ORDINANCES INTRODUCED

Transcription

1 ORDINANCES INTRODUCED AN ORDINANCE AMENDING ARTICLE IX (GENERAL DISTRICT REGULATIONS) OF CHAPTER 375 (ZONING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SINGLE DWELLING UNITS AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF A PERMANENT AIR EASEMENT TO ALBANY MEDICAL CENTER OVER A PORTION OF THE CITY RIGHT-OF-WAY OF NEW SCOTLAND AVENUE IN THE CITY OF ALBANY FOR THE CONSTRUCTION OF A PEDESTRIAN BRIDGE AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS AN ORDINANCE AMENDING ARTICLE I (GENERAL) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NEIGHBORHOOD TRAFFIC CALMING AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (ZONING) IN RELATION TO CERTAIN SPECIAL PERMIT USES WITHIN C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS LOCATED WITHIN THE LARK STREET BUSINESS IMROVEMENT DISTRICT AN ORDINANCE ADDING A NEW CHAPTER 99 OF THE CODE OF THE CITY OF ALBANY TO BE ENTITLED: CITY OF ALBANY WEBSITE FINANCIAL DATA

2 RESOLUTIONS INTRODUCED R RESOLUTION OF THE COMMON COUNCIL DECLARING ITSELF LEAD AGENCY FOR PURPOSES OF DETERMINING ENVIRONMENTAL SIGNIFICANCE AND ISSUING A NEGATIVE DECLARATION IN ACCORDANCE WITH ARTICLE 8 OF THE ENVIRONMENTAL CONVERSATION LAW (SEQRA) AND THE REGULATIONS PROMULGATED THEREUNDER AND NOT REQUIRING THE PREPARATION AND SUBMISSION OF AN ENVIRONMENTAL IMPACT STATEMENT IN CONNECTION WITH THE AMENDMENT OF THE PARK SOUTH PLANNED DEVELOPMENT OVERLAY DISTRICT (PSPDOD) R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE EXECUTION OF A TEMPORARY LICENSE AGREEMENT WITH ALBANY MEDICAL CENTER FOR THE TEMPORARY USE AND OCCUPANCY OF A PORTION OF THE CITY RIGHT-OF-WAY OF MYRTLE AVENUE R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE COLLEGE OF SAINT ROSE FOR THE USE AND OCCUPANCY OF PORTIONS OF THE CITY RIGHT-OF-WAYS OF HUDSON, MADISON AND WESTERN AVENUES AND PARTRIDGE AND YATES STREETS R RESOLUTION COMMENDING THE OCCASION OF GREAT CONSECRATION OF THE NEW NATIVITY OF THE MOTHER OF GOD RUSSIAN ORTHODOX CHURCH BY HIS EMINENCE METROPOLITAN OF EASTERN AMERICA AND NEW YORK HILARION

3 Council Member Igoe introduced the following: Ordinance Number AN ORDINANCE AMENDING ARTICLE IX (GENERAL DISTRICT REGULATIONS) OF CHAPTER 375 (ZONING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SINGLE DWELLING UNITS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1 Article IX of Chapter 375 of the Code of the City of Albany is hereby amended to read as follows: Application of Regulations A Except as provided, no building or land shall hereafter be used or occupied, and no building or part thereof shall be erected, moved or altered, unless in conformity with the regulations specified for the district in which it is located 1 Four or more unrelated persons occupying a single-family dwelling and not living together as a traditional family, or the functional equivalent of a traditional family, shall be a violation of this Section (a) (b) Each day of occupation shall constitute a separate offense Any conviction of violating this Section shall be punishable by a fine not to exceed $1,00000 and/or by imprisonment not to exceed 15 days, for each offense Section 2 This ordinance shall take effect immediately APPROVED AS TO FORM August 3, 2010 Corporation Counsel

4 To: John C Marsolais, City Clerk From: Patrick K Jordan, Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: August 3, 2010 ORDINANCE NUMBER TITLE AN ORDINANCE AMENDING ARTICLE IX (GENERAL DISTRICT REGULATIONS) OF CHAPTER 375 (ZONING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SINGLE DWELLING UNITS GENERAL PURPOSE OF LEGISLATION The City Code does not have a clear path for prosecution of offenders under the City s Grouper Law These amendments will allow the City to appropriately seek fines for landlords rent in violation of the applicable zoning NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Changes to the Code require Council approval EXPLANATION OF DEADLINE OR REQUESTED TIME FRAME FOR PASSAGE SPECIFICS OF BIDDING OR OTHER PROCUREMENT PROCESS (if applicable) SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION (if applicable) FISCAL IMPACT(S) Unknown at this time

5 Council Member Fahey offered the following: Ordinance Number AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF A PERMANENT AIR EASEMENT TO ALBANY MEDICAL CENTER OVER A PORTION OF THE CITY RIGHT-OF-WAY OF NEW SCOTLAND AVENUE IN THE CITY OF ALBANY FOR THE CONSTRUCTION OF A PEDESTRIAN BRIDGE The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1 It is hereby authorized that the City of Albany grant a permanent air easement to Albany Medical Center over a portion of the City right-of-way of New Scotland Avenue, adjacent to 43 New Scotland Avenue, in the City of Albany Section 2 The form, content, terms and conditions of such easement shall be approved by the Corporation Counsel Section 3 The Grantees shall not hinder, interfere with, prevent, delay, obstruct or adversely affect the Grantor in the reasonable exercise of its governmental operations or function Section 4 This ordinance shall take effect immediately APPROVED AS TO FORM August 3, 2010 Corporation Counsel

6 To: John C Marsolais, City Clerk From: Patrick K Jordan, Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: August 3, 2010 ORDINANCE NUMBER TITLE AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF A PERMANENT AIR EASEMENT TO ALBANY MEDICAL CENTER OVER A PORTION OF THE CITY RIGHT-OF- WAY OF NEW SCOTLAND AVENUE IN THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION FOR THE PURPOSE OF INSTALLING AND MAINTAINING A PEDESTRIAN BRIDGE OVER NEW SCOTLAND AVENUE CONNECTING THE NEW AMC PARKING GARAGE AND THE NEW EXPANDED PORTION OF THE MAIN HOSPITAL NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW EASEMENTS OVER MUNICIPAL PROPERTY REQUIRES LEGISLATIVE AUTHORIZATION EXPLANATION OF DEADLINE OR REQUESTED TIME FRAME FOR PASSAGE AS SOON AS POSSIBLE SO CONSTRUCTION CAN TAKE PLACE SPECIFICS OF BIDDING OR OTHER PROCUREMENT PROCESS (if applicable) SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION (if applicable) FISCAL IMPACT(S) UNKNOWN AT THIS TIME

7 Council Member Conti introduced the following: Ordinance Number AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1 Subparagraph D of Section of Article II of the Code of the City of Albany is amended to read as follows: D Stop, stand or park a vehicle within 15 feet of a fire hydrant except when such vehicle is attended by a licensed operator or chauffeur who is seated in the front seat and who can immediately move such vehicle in case of emergency, unless a different distance is indicated by official signs, markings or where parking meters are installed The Chief of Police shall clearly mark and identify the no parking area adjacent to fire hydrants Section 2 This ordinance shall take effect 180 days after its enactment into law APPROVED AS TO FORM August 4, 2010 Corporation Counsel

8 SUPPORTING MEMORANDUM ORDINANCE NUMBER Introduced at August 16, 2010 Council Meeting TITLE: AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS SPONSOR: Council Member Conti PURPOSE: To minimize the number of parking violations attributable to parking in too close a proximity to a fire hydrant SUMMARY: Section 1 amends Subparagraph D of Section of Article II of the Code of the City of Albany to require that the Chief of Police shall clearly mark and identify the no parking area adjacent to fire hydrants Section 2 provides for an effective date 180 days after enactment JUSTIFICATION: Current city code prohibits parking a motor vehicle within 15 feet of a fire hydrant; the fine for violation of this rule is $100 ($115 with the mandatory state surcharge) In enforcing this restriction, public safety officers utilize tape measures to determine the distance between a parked vehicle and a fire hydrant and whether a parking violation exists This leaves no room for error or discretionary judgment and places the owner of a parked vehicle at risk for receiving a ticket even though a vehicle is parked in the good faith belief that it is not in violation Since the distance requirements are strictly measured and enforced, it is reasonable that the no parking area adjacent to a fire hydrant be clearly marked as this ordinance would provide FISCAL IMPLICATIONS: To be determined; implementation would require the identification of fire hydrant locations, expenditures related to the material for the necessary markings and personnel costs related to implementation EFFECTIVE DATE: One hundred-eighty days after enactment into law

9 Council Member Conti introduced the following: Ordinance Number AN ORDINANCE AMENDING ARTICLE I (GENERAL) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NEIGHBORHOOD TRAFFIC CALMING The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1 Article I of Chapter 323 of the Code of the City of Albany is amended by adding a new section to read as follows: Neighborhood Traffic Calming The Council hereby approves the use of neighborhood speed humps as a geometric street feature to serve as a traffic calming device on local residential streets The City Engineer, in consultation with the Chief of Police, is authorized to adopt rules and regulations as necessary to establish eligibility criteria for streets which may participate in the program, and to establish the location and configuration of the speed humps on eligible streets Section 2 This ordinance shall take effect immediately APPROVED AS TO FORM August 4, 2010 Corporation Counsel

10 SUPPORTING MEMORANDUM ORDINANCE NUMBER Introduced at August 16, 2010 Council Meeting TITLE: AN ORDINANCE AMENDING ARTICLE I (GENERAL) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NEIGHBORHOOD TRAFFIC CALMING SPONSOR: Council Member Conti PURPOSE: To reduce excessive vehicle speeds on residential streets SUMMARY: Section 1 adds a new Section to the City Code approving the use of neighborhood speed humps and authorizing the City Engineer, in consultation with the Chief of Police, to necessary rules and regulations for implementation of a speed hump program Section 2 provides for an immediate effective date JUSTIFICATION: Excessive vehicle speed is a problem on many residential streets within the City of Albany that affects neighborhood quality of life When motorists disobey vehicle and traffic laws, concerned citizens ask what steps they can take to "calm" the speeding problem on neighborhood streets The use of traffic calming devices such as speed humps is one tool that can help address this problem while relieving demand on conventional police department traffic enforcement techniques A speed hump is a rounded traffic calming device used to reduce vehicle speed and volume on residential streets Humps are placed across the road to slow traffic and are often installed in a series of several humps in order to prevent cars from speeding before and after the hump Common speed hump shapes are parabolic, circular, and sinusoidal Generally, speed humps are 12 to 14 feet in length and span the width of the road The height of humps ranges from 3 to 4 inches The length and height of the speed humps determine the speed at which traffic will travel over the devices Shorter lengths and greater heights slow cars most drastically When placed in a series feet apart, humps will reduce 85 percentile speeds by 8 10 mph

11 A warning sign notifies motorists before humps Humps generally have pavement markings to enhance visibility and a taper edge near the curb to allow a gap for drainage Speed humps are used in locations where very low speeds are desired and reasonable Speed humps are typically placed on residential roads and are not used on major roads, bus routes, or primary emergency response routes Placement is generally mid-block between intersections While similar to speed bumps, humps are less aggressive than speed bumps at low speeds and are used on actual streets, as opposed to bumps which are primarily placed in parking lots While speed bumps generally slow cars to 5 10 mph, humps may slow cars to mph FISCAL IMPLICATIONS: To be determined In the City of Phoenix, Arizona each speed hump, together with required signing and striping, costs approximately $1,200 to install Whether that is the accurate reflection of what the cost in Albany would be is unclear However, costs of the program could also be offset by savings related to reduced need for conventional traffic safety enforcement techniques EFFECTIVE DATE: Immediate

12 Council Member Conti introduced the following: Ordinance Number AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (ZONING) IN RELATION TO CERTAIN SPECIAL PERMIT USES WITHIN C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS LOCATED WITHIN THE LARK STREET BUSINESS IMROVEMENT DISTRICT The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1 Section of Chapter 375 of the Code of the City of Albany is amended to read as follows: C-1 Neighborhood Commercial District A Principal permitted uses shall be as follows (NOTE: Except as provided in subsection E, Commercial spaces established after 1993 are limited to the basement and first floor; also, any business in a C-1 Zoning District that is open between the hours of 11:00 pm and 6:00 am shall be required to obtain a special use permit): (1) Bakeries, not to exceed 5,000 square feet (Note: In historic districts, the square-foot maximum is 2,500 square feet) (2) Banks, not to exceed 5,000 square feet (Note: In historic districts, the square-foot maximum is 2,500 square feet) (3) Charitable or religious institutions (4) Drugstores, not to exceed 5,000 square feet (Note: In historic districts, the square-foot maximum is 2,500 square feet) (5) Fraternal organizations (6) (Reserved) (7) Houses of worship (8) Ice cream and yogurt shops (9) Personal service outlets (10) Restaurants without alcoholic beverages (11) Retail outlets, not to exceed 5,000 square feet (In historic districts, the square foot maximum is 2,500 square feet)

13 (12) Residential uses; the minimum size of dwelling units shall be 600 square feet (13) Art galleries (14) Business services B Accessory uses shall be as follows: (1) Home occupations (2) Solar collection equipment C Special permit uses shall be as follows: (1) Any business in a C-1 Zoning District that is open between the hours of 11:00 pm and 6:00 am shall be required to obtain a special use permit (2) Adult day-care (3) Automobile service stations (4) Day care (5) Theaters (6) Drive-in banks (Note: Not permitted in Historic Districts) or ATM windows (7) Funeral homes (8) (Reserved) (9) Groceries, not to exceed 5,000 square feet (Note: In historic districts, the square foot maximum is 2,500 square feet) (10) Health clubs (11) Indoor recreation (12) Offices (13) Take-out and delivery restaurants (14) Taverns (15) Restaurants serving alcohol

14 (16) Satellite dish antennas Editor's Note: Former Subsection C(17), Solar collection equipment, which immediately followed this subsection, was repealed by Ord No D Yard requirements shall be as follows: (1) Minimum lot area: 3,200 square feet (2) Minimum lot width: 40 feet (3) Minimum lot depth: 80 feet (4) Maximum lot coverage: 50% (5) Minimum front and side yards: zero feet 6) Minimum rear yard: 20 feet (7) Maximum building height: 35 feet (8) Maximum front yard setback: 12 feet E Notwithstanding the opening paragraph of subsection A of this section with regard to commercial spaces established after 1993, within the boundaries of the Lark Street Area Business Improvement District, as established in accordance with Article II of Chapter 142 of this Code, the following uses shall be special permit uses for spaces above a basement or first floor: (1) Retail outlets, not to exceed 2,500 square feet (2) Art galleries Section 2 This ordinance shall take effect thirty (30) days after its enactment into law APPROVED AS TO FORM August 4, 2010 Corporation Counsel

15 SUPPORTING MEMORANDUM ORDINANCE NUMBER Introduced at August 16, 2010 Council Meeting TITLE: AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (ZONING) IN RELATION TO CERTAIN SPECIAL PERMIT USES WITHIN C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS LOCATED WITHIN THE LARK STREET BUSINESS IMROVEMENT DISTRICT SPONSOR: Council Member Conti PURPOSE: To expand the availability of commercial space within the Lark Street Business Improvement District that s available for retail or art gallery uses SUMMARY: Section 1 amends of the zoning ordinance establishing C-1 Neighborhood-Commercial District zoning uses to allow retail outlets and art gallery s as a special permit use for spaces above a basement or first floor Section 2 provides for an effective date 30 days after enactment JUSTIFICATION: Under current zoning, commercial uses in C-1 Neighborhood-Commercial districts are limited to the basement and first floor with residential uses above This is intended to create mixed-use zoning districts that predominantly serve surrounding residential neighborhoods This ordinance would make a limited exception for commercial spaces within the Lark Street Business Improvement District (BID) Commercial spaces within the BID are limited and tend to be small, sometimes making them difficult to find tenants By allowing through a case-by-case special use permit process the expansion of retail and art gallery uses to upper floors this ordinance would help provide for a more balanced commercial district and encourage uses which enhance Lark Street s status as an arts district FISCAL IMPLICATIONS: None EFFECTIVE DATE: Thirty days after enactment into law

16 Council Member Freeman introduced the following: Ordinance Number AN ORDINANCE ADDING A NEW CHAPTER 99 OF THE CODE OF THE CITY OF ALBANY TO BE ENTITLED: CITY OF ALBANY WEBSITE FINANCIAL DATA The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1 The City Code of the City of Albany is hereby amended by adding thereto a new Chapter 99 to read as follows: Section 99-1 Posting of information CHAPTER 99 CITY OF ALBANY WEBSITE FINANCIAL DATA A The City Auditor shall post on the city website weekly all expenditures made by the city to any agency, vendor and payee These payments shall be searchable by department, vendor and payee B The Auditor may hide the identity of payee for security reasons Section 2 This ordinance shall take effect immediately APPROVED AS TO FORM August 4, 2010 Corporation Counsel

17 TO: FROM: RE: John Marsolais, City Clerk Lester Freeman, Council Member Request for Common Council Legislation Supporting Memorandum DATE: August 4, 2010 ORDINANCE NUMBER TITLE: AN ORDINANCE ADDING A NEW CHAPTER 99 OF THE CODE OF THE CITY OF ALBANY TO BE ENTITLED: CITY OF ALBANY WEBSITE FINANCIAL DATA GENERAL PURPOSE OF LEGISLATION: To require the posting of all city expenditures in a searchable format on the city website NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW: This ordinance provides transparency to city financial transactions in an effort to make city government more accountable to the citizens FISCAL IMPACT: The implementation of the ordinance would require the hiring of additional personnel to post the information and monitor the website

18 Council Member Conti offered the following: Resolution Number R RESOLUTION OF THE COMMON COUNCIL DECLARING ITSELF LEAD AGENCY FOR PURPOSES OF DETERMINING ENVIRONMENTAL SIGNIFICANCE AND ISSUING A NEGATIVE DECLARATION IN ACCORDANCE WITH ARTICLE 8 OF THE ENVIRONMENTAL CONVERSATION LAW (SEQRA) AND THE REGULATIONS PROMULGATED THEREUNDER AND NOT REQUIRING THE PREPARATION AND SUBMISSION OF AN ENVIRONMENTAL IMPACT STATEMENT IN CONNECTION WITH THE AMENDMENT OF THE PARK SOUTH PLANNED DEVELOPMENT OVERLAY DISTRICT (PSPDOD) WHEREAS, the Common Council of the City of Albany has received a long form Environmental Assessment Form (EAF), in conjunction with the proposed amendment to the Park South Planned Development Overlay District pursuant to Ordinance ; and WHEREAS, the Council has reviewed the EAF, identifying the proposed action as unlisted under SEQRA and determined to conduct a coordinated review among all involved agencies; and WHEREAS, the Common Council is the most involved agency and, as such, is the most appropriate Lead Agency to conduct a review of the amendment to the PSPDOD in accord with SEQRA regulations; and WHEREAS, all other involved agencies have notified the Common Council of their acquiescence to the Council taking lead agency status; and WHEREAS, the record demonstrates that the project will not have a significant adverse environmental impact, and that a Negative Declaration of Environmental Significance should be issued in accord with 6 NYCRR 6177 (a) (2) NOW, THEREFORE, BE IT RESOLVED, that the Common Council be and hereby is designated Lead Agency in accord with SEQRA regulation 617 NYCRR 6176 (4) BE IT FURTHER RESOLVED, the proposal is declared an unlisted action having no potentially significant adverse environmental impacts and does not require the preparation of a full Environmental Impact Statement RESOLVED, that a Negative Declaration of Environmental Significance in accord with 6 NYCRR 6177 (a) (2) be and hereby is issued RESOLVED, that this resolution shall take effect immediately

19 To: John C Marsolais, City Clerk From: Patrick K Jordan, Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: August 3, 2010 RESOLUTION NUMBER R TITLE RESOLUTION OF THE COMMON COUNCIL DECLARING ITSELF LEAD AGENCY FOR PURPOSES OF DETERMINING ENVIRONMENTAL SIGNIFICANCE AND ISSUING A NEGATIVE DECLARATION IN ACCORDANCE WITH ARTICLE 8 OF THE ENVIRONMENTAL CONVERSATION LAW (SEQRA) AND THE REGULATIONS PROMULGATED THEREUNDER AND NOT REQUIRING THE PREPARATION AND SUBMISSION OF AN ENVIRONMENTAL IMPACT STATEMENT IN CONNECTION WITH THE AMENDMENT OF THE PARK SOUTH PLANNED DEVELOPMENT OVERLAY DISTRICT (PSPDOD) GENERAL PURPOSE OF LEGISLATION To act as lead agent under SEQRA for review and declare that the proposed project will have no adverse environmental impacts on the site and surrounding area NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW As the most involved agency, the Common Council is responsible for determining the environmental impact of the proposed project under SEQRA EXPLANATION OF DEADLINE OR REQUESTED TIME FRAME FOR PASSAGE SPECIFICS OF BIDDING OR OTHER PROCUREMENT PROCESS (if applicable) SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION (if applicable) FISCAL IMPACT(S)

20 Council Members Conti and Fahey offered the following: Resolution Number R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE EXECUTION OF A TEMPORARY LICENSE AGREEMENT WITH ALBANY MEDICAL CENTER FOR THE TEMPORARY USE AND OCCUPANCY OF A PORTION OF THE CITY RIGHT-OF-WAY OF MYRTLE AVENUE BE IT RESOLVED, that the Mayor be and is hereby authorized and empowered to execute and enter into a temporary license agreement with Albany Medical Center for the use and occupancy of a portion of the City right-of-way of Myrtle Avenue for construction staging purposed upon such terms and conditions as approved by the Corporation Counsel and the involved City agencies together with such other forms, documents and agreements necessary to amend, supplement and/or effectuate the same

21 To: John C Marsolais, City Clerk From: Patrick K Jordan, Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: August 3, 2010 RESOLUTION NUMBER R TITLE RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH ALBANY MEDICAL CENTER FOR THE TEMPORARY USE AND OCCUPANCY OF A PORTION OF THE CITY RIGHT-OF-WAY OF MYRTLE AVENUE GENERAL PURPOSE OF LEGISLATION To allow AMC the temporary use a portion of Myrtle Avenue, between Robin Street and New Scotland Avenue, for construction staging purposes during the proposed expansion project of the hospital NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Exclusive temporary use of public right-of-way requires Council approval EXPLANATION OF DEADLINE OR REQUESTED TIME FRAME FOR PASSAGE SPECIFICS OF BIDDING OR OTHER PROCUREMENT PROCESS (if applicable) SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION (if applicable) FISCAL IMPACT(S) Unknown at this time

22 Council Member Golby offered the following: Resolution Number R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE COLLEGE OF SAINT ROSE FOR THE USE AND OCCUPANCY OF PORTIONS OF THE CITY RIGHT-OF-WAYS OF HUDSON, MADISON AND WESTERN AVENUES AND PARTRIDGE AND YATES STREETS BE IT RESOLVED, that the Mayor be and is hereby authorized and empowered to execute and enter into a license agreement with The College of Saint Rose for the use and occupancy of portions of the City right-of-ways of Hudson, Madison and Western Avenues and Partridge and Yates Streets for the placement and maintenance of gateway and directional signage upon such terms and conditions as approved by the Corporation Counsel and the involved City agencies together with such other forms, documents and agreements necessary to amend, supplement and/or effectuate the same

23 To: John C Marsolais, City Clerk From: Patrick K Jordan, Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: August 3, 2010 RESOLUTION NUMBER R TITLE RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE COLLEGE OF SAINT ROSE FOR THE USE AND OCCUPANCY OF PORTIONS OF THE CITY RIGHT-OF-WAYS OF HUDSON, MADISON AND WESTERN AVENUES AND PARTRIDGE AND YATES STREETS GENERAL PURPOSE OF LEGISLATION To allow the college to place gateway and directional signs within City right-of-ways adjacent to its campus NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Use of City right-of-ways requires Council approval EXPLANATION OF DEADLINE OR REQUESTED TIME FRAME FOR PASSAGE SPECIFICS OF BIDDING OR OTHER PROCUREMENT PROCESS (if applicable) SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION (if applicable) FISCAL IMPACT(S) Unknown at this time

24 Council Member Konev introduced the following: Resolution Number R RESOLUTION COMMENDING THE OCCASION OF GREAT CONSECRATION OF THE NEW NATIVITY OF THE MOTHER OF GOD RUSSIAN ORTHODOX CHURCH BY HIS EMINENCE METROPOLITAN OF EASTERN AMERICA AND NEW YORK HILARION WHEREAS, on September 6, 2010 for the Feast of Hieromartyr Eutyches the Disciple of St John the Theologian, the Great Consecration of the new Nativity of the Mother of God Russian Orthodox Church in Colonie by His Eminence Metropolitan of Eastern America and New York Hilarion (First Hierarch of Russian Orthodox Church Outside of Russia & Archbishop of the Diocese of Sydney, Australia and New Zealand), will take place; and WHEREAS, the church has a long history, being established by Russian refugees, who first, after the close of the Second World War settled into Displaced Persons Camps throughout Germany One of these camps was located in Fischbeck Nikifor and Olga Fedorov and their extended families resided in this particular camp, under the spiritual guidance of the then Archimandrite Vitaly Ustinov ( MetVitaly 2006) This particular camp was inhabited by mainly orthodox families Fr Vitaly established a chapel and church school, the camp church was the center of life for everyone in the camp In the late 1940's some of those families decided to move West to North America, first settling in Canada and eventually settling in Albany, New York It was these immigrants with their genuine love for the Church and a desire to raise their children and grandchildren in the faith, that a search for a place to hold services began There was, and still is, a close bond between the Holy Trinity Monastery in Jordanville and the Albany Parish; and WHEREAS, shortly after Olga and Nikifor's arrival to the Albany area, Archimandrite Panteleimon (co-founder of the Holy Trinity monastery), introduced the Albany Parish members to Bishop Brown, the Episcopalian Bishop of Albany Bishop Brown's family lived in Jordanville and were well acquainted with Father Panteleimon With the help of Bishop Brown the search came to an end Services were temporarily held in a side room of the Cathedral of the Immaculate Conception in Albany One of the parishioners built a portable iconastas and priests from Holy Trinity Monastery came to Albany to conduct services; and WHEREAS, in the mid 1950's, after six years, the parish moved to their own permanent home They purchased the Anglican Church of the Holy Innocent also in the City of Albany Bishop Brown was instrumental in aiding the Parish with the purchase of this church (at a significant reduction of price) Thus the Church of the Nativity of the Mother of God came into existence The first permanent priest assigned to the parish was Father Michael Komlkiv, who also had come from Germany The second priest was Father Aristarex Katzubinsky, but he was elderly and had difficulty serving and soon retired The parish was fortunate to have visiting hieromonks and priests from the Holy Trinity Monastery serve in the interim The current rector Mitered Protopriest Wsevolod Drobot was assigned to the Parish in 1962; and

25 WHEREAS, the construction of the new church began in August of 2004 On Sunday, September 19, 2004, His Eminence Metropolitan Laurus has consecrated the foundation of the New Church of the Nativity of the Mother of God On Lazarus Saturday, April 23, 2005, His Eminence Metropolitan Laurus along with Protodeacon Joseph Jaroschuk and Subdeacon Nicholas Olhovsky, visited our parish and performed the minor consecration of the new Church of the Nativity of the Mother of God At the end of the service, His Eminence congratulated the Rector, all those who labored towards the church's construction, the parishioners and worshipers, wishing them all God's help in their further labors for the speedy completion of the construction That evening, the Rector, Mitred Protopriest Wsevolod Drobot, Father Michael Fritz and Deacon Michael Soloviev and all the parishioners, performed the first service in the new church NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby congratulates New Nativity of the Mother of God Russian Orthodox Church in Colonie on their consecration by the Eminence Metropolitan of Eastern America and New York Hilarion and copies of this resolution suitably engrossed be presented to the Rector and the church clergy

26 TO: FROM: RE: John Marsolais, City Clerk Anton Konev, Council Member Request for Common Council Legislation Supporting Memorandum DATE: August 4, 2010 RESOLUTION NUMBER R TITLE: RESOLUTION COMMENDING THE OCCASION OF GREAT CONSECRATION OF THE NEW NATIVITY OF THE MOTHER OF GOD RUSSIAN ORTHODOX CHURCH IN COLONIE BY HIS EMINENCE METROPOLITAN OF EASTERN AMERICA AND NEW YORK HILARION GENERAL PURPOSE OF LEGISLATION: To officially express the opinion of the Common Council NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW: This resolution commends the Russian Orthodox Church for the consecration of a new church in Colonie, New York The church has a long history in the Capital Region and strong ties to the City of Albany FISCAL IMPACT: None