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 November 2nd, 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 Celeste Friend, 3rd District Councilmember; Common Council Frank Meola, 4th District Councilmember; Meeting, please visit the Venice Ervin; 5th District Councilmember; City of Utica Youtube Joseph Betrus, Jr., 6th District Councilmember; page. 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 Marquis Phillips, Codes Commissioner A motion to waive the minutes from the previous meeting made by Councilmember Williamson The motion is seconded by Councilmember DiBrango None opposed: Minutes waived No speakers signed up for Public Hearing A motion by Councilmember Meola to pull PRO. ORD. 22 –ORDINANCE ACCEPTING PROPERTY IN THE HARBOR POINT AREA AS A PUBLIC STREET – LEE STREET from Committee of the Whole Motion seconded by Councilmember Williamson Ayes: Aiello, Friend, Meola, Ervin, Betrus. Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted as Ordinance #102 of 2022 A motion by Councilmember Meola to pull PRO. ORD. 24 – ORDINANCE ACCEPTING PROPERTY IN THE HARBOR POINT AREA AS A PUBLIC STREET – HARBOR LOCK ROAD from Committee of the Whole Motion seconded by Councilmember Betrus Ayes: Aiello, Friend, Meola, Ervin, Betrus. Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted as Ordinance #103 of 2022 11 speakers signed up for Public Comment Period A motion by Councilmember Friend to waive the Rules of Order to allow for discussion Motion seconded by Councilmember Meola Discussion Ensued PRO. ORD. 1 – INTERSECTIONS WHERE STOP REQUIRED – WINNER AVE. NORTHEAST CORNER A motion by Councilmember Meola to move Pro. Ord. 1 Motion seconded by Councilmember Williamson Ayes: Aiello, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted as Ordinance #104 as 2022 PRO. ORD. 2 – INTERSECTIONS WHERE STOP REQUIRED – WINNER AVE. SOUTHWEST CORNER A motion by Councilmember Meola to move Pro. Ord. 2 Motion seconded by Councilmember Williamson Ayes: Aiello, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted as Ordinance #105 of 2022 PRO. RES 3 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 1122 MILLER STREET A motion by Councilmember Meola to move Pro. Res. 3 Motion seconded by Councilmember Williamson Ayes: Aiello, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted PRO. ORD. 4 – SALE OF 1122 MILLER STREET A motion by Councilmember Meola to place Pro. Ord. 4 in Committee of the Whole Motion seconded by Councilmember Aiello Placed in Committee of the Whole PRO. RES 5 – CALLING FOR A PUBLIC HEARING ON THE SALE OF 313 JAMES STREET A motion by Councilmember Meola to move Pro. Res. 5 Motion seconded by Councilmember Betrus Councilmember Colosimo-Testa Qualified her vote Ayes: Aiello, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted PRO. ORD. 6 – SALE OF 313 JAMES STREET A motion by Councilmember Meola to place Pro. Ord. 6 in Committee of the Whole Motion seconded by Councilmember Ervin Placed in Committee of the Whole A motion by Councilmember Meola to waive the Thursday Rule Motion seconded by Councilmember Williamson None Opposed PRO. RES 7 – RESOLUTION RECOGNIZING THE STAFF AT WATSON WILLIAMS ELEMENTARY CREATED BY MRS. TESTA’S 5TH GRADE CLASS Pro. Res. 7 is being sponsored by the Full Council Ayes: Aiello, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted PRO. RES 8 – RESOLUTION PROVIDING FOR A PUBLIC HEARING ON A ZONING TEXT AMENDMENT A motion by Councilmember Colosimo-Testa to move Pro. Res. 8 Motion seconded by Councilmember Meola Ayes: Aiello, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 Nays: 0 Adopted A motion by Councilmember Friend to Discharge PRO. RES. 11, PRO. ORD. 3 and PRO. ORD. 26 from Committee of the Whole Motion seconded by Councilmember Meola None Opposed Legislation Discharged A motion to adjourn made by Councilmember Meola Seconded by Councilmember Friend President Galime Adjourned: 8:30 P.M. Certify To: Budget, Comptroller, Law, URA Ordinance: 102 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson November 2, 2022 ORDINANCE ACCEPTING PROPERTY IN THE HARBOR POINT AREA AS A PUBLIC STREET WHEREAS, Utica Harbor Point Development Corporation (UHPDC) is the owner of a parcel of real property described below, which is a portion of a larger tract commonly known as the Harbor Point Area, and WHEREAS, Utica Harbor Point Development Corporation proposes to convey said parcel to the City of Utica to be used as a public street, and WHEREAS, a public hearing has been held on November 2, 2022, and the matter has been referred to the Planning Board which has duly reported thereon. ORDAINED, that the City of Utica hereby accepts and declares the parcel of real property described below to be a public street and agrees to maintain and repair the same for public purposes. FURTHER ORDAINED, pursuant to Section 99 of the Second Class City’s Law, the City Engineer is hereby directed to fix the grade for said street. FURTHER ORDAINED, the Common Council hereby designates the name of the street to be Lee Street. FURTHER ORDAINED, the City Engineer is directed to cause the official map for the City of Utica to be amended in accordance with this Ordinance. FURTHER ORDAINED, the premises are described as follows: See attached. Yeas: Aiello, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 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 3rd day of November, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Law, URA Ordinance: 103 City of Utica Department of Legislation In Common Council Sponsored by: Councilmembers Meola, Williamson November 2, 2022 ORDINANCE ACCEPTING PROPERTY IN THE HARBOR POINT AREA AS A PUBLIC STREET WHEREAS, Utica Harbor Point Development Corporation (UHPDC) is the owner of a parcel of real property described below, which is a portion of a larger tract commonly known as the Harbor Point Area, and WHEREAS, Utica Harbor Point Development Corporation proposes to convey said parcel to the City of Utica to be used as a public street, and WHEREAS, a public hearing has been held on November 2, 2022, and the matter has been referred to the Planning Board which has duly reported thereon. ORDAINED, that the City of Utica hereby accepts and declares the parcel of real property described below to be a public street and agrees to maintain and repair the same for public purposes. FURTHER ORDAINED, pursuant to Section 99 of the Second Class City’s Law, the City Engineer is hereby directed to fix the grade for said street. FURTHER ORDAINED, the Common Council hereby designates the name of the street to be Harbor Lock Road. FURTHER ORDAINED, the City Engineer is directed to cause the official map for the City of Utica to be amended in accordance with this Ordinance. FURTHER ORDAINED, the premises are described as follows: See attached. Yeas: Aiello, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 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 3rd day of November, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Law, Sign Shop Ordinance: 104 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Burmaster November 2, 2022 INTERSECTIONS WHERE STOP REQUIRED ORDAINED, that Sec. 2-16-358 Schedule C: Intersections where stop required, be amended to include the following: Winner Avenue at Erie Street, Northeast Corner; To Control Northbound Traffic FURTHER ORDAINED, that the proper signage be erected where necessary. Yeas: Aiello, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 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 3rd day of November, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Law, Sign Shop Ordinance: 105 City of Utica Department of Legislation In Common Council Sponsored by: Councilmember Burmaster November 2, 2022 INTERSECTIONS WHERE STOP REQUIRED ORDAINED, that Sec. 2-16-358 Schedule C: Intersections where stop required, be amended to include the following: Winner Avenue at Whitesboro Street, Southwest Corner; To Control Northbound Traffic FURTHER ORDAINED, that the proper signage be erected where necessary. Yeas: Aiello, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 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 3rd day of November, 2022 _________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, URA Resolution: 1 City of Utica Department of Legislation In Common Council November 02, 2022 Sponsored by: Councilmember Ervin Calling for a Public Hearing on the Sale of 1122 Miller Street WHEREAS, The Utica Urban Renewal Agency is the owner of 1122 Miller 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 1122 Miller Street has been received by the Utica Urban Renewal Agency from Impact Cornhill, LLC; and WHEREAS, the developer plans to construct a new mixed use multi story building which will include service provider space, rec facilities and approximately 84 units of housing; and WHEREAS, the purchase price for this property is $0.00; 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 RESOLVED: that the Utica Common Council will conduct a public hearing on Wednesday, November 16, 2022 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 1122 Miller Street and authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. Yeas: Aiello, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 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 3rd day of November, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: URA Proposed Ordinance No. 4 Submitted to council on: 10 / 27 / 22 Proposed Resolution No. Sent to Council Attorney on: 10 / 27 / 22 Thursday Rule Waiver Required? N Date of Legislation: 11 / 02 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin Ordinance approving the designation of Impact Cornhill, LLC as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 1122 Miller Street WHEREAS, The Utica Urban Renewal Agency has acquired 1122 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 Impact Cornhill, LLC; and the developer proposes to purchase 1122 Miller Street to construct a new mixed use multi story building which will include service provider space, rec facilities and approximately 84 units of housing; and the purchase will require the payment of $0.00; 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, November 16, 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. NOW, THEREFORE, BE IT ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER BE IT ORDAINED: That the purchase price for the above said property is $0.00; and FURTHER BE IT ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 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: 2 City of Utica Department of Legislation In Common Council November 02, 2022 Sponsored by: Councilmember Ervin Calling for a Public Hearing on the Sale of 313 James Street WHEREAS, The Utica Urban Renewal Agency is the owner of 313 James 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 313 James Street has been received by the Utica Urban Renewal Agency from Impact Cornhill, LLC; and WHEREAS, the developer plans to construct a new mixed use multi story building which will include retail space and approximately 36 units of housing; and WHEREAS, the purchase price for this property is $0.00; 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 RESOLVED: that the Utica Common Council will conduct a public hearing on Wednesday, November 16, 2022 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 313 James Street authorize the Chairman of the Utica Urban Renewal Agency to execute all necessary documents to sell said property. Yeas: Aiello, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 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 3rd day of November, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: URA Proposed Ordinance No. 6 Submitted to council on: 10 / 27 / 22 Proposed Resolution No. Sent to Council Attorney on: 10 / 27 / 22 Thursday Rule Waiver Required? N Date of Legislation: 11 / 02 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Ervin Ordinance approving the designation of Impact Cornhill, LLC as an eligible and qualified project sponsor pursuant to Article 15 of the General Municipal Law for the purpose of the sale of 313 James Street WHEREAS, The Utica Urban Renewal Agency has acquired 313 James 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 Impact Cornhill, LLC; and the developer proposes to purchase 313 James Street to construct a new mixed use multi story building which will include retail space and approximately 36 units of housing and the purchase will require the payment of $0.00; 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, November 16, 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. NOW, THEREFORE, BE IT ORDAINED: That the Utica Common Council authorizes the Mayor, as Chairman of the Utica Urban Renewal Agency, to enter into a land contract pursuant to the terms and conditions outlined in the land contract, in order to sell which are located in the Utica Urban Renewal area; AND FURTHER BE IT ORDAINED: That the purchase price for the above said property is $0.00; and FURTHER BE IT ORDAINED: That the Chairman of the Utica Urban Renewal Agency is hereby authorized to take any and all steps necessary to complete the disposition of this property for the aforesaid purpose. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 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 Resolution: 3 City of Utica Department of Legislation In Common Council November 02, 2022 Sponsored by: Councilmembers Aiello, Burmaster, Friend, Meola, Ervin, Betrus, Williamson, Colosimo- Testa, DiBrango Resolution Recognizing the Staff at Watson Williams Elementary Created by Mrs. Testa’s 5th grade class Whereas, Mrs. Testa’s 5th grade class is learning about the legislative process in class and, Whereas, the class came up with the idea to draft a resolution to recognize the efforts of each of the staff at Watson Williams Elementary, that makes our school so great and, Whereas, the students would like to recognize the staff that teaches, protects, and helps students get through the school year and, Whereas, the staff being recognized includes teachers, janitors, lunch monitors, cafeteria attendants, security, secretaries, teacher’s assistants, nurses, all of Watson support staff and most importantly our principal Dr. Minor for the efforts they put forth each day, we as a class want to say thank you, Resolved, that the city of Utica Common Council does hereby declare November 3rd as Watson Williams Staff Day in the City of Utica. Yeas: Aiello, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 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 3rd day of November, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller, Law Resolution: 4 City of Utica Department of Legislation In Common Council November 02, 2022 Sponsored by: Councilmembers Meola, Williamson RESOLUTION PROVIDING FOR PUBLIC HEARING ON A ZONING TEXT AMENDMENT 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 November 16, 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, Friend, Meola, Ervin, Betrus, Williamson, Colosimo-Testa, DiBrango – 8 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 3rd day of November, 2022 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 03 / 02 / 22 Proposed Resolution No. 11 Sent to Council Attorney on: 03 / 02 / 22 Thursday Rule Waiver Required? Y Date of Legislation: 03 / 02 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa Resolution Requesting Each District Councilperson Allocate Funding To Establish A Business Directory App To Help Support And Revitalize The Businesses Of Utica WHEREAS, the goal would be to make it easy for Utica residents to find and support our local businesses. Also including, shop local community affording promotions and special events to residents and WHEREAS, residents would be able to search for businesses by name, address, or category/type and categories can also be selected, namely: • Building Contractors (e.g. electricians, painters, plumbers, roofers) • Educational (e.g. primary, secondary, universities, libraries) • Food & Drink (e.g. bakeries, bars, cafes, food delivery, restaurants, takeout) • General Services (ATMs, banks, cemeteries, lodging, parking, pharmacies) • Government (e.g. courthouses, fire stations, local government offices, police) • Houses of Worship (e.g. churches, Hindu temples, mosques, synagogues) • Personal Care (e.g. beauty salons, gyms, hair care, laundry, spas) • Professional Services (e.g. accountants, travel agencies, doctors, dentists, finance, funeral homes, insurance agencies, lawyers, locksmiths, moving companies, physical therapists, real estate agencies, veterinarians) • Shopping (e.g. apparel or clothing, bicycle, book, convenience, department, drug, electronics, florists, furniture, hardware, home goods, jewelry, liquor, movie rental, pet stores, shoes, shopping centers/malls, supermarkets) • Things to Do (e.g. parks, points of interest, tourist attractions) • Transportation & Vehicles (e.g. airport, auto repair, bus stations, car dealers, car rentals, car wash, gas stations, taxis) and WHEREAS, this is vital to helping promote businesses in the City along with using technology as well. NOW, THEREFORE, BE IT RESOLVED that the passing of this legislation shows support that the Common Council district representatives will utilize this funding to support businesses in their district. 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: Councilmembers Meola, Williamson Proposed Ordinance No. 3 Submitted to council on: 4 / 26 / 22 Proposed Resolution No. Sent to Council Attorney on: 4 / 26 / 22 Thursday Rule Waiver Required? N Date of Legislation: 5/ 04 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson AN ORDINANCE ADDING “CASINOS” TO THE TEMPORARY MORATORIUM ORDINANCE ADOPTED APRIL 20TH 2022 WHEREAS, on April 20, 2022, the Common Council did extend its previously adopted ordinance that placed a temporary moratorium upon the issue of any permits and/or permission for the development and/or establishment of any new convenience stores, neighborhood retail and/or smoke shops in the City of Utica for an additional 6-month period commencing 4/20/2022, and WHEREAS, there has been discussions that their might be a movement to establish a Casino in the City of Utica, and WHEREAS, the question of whether a Casino would be welcomed by the residents of the City of Utica resulted in an informed survey of said residents and the residents of Herkimer County, results indicated a substantial negative response by those polled, and WHEREAS, although the aforementioned poll was an unscientific poll performed by Zogby Strategies, it is something to consider and expand upon if such a proposal should be entertained in the near future, and BE IT ORDAINED by the Common Council of the City of Utica that the Ordinance of 4/20/2022 shall apply as follows: CASINOS Any proposal for a permit to any appropriate City Agency for the development or establishment of a Casino within the City of Utica, shall be subject to a temporary moratorium for a period of 6 months from the date of adoption of this ordinance, and BE IT FURTHER ORDAINED, that said moratorium may be extended for a further period should a proposal be submitted for the establishment of a Casino in the City of Utica, until such time as it will take to conduct a scientific poll as to the desire of the residents of the City of Utica to support or oppose such a development and also provide sufficient time for a formal imposed study to be produced that will provide needed data as to the impact of such a development on the health, safety and morals of the residents of the City of Utica. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 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. 26 Submitted to council on: 09 / 01 / 22 Proposed Resolution No. Sent to Council Attorney on: 09 / 01 / 22 Thursday Rule Waiver Required? N Date of Legislation: 09 / 07 / 22 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Friend Ordinance Amending the Zoning Code Amendment to Article IV, Division 1, Section 2-29-156, “Use Table” Be it Ordained that Section 2-29-156, the “Use Table” of the Zoning Code be amended such that “Gasoline/Convenience Station” no longer be permitted, either through Site Plan Review or Special Permit, in Neighborhood Mixed Use districts. 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