Common Council Meeting Minutes

To view the legislation referenced in the below City of Utica minutes, please click the Common Council – Regular Meeting highlighted link. A full September 21st, 2022 list of legislation can be found following the minutes. To search for a The meeting is called to order at 7:02 P.M. specific word or phrase, click the F key while Melissa Sciortino, City Clerk; holding down the Andrew Castilla, Deputy City Clerk control key. Type the Michael Galime, Common Council President desired word or phrase into the text box. To Present: Katie Aiello, 1st District Councilmember; view the full recorded Robert Burmaster, 2nd District Councilmember; Common Council Celeste Friend, 3rd District Councilmember; Meeting, please visit the Frank Meola, 4th District Councilmember; City of Utica Youtube Venice Ervin; 5th District Councilmember; page. Joseph Betrus, Jr., 6th District Councilmember; Mark Williamson, Councilmember at Large; Samantha Colosimo-Testa, Councilmember at Large Frank DiBrango, Councilmember at Large & President Pro-Temp Also Present: Anthony Garramone, Esq., Common Council Attorney; Stephanie DiGiorgio, Esq., Assistant Corporation Counsel; Ed Noonan, Deputy Chief, UPD Brian Thomas, Commissioner, UED James Noon, Assistant Chief, UFD A motion to waive the minutes from the previous meeting made by Councilmember Williamson The motion is seconded by Councilmember Colosimo-Testa None opposed: Minutes waived No speakers signed up for public hearing A motion by Councilmember Williamson to pull PRO. ORD. 9 – SALE OF 713 & 715 OSWEGO STREET from Committee of the Whole Motion seconded by Councilmember Betrus Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus. Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #84 of 2022 A motion by Councilmember Meola to pull PRO. ORD. 11 – SALE OF 3-5 WAVERLY PLACE from Committee of the Whole Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus. Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #85 of 2022 A motion by Councilmember Burmaster to pull PRO. ORD. 13 – SALE OF 1502 & 1506 MILLER STREET from Committee of the Whole Motion seconded by Councilmember Ervin Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus. Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #86 of 2022 A motion by Councilmember Colosimo-Testa to pull PRO. ORD. 15 – SALE OF 35 FAXTON STREET from Committee of the Whole Motion seconded by Councilmember Friend Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus. Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #87 of 2022 PRO. RES. 3 – PLACEMENT OF AN HONORARY STREET SIGN FOR JOSEPH MOSKAL ON CORNELIA PLACE Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted Three speakers signed up for public comment period PRO. ORD 1 – E & A TRANSFER FOR THE 2021-2022 FISCAL YEAR A motion by Councilmember Meola to move Pro. Ord. 1 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted as Ordinance #88 of 2022 PRO. RES. 2 – RESTORE NY GRANT APPLICATION – REINVENTING 131 BOSTON PLACE A motion by Councilmember Meola to move Pro. Res. 2 Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9  Nays: 0 Adopted PRO. ORD. 4 – INTERSECTIONS WHERE STOP REQUIRED – LAURELWOOD DRIVE A motion by Councilmember Betrus to move Pro. Ord. 4 Motion seconded by Councilmember Burmaster Adopted as Ordinance #89 of 2022 PRO. RES. 5 – RESOLUTION PROVIDING FOR A PUBLIC HEARING ON A ZONING TEXT AMENDMENT Public Hearing scheduled for October 5th, 2022 at 7pm. A motion by Councilmember Meola to move Pro. Res. 5 Motion seconded by Councilmember Friend Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted PRO. ORD. 6 – ORDINANCE AMENDING SECTION 2-29-346 OF THE CITY OF UTICA CODE OF ORDINANCES A motion by Councilmember Meola to place Pro. Ord. 6 in Committee of the Whole Motion seconded by Councilmember Williamson None Opposed Placed in Committee of the Whole A motion by Councilmember Meola to pull PRO. RES. 19 – RESTORE NY SPECIAL PROJECT from Committee of the Whole Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus. Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted A motion by Councilmember Meola to pull PRO. RES. 20 – RESTORE NY – REHABILITATION OF THE 1933 BUILDING AT HARBOR POINT from Committee of the Whole Motion seconded by Councilmember Williamson Ayes: Aiello, Burmaster, Friend, Meola, Ervin, Betrus. Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted A motion to adjourn made by Councilmember Meola Seconded by Councilmember Friend President Galime Adjourned: 7:33 P.M. Certify To: Budget, Comptroller, URA Ordinance: 84 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Burmaster September 21, 2022 Ordinance approving the designation of Americo D. Romero as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 713 & 715 Oswego Street WHEREAS, The Utica Urban Renewal Agency has acquired 713 & 715 Oswego 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 Americo D. Romero; and the developer proposes to purchase 713 & 715 Oswego Street to fence 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, September 21, 2022 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. 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; FURTHER ORDAINED: That the purchase price for the above said property is $500.00; and 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. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 22nd day of September, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Ordinance: 85 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Burmaster September 21, 2022 Ordinance approving the designation of Janette Martinez as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 3-5 Waverly Place WHEREAS, The Utica Urban Renewal Agency has acquired 3-5 Waverly 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 Janette Martinez; and the developer proposes to purchase 3-5 Waverly Place to continue living there with her family; and the purchase will require the payment of $8,500.00; 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 21, 2022 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. ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER ORDAINED: That the purchase price for the above said property is $8,500.00; and 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. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 22nd day of September, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Ordinance: 86 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Ervin September 21, 2022 Ordinance approving the designation of Joyrai Htoo & Gay Ler Paw as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1502 & 1506 Miller Street WHEREAS, The Utica Urban Renewal Agency has acquired 1502 & 1506 Miller 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 Jayrai Htoo & Gay Ler Paw; and the developer proposes to purchase 1502 & 1506 Miller Street to continue living there with their family; and the purchase will require the payment of $17,426.00; 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 21, 2022 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. ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER ORDAINED: That the purchase price for the above said property is $17,426.00; and 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. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 22nd day of September, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Ordinance: 87 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Ervin September 21, 2022 Ordinance approving the designation of Abdirham Awu Mwalinu & Safiya Osman as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 35 Faxton Street WHEREAS, The Utica Urban Renewal Agency has acquired 35 Faxton 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 Abdirham Awu Mwalinu & Safiya Osman; and the developer proposes to purchase 35 Faxton 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 21, 2022 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. ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER ORDAINED: That the purchase price for the above said property is $30,000.00; and 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. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 22nd day of September, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Sign Shop, Law Resolution: 1 City of Utica Department of Legislation In Common Council September 21, 2022 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango PLACEMENT OF AN HONORARY STREET SIGN FOR JOSEPH MOSKAL ON CORNELIA PLACE WHEREAS, Joseph Moskal was a longtime resident and businessman of the City of Utica, and served as a member of the City of Utica Common Council for 20 years, and WHEREAS, there was a previously an honorary street sign erected at Kennedy Circle, that has since been removed, and RESOLVED, that the Common Council of the City of Utica, authorizes the placement of an honorary street sign naming Cornelia Place as “Moskal Place” on Cornelia Place and Genesee Street, and Cornelia Place and Cornelia Street to posthumously honor and recognize Joseph Moskal for his many years of dedicated service to the City. FURTHER RESOLVED, that this Resolution be inscribed in the minutes of the Common Council Meeting of September 21, 2022. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 22nd day of September, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance: 88 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson September 21, 2022 E&A TRANSFER 2021-2022 FISCAL YEAR ORDAINED, the City Comptroller is hereby authorized and directed to make the following transfer of funds: Account No. Account Name Amount From: A59999-999 Contingency $ 4,189.00 A51930-431 Liability - Insurances $ 7,041.00 To: A59730-443 Bond & Note Services $ 4,189.00 A51989-423 General Gov't - Telephone $ 7,041.00 Explanation for Transfer: To account for unexpected cost of fiscal services for borrowing and telephone and internet services. A59999-999 Original Budget: $ 150,000.00 Revised Budget with Transfer $ 3,860.00 Transfers in: $ - Transfers out: $ 141,951.00 Expended & Encumbered: $ - Balance before Transfer: $ 8,049.00 Percent Used (Original Budget): 0.00% Percent Used (Revised Budget): 0.00% A51930-431 Original Budget: $ 380,000.00 Revised Budget with Transfer $ 372,959.00 Transfers in: $ - Transfers out: $ - Expended & Encumbered: $ 369,019.09 Balance before Transfer: $ 10,980.91 Percent Used (Original Budget): 97.11% Percent Used (Revised Budget): 98.94% A59730-443 Original Budget: $ 30,000.00 Revised Budget with Transfer $ 47,240.00 Transfers in: $ 13,051.00 Transfers out: $ - Expended & Encumbered: $ 47,239.19 Balance before Transfer: $ (4,188.19) Percent Used (Original Budget): 118.51% Percent Used (Revised Budget): 100.00% A51989-423 Original Budget: $ 90,000.00 Revised Budget with Transfer $ 127,041.00  Transfers in: $ 30,000.00 Transfers out: $ - Expended & Encumbered: $ 127,040.63 Balance before Transfer: $ (7,040.63) Percent Used (Original Budget): 118.51% Percent Used (Revised Budget): 100.00% Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 22nd day of September, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Resolution: 2 City of Utica Department of Legislation In Common Council September 21, 2022 Sponsored by: Councilmembers Meola, Williamson Restore NY Grant Application – Reinventing 131 Boston Place WHEREAS, Oneida County is seeking to submit a Restore NY application to the New York State Regional Economic Development Councils through the Empire State Development Corporation for a project to be located at 131 Genesee Street, Utica, NY, a site located within the territorial jurisdiction of this Common Council of the City of Utica; and WHEREAS, as a requirement under the rules of these programs, the legislative body of the local municipality that maintains land use control over the proposed project site must pass a resolution finding that the proposed project is consistent with the municipality’s local revitalization or urban development plan; that the proposed financing is appropriate for the specific project; that the project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and preservation of community resources; and the project develops and enhances infrastructure and/or other facilities in a manner that will attract, create, and sustain employment opportunities where applicable; and WHEREAS, the applicant is seeking $2,000,000 and as this grant opportunity requires a minimum match of 10%, it will be met or exceeded by a private match from the building owner; and WHEREAS, the project will allow for improvements to include exterior façade renovation, roof, mechanical systems as well as new restrooms and elevators providing ADA compliance needed to repurpose the building for office and/or technology uses; and WHEREAS, 131 Genesee Street (former 131 Boston Place Building) is situated at the gateway of Downtown Utica, and façade improvements in a modern style will help to reinforce that Utica is emerging as a center for commerce, technology, culture, sports and entertainment, complementing the $760,000,000 in public and private investments nearby; and WHEREAS, the project site is located in an Empire Zone within minutes of Marcy Nanocenter and can support spin- off technology uses that support the region’s nascent semiconductor and advanced electronics cluster; and WHEREAS, the project is consistent with and will complement the City of Utica’s Downtown Revitalization Initiative (DRI) and is located within its target area. RESOLVED that the Common Council of the City of Utica hereby does approve and endorse the application of Oneida County for a grant through the Empire State Development Corporation for a project under the Restore NY program for a project known as Reinventing 131 Boston Place. FURTHER RESOLVED that the Common Council of the City of Utica finds the proposed project to be consistent with the municipality’s local revitalization plans; that the proposed financing is appropriate for the specific project; that the project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and preservation of community resources; and the project develops and enhances infrastructure and/or other facilities in a manner that will attract, create, and sustain employment opportunities where applicable. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 22nd day of September, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Sign Shop, UPD, Law Ordinance: 89 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Betrus September 21, 2022 INTERSECTIONS WHERE STOP REQUIRED ORDAINED, that Sec. 2-16-358 Schedule C: Intersections where stop required, be amended to include the following: Laurelwood Drive at Tamarack Street intersection, southwest corner; to control eastbound traffic FURTHER ORDAINED, that the proper signage be erected where necessary Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 22nd day of September, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA, Law Resolution: 3 City of Utica Department of Legislation In Common Council September 21, 2022 Sponsored by: Councilmembers Meola, Williamson RESOLUTION PROVIDING FOR PUBLIC HEARING ON A ZONING TEXT AMENDMEMENT WHEREAS, the Utica Common Council proposed an amendment to the zoning ordinance to limit the ability of neighborhood retail establishments from locating within 2,000 linear feet of each other, regardless of the zoning district in which use is located, and WHEREAS, the proposed amendment was referred to the planning board on August 18, 2022 for a report thereon, and WHEREAS, the Planning Board made a recommendation regarding the proposed zoning text amendment, which is on file with the City Clerk, and WHEREAS, the City of Utica Zoning Ordinance requires that before any amendment, supplement or change in the text there shall be a public notice and hearing, and WHEREAS, the City Clerk shall cause to be published a public hearing notice least two (2) times not less than ten (10) days before the public hearing, and it is RESOLVED, that the Utica Common Council shall conduct a public hearing on the proposed amendment at its regular meeting on October 5, 2022, at 7:00 p.m. in the Common Council Chambers, One Kennedy Plaza, Utica, New York, to provide the public with an opportunity to ask questions and offer comments on the proposed zoning text amendment. Immediately after the public hearing, the Utica Common Council may consider legislation that will amend the zoning ordinance to limit the ability of neighborhood retail establishments from locating within 2,000 linear feet of each other. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 22nd day of September, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  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 Certify To: Budget, Comptroller, URA Resolution: 4 City of Utica Department of Legislation In Common Council September 21, 2022 Sponsored by: Councilmembers Meola, Williamson Restore NY Special Project WHEREAS, grant funding has been made available through the State of New York, administered by the Empire State Development Corporation. The funding program, Restore New York Communities Initiative, aims to revitalize urban and rural areas, disadvantaged communities and stabilizing neighborhoods. Funding is available for several eligible activities, including: demolition, rehabilitation and/or reconstruction of vacant, abandoned, condemned or surplus properties; and WHEREAS, under the regulations of this sixth round of Restore New York funding, the City of Utica is eligible to submit a request for State assistance of up to $10 million for a ‘special project’. The City is proposing to submit an application on behalf of the respective developers for the rehabilitation of the Mayro building (239 Genesee Street) and the building at 315-319 Court Street. RESOLVED, that the Common Council of the City of Utica, New York has considered the proposed Restore New York grant application funding proposal. The Council finds that funding of the proposed project is consistent with the City’s 2011 master plan. One of the master plan’s goals included: Promote residential and mixed-use development downtown that is consistent with Utica’s heritage and architecture. One of the Implementation Strategies under that Goal is to utilize local, state, federal dollars for the rehabilitation of historic buildings and buildings that contribute to Utica’s historic character. Additionally, the Council finds that the $10 million request is appropriate for both properties and that the project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and preservation of community resources. The Council also finds that the project develops and enhances infrastructure and existing buildings in a manner that will attract, create and sustain employment opportunities. FURTHER RESOLVED, that the Common Council hereby authorizes the Mayor to submit this Restore New York project to the State of New York and authorizes the Mayor to enter into any and all necessary agreements upon successful award of the funding proposal. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 22nd day of September, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Resolution: 5 City of Utica Department of Legislation In Common Council September 21, 2022 Sponsored by: Councilmembers Meola, Williamson Restore NY Harbor WHEREAS, grant funding has been made available through the State of New York, administered by the Empire State Development Corporation. The funding program, Restore New York Communities Initiative, aims to revitalize urban and rural areas, disadvantaged communities and stabilizing neighborhoods. Funding is available for several eligible activities, including: demolition, rehabilitation and/or reconstruction of vacant, abandoned, condemned or surplus properties; and WHEREAS, under the regulations of this sixth round of Restore New York funding, the City of Utica is eligible to submit a request for State assistance of up to $3 million. The City is proposing to submit an application for the rehabilitation of the ‘1933 building’ at Harbor Point; and RESOLVED, that the Common Council of the City of Utica, New York has considered the proposed Restore New York grant application funding proposal. The Council finds that funding of the proposed project is consistent with the City’s 2011 master plan as one of the master plan’s goals included: Develop appropriate portions of the waterfront and Inner Harbor as a mixed use destination attraction for Utica that enhances the existing water’s edge with public and private investment. Additionally, the Council finds that the $3 million request is appropriate for the Harbor building and that the project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and preservation of community resources. The Council also finds that the project develops and enhances infrastructure and an existing building in a manner that will attract, create and sustain employment opportunities. FURTHER RESOLVED, that the Common Council hereby authorizes the Mayor to submit this Restore New York project to the State of New York and authorizes the Mayor to enter into any and all necessary agreements upon successful award of the funding proposal. Yeas: Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 22nd day of September, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk