescind Chapter 2-29 Zoning 11/21/2022 PRO. ORD. 3 Technical Amendment to the Zoning Ordinance 11/21/2022 PRO. ORD. 17 Stop Sign – Hollingsworth and Jefferson 12/07/2022 PRO. ORD. 18 Rosemont and Mohawk Street 12/07/2022 PRO. ORD. 19 Rescind Stop Sign – Sherman 12/07/2022 PRO. ORD. 21 Amending Sec. 2-13-53 12/07/2022  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 01 / 04 / 22 Proposed Resolution No. Sent to Council Attorney on: 01 / 04 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 01 / 05 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa A LOCAL LAW ENTITLED “REGISTRATION AND POSTING OF OWNER AND MANAGER INFORMATION AND DESIGNATION OF AGENT” INTRODUCTORY LOCAL LAW NO. 1 OF 2022 Presented and read __________, 2022. Laid on the Table ___________, 2022. Adopted by the Common Council by a vote of YEAS: ___, NAYS: ___, on __________, 2022. Became a Local Law with the approval of the Mayor on __________, 2022, after a public hearing on __________, 2022. BE IT ENACTED BY THE COMMON COUNCIL FOR THE CITY OF UTICA, NEW YORK (THE “MUNICIPALITY”): SECTION 1. Legislative intent. It is recognized by the City of Utica Common Council that a number of properties in the City are owned by persons who do not live in the City of Utica or in the County of Oneida. As a result, it has been difficult for the City Departments, such as the Fire Department, Department of Public Works, Police Department, as well as the Codes Department and zoning officers, to contact absentee owners when necessary. The City of Utica Common Council recognizes the need for such departments and officials to be able to contact the owner and/or manager of a property located within the City, particularly in emergency situations. In order to facilitate such contact with the owners and/or property managers, these provisions are being enacted to require the registration with the City, and posting in the building on such properties, of the names, addresses, and telephone numbers of such property and property managers so as to provide the City and its various departments with accessible and accurate information concerning the property and the person or persons to contact should there be a problem or emergency at the property. SECTION 2. Definitions. For the purpose of this local law, the terms used herein are defined as follows: Action or Proceeding – any action or proceeding which may be instituted in the City Court of the City of Utica in connection with an alleged violation of any of the local laws, rules or regulations of the City of Utica Building – any improved real property located within the City of Utica which, in whole or in part, is non-owner occupied Owner – any individual or individuals, partnerships or corporation, whether for profit or otherwise, in whose name title to the building stands Process – a summons or any notice, mandate or other paper or process issued under any provision of the Building Code and/or ordinances of the City of Utica City Clerk – either the City Clerk or the Deputy City Clerk of the City of Utica SECTION 3. Registration of owner and designation of agent. (A) Every owner of a building, as herein defined located with the City of Utica shall file: (1) A notarized statement of designation signed by the said owner setting forth the name and address, by street and number also, if applicable a mailing address different, in the County of Oneida, or otherwise within thirty-five (35) miles of the City of Utica, of an agent upon whom process may be served in any action or proceeding which may be commenced or instituted against said owner. A post office box number alone is not sufficient to comply with the provisions. (2) A notarized statement by the said owner setting forth the name, telephone and address, by street and number, as well as the mailing address if different of the owner, owners, of the property. (3) A notarized designation signed by the said owner naming the City Clerk as the agent upon whom process against the owner may be served, and the post office address within or without the City of Utica to which the City Clerk may mail a copy of the process against such power served upon the Clerk. (B) Whenever the process is served upon the City Clerk, the Clerk shall mail, by certified mail, addressed to the agent named in said designation at the address therein set forth, a true copy of said process. SECTION 4. Certificate of ownership. Attached to such statement and designation shall be a certificate properly certified by the owner that they are the owner of the promises with respect to which statement or designation is filed. SECTION 5. Posting notice. Every owner of a building within the City of Utica shall post, and keep posted in a conspicuous place in a main public area in said building, a notice, at least six by eight (6x8) inches in size, setting forth: (A) The name, address, and telephone number of the owner of said building. (B) The name, address, apartment number, and telephone number of the resident superintendent of the building, if any. (1) Exception. In the event that a building is: (a) A one family house, such notice need not be posted. The owner shall furnish tenant with the information required in SECTION 3 (A) (1) and SECTION 3 (A) (2) listed above. (b) A two or three family house and the owner of the building resides in the building, such notice need not be posted, but the owner shall furnish each tenant with the information required in SECTION 3 (A) (2) listed above. (2) In the event of a change of ownership, a change of the designated agent, or a change of the resident superintendent of such building, the owner of the property shall file with the City Clerk a new designation of agent and also naming the City Clerk to receive process and shall post a revision of the required notice in the building and file a copy of the same with the City Clerk within thirty (30) days of any such change. SECTION 6. Penalties for offense. Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with any of the terms of this chapter shall be guilty of a violation and be subject to a fine or not less than one hundred ($100.00) dollars and not more than five hundred ($500.00) dollars. Each week a violation continues shall be deemed a separate offense.  SECTION 7. Severability. The invalidity of any clause, sentence, paragraph, or provision of this Local Law shall not invalidate any other clause sentence, paragraph, or part thereof. SECTION 8. Repealed. All Local Laws or ordinances, or part of Local Laws, or ordinances, in conflict with any part of this Local law shall be hereby repealed. SECTION 9. Effective date. This local law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Corp. Counsel Proposed Ordinance No. 2 Submitted to council on: 01 / 26 / 22 Proposed Resolution No. Sent to Council Attorney on: 01 / 26 / 22 Thursday Rule Waiver Required? N Date of Legislation: 01 / 28 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember ORDINANCE AMENDING COMPOSITION OF THE BUREAU OF FIRE WHEREAS, the administration has applied for a SAFER grant from the federal government to provide funds for an additional eight (8) positions of firefighter-firefighter-EMT in the Bureau of Fire, and WHEREAS, the Common Council wishes to amend the composition of the Bureau of Fire to create the number of firefighter-firefighter-EMT positions for which funds are provided for under the grant to be effective only if and when the 2021 SAFER grant application is approved. ORDAINED, §2-2-168 of the Utica City Code regarding the Fire Department composition is hereby amended to read as follows: (a) The sworn personnel strength and composition of the Bureau of Fire of the Department of Public Safety shall consist of the following numbers and ranks: Job Title Number Authorized Fire Chief 1 Assistant Fire Chief 1 Chief Fire Marshal 1 Assistant Maintenance Superintendent 1 Deputy Fire Chiefs 4 Fire Captains 8 Fire Marshal 1 Fire Lieutenants 22 Firefighters and firefighters/EMT 93 ------------------------ Total 124 (b) The Commissioner of Public Safety shall continue to assign personnel in the numbers and the ranks deemed necessary to the divisions and assignments within the Bureau of Fire as may be created, all in accordance with law. (c) Except as otherwise provided by law, whenever a vacancy occurs in the position of “firefighter” any appointment to fill such vacancy shall be made from the “firefighters/EMT” eligible list. FURTHER ORDAINED, this increase in complement is expressly conditioned upon the approval of the 2021 SAFER grant application sufficient to fund such positions and shall not become effective unless and until said grant is approved. FURTHER ORDAINED, if the 2021 SAFER grant provides funds for a different number of positions than provided for herein, then the complement shall be amended to provide for the number of positions provided for in the grant.  FURTHER ORDAINED, this ordinance shall apply only to the 2021 SAFER grant application and will become null and void if said grant is not approved. FURTHER ORDAINED, this ordinance shall not be certified for publication until after the City Clerk receives certification that the 2021 SAFER grant has been approved and the number of positions funded 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Corporation Counsel Proposed Ordinance No. 6 Submitted to council on: 09 / 20 / 22 Proposed Resolution No. Sent to Council Attorney on: 09 / 20 / 22 Thursday Rule Waiver Required? N Date of Legislation: 09 / 21 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson ORDINANCE AMENDING SECTION 2-29-346 OF THE UTICA CITY CODE OF ORDINANCES BE IT ORDAINED, that Section 2-29-346 of the Code of Ordinances is hereby amended to read as follows: (d) 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. 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 18 Submitted to council on: 11 / 15 / 22 Proposed Resolution No. Sent to Council Attorney on: 11 / 15 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 16 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa Ordinance Amending the Zoning Code Amendment to Chapter 2-14 Article XIV Be it Ordained that the Title of Chapter 2-14 Article XIV of the Zoning Code, be amended From: Neighborhood Retail Certificate of Use To: Neighborhood Retail Certificate and/or Neighborhood Convenience Store Use. 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 19 Submitted to council on: 11 / 15 / 22 Proposed Resolution No. Sent to Council Attorney on: 11 / 15 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 16 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa Ordinance Amending the Zoning Code Amendment to Section 2-14-337 “definitions” Be it Ordained that Section, 2-14-337 “definitions” of the Zoning Code be amended to add the definition: Neighborhood Convenience Store: Neighborhood Convenience Store is defined as any retail sales business of less than 6,000 square feet of gross floor area per floor which specializes in providing household products and foods and may also provide for any or all of the following as an accessory use: the sale and/or rental of audio/video recordings of any format, provided that an adult-oriented business is specifically prohibited; the preparation and sales of delicatessen sandwiches and foods; and the use of no more than two amusement devices such as pinball machines, video games or other similar devices. The sale of tobacco related items, and anything vape related. Neighborhood convenience stores shall not include the dispensing of gasoline or other motor vehicle fuels. 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 20 Submitted to council on: 11 / 15 / 22 Proposed Resolution No. Sent to Council Attorney on: 11 / 15 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 16 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa Ordinance Amending the Zoning Code Amendment to Section 2-29-7 “definitions” Be it Ordained that Section, 2-29-7 “definitions” of the Zoning Code be amended to add the definition: Neighborhood Convenience Store: Neighborhood Convenience Store is defined as any retail sales business of less than 6,000 square feet of gross floor area per floor which specializes in providing household products and foods and may also provide for any or all of the following as an accessory use: the sale and/or rental of audio/video recordings of any format, provided that an adult-oriented business is specifically prohibited; the preparation and sales of delicatessen sandwiches and foods; and the use of no more than two amusement devices such as pinball machines, video games or other similar devices. The sale of tobacco related items, and anything vape related. Neighborhood convenience stores shall not include the dispensing of gasoline or other motor vehicle fuels. . 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Friend Proposed Ordinance No. 21 Submitted to council on: 12 / 1 / 22 Proposed Resolution No. Sent to Council Attorney on: 12 / 1 / 22 Thursday Rule Waiver Required? N Date of Legislation: 12 / 7 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend ORDINANCE AMENDING SECTION 2-13-53 “CONDITIONS FOR AWARD OF MUNICIPAL CONTRACTS” OF THE UTICA CODE OF ORDINANCES BE IT ORDAINED, that Sec. 2-13-53 (i) of ARTICLE III, Chapter 2-13 “Human Rights” of the Utica Code of Ordinances be amended to read as follows: (i) Apprentice training agreements (1) Pursuant to § 816-b, Subdivision 2, of the New York State Labor Law, the City of Utica may shall require, prior to entering into any construction contract, that such contract contain apprenticeship agreements appropriate for the type and scope of work to be performed that have been registered and approved by the Commissioner of Labor as provided for in § 814 of the New York State Labor Law for contracts in an amount in excess of $250,000. (2) The Board of Contract and Supply, when considering whether or not to include a requirement for an apprenticeship agreement, is encouraged to consider such factors as the number of bids received for previous, similar projects; cost; project time lines; and the principles of fairness and fiduciary responsibility that govern public bidding in New York State. (3) Contractors may shall refer to and adopt apprenticeship agreements as set forth in § 815 of the New York State Labor Laws. (4) "Construction contract" shall mean any contract to which the City of Utica and its affiliated agencies shall be a principal party which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility or physical structure of any kind, if the labor components, final assessed value, gross capital costs and/or component of such contract or project is in excess of $250,000. (5) The Board of Contract and Supply, with the assistance of the City Engineer, shall promulgate rules and regulations for the implementation and enforcement of the provisions of this subsection. (6) If any clause, sentence, paragraph, subdivision, section or part of this subsection or application thereof to any person, individual, corporation, firm, partnership, entity or circumstances shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this subsection or its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such judgment or order shall be rendered.  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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 22 Submitted to council on: 11 / 15 / 22 Proposed Resolution No. Sent to Council Attorney on: 11 / 15 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 16 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa Ordinance Amending the Zoning Code Amendment to Section 2-29-125 “Use Table Section C Commercial Adding Neighbored Convenience Store” Be it Ordained that Section, 2-29-125 “Use Table” of the Zoning Code be amended by adding a neighborhood convenience store to Section C. Commercial, with the use table blank: CBD UMU NMU RM R1 I IMU LC MUC Supplemental Regulations Neighborhood X Convenience Store 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 23 Submitted to council on: 11 / 15 / 22 Proposed Resolution No. Sent to Council Attorney on: 11 / 15 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 16 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa Ordinance Amending the Zoning Code Amendment to Section 2-29-125 “Use Table C. Commercial – Neighborhood Retail” Be it Ordained that Section, 2-29-125 “Use Table C. Commercial” of the Zoning Code be amended by: Neighborhood retail leaving the district row blank by removing P from the row. CBD UMU NMU RM R1 I IMU LC MUC Supplemental Regulations Neighborhood P P P P P P X 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 24 Submitted to council on: 11 / 15 / 22 Proposed Resolution No. Sent to Council Attorney on: 11 / 15 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 16 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa Ordinance Amending the Zoning Code Amendment to Section 2-29-125 “Use Table C. Commercial - Smoke Shop” Be it Ordained that Section, 2-29-125 “Use Table C. Commercial” of the Zoning Code be amended by: Smoke shop leaving district row blank by removing P from the row to be left blank. CBD UMU NMU RM R1 I IMU LC MUC Supplemental Regulations Smoke Shop P P P P . 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 25 Submitted to council on: 11 / 15 / 22 Proposed Resolution No. Sent to Council Attorney on: 11 / 15 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 16 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa Ordinance Amending the Zoning Code Amendment to Section 2-29-125 “Use Table D. Automotive - Gasoline/Convenience Station” Be it Ordained that Section, 2-29-125 “Use Table D. Automotive” of the Zoning Code be amended by: Removing “convenience” from the term “gasoline/convenience station” and amending it to say gasoline station. CBD UMU NMU RM R1 I IMU LC MUC Supplemental Regulations Gasoline/Convenience SP SP S S X Station 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 26 Submitted to council on: 11 / 15 / 22 Proposed Resolution No. Sent to Council Attorney on: 11 / 15 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 16 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa Ordinance Amending the Zoning Code Amendment to Section 2-29-125 “Use Table D. Automotive - Gas Station” Be it Ordained that Section, 2-29-125 “Use Table D. Automotive” Gasoline Station of the Zoning Code be amended by removing SP from the NMU district. CBD UMU NMU RM R1 I IMU LC MUC Supplemental Regulations Gasoline SP SP S S X Station 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 27 Submitted to council on: 11 / 15 / 22 Proposed Resolution No. Sent to Council Attorney on: 11 / 15 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 16 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa Ordinance Amending the Zoning Code Amendment to Section 2-29-85 “Adoption of Amendment” Be it Ordained that Section, 2-29-85 “Adoption of Amendment” to the Zoning Code be amended as follows: Sec. 2-29-85Adoption of amendment. After the public hearing and referral to and report by the Planning Board, a majority vote of the members of the Common Council shall be required to amend this chapter, except as described in the protest petition process. 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. _____28_ Submitted to council on: 11 / 15 / 22 Proposed Resolution No. Sent to Council Attorney on: 11 / 15 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 16 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa Ordinance Amending the Zoning Code Amendment to Article XI “Supplemental Regulations” Be it Ordained that, Article XI “Supplemental Regulations” to the Zoning Code be amended as follows: Removing the word “convenience” from Section D in automotive uses and Section D subsection 1. The section should read as follows: (d) Gasoline/Convenience stations shall be subject to the following requirements: (1) When a gasoline/convenience station is located adjacent to a residential use it shall be shielded by wall, fencing or other suitable material which shall serve to screen noise and uncontrolled entrance. 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 29 Submitted to council on: 11 / 15 / 22 Proposed Resolution No. Sent to Council Attorney on: 11 / 15 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 16 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa Ordinance Amending Article XI: Supplemental Regulations of the Zoning Code Amendment to Section. 2-29-361 “Adding Neighborhood Convenience Store” Be it Ordained that, Section 2-29-361“Adding Neighborhood Convenience Store” to the Zoning Code be amended as follows: 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 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. 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 35 Submitted to council on: 11 / 15 / 22 Proposed Resolution No. Sent to Council Attorney on: 11 / 15 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 16 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa Ordinance Amending Zoning Code Section Designations Be it Ordained that Division 4 – Special Use Permit and Article XI – Supplemental Regulations of the Official Zoning Code Ordinance be amended to reflect the following section designations: Division 4 – Special Use Permit Sec. 2 -29-331 Purpose Sec. 2-29-332 Application Content Sec. 2-29-333 Criteria Sec. 2-29-334 Special Use Permit Review Sec. 2-29-335 Planning Board Action Sec. 2-29-336 Special Use Permit Expiration, Revocation and Enforcement Article XI – Supplemental Regulations Sec. 2-29-341 Adult Uses Sec. 2-29-343 Veterinary Clinic/Hospital Sec. 2-29-344 Automotive Uses Sec. 2-29-345 Commercial, Indoor Recreation and Outdoor Recreation Sec. 2-29-346 Retail, Neighborhood Sec. 2-29-347 Dwelling, Accessory Units (ADU) Sec. 2-29-348 Emergency Services Sec. 2-29-349 Essential Services Sec. 2-29-350 Geothermal Energy Systems Sec. 2-29-351 Greenhouse Sec. 2-29-352 Home Occupations Sec. 2-29-353 Live-Work Sec. 2-29-354 Kennel, Commercial and Dog Day-Care Sec. 2-29-356 Municipal/Civic, Utility Use (See Existing Community Facilities) Sec. 2-29-357 Storage Yard Sec. 2-29-358 Solar Energy Systems Sec. 2-29-359 Vending Lots Sec. 2-29-360 I/IMU Buffer Requirements 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 1 Submitted to council on: 11 / 21 / 22 Proposed Resolution No. Sent to Council Attorney on: 11 / 21 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 21 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: LAW Proposed Ordinance No. 03 Submitted to council on: 11 / 21 / 22 Proposed Resolution No. Sent to Council Attorney on: 11 / 21 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 11 / 21 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Williamson, Meola A TECHNICAL AMENDMENT TO THE ZONING ORDINANCE WHEREAS, the Common Council of the City of Utica did, on February 3, 2021, adopt and establish new Zoning Regulations for the City of Utica; WHEREAS, the Ordinance adopted on February 3, 2021 attached a copy of the new Zoning Regulations as Exhibit A, which did not include the proper section numbers; WHEREAS, the Ordinance authorized eCode of Rochester, New York to renumber the sections and subdivisions of the ordinance, prior to publication, to conform to the numbering system used in the existing Utica City Code; WHEREAS, eCode has renumbered the sections and subdivisions of the ordinance to conform to the numbering system and the ordinance and published the new Zoning Regulations to eCode; WHEREAS, this is a technical amendment to reflect the new section and subdivision numbers for record keeping purposes; BE IT ORDAINED, the section and subdivision numbers within the Zoning Regulations passed on February 3, 2021 and subsequent amendments to the Zoning Regulations shall be corrected to conform to the numbering system as it appears on eCode. 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Meola Proposed Ordinance No. 17 Submitted to council on: 12 / 1 / 22 Proposed Resolution No. Sent to Council Attorney on _12__/ 1 / 22 Thursday Rule Waiver Required? N Date of Legislation: 12 / 7 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Meola INTERSECTIONS WHERE STOP REQUIRED BE IT ORDAINED, that Sec. 2-16-358 Schedule C: Intersections where stop required., be amended to include the following: Hollingsworth Ave and Jefferson Ave (Added 12/7/2022) BE IT FURTHER ORDAINED, that the proper legislation is now in place. 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Meola Proposed Ordinance No. 18 Submitted to council on: 12 / 1 / 22 Proposed Resolution No. Sent to Council Attorney on _12__/ 1 / 22 Thursday Rule Waiver Required? N Date of Legislation: 12 / 7 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Meola INTERSECTIONS WHERE STOP REQUIRED BE IT ORDAINED, that Sec. 2-16-358 Schedule C: Intersections where stop required., be amended to include the following: Rosemont and Mohawk Street (Added 12/7/2022) BE IT FURTHER ORDAINED, that the proper legislation is now in place. 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Meola Proposed Ordinance No. 19 Submitted to council on: 12 / 1 / 22 Proposed Resolution No. Sent to Council Attorney on: 12 / 1 / 22 Thursday Rule Waiver Required? N Date of Legislation: 12 / 7 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Meola INTERSECTIONS WHERE STOP REQUIRED BE IT ORDAINED, that Sec. 2-16-358 Schedule C: Intersections where stop required; Sherman Drive and Mohawk Street Be RESCINDED (Added 12/7/2022) 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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Friend Proposed Ordinance No. 21 Submitted to council on: 12 / 1 / 22 Proposed Resolution No. Sent to Council Attorney on: 12 / 1 / 22 Thursday Rule Waiver Required? N Date of Legislation: 12 / 7 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend ORDINANCE AMENDING SECTION 2-13-53 “CONDITIONS FOR AWARD OF MUNICIPAL CONTRACTS” OF THE UTICA CODE OF ORDINANCES BE IT ORDAINED, that Sec. 2-13-53 (i) of ARTICLE III, Chapter 2-13 “Human Rights” of the Utica Code of Ordinances be amended to read as follows: (i) Apprentice training agreements (1) Pursuant to § 816-b, Subdivision 2, of the New York State Labor Law, the City of Utica may shall require, prior to entering into any construction contract, that such contract contain apprenticeship agreements appropriate for the type and scope of work to be performed that have been registered and approved by the Commissioner of Labor as provided for in § 814 of the New York State Labor Law for contracts in an amount in excess of $250,000. (2) The Board of Contract and Supply, when considering whether or not to include a requirement for an apprenticeship agreement, is encouraged to consider such factors as the number of bids received for previous, similar projects; cost; project time lines; and the principles of fairness and fiduciary responsibility that govern public bidding in New York State. (3) Contractors may shall refer to and adopt apprenticeship agreements as set forth in § 815 of the New York State Labor Laws. (4) "Construction contract" shall mean any contract to which the City of Utica and its affiliated agencies shall be a principal party which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility or physical structure of any kind, if the labor components, final assessed value, gross capital costs and/or component of such contract or project is in excess of $250,000. (5) The Board of Contract and Supply, with the assistance of the City Engineer, shall promulgate rules and regulations for the implementation and enforcement of the provisions of this subsection. (6) If any clause, sentence, paragraph, subdivision, section or part of this subsection or application thereof to any person, individual, corporation, firm, partnership, entity or circumstances shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this subsection or its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such judgment or order shall be rendered.  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 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2022 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime