1. Meeting Agenda 1.I. November 4, 2024 | Agenda/Active Calendar Documents: 24 AGENDA-ACTIVE CALENDAR 1104.PDF 2. Supporting Legislation Legislation that is being introduced for the first time 2.I. November 4, 2024 | Supporting Legislation Documents: NOVEMBER 4, 2024.PDF 3. Active Legislation Legislation that was previously introduced and is now being considered by the body 3.I. November 4, 2024 | Active Legislation Documents: 241104 ACTIVE LEGISLATION.PDF 4. Majority Consent (MC) 5. Supporting Document 6. Minutes 7. Written Comment 8. Active Calendar AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, November 04, 2024 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held remotely and in the Common Council Chambers in City Hall and live streamed on Facebook. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. If you wish to speak during the meeting or provide written comments, they must be received by 12noon on the day of the meeting. Members of the public who wish to provide public comment remotely are asked to submit the public comment request through the public comment form on the Common Council webpage. All comments are memorialized on our Facebook page, website, and are subject to FOIL. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meetings Consideration of Local Laws Communications from the Mayor, Department Heads and other City Officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 Minutes) Miscellaneous or Unfinished Business Adjournment (Revised 10/25/2024) Page 1 of 14 NOTICE OF PUBLIC HEARING Notice is hereby given that a Common Council Public Hearing will be held on November 4, 2024 at 7:00PM and will be held in advance of the potential passage of the following ordinances. This meeting will be an in-person meeting in the Common Council Chambers, City Hall and will be held on the following matters: ORDINANCE 28.21.24 , Sponsored by Council Member Frederick AN ORDINANCE ADOPTING THE CITY OF ALBANY BUDGET FOR FISCAL YEAR 2025 AS PRESENTED BY THE MAYOR ON OCTOBER 1, 2024 Documents may be inspected between the hours of 8:30 AM and 5:00 PM, Monday through Friday, in the office of the Common Council, 24 Eagle St., Rm. 206, Albany, NY 12207. Efforts will also be made to make documents available for viewing online at: https://www.albanyny.gov/2187/Albany-Common-Council. This public hearing is being held pursuant to guidelines established in the Open Meetings Law and anyone wishing to be heard can submit written comments (commoncouncil@albanyny.gov) or provide in-person testimony on the ordinances before the Common Council for consideration. The Public Hearing will be livestreamed to our YouTube© page: https://www.youtube.com/@albanycommoncouncil5666 We encourage all interested parties to submit written comments by 12 noon on November 4, 2024. Anyone wishing to be heard will have an opportunity to do so at the above stated time and location. (Revised 10/25/2024) Page 2 of 14 Albany Common Council Active Calendar Monday, November 04, 2024 The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action. Legislation Prime Sponsor Subject Ordinances Held Anane AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED 27.91.24 SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE AFFORDABLE HOUSING INCENTIVE Ordinances Held Frederick AN ORDINANCE ADOPTING THE CITY OF ALBANY BUDGET 28.101.24 FOR FISCAL YEAR 2025, AS PRESENTED BY THE MAYOR ON OCTOBER 1, 2024 Resolutions Introduced Keegan A RESOLUTION OF THE COMMON COUNCIL IN 122.111.24R RECOGNITION OF NATIVE AMERICAN HERITAGE MONTH Resolutions Introduced Frederick A RESOLUTION OF THE COMMON COUNCIL OUTLINING ITS 123.111.24R ACTIONS AND EXPRESSING ITS FINDINGS AND INTENT CONCERNING THE CITY OF ALBANY 2025 BUDGET AS PROPOSED IN ORDINANCE 28.101.24 Resolutions Held Frederick A RESOLUTION OF THE COMMON COUNCIL APPROVING A 82.81.24R TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL (Revised 10/25/2024) Page 3 of 14 Local Laws Introduced 1 Anane Local Law L of 2024 A LOCAL LAW AMENDING ARTICLE I (EMPLOYEE RESIDENCY REQUIREMENT) OF CHAPTER 62 (LABOR) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO BROADENING THE EMPLOYEE RESIDENCY REQUIREMENT (Revised 10/25/2024) Page 4 of 14 Local Laws Held 1 Johnson Local Law C of 2022 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC SAFETY COMMISSION *Referred to Public Safety | Discussed: 6/9/2022* 2 Balarin Local Law G of 2022 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION), PART 13 (PLANNING BOARD OF CITY OF ALBANY), AND PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE HISTORIC RESOURCES COMMISSION AND AUTHORIZING THE APPOINTMENT OF ALTERNATE MEMBERS TO THE HISTORIC RESOURCES COMMISSION, CITY PLANNING BOARD, AND BOARD OF ZONING APPEALS *Referred to Planning, Economic Development & Land Use | Discussed: 12/21/2022* 3 Romero Local Law I of 2022 A LOCAL LAW CREATING A COMMUNITY COMMISSION TO STUDY THE ENACTMENT OF REPARATIONS REMEDIES RELATED TO THE SALE OF CANNABIS IN THE CITY OF ALBANY *Referred to Joint Finance and Human Rights Committee | Discussed: 5/13/2024* 4 Romero Local Law J of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING THE ALBANY POLICE DEPARTMENT FROM PURCHASING, STOCKPILING, AND USING KINETIC ENERGY MUNITIONS *Referred to Public Safety | Discussed: 9/28/2022* 5 Romero Local Law K of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING THE ALBANY POLICE DEPARTMENT FROM PURCHASING, STOCKPILING, AND USING CHEMICAL WEAPONS *Referred to Public Safety | Discussed: 9/28/2022* 6 Kimbrough Local Law L of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS *Referred to Public Safety | Discussed: 9/28/2022* 7 Adams Local Law F of 2023 A LOCAL LAW AMENDING PART 4 (RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING SUCH PERMITS FOR SHORT-TERM RENTAL DWELLING UNITS *Referred to Law, Buildings & Code Enforcement | Discussed: 4/3/2024* 8 Anane Local Law L of 2023 A LOCAL LAW AMENDING PART II (GENERAL LEGISLATION) OF THE CODE OF THE CITY OF ALBANY BY ENACTING A NEW CHAPTER 337 TO BE ENTITLED “TOBACCO RETAIL LICENSE” *Referred to Law, Buildings & Code Enforcement* (Revised 10/25/2024) Page 5 of 14 9 Farrell Local Law C of 2024 A LOCAL LAW AMENDING CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE XV (GREEN BUILDING REQUIREMENTS) THERETO AND PROVIDING FOR A COOL ROOF REQUIREMENT *Passed the Law, Buildings & Code Enforcement Committee | Discussed: 5/1/2024* 10 Farrell Local Law F of 2024 A LOCAL LAW CREATING A NEW CHAPTER 50 (ETHICS) OF THE CODE OF THE CITY OF ALBANY BY ESTABLISHING A CODE OF ETHICS FOR THE CITY OF ALBANY AND A BOARD OF ETHICS *Referred to Council Operations & Ethics | Discussed: 9/10/2024* 11 Flynn Local Law G of 2024 A LOCAL LAW AMENDING SECTIONS 301 AND 403 OF THE CHARTER OF THE CITY OF ALBANY IN RELATION TO THE DEPUTY MAYOR *Referred to Law, Buildings & Code Enforcement* 12 Robinson Local Law I of 2024 A LOCAL LAW AMENDING PART 36 (COMMISSION ON HUMAN RIGHTS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DESIGNATING AN END-OF-TERM DATE FOR COMMISSION MEMBERS *Referred to Human Resources & Human Rights* 13 Keegan Local Law J of 2024 A LOCAL LAW AMENDING ARTICLE III (EXECUTIVE BRANCH) OF THE CHARTER OF THE CITY OF ALBANY AND VARIOUS PROVISIONS OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE CREATION OF THE DEPARTMENT OF ENGINEERING AND POSITION OF COMMISSIONER OF THE DEPARTMENT OF ENGINEERING, AND PRESCRIBING THE DUTIES THEREOF *Referred to General Services, Health & Environment* 14 Frederick Local Law K of 2024 A LOCAL LAW OVERRIDING THE TAX LEVY LIMIT LAW FOR FISCAL YEAR 2025 *Referred to Finance, Assessment and Taxation* (Revised 10/25/2024) Page 6 of 14 Ordinances Introduced 1 Balarin Ordinance 65.111.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIREMENTS FOR SIGNS 2 Johnson Ordinance 66.111.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY BY CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 31 TRINITY PLACE FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED-USE NEIGHBORHOOD EDGE (MU-NE) AND AMENDING THE ZONING MAP ACCORDINGLY (Revised 10/25/2024) Page 7 of 14 Ordinances Held 1 Farrell Ordinance 16.72.22 AN ORDINANCE AMENDING ARTICLE I (BICYCLES AND ALL MOTOR VEHICLES) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SKATEBOARDING ON SIDEWALKS *Referred to Law, Buildings & Code Enforcement* 2 Love Ordinance 19.91.22 AN ORDINANCE AMENDING PART 21 (COMMON COUNCIL) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY ENACTING A SUMMER RECESS IN LEGISLATIVE SESSIONS *Referred to Council Operations & Ethics* 3 Anane Ordinance 49.121.22 AN ORDINANCE AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO POLICE DEPARTMENT REPORTING REQUIREMENTS *Referred to Public Safety* 4 Romero Ordinance 15.41.23 AN ORDINANCE AMENDING ARTICLE V (COMPLETE STREETS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SIGNALIZATION AND PEDESTRIAN INTERVALS *Referred to Law, Buildings & Code Enforcement | Discussed: 6/26/2023* 5 Farrell Ordinance 16.42.23 AN ORDINANCE AMENDING ARTICLE V (UNNECESSARY AND UNUSUAL NOISES) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement | Discussed: 9/24/2024* 6 Kimbrough Ordinance 26.61.23 AN ORDINANCE AMENDING CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE SCOPE OF MINORITY AND WOMEN- OWNED AND CONTROLLED BUSINESSES *Referred to Human Resources & Human Rights | Discussed: 9/14/2023* 7 Keegan Ordinance 28.62.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY BY ADDING A PERMITTING SYSTEM FOR COMMERCIAL HAULERS OF SOLID WASTE *Referred to General Services, Health & Environment | Discussed: 7/31/2023* 8 Adams Ordinance 33.82.23 AN ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PARCELS AT 34 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-10), 38 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-9), AND 181 MYRTLE AVENUE (TAX MAP PARCEL NUMBER 76.40-2-37) TO CAPITAL ROOTS, INC. *Referred to Finance, Assessment and Taxation | Discussed: 9/18/2023* 9 Adams Ordinance 35.92.23 AN ORDINANCE AMENDING ARTICLE XIII (PARKING METERS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING COLUMBUS DAY TO INDIGENOUS PEOPLES DAY *Referred to Law, Buildings & Code Enforcement* (Revised 10/25/2024) Page 8 of 14 10 Romero Ordinance 38.101.23 AN ORDINANCE AMENDING ARTICLE XII (VEHICLE AND TRAFFIC CONTROLS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SAFETY INFRASTRUCTURE *Referred to Law, Buildings & Code Enforcement | Discussed: 4/3/2024* 11 Flynn Ordinance 4.21.24 AN ORDINANCE AMENDING ARTICLE I (REMOVAL OF GARBAGE) CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE FINE STRUCTURE FOR VIOLATIONS OF THE SAID ARTICLE *Referred to Law, Buildings & Code Enforcement* 12 Adams Ordinance 8.32.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY ALLOWING MORE EMPLOYEE RESIDENTIAL PARKING PERMITS *Referred to Law, Buildings & Code Enforcement* 13 Johnson Ordinance 11.51.24 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF 92 ALEXANDER STREET (TAX MAP PARCEL NUMBER 76.64-2-11) TO BENJAMIN MORTON *Referred to Finance, Assessment and Taxation* 14 Romero Ordinance 14.51.24 AN ORDINANCE AMENDING PART 10 (BOARD OF CONTRACT AND SUPPLY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY TO REQUIRE PROJECT LABOR AGREEMENTS IN THE CITY OF ALBANY FOR CERTAIN CONSTRUCTION PROJECTS *Referred to Law, Buildings & Code Enforcement* 15 Romero Ordinance 15.51.24 AN ORDINANCE AMENDING CHAPTER 62 (LABOR) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING UNJUST TERMINATIONS *Referred to Law, Buildings & Code Enforcement* 16 Flynn Ordinance 17.53.24 AN ORDINANCE REPEALING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS) OF THE CODE OF THE CITY OF ALBANY *Referred to Planning, Economic Development & Land Use | Discussed: 9/9/2024* 17 Farrell Ordinance 18.61.24 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PILOT PROGRAM FOR STREET PERFORMERS *Referred to Law, Buildings & Code Enforcement | Discussed: 9/24/2024* 18 Keegan Ordinance 19.62.24 AN ORDINANCE AMENDING ARTICLE VIII (PUBLIC NUISANCE ABATEMENT) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CORRECTING DEFINITIONS TO MATCH STATE LAW *Passed the Law, Buildings & Code Enforcement Committee | Discussed: 9/24/2024* (Revised 10/25/2024) Page 9 of 14 19 Romero Ordinance 20.62.24 AN ORDINANCE AMENDING SECTION 357-74 (“ESTABLISHMENT OF A RESIDENTIAL PARKING PERMIT SYSTEM”) OF CHAPTER 359 (“VEHICLES AND TRAFFIC”) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MODIFYING THE BOUNDARIES OF THE RESIDENTIAL PARKING PERMIT SYSTEM *Referred to Planning, Economic Development & Land Use* 20 Frederick Ordinance 21.71.24 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO TRUCK PARKING RESTRICTIONS *Referred to Law, Buildings & Code Enforcement* 21 Keegan Ordinance 22.72.24 AN ORDINANCE AMENDING ARTICLE IX (PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE DEFINITIONS OF AGGRESSIVE SOLICITATION *Referred to Public Safety* 22 Anane Ordinance 23.81.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING SINGLE-, TWO-, AND THREE- UNIT DETATCHED DWELLINGS AS PERMITTED USES IN THE MU-CI ZONING DISTRICT *Referred to Planning, Economic Development & Land Use | Discussion: 10/28/2024* 23 Farrell Ordinance 24.81.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) AND CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF ACTIVE TRANSPORTATION IN THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement | Discussed: 9/24/2024* 24 Farrell Ordinance 25.82.24 AN ORDINANCE AMENDING ARTICLE XXI (GENERAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DUTIES OF THE BOARD OF ASSESSMENT REVIEW *Referred to Finance, Assessment and Taxation* 25 Kimbrough Ordinance 26.91.24 AN ORDINANCE AMENDING ARTICLE IIA (HONORARY STREET NAMINGS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING AND CLARIFYING HONORARY STREET NAMINGS BY ELECTED OFFICIALS *Referred to General Services, Health & Environment* 26 Anane *Under Consideration* Ordinance 27.91.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE AFFORDABLE HOUSING INCENTIVE *Referred to Planning, Economic Development & Land Use* 27 Frederick *Under Consideration* Ordinance 28.101.24 AN ORDINANCE ADOPTING THE CITY OF ALBANY BUDGET FOR FISCAL YEAR 2025, AS PRESENTED BY THE MAYOR ON OCTOBER 1, 2024 *Referred to Finance, Assessment and Taxation* (Revised 10/25/2024) Page 10 of 14 28 Flyrnn Ordinance 29.102.24 AN ORDINANCE AMENDING ARTICLE IV (UTILITY POLE REGULATIONS) OF CHAPTER 171 (ELECTRICITY) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ENSURING THE QUICK AND EFFECTIVE REMOVAL OF DOUBLE POLES (Revised 10/25/2024) Page 11 of 14 Resolutions Introduced 1 Keegan *Under Consideration* Resolution 122.111.24R A RESOLUTION OF THE COMMON COUNCIL IN RECOGNITION OF NATIVE AMERICAN HERITAGE MONTH 2 Frederick *Under Consideration* Resolution 123.111.24R A RESOLUTION OF THE COMMON COUNCIL OUTLINING ITS ACTIONS AND EXPRESSING ITS FINDINGS AND INTENT CONCERNING THE CITY OF ALBANY 2025 BUDGET AS PROPOSED IN ORDINANCE 28.101.24 (Revised 10/25/2024) Page 12 of 14 Resolutions Held 1 Hoey Resolution 14.21.22R A RESOLUTION OF THE COMMON COUNCIL EXPRESSING ITS DESIRE TO CREATE A BIKE/WALKING TRAIL ALONG THE NEW YORK STATE THRUWAY *Referred to Parks, Recreation & Family Services* 2 Clarke Resolution 9.21.23R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE OF BEVERLY BARDEQUEZ AND RENAMING A PORTION OF RAPP ROAD IN HER HONOR *Passed the General Services, Health & Environment Committee | Discussed: 2/15/2023* 3 Adams Resolution 95.92.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING THE SECOND MONDAY IN OCTOBER OF EACH YEAR AS INDIGENOUS PEOPLES' DAY IN ALBANY *Referred to Law, Buildings & Code Enforcement* 4 Love Resolution 9.12.24R (MC) A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING INCREASED VIOLENCE IN THE CITY OF ALBANY AND REAFFIRMING THE COUNCIL’S COMMITMENT TO A PERMANENT END TO VIOLENCE IN OUR COMMUNITIES *Referred to Public Safety | Discussed: 2/13/2024* 5 Robinson Resolution 77.72.24R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF GAIL S. ELLIOT AND RENAMING A PORTION OF NORTHERN BOULEVARD IN HER HONOR *Referred to General Services, Health & Environment* 6 Frederick *Under Consideration* Resolution 82.81.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/23/2024* 7 Robinson Resolution 86.81.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING RICHARD CONTI AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS *Referred to Human Resources & Human Rights* 8 Robinson Resolution 89.82.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING THOMAS MUELLER AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS *Referred to Human Resources & Human Rights* 9 Balarin Resolution 93.91.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING TINA LIEBERMAN AS A MEMBER OF THE SUSTAINABILITY COMMISSION *Referred to Planning, Economic Development & Land Use* 10 Balarin Resolution 94.91.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING GABRIELLA CEBADA MORA AS A MEMBER OF THE SUSTAINABILITY COMMISSION *Referred to Planning, Economic Development & Land Use* (Revised 10/25/2024) Page 13 of 14 11 Robinson Resolution 95.91.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING NATISHA M. ALEXANDER AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS *Referred to Human Resources & Human Rights* 12 Balarin Resolution 102.92.24R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE EXECTUION OF A FRANCHISE AGREEMENT WITH SPECTRUM NORTHEAST LLC *Referred to Planning, Economic Development & Land Use* 13 Frederick Resolution 105.92.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING STEPHEN MCLAUGHLIN AS A MEMBER OF THE BOARD OF ASSESSMENT REVIEW *Referred to Finance, Assessment and Taxation* 14 Frederick Resolution 108.101.24R A RESOLUTION OF THE COMMON COUNCIL ESTABLISHING THE LOCALLY-ADJUSTED BASE PROPORTIONS OF THE HOMESTEAD AND NON-HOMESTEAD CLASSES FOR PROPERTY TAX PURPOSES PURSUANT TO ARTICLE 19 OF THE REAL PROPERTY TAX LAW *Referred to Finance, Assessment and Taxation* 15 Hoey Resolution 119.102.24R A RESOLUTION OF THE COMMON COUNCIL APPOINTING EMILY SOWEK AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD (Revised 10/25/2024) Page 14 of 14 COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION NOVEMBER 4, 2024 LOCAL LAWS L OF 2024 A LOCAL LAW AMENDING ARTICLE I (EMPLOYEE RESIDENCY REQUIREMENT) OF CHAPTER 62 (LABOR) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO BROADENING THE EMPLOYEE RESIDENCY REQUIREMENT ORDINANCES 65.111.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIREMENTS FOR SIGNS 66.111.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY BY CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 31 TRINITY PLACE FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED-USE NEIGHBORHOOD EDGE (MU-NE) AND AMENDING THE ZONING MAP ACCORDINGLY RESOLUTIONS 122.111.24R A RESOLUTION OF THE COMMON COUNCIL IN RECOGNITION OF NATIVE AMERICAN HERITAGE MONTH 123.111.24R A RESOLUTION OF THE COMMON COUNCIL OUTLINING ITS ACTIONS AND EXPRESSING ITS FINDINGS AND INTENT CONCERNING THE CITY OF ALBANY 2025 BUDGET AS PROPOSED IN ORDINANCE 28.101.24 Council Members Anane and Balarin introduced the following: LOCAL LAW L OF 2024 A LOCAL LAW AMENDING ARTICLE I (EMPLOYEE RESIDENCY REQUIREMENT) OF CHAPTER 62 (LABOR) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO BROADENING THE EMPLOYEE RESIDENCY REQUIREMENT Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Article I (Employee Residency Requirement) of Chapter 62 (Labor) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: Article I Employee Residency Requirement § 62-1. Employee residency; residency preference A. The legislative body determines that individuals who are employees of the City of Albany have a greater interest, commitment and more involvement with the government which employs them if the employee lives within near that municipality. Thus, the Common Council believes that the public need is sufficient to require that employees hired after the effective date of this section be residents of the City of Albany the County of Albany or a county within the state contiguous thereto. This section shall not supersede or override any other residency provision existing in state or federal law, state civil service regulation, or existing in the Code of Ordinances of the City of Albany. B. All labor, skilled or unskilled, persons employed by or for the City of Albany, its various municipal boards, departments, and officials or agents, shall be performed only by citizens of Albany, and to further observe the best interests of the taxpayers in disbursing public moneys and secure the best possible workmanship, mechanics affiliated with the trade organizations of their crafts shall be given preference in the performance of contracts wherever and wherever practicable. City of Albany residents shall be given a preference for seasonal and temporary positions residents of the County of Albany or a county within the state contiguous thereto. When a position is filled through a competitive examination, preference for filling such position will be given to candidates who are residents of the City of Albany. In furtherance of this goal, the City shall create a preferred certification list. Once the City of Albany resident-preferred list has been exhausted, such positions may be filled by canvassing a non-residency preferred list. C. All department heads subject to confirmation by the Common Council hired after the effective date of the law shall be residents of the City during such employment or become residents of the City within 180 days after confirmation by the Common Council. Said department heads may petition the Common Council for a waiver of the residency requirement which may be granted by a majority vote of the Common Council. Those persons expressly exempted by the Public Officers Law of the State of New York are hereby exempt from the provision. Matter in strikethrough to be deleted. Matter underlined is new material. D. Residency for new employees. Except as otherwise provided by this section, the Common Council hereby establishes a residency requirement for all prospective employees of the City. Every person initially employed by the City of Albany shall, as a qualification of employment, be or become a resident of the City County of Albany or a county in the state contiguous thereto within 180 days of the date of initial appointment for to said City. Furthermore, employees hired after the effective date of this section shall continue to be a resident of the City County of Albany, or a county in the state contiguous thereto, throughout their employment with the City, and the failure to move into one the City Albany County or a county in the state contiguous thereto shall be deemed a voluntary resignation. The City may require annual proof of residency from affected employees. E. Board of Residency. There is hereby created by this section a Board of Residency. This Board shall consist of five members and shall consist of the Mayor of the City of Albany or the Mayor's appointee, the Corporation Counsel of the City of Albany or a representative of the Corporation Counsel and three Council members. All members of this Board shall be City of Albany residents. The Board shall have the following powers and obligations: (1) The Board shall meet within 30 days upon receipt of a written request of the Mayor or independently elected or appointed official heading an office, to make a determination granting or denying a one -year waiver of the residency requirement for prospective employees. The granting of the waiver exempts said employee from the provisions of this section for a one-year period. This determination shall be based upon one or more of the following criteria: a) the degree of specialization and professionalism required in any given field of employment; b) the existence of hardship such as may be determined by the Board; and c) the lack of qualified candidates residing within the City County of Albany or a county in the state contiguous thereto. A request for an extension of the waiver may be made and determined in the same manner provided herein for the initial request. Section 2. Article I (Employee Residency Requirement) of Chapter 62 (Labor) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended by adding a new Subparagraph F to read as follows: F. Nothing in this section shall require an individual whose residency met the requirements under an older version of this chapter, not including waivers from the Board of Residency, to move residences to stay in compliance with this section. Section 3. This Local Law shall take effect upon passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS XXTH DAY OF SEPTEMBER, 2024 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: September 3, 2024 Sponsor(s): Anane LOCAL LAW L OF 2024 TITLE A LOCAL LAW AMENDING ARTICLE I (EMPLOYEE RESIDENCY REQUIREMENT) OF CHAPTER 62 (LABOR) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO BROADENING THE EMPLOYEE RESIDENCY REQUIREMENT GENERAL PURPOSE OF LEGISLATION This local law will modify the residency requirement to allow departments to hire employees who live Albany, Rensselaer, and Schenectady Counties. NECESSITY FOR LEGISLATION AND CHANGES TO EXISITING LAW It has become difficult for many city offices to fill vacant positions with qualified applicants. This law will broaden the pool of qualified applicants by allowing prospective qualified employees to live outside of the City of Albany. FISCAL IMPACT(S) None. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Balarin, on behalf of the Committee on Planning, Economic Development and Land Use, introduced the following: ORDINANCE 65.111.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIREMENTS FOR SIGNS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Sub-clause (7) of clause (C) of subparagraph (iv) (Convenience retail) of paragraph (f) (Retail) of subsection (4) (Commercial uses) of section 375-303 (Use-specific standards) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: 7. Ensure that in compliance with § 375-409(4)(e) 375-409(7)(a)(iv), window signs do not obstruct more than 15% of any individual window, or collectively more than 10% of the window area on any story of the building, exclusive of any notices required by federal, state, or local law. Section 2. Section 375-409 (Signs) of Article IV (Development Standards) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 375-409 Signs. (1) General. Purpose and Intent. (a) Purpose. The purpose of the regulations in this § 375-409 is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor signs of all types. More specifically, these regulations are intended to: (i) Protect property values; (ii) Create a more attractive economic and business climate; (iii) Enhance and protect the physical appearance of the community; (iv) Preserve the scenic and natural beauty; (v) Reduce sign or advertising distractions and obstructions that may contribute to traffic accidents; Matter in strikethrough to be deleted. Matter underlined is new material. (vi) Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way; and (vii) Curb the deterioration of the community's appearance and attractiveness. (b) Intent. It is the intent of the City to comply with all applicable laws, statutes, regulations, and federal and state court decisions regarding the regulation of signs, and not to engage in any form of content-based regulation of sign messages prohibited by federal or state constitutions, statutes, or court decisions. (c) Substitution. Noncommercial content may be substituted for other content on any sign permitted under this § 375-409 or any legally nonconforming sign under this USDO. (d) Severability. If any decision, subsection, sentence, phrase or portion of this § 375- 409 is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion of these regulations shall be deemed separate and distinct, and any such holding shall not affect the validity or constitutionality of the remaining portions of this § 375-409, which shall remain in full force and effect. (2) Applicability. (a) This § 375-409 shall apply to the erection or continuation of all signs located outside of, or located within but designed to be viewed from outside of, a structure, in all zoning districts, unless specifically exempted by this USDO. (b) In addition to the provisions of this § 375-409, additional sign regulations listed in Article II (Zoning Districts) or § 375-303 (Use-specific standards), and the Manual on Uniform Traffic Control Devices (MUTCD) may apply. If there is a conflict between any sign regulation in § 375-206 (Overlay Districts) and any other sign regulation, the provisions of § 375-206 shall apply. If there is any other conflict between two or more sign regulations in this USDO, the stricter provision shall apply. (c) Notwithstanding the provisions of Subsection (2)(a) and (b) above, the provisions of this § 375-409 shall not apply to any sign erected or required to be erected by any state or federal governmental agency, provided that the size, height, location, and type of sign comply with these provisions to the maximum extent practicable. If there is a conflict between any sign regulation in § 375-206 (Overlay Districts) and any other sign regulation, the provisions of § 375-206 shall apply. If there is any other conflict between two or more sign regulations in this USDO, the stricter provision shall apply. (d) Any sign legally erected prior to the adoption of this USDO that is no longer in compliance with the standards in this § 375-409 may be retained in use subject to the provisions of § 375-506 (Preexisting development and nonconformities). Matter in strikethrough to be deleted. Matter underlined is new material. (e) These standards shall apply to all form-based districts unless addressed within the form-based standards, in which case the form-based standards will prevail. (3) Standards applicable to all signs. (a) No sign or part of a sign shall be located on any property without the consent of the owner, holder, lessee, agent or trustee or other party controlling the use of such property. (b) No sign may contain flashing, intermittent rotating or moving lights, except: (i) Signs located along Central Avenue, between King Avenue and the City line; (ii) Signs located within the MU-CH Zoning District, subject to the limitations in § 375-409(5)(a)(ii)A3; and (iii) Those signs permitted by § 375-409(5)(a)(ii)A3. (c) Internally illuminated or backlit signs (except for neon tubing) shall be prohibited unless light passes only through sign copy. Any background shall remain opaque and light transmission shall be blocked. (d) No sign shall be constructed that resembles any official marker erected by the City, the State of New York or any governmental agency or that by reason of positioning, shape or color would conflict with the proper functioning of any traffic sign or signal or would impair or cause confusion of vehicular or pedestrian traffic. (e) [Image] On any corner lot, no sign that obstructs sight lines at elevations between three and six feet above the driving surface of the adjacent roadway shall be permitted in the area formed by measuring 20 feet along both curblines where they intersect, and connecting the two points to form a sight triangle. (f) No sign or sign support shall be placed upon the roof of any building. (g) No signage shall contain any obscene wording or images. (h) Any part of a sign extending over a public right-of-way shall require the approval of the City and shall have a minimum vertical clearance of eight feet above any sidewalk or walkway and a minimum vertical clearance of 10 feet above any vehicle driving surface. (i) Any part of a sign extending over a privately owned pedestrian traffic area shall require the approval of the owner of the property containing the pedestrian traffic area, and shall have a minimum clearance of eight feet above any sidewalk or Matter in strikethrough to be deleted. Matter underlined is new material. walkway and a minimum vertical clearance of 10 feet above any vehicle driving surface. (j) All signage shall be constructed of durable material and maintained in good condition and repair, shall be securely anchored and constructed to prevent lateral movement that would cause wear on supporting connections, and shall be constructed to withstand expected wind loads appropriate to design and installation. (k) All building-mounted signs shall be placed and anchored to avoid or minimize damage to any historic surface or character-defining features of a building, and so that the character-defining features of the building are not obscured. (l) Notwithstanding any other provision of this § 375-409, applications for signs to be located on property in the HR-O District shall be referred to the Chief Planning Official or Historic Resources Commission for review and recommendation as to appropriateness with and conformity to such areas' aesthetic, historic and/or architectural integrity. (3) Sign measurement. (a) Sign Area. Sign area is measured as the total area of a sign, as follows: (i) For signs on a background, the entire area of the framework or background of the sign is calculated as sign area, including any material or color forming the sign face or background used to differentiate the sign from the structure against which it is placed. [INSERT IMAGE] (ii) For signs consisting of freestanding letters or features, the sign area is calculated as the total area of each rectangle that encompasses each individual letter or feature. Sign area does not include any supporting framework or bracing, unless such framework or bracing is part of the message or sign face. [INSERT IMAGE] (iii) Window signs printed on a transparent film and affixed to the interior or exterior of a windowpane are calculated as individual letters or features, provided that the portion of the film around the individual letters or features is fully transparent. [INSERT IMAGE] (iv) The sign area of a three-dimensional, free-form or sculptural (non-planar) sign is calculated as 50% of the sum of the area of the four vertical sides of the smallest cube that will encompass the sign. [INSERT IMAGE] Matter in strikethrough to be deleted. Matter underlined is new material. (v) If a sign has two or more faces, the area of all faces is included in determining the area of the sign, unless the two sign faces are placed back to back and are no more than two feet apart. In such case, the sign area is calculated as the area of one face. If the two faces are unequal in area, the area of the larger face is used to calculate sign area. [INSERT IMAGE] (b) Sign Height. Sign height is measured as the vertical distance from the base of a sign or sign structure, to the highest point of the sign or sign structure. [INSERT IMAGE] (c) Vertical Clearance. For signs attached to a structure, vertical clearance is measured as the vertical distance from the sidewalk level to the lowest point of the sign. (4) Signs that may be erected without a permit. The following signs may be erected and maintained on private property without a permit or fee, provided that such signs comply with all standards applicable to that type of sign. (a) One nonilluminated sign or marker cut into the masonry surface of a building, not to exceed four square feet in area. (b) Flags not exceeding 60 square feet in area and mounted not more than 50 feet above grade. (c) Directional or warning signs for the convenience and safety of the general public not exceeding four square feet in area and mounted not more than six feet above grade. (d) One nonilluminated sign attached to the front facade of any principal and accessory building, not exceeding one square foot in area and mounted not more than 10 feet above grade. (e) Window signs that do not exceed 15% of the area of any individual window surface in a residential, mixed-use or special purpose zoning district and that, collectively, do not cover more than 10% of the total window area by story of the applicable structure (exclusive of any window signage or notices required under federal, state, or local law). (f) Up to two temporary signs or banners. In the residential zoning districts, each sign or banner shall not exceed six square feet in area, and shall not be mounted more than six feet above grade. In mixed-use and special purpose zoning districts, each sign or banner shall not exceed 20 square feet in area, signs shall not be mounted more than 10 feet above grade, and banners shall not be mounted above the second story of the building. In all zoning districts, the temporary signs shall be limited to a period of six consecutive months in each calendar year. All temporary signs that related to a specific event or activity shall be removed within seven days of the end of the event or activity to which they relate. Matter in strikethrough to be deleted. Matter underlined is new material. (g) A-frame or sandwich-type sidewalk signs in front of establishments in the mixed- use districts that are no taller than three feet, that are located so as to maintain at least a four-foot clear pedestrian passage area on any sidewalk, and that are removed from the sidewalk area when the adjacent establishment is closed for business. (h) Seasonal holiday decorations and lighting. (4) Sign types. (a) Attached signs. An attached sign shall mean a sign that is attached to a building (including any building component, such as a column, marquee or canopy) and that uses the building as its primary support. The following are specific types of signs that are categorized as attached signs: (i) Awning sign. Any sign or graphic attached to, painted on or applied to an awning, awning canopy or fuel canopy. (ii) Marquee sign. Any sign which is located on a marquee, or a permanent roofed structure attached to and supported by the building and projecting over public property. (iii) Projecting sign. Any sign which projects from and is supported by a wall of a building with the display surface of the sign perpendicular to the building wall. (iv) Wall sign. A sign attached to the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of said wall, not extending beyond the ends or over the top of the wall to which the sign is attached, nor more than nine inches from the face of the building or structure to which the sign is attached. (b) Detached sign. Any sign that is connected to the ground, and that is not attached to a building or a component of a building. The following are specific types of signs that are categorized as detached signs: (i) Pole sign. Any freestanding sign in which the sign face is supported by a single post, pole or support, and the area between the sign face and the ground is not opaque or enclosed, so that the sign face support structure is visible. (ii) Post-and-panel. Any freestanding sign in which the sign face is supported by two poles, posts, or supports, generally located at or near either end of the sign face, and between which poles, posts, or supports the sign face is visible. Matter in strikethrough to be deleted. Matter underlined is new material. (iii) Monument sign. Signage constructed on a monument base identifying the name of the business or retail center on the premises upon which the sign is placed. A sign face manufactured and constructed clearly to be a portable sign shall not be used in any form to be made into a permanent sign. (5) On premises signs that require a sign permit. (a) The following types of on premises signs may be erected, provided that the applicant obtains a sign permit pursuant to § 375-505(15) (Sign permit) and a building permit authorizing the erection of the sign: (i) Type, size, and locations. Table 375.409.1 Type, Size, and Locations of Signs Residential Special Purpose Type of Sign Standard Mixed-Use Districts Districts Districts MU-NE MU-NC MU-CI 1 MU-CU Maximum number per MU-CH 1[1] 1 street frontage MU-DT MU-FW MU-FC 0 MU-FS MU-FM MU-CU Freestanding MU-CH 64[3] Maximum size (square MU-CI 6[1] 64 feet) MU-DT MU-NC 20 MU-NE MU-CU MU-CH 8[3] MU-CI Maximum height (feet) 5 6 MU-DT MU-NC 5 MU-NE Matter in strikethrough to be deleted. Matter underlined is new material. External Illumination Yes[4] Yes[4] only[1] Maximum number per street frontage or 1[1] 1[5] [8] 1 shopfront[7] MU-CU MU-CH 32[3] [5] MU-CI MU-DT Wall MU-NC MU-NE MU-FW 24 MU-FC MU-FS MU-FM Illumination No Yes[4] Yes[4] Maximum number per street frontage or 0 1[6] 1[6] shopfront[7] MU-CU MU-CH 32 MU-CI MU-DT Projecting Maximum size (square MU-NE N/A 32 feet) MU-NC MU-FW 24 MU-FC MU-FS MU-FM Illumination N/A Yes[4] Yes[4] Maximum number per street frontage or 0 1[6] 1[6] shopfront7 Awning Maximum size of sign N/A 24 24 area (square feet) Illumination N/A Yes[4] Yes[4] NOTES: [1] Limited to multi-unit dwellings and nonresidential uses. Matter in strikethrough to be deleted. Matter underlined is new material. Buildings with commercial use or shopfront may be approved for a wall sign of up to 10 [2] square feet, provided that the proposed sign is consistent with the character of the building and neighborhood in which it is located, as determined by the Chief Planning Official. In the MU-CH and MU-CI Districts, a freestanding directory sign of up to 100 square feet is [3] permitted for multi-tenanted properties that have more than 200 linear feet of street frontage. [4] Applicable signs are subject to the provisions of §§ 375-408 and 375-409(3). Additional signs permitted above top row of windows on buildings at least 9 stories in height [5] may not extend across more than 50% of building facade width. [6] Permitted only as alternative to a wall sign. Where more than one sign is allowed for multiple shopfronts, the sign for each shopfront [7] shall not exceed the width of the shopfront. (ii) Standards for specific types of signs. The following regulations shall apply to the specific types of signs listed below: A. Freestanding signs. 1. Freestanding signs shall be monument, or post-and-panel signs. 2. No freestanding sign shall be located less than five feet from the side lot line. 3. In the MU-NC, MU-CU and special purpose districts, up to 20% of the permitted freestanding sign area may be electronically or manually changeable copy. In the MU-CH District, up to 50% of the permitted freestanding sign area may be electronically or manually changeable copy, provided that any electronically changeable copy: a. Does not change images or symbols more than four times each minute, and each change of image takes place in less than one second; and b. The maximum illumination of the electronic copy is not more than 5,000 nits from dawn to dusk or 500 nits from dusk to dawn; and c. Is located perpendicular to a street fronting the property. B. Wall signs. Matter in strikethrough to be deleted. Matter underlined is new material. 1. Wall signs shall not extend beyond the ends or over the top of the wall to which the sign is attached. 2. Wall signs shall not project more than nine inches from the face of the building to which the sign is attached. C. Projecting signs. 1. Projecting signs shall not have more than two faces unless located at the corner of a building on a corner lot. 2. The exterior edge of a projecting sign shall not extend more than five feet perpendicular from the building face or 1/3 the width of the sidewalk, whichever is less. D. Awning signs. Awning sign messages shall be integrated into or painted on the awning. No sign shall project outward from an awning surface. (5) Standards applicable to all signs. (a) General Standards. (i) Noncommercial content may be substituted for other content on any sign permitted under this § 375-409 or any legally nonconforming sign under this USDO. (ii) No sign or part of a sign shall be located on any property without the consent of the owner, holder, lessee, agent or trustee or other party controlling the use of such property. (iii) No sign shall be constructed that resembles any official marker erected by the City, the State of New York or any governmental agency or that by reason of positioning, shape or color would conflict with the proper functioning of any traffic sign or signal or would impair or cause confusion of vehicular or pedestrian traffic. (iv) No sign or sign support shall be placed upon the roof of any building. (v) No signage shall contain any obscene wording or images. (vi) Any part of a sign extending over a public right-of-way shall require the approval of the City. (vii) Notwithstanding any other provision of this § 375-409, applications for signs to be located on property in the HR-O District shall be referred to the Matter in strikethrough to be deleted. Matter underlined is new material. Chief Planning Official or Historic Resources Commission for review and recommendation as to appropriateness with and conformity to such areas' aesthetic, historic and/or architectural integrity. (b) Sign construction. (i) All signage shall be constructed of durable material and maintained in good condition and repair, shall be securely anchored and constructed to prevent lateral movement that would cause wear on supporting connections, and shall be constructed to withstand expected wind loads appropriate to design and installation. (ii) Supports and braces must be designed as an integral part of the overall sign structure and hidden from public view to the extent technically feasible. (iii) If a raceway is necessary, it must not extend in width or height beyond the area of the sign. A raceway must be finished to match the background surface to which it is attached, or integrated into the overall design of the sign. (iv) Conduits and other electrical components must be designed as an integral part of the overall sign structure and hidden from view to the extent technically feasible. Visible transformers are prohibited. (v) When a building-mounted sign is removed, the wall must be repaired and restored to its original condition prior to sign installation. (c) Sign location. (i) Location on building. A. Signs must not be located so that they cover architectural features of the building, including, but not limited to, transoms, insignias, or any other architectural feature. B. All building-mounted signs shall be placed and anchored to avoid or minimize damage to any historic surface or character-defining features of a building, and so that the character-defining features of the building are not obscured. (ii) Location on site. A. On any corner lot, no sign that obstructs sight lines at elevations between three and six feet above the driving surface of the adjacent roadway shall be permitted in the area formed by measuring 20 feet along both curblines where they intersect, and connecting the two points to form a sight triangle. Matter in strikethrough to be deleted. Matter underlined is new material. B. Vertical clearance. Any part of a sign shall have a minimum clearance of eight feet above any pedestrian traffic area, sidewalk or walkway and a minimum clearance of 10 feet above any vehicle driving surface. (d) Illumination. (i) Only external light sources are permitted in residential zone districts. (ii) External light sources intended to illuminate the sign face must be fully shielded and placed close to, and directed upon, the sign face. (iii) Internally illuminated or backlit signs (except for neon tubing) shall be prohibited. Internal illumination is limited to letters, numbers, symbols, and accents. The remaining area of the sign face must remain opaque. (iv) No sign shall contain flashing, blinking, fluttering, or strobe-light effects. (6) Other displays on walls, structures, or sites. (a) General provisions. This § 375-409(6) applies to all displays on walls or structures that are not exempt from the requirements of this § 375-409, that exceed the height, size, duration, or another physical standard in this section for an attached sign in the zoning district where the wall or structure is located. (b) Special review required. (i) Applications for approval of a display under this § 375-409(6) shall be reviewed by the Planning Board, unless the Planning Board has delegated such duties to the Albany Arts Commission, pursuant to the review criteria in § 375-409(6)(c). (ii) A decision on the application shall be made within 60 days after the City's receipt of a complete application. (iii) An approved special display expands the number, size, and duration of signs otherwise permitted on the property. Any approval of a special display shall not affect the ability of the applicant to erect or maintain any other signs on the property permitted by this § 375-409. (c) Review criteria. The Planning Board may approve an application for a special display if it finds that the proposed display: (i) Is a form of speech or expression protected by the First Amendment to the United States Constitution and/or the New York Constitution; Matter in strikethrough to be deleted. Matter underlined is new material. (ii) Will be created, constructed, erected, or displayed in a way that is visually distinct from other permitted signs on the property; (iii) Serves to activate or enhance a public space or streetscape; (iv) Does not exceed the dimensions of any surface upon which it is mounted; (v) Will be treated to address vandalism and exposure to sun; (vi) Will not require extensive or repeated maintenance, or the applicant has provided adequate assurance (including financial assurance) that maintenance and repairs will be timely performed; (vii) Does not create a threat to public health or safety or to vehicular, bicycle, or pedestrian traffic safety or congestion; (viii) Does not create noise, sound, light, reflection, glare, shading, flickering, vibration, or odor impacts on nearby properties; and (ix) Does not impair the performance of required City functions (6) Standards for specific types of signs. The following regulations shall apply to the specific types of signs listed below: (a) Detached signs. (i) Detached signs shall be monument, or post-and-panel signs. Pole signs shall be prohibited. (ii) No detached sign shall be located less than five feet from the side lot line. (iii) In the MU-NC, MU-CU and special purpose districts, up to 30% of the permitted detached sign area may be electronically or manually changeable copy. In the MU-CH District, up to 70% of the permitted detached sign area may be electronically or manually changeable copy, provided that any electronically changeable copy: A. Does not change images or symbols more than once every 10 seconds; B. Changes in an instantaneous manner, without scrolling, fading in, dropping in, or similar moving copy changes; C. Does not exceed the maximum illumination of 5,000 nits from dawn to dusk or 500 nits from dusk to dawn; Matter in strikethrough to be deleted. Matter underlined is new material. D. Shall have automatic dimming capabilities that are equipped with a photocell that detects ambient light and automatically adjusts brightness levels to the limits set here within; E. Does not employ the use of audio; and F. Is located perpendicular to a street fronting the property. (b) Wall signs. (i) Wall signs shall not extend beyond the ends or over the top of the wall to which the sign is attached. (ii) Wall signs shall not project more than nine inches from the face of the building to which the sign is attached. (c) Project signs. (i) Projecting signs shall not have more than two faces unless located at the corner of a building on a corner lot. (ii) The exterior edge of a projecting sign shall not extend more than five feet perpendicular from the building face or 1/3 the width of the sidewalk, whichever is less. (d) Awning signs. (i) Awning sign messages shall be integrated into or painted on the awning. No sign shall project outward from an awning surface. (e) Menu board signs. (i) A maximum of two menu boards are permitted per drive aisle of a drive-in or drive-through facility. (ii) A menu board shall not exceed 40 square feet. (iii) The sign area for a menu board shall not be counted in the total cumulative sign area for attached or detached signs. (iv) Menu boards shall be located a minimum of 15 feet from any residentially zoned property. (v) The sign area for a menu board shall not be counted in the total cumulative sign area for attached or detached signs. Matter in strikethrough to be deleted. Matter underlined is new material. (7) Off-premises signs that require a permit. The following types and numbers of off-premises signs may be erected in the following locations, provided that the applicant obtains a sign permit pursuant to § 375-505(15) (Sign permit) and a building permit authorizing the erection of the sign (a) Maximum type, number and permitted locations. (i) Unless otherwise limited by this USDO, off premises monument, post and panel, and pole signs are permitted. (ii) There shall not be constructed, relocated or otherwise erected in the City any off-premises signs or sign faces that would result in more than 95 off- premises sign faces existing in the City. (iii) Off-premises signage, including billboards, is prohibited except in the following designated areas: A. The area along Interstate 90 bounded by its intersection with the City line to the east and its intersection with Central Avenue to the west, not to exceed a distance of 75 feet from the state right-of-way. B. The area along Interstate 787 bounded on the south by a line drawn in a generally easterly direction from its intersection with Clinton Avenue and the City line north, not to exceed a distance of 75 feet from the state right-of-way. C. The area along Interstate 787 bounded by its intersection with Route 9 to Madison Avenue on the north, not to exceed a distance of 75 feet from the state right-of-way. (iv) Notwithstanding the provisions of Subsection (7)(a)(ii) above, no off- premises sign visible from a public right-of-way shall be constructed at any location having principal frontage on any street within 150 feet of any property that is used for public parks, schools and churches, having its principal frontage on the same street. (b) Maximum size and height. (i) The maximum area for any one face of an off-premises sign shall be 700 square feet, inclusive of any border and trim but excluding the base or apron, supports and other structural members. Cutouts not exceeding 20% of the maximum areas may be added to each face of an off-premises sign. (ii) The maximum height for any off-premises sign, exclusive of cutouts, shall be 60 feet. All measurements are to be taken from the grade level at which Matter in strikethrough to be deleted. Matter underlined is new material. the sign is located. (c) Relocation. Off-premises signage removed from the prohibited areas in accordance with the provisions of this § 375-409(7) may be relocated and reconstructed in the areas listed in Subsection (7)(a) above. (d) Legally nonconforming off-premises signs. (i) Off-premises signs in existence on the effective date, December 7, 1992, of this § 375-409(7) that have been legally erected and maintained, but that do not comply with the provisions this § 375-409(7), may continue to be maintained and repaired in place, so long as the size of the sign is not increased in terms of faces, length, height, or illumination levels. (ii) Legally preexisting nonconforming signage that is removed for reasons other than being illegal pursuant to this § 375-409(7) may be removed and relocated in accordance with Subsection (7)(c) above, provided that the style and type of the sign is not changed. (7) Signs that may be erected without a permit. The following signs may be erected and maintained on private property without a permit or fee, provided that such signs comply with all standards applicable to that type of sign. (a) Permanent exempt signs. (i) Any sign erected or required to be erected by any state or federal governmental agency, provided that the size, height, location, and type of sign comply with these provisions to the maximum extent practicable. (ii) One nonilluminated sign or marker cut into the masonry surface of a building, not to exceed four square feet in area. (iii) Flags not exceeding 60 square feet in area and mounted not more than 50 feet above grade. (iv) Directional or warning signs for the convenience and safety of the general public not exceeding four square feet in area and mounted not more than six feet above grade. (v) One nonilluminated sign attached to the front facade of any principal and accessory building, not exceeding one square foot in area and mounted not more than 10 feet above grade. (vi) Window signs that do not exceed 15% of the area of any individual window surface in a residential, mixed-use or special purpose zoning district and that, collectively, do not cover more than 10% of the total window area by Matter in strikethrough to be deleted. Matter underlined is new material. story of the applicable structure (exclusive of any window signage or notices required under federal, state, or local law). (vii) A-frame or sandwich-type sidewalk signs in front of establishments in the mixed-use districts that are no taller than three feet, that are located so as to maintain at least a four-foot clear pedestrian passage area on any sidewalk, and that are removed from the sidewalk area when the adjacent establishment is closed for business. (viii) Seasonal holiday decorations and lighting. (ix) One ATM sign which is incorporated into and designed as part of an automatic teller machine (ATM). The advertisement upon the ATM sign must be limited to the term “ATM” and the name and logo of the financial institution rendering the ATM service. (x) Signage affixed directly upon a vehicle charging station or fueling pump. (b) Temporary exempt signs. (i) Up to two temporary signs or banners shall be permitted. A. In the residential zoning districts, each sign or banner shall not exceed six square feet in area, and shall not be mounted more than six feet above grade. B. In mixed-use and special purpose zoning districts, each sign or banner shall not exceed 20 square feet in area, signs shall not be mounted more than 10 feet above grade, and banners shall not be mounted above the second story of the building. C. In all zoning districts, the temporary signs shall be limited to a period of six consecutive months in each calendar year. All temporary signs that related to a specific event or activity shall be removed within seven days of the end of the event or activity to which they relate. (ii) A maximum of one construction sign is permitted per frontage. A construction sign is a temporary sign intended to provide information about current construction on a site and the parties involved in the project. A. A construction sign may identify the developer, builder, architect, contractor, subcontractor, material supplier, elected officials, participating government agencies, and/or project description for an on-premises construction project. Matter in strikethrough to be deleted. Matter underlined is new material. B. The area of a temporary construction sign shall not exceed 40 square feet. C. A construction sign shall only be erected after approval of a building permit for the associated work, and must be removed within seven days of issuance of a certificate of occupancy or expiration of the permit. (8) On-premises signs. The following on-premises signs may be erected, provided that the applicant obtains a sign permit pursuant to § 375-505(15) (Sign permit) and a building permit authorizing the erection of the sign: (a) Attached signs: location, number, and size. Table 375.409.1 Attached Signs: Number and Size SF = Square Feet Maximum Number of Maximum Individual Cumulative Size of all Zoning District Attached Signs Per Sign Illumination Sign Size (SF) Attached Signs (SF) Shopfront or Frontage R-1L, R-1M, R-2 1 [1] [2] 6 SF 6 SF Not Permitted R-T, R-M 1 [1] [2] 10 SF 10 SF External Only R-V 1 [1] 20 SF 50 SF External Only MU-NE, MU-NC, 2 24 SF 32 SF External & Internal [3] MU-FM, MU-FC MU-CU, MU-DT, 2 32 SF [4] 40 SF External & Internal [3] MU-FS, MU-FW 1 SF for each linear foot MU-CH Not Limited of building frontage, not 200 SF External & Internal [3] to exceed 64 SF. MU-CI 1 per 125 ft. of frontage 64 SF [4] 400 SF External & Internal [3] I-1 1 per 250 ft. of frontage 64 SF 100 SF External & Internal [3] I-2 1 per 100 ft. of frontage 64 SF 100 SF External & Internal [3] LC 1 per 250 ft. of frontage 25 SF n/a External Only NOTES: [1] Limited to multi-unit dwellings and nonresidential uses. Buildings with a shopfront may be approved for a wall sign of up to 20 square feet, provided that [2] the proposed sign is consistent with the character of the building and neighborhood in which it is located, as determined by the Chief Planning Official. [3] Refer to section 375-409(5)(d), Illumination, for the standards applicable to sign illumination. Matter in strikethrough to be deleted. Matter underlined is new material. Additional signs permitted above top row of windows on buildings at least 9 stories in height may [4] not extend across more than 50% of building facade width. (b) Detached signs: location, number, and size. Table 375.409.2 Detached Signs: Number, Size, and Height SF = Square Feet FT = Feet Maximum Number of Maximum Cumulative Size of Detached Zoning District Detached Signs Per Individual all Detached Signs Sign Illumination Shopfront or Frontage Sign Size (SF) (SF) Height (FT) R-1L, R-1M, R-2 1 [1] 6 SF 6 SF 4 ft. Not Permitted R-T, R-M 1 [1] [2] 10 SF 10 SF 5 ft. External Only R-V 1 per 250 ft. of frontage [1] 32 SF 64 SF 5 ft. External Only MU-NE, MU-NC 1 [2] 24 SF 24 SF 5 ft. External & Internal [3] MU-DT, MU-FW, MU- 1 [2] 32 SF 32 SF 5 ft. External Only FC, MU-FS, MU-FM MU-CU 1 50 SF 64 6 ft. External & Internal [3] MU-CH 1 per 100 ft. of frontage [4] 100 SF 200 SF 15 ft. External & Internal [3] MU-CI 1 per 125 ft. of frontage [4] 64 SF 400 SF 8 ft. External & Internal [3] I-1 1 per 250 ft. of frontage 64 SF 200 SF 6 ft. External & Internal [3] I-2 1 per 100 ft. of frontage 64 SF 300 SF 8 ft. External & Internal [3] LC 1 per 250 ft. of frontage 25 SF n/a 6 ft. External Only NOTES: [1] Limited to multi-unit dwellings and nonresidential uses. A detached sign shall only be permitted on a lot where the front yard setback of an existing principal [2] building is greater than 20 feet. [3] Refer to section 375-409(5)(d), Illumination, for the standards applicable to sign illumination. In the MU-CH and MU-CI Districts, an additional detached directory sign of up to 100 square feet is [4] permitted for multi-tenanted properties that have more than 200 linear feet of street frontage. (9) Other displays on wall, structures, or sites. (a) General provisions. This § 375-409(9) applies to all displays on walls or structures that are not exempt from the requirements of this § 375-409, that exceed the height, size, duration, or another physical standard in this section for an attached sign in the zoning district where the wall or structure is located. (b) Special review required. Matter in strikethrough to be deleted. Matter underlined is new material. (i) Applications for approval of a display under this § 375-409(9) shall be reviewed by the Planning Board, unless the Planning Board has delegated such duties to the Albany Arts Commission, pursuant to the re-view criteria in § 375-409(9)(c). (ii) A decision on the application shall be made within 60 days after the City's receipt of a complete application. (iii) An approved special display expands the number, size, and duration of signs otherwise permitted on the property. Any approval of a special display shall not affect the ability of the applicant to erect or maintain any other signs on the property permitted by this § 375-409. (c) Review criteria. The Planning Board may approve an application for a special display if it finds that the pro-posed display: (i) Is a form of speech or expression protected by the First Amendment to the United States Constitution and/or the New York Constitution; (ii) Will be created, constructed, erected, or displayed in a way that is visually distinct from other permitted signs on the property; (iii) Serves to activate or enhance a public space or streetscape; (iv) Does not exceed the dimensions of any surface upon which it is mounted; (v) Will be treated to address vandalism and exposure to sun; (vi) Will not require extensive or repeated maintenance, or the applicant has provided adequate assurance (including financial assurance) that maintenance and repairs will be timely performed; (vii) Does not create a threat to public health or safety or to vehicular, bicycle, or pedestrian traffic safety or congestion; (viii) Does not create noise, sound, light, reflection, glare, shading, flickering, vibration, or odor impacts on nearby properties; and (ix) Does not impair the performance of required City functions on or around the property. (10) Off-premises signs. The following types and numbers of off-premises signs may be erected in the following locations, provided that the applicant obtains a sign permit pursuant to § 375-505(15) (Sign permit) and a building permit authorizing the erection of the sign. (a) Maximum type, number and permitted locations. Matter in strikethrough to be deleted. Matter underlined is new material. (i) Unless otherwise limited by this USDO, off-premises monument, post-and- panel, and pole signs are permitted. (ii) There shall not be constructed, relocated or otherwise erected in the City any off-premises signs or sign faces that would result in more than 95 off- premises sign faces existing in the City. (iii) Off-premises signage, including billboards, is prohibited except in the following designated areas: A. The area along Interstate 90 bounded by its intersection with the City line to the east and its intersection with Central Avenue to the west, not to exceed a distance of 75 feet from the state right-of-way. B. The area along Interstate 787 bounded on the south by a line drawn in a generally easterly direction from its intersection with Clinton Avenue and the City line north, not to exceed a distance of 75 feet from the state right-of-way. C. The area along Interstate 787 bounded by its intersection with Route 9 to Madison Avenue on the north, not to exceed a distance of 75 feet from the state right-of-way. (iv) Notwithstanding the provisions of Subsection (7)(a)(ii) above, no off- premises sign visible from a public right-of-way shall be constructed at any location having principal frontage on any street within 150 feet of any property that is used for public parks, schools and churches, having its principal frontage on the same street. (b) Maximum size and height. (i) The maximum area for any one face of an off-premises sign shall be 700 square feet, inclusive of any border and trim but excluding the base or apron, supports and other structural members. Cutouts not exceeding 20% of the maximum areas may be added to each face of an off-premises sign. (ii) The maximum height for any off-premises sign, exclusive of cutouts, shall be 60 feet. All measurements are to be taken from the grade level at which the sign is located. (11) Severability. If any decision, subsection, sentence, phrase or portion of this § 375-409 is for any reason held in-valid or unconstitutional by any court of competent jurisdiction, that portion of these regulations shall be deemed separate and distinct, and any such holding shall not affect the validity or constitutionality of the remaining portions of this § 375-409, which shall remain in full force and effect. Matter in strikethrough to be deleted. Matter underlined is new material. Section 3. Subparagraph (ii) of paragraph (a) (Applicability) of subsection (15) (Sign permit) of section 375-505 (Specific procedures) of Article V (Administration and Enforcement) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: (ii) A sign permit is not required for those signs listed in § 375-409(4) 375-409(7)(a)(iv) (Signs that may be erected without a permit). Section 4. Subsection (6) (Legally nonconforming signs) of section 375-506 (Preexisting development and nonconformities) of Article V (Administration and Enforcement) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: (6) Legally nonconforming signs (a) All signs that have been lawfully erected shall be deemed to be legal and lawful signs and shall be maintained or repaired subject to the provisions of this section. (b) On-premises signs legally erected before the adoption of this USDO that do not conform to the provisions of § 375-409 may continue to be maintained as long as the specific business or use to which any sign pertains continues to operate at the same property; however, they shall not be enlarged, increased in height, redesigned or altered in any way, unless to conform to the requirements of this USDO remain in use, provided that the sign is not altered to increase the degree of nonconformity or to create a new nonconformity. A nonconforming sign may be otherwise maintained or repaired, and the sign face and sign message may be changed, so long as such alterations do not increase the size, height, or degree of illumination of the sign. (c) A pole sign, as defined in § 375-602, legally erected prior to the adoption of this USDO, may continue to be maintained as long as the specific business or use to which the sign pertains continues to operate at the same property; however, they shall not be enlarged, increased in height, redesigned or altered in any way, unless to conform to the requirements of this USDO. (d) No nonconforming sign may be relocated in whole or in part to any other location on the same lot or any other lot, unless the sign conforms to the standards of this USDO Section 5. The definition of “Sign” in section 375-602 (Definitions) of Article VI (Rules of Construction; Definitions) of Chapter 375 (Unified Sustainable Development Ordinance) of Matter in strikethrough to be deleted. Matter underlined is new material. Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: SIGN Any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any business or persons when the same is placed in view of the general public. (1) AWNING SIGN Any sign or graphic attached to, painted on or applied to an awning, awning canopy or fuel canopy MENU BOARD SIGN A permanently mounted variable-message sign used to display items and prices for a drive-through facility. (2) FREESTANDING SIGN Any sign supported by structures or supports that are placed on, or anchored in, the ground, and that are independent from any building or any other structure. (3) MONUMENT SIGN Signage constructed on a monument base identifying the name of the business or retail center on the premises upon which the sign is placed. A sign face manufactured and constructed clearly to be a portable sign shall not be used in any form to be made into a permanent sign. (4) POLE SIGN Any freestanding sign in which the sign face is supported by a single post, pole or support, and the area between the sign face and the ground is not opaque or enclosed, so that the sign face support structure is visible. (5) OFF-PREMISES SIGN A sign unrelated to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located. (6) POST-AND-PANEL SIGN Any freestanding sign in which the sign face is supported by two poles, posts, or supports, generally located at or near either end of the sign face, and between which poles, posts, or supports the sign face is visible. (7) PROJECTING SIGN Any sign which projects from and is supported by a wall of a building with the display surface of the sign perpendicular to the building wall. Matter in strikethrough to be deleted. Matter underlined is new material. (8) WALL SIGN A sign attached to the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of said wall, not extending beyond the ends or over the top of the wall to which the sign is attached, nor more than nine inches from the face of the building or structure to which the sign is attached. Section 6. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 23RD DAY OF OCTOBER, 2024 ______________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Sr. Asst. Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: October 23, 2024 Sponsor: Balarin, on behalf of the Committee on Planning, Economic Development and Land Use ORDINANCE 65.111.24 TITLE AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIREMENTS FOR SIGNS GENERAL PURPOSE OF LEGISLATION This ordinance clarifies existing signage regulations in the USDO by removing ambiguities and providing clear methods for calculating sign area across different sign types. While maintaining essential standards, these revisions introduce measured flexibility to better address varying building sizes and street frontages, ensuring that signage is appropriately scaled without compromising the integrity of the city's zoning goals. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The sharp increase in area variance requests for signage—95 since 2021, with over 80% approved—points to challenges with the current regulations. The proposed changes aim to reduce the need for variances by addressing common difficulties and misconceptions in the code, creating a more balanced approach that upholds zoning objectives while responding to practical needs. FISCAL IMPACT None. Council Member Johnson introduced the following: ORDINANCE 66.111.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY BY CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 31 TRINITY PLACE FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED-USE NEIGHBORHOOD EDGE (MU-NE) AND AMENDING THE ZONING MAP ACCORDINGLY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to change the zoning classification of property known as No. 31 Trinity Place from Residential Townhouse (R-T) to Mixed-Use Neighborhood Edge (MU-NE), said property being more particularly described as follows: The parcel of land situated in the City of Albany, County of Albany and State of New York, identified on the tax map as follows: Section: 76.49 Block: 3 Lot: 44 Said premises, more commonly known as 31 Trinity Place, measuring approximately .18± acres. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 24TH DAY OF OCTOBER ________________________________ Corporation Counsel To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Sr. Asst. Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: October 24, 2024 Sponsor: Council Member Johnson ORDINANCE 66.111.24 TITLE AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) BY CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 31 TRINITY PLACE FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED-USE NEIGHBORHOOD EDGE (MU-NE) AND AMENDING THE ZONING MAP ACCORDINGLY GENERAL PURPOSE OF LEGISLATION This ordinance amends the zoning map of the City of Albany for the property located at 31 Trinity Place. The property is currently zoned R-T and this ordinance would change that classification to MU-NE. The purpose is to align the zoning of this parcel with that of the adjacent parcel which is also owned by Trinity Alliance. The changes proposed herein will also need to be referred to the County Planning Board under General Municipal Law § 239-M. NECESSITY FOR LEGISLATION AND CHANGES TO EXISITING LAW The site, formerly home to Trinity Church, is now an empty lot owned by Trinity Alliance. The zoning map amendment is necessary to allow for the future expansion and addition to the Trinity Alliance facility on the adjacent parcels. FISCAL IMPACTS None Council Members Keegan and Kimbrough introduced the following, which was approved: RESOLUTION 122.111.24R A RESOLUTION OF THE COMMON COUNCIL IN RECOGNITION OF NATIVE AMERICAN HERITAGE MONTH WHEREAS, November is officially designated as Native American Heritage Month; and WHEREAS, November 25, 2024 is designated as Native American Heritage Day; and WHEREAS, Native American Heritage Day was first championed by Reverend Red Fox James (Blackfoot Nation) and Dr. Arthur C. Parker (Seneca Nation) leading to the Congress of the American Indian Association under Reverend Sherman Coolidge (Arapahoe Nation) proclaiming that tribes would recognize the second Saturday in May as “American Indian Day”; and WHEREAS, New York State was the first state to formally recognize “American Indian Day” on May 13, 1916; and WHEREAS, “Native American Awareness Week” was first federally recognized in 1976; and WHEREAS, “Native American Heritage Month” was formally declared by the United States Congress in 1990; and WHEREAS, Native American Heritage Month is intended to celebrate Indigenous peoples past and present, honor Tribal sovereignty, promote Tribal self-determination, and uphold the United States’ treaty responsibilities to Tribal Nations; and WHEREAS, the United States formally recognizes 574 distinct Tribal Nations with individual states recognizing many additional Tribal Nations; and WHEREAS, Indigenous Americans have contributed to the formation of our democracy and political ideology; our food culture including the introduction of corn, potatoes, tomatoes, and cocoa, accounting for nearly 60% of the food eaten in the world today, our environmental and climate stewardship; the development of sign language; the use of cotton and rubber; and numerous aspects of our culture including sports, music, and art; and WHEREAS, the United States has never formally recognized its history of torture, terror, sexual abuse, massacres, systematic military occupations, removals of Indigenous peoples from their ancestral territories, forced removal of Native American children to military-like boarding schools, forced encampment of Indigenous peoples onto reservation lands, categorization of Indigenous peoples as a race rather than a national or ethnic group, forced sterilization, broken treaties, and systemic destruction of language and custom; and WHEREAS, despite this history, Native Americans have continued to promote American sovereignty through military and public service; and WHEREAS, the United Nations defines genocide as any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; forcibly transferring children of the group to another group; NOW THEREFORE BE IT RESOLVED, that the Albany Common Council recognizes that the United States engaged in acts of genocide against Indigenous peoples in North America throughout the course of its history as defined by the United Nations; and BE IT FURTHER RESOLVED, that the Albany Common Council recognizes that the United States must enforce upon itself its own Declaration on the Rights of Indigenous Peoples; and BE IT FURTHER RESOLVED, that the Albany Common Council recognizes that the City of Albany resides on lands once occupied by the Mohican Nation who were forced out of their lands and homes due to tribal conflict exacerbated by colonial influence known as the Beaver Wars; and BE IT FURTHER RESOLVED, that the Albany Common Council recognizes the need for truth and reconciliation with regard to our shared history of violence against Indigenous Americans; and BE IT FURTHER RESOLVED, that the Albany Common Council recognizes that the request to the Smithsonian made by the National Congress of American Indians to create a National American Indian Holocaust Museum has been ignored since 2013; BE IT FURTHER RESOLVED, that a copy of this resolution be sent to President Joseph R. Biden; Vice President Kamala D. Harris; Speaker of the House of Representatives Michael Johnson; Senate President Pro-Tempore Patricia Murray; Senate Majority Leader Charles E. Schumer; Senator Kirsten Gillibrand; Congressman Paul D. Tonko; State Senator Neil D. Breslin, State Assemblymember Patricia A. Fahy; State Assemblymember John T. McDonald; Secretary of the Smithsonian Lonnie G. Bunch, III; and President of the National Congress of American Indians Fawn Sharp. TO: Shaniqua Jackson, City Clerk FROM: Meghan Keegan, Council Member, 9th Ward RE: Common Council Legislation Supporting Memorandum DATE: October 25, 2024 SPONSOR Council Member Keegan RESOLUTION 122.111.24R TITLE A RESOLUTION OF THE COMMON COUNCIL IN RECONGNITION OF NATIVE AMERICAN HERITAGE MONTH GENERAL PURPOSE OF LEGISLATION To officially express the intention of the Common Council. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW N/A FISCAL IMPACT None. Council Member Frederick on behalf of the Committee on Finance, Assessment, and Taxation introduced the following: RESOLUTION 123.111.24R A RESOLUTION OF THE COMMON COUNCIL OUTLINING ITS ACTIONS AND EXPRESSING ITS FINDINGS AND INTENT CONCERNING THE CITY OF ALBANY 2025 BUDGET AS PROPOSED IN ORDINANCE 28.101.24 WHEREAS, on October 1, 2024, the Common Council received the Mayor’s proposed budget for the City of Albany for the fiscal year 2025 and the accompanying Mayor’s budget message; and WHEREAS, after receipt of such budget, the Finance, Taxation and Assessment Committee and the full Common Council engaged in an extensive review of the proposed budget, which included over twelve meetings, discussions with ten Department heads, two public hearings, and requests for additional information; and WHEREAS, the Common Council has identified several areas of concern, needed amendments, and items requiring further action; NOW, THEREFORE, BE IT RESOLVED that the Common Council adopts the following statement outlining its findings, intent, and recommendations for future action concerning the Proposed City of Albany Budget for Fiscal Year 2025: Proposed 2025 City of Albany Budget Statement of Common Council Actions, Findings, Intent, and Recommendations To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Legislative Director Re: Supporting Memorandum Date: October 25, 2024 Sponsor: Council Member Frederick, on behalf of the Committee of Finance, Assessment and Taxation RESOLUTION 123.111.24R TITLE RESOLUTION OF THE COMMON COUNCIL OUTLINING ITS ACTIONS AND EXPRESSING ITS FINDINGS AND INTENT CONCERNING THE CITY OF ALBANY 2023 BUDGET AS PROPOSED IN ORDINANCE 28.101.24 GENERAL PURPOSE OF LEGISLATION To adopt an explanatory resolution to be read in conjunction with the actions of the Common Council concerning the budget. FISCAL IMPACT None. COMMON COUNCIL OF THE CITY OF ALBANY ACTIVE LEGISLATION PREVIOUSLY INTRODUCED LEGISLATION NOW UNDER CONSIDERATION NOVEMBER 4, 2024 ORDINANCES 27.91.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE AFFORDABLE HOUSING INCENTIVE 28.101.24 AN ORDINANCE ADOPTING THE CITY OF ALBANY BUDGET FOR FISCAL YEAR 2025 AS PRESENTED BY THE MAYOR ON OCTOBER 1, 2024 RESOLUTIONS 82.81.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL Matters in strikethrough to be deleted. Matter underlined is new material Council Member Anane introduced the following: ORDINANCE 27.91.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE AFFORDABLE HOUSING INCENTIVE The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subsection 5 (Incentives and affordable housing requirements) of Section 375-401 (Dimensional standards) of Article IV (Development Standards) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is amended to read as follows: (5) Incentives and affordable housing requirements. The following incentives apply to new development and redevelopment in the R-M residential, mixed-use, and special purpose zoning districts. Inclusion of the following types of building or site features will enable the applicant to vary the dimensional standards otherwise applicable to the project as described in this § 375-401(5). Only one of these incentives may be used on a single lot or parcel. (a) Energy efficient development. New development of a principal building that is registered, designed, and documented for a LEED Platinum or LEED Gold certification, or equivalent as determined by the Chief Planning Official, shall receive the following benefits. (i) The project may increase the maximum impervious lot coverage by 20%; and (ii) The project may increase the maximum height of any principal building (or part of a principal building) located more than 100 feet from a residential zoning district other than the R-M District by one story. (b) Affordable housing incentive. New residential or mixed-use development of a site in which at least 20% of all new dwelling units are rent or deed restricted so that they are affordable to households earning no more than 80% of the area median household income for the City of Albany shall receive the following benefits: (i) The minimum number of off-street parking required by § 375-405 shall be reduced by 2100%; and (ii) The project may increase the maximum height of any principal building (or part of a principal building) located more than 100 feet from a residential Matters in strikethrough to be deleted. Matter underlined is new material zoning district other than the R-M District by one story and subsequently increase the maximum number of allowed dwelling units by one. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 22ND DAY OF AUGUST, 2024 ________________________________ Corporation Counsel Matters in strikethrough to be deleted. Matter underlined is new material To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Senior Legislative Aide Re: Common Council Legislation Supporting Memorandum Date: August 22, 2024 Sponsor: Council Member Anane ORDINANCE 27.91.24 TITLE AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCREASING THE AFFORDABLE HOUSING INCENTIVE GENERAL PURPOSE OF LEGISLATION This ordinance seeks to increase the number of potential beneficiaries of the USDO's affordable housing incentive by removing certain restrictions to its use and reducing the number of required off-street parking. This would allow smaller-scale developers to provide smaller scale affordable housing in a greater number of areas in the city, promoting inclusive housing. NECESSITY FOR LEGISLATION AND CHANGE TO EXISITING LAW In order to effect a change to the USDO, an ordinance would be required alongside all requisite reviews and public hearings. FISCAL IMPACT None. (Revised 10/25/24) Council Member Frederick, on behalf of the Committee on Finance, Assessment and Taxation, introduced the following: ORDINANCE 28.101.24 AN ORDINANCE ADOPTING THE CITY OF ALBANY BUDGET FOR FISCAL YEAR 2025 AS PRESENTED BY THE MAYOR ON OCTOBER 1, 2024 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The 2025 City Budget as proposed by the Mayor on October 1, 2024 is hereby adopted as the Budget of the City of Albany for fiscal year 2025. Section 2. It is hereby ordered and directed that the sums set forth therein as expenditures are hereby appropriated in the amounts and for the several departments, offices and purposes specified therein under the following general categories of expenditure: Personal Services (Code 10); Equipment (Code 20); Contractual Expenditures (Code 40); Debt Principal (Code 60); Debt Interest (Code 70); Employee Benefits (Code 80); Inter-fund Transfers (Code 90); and Capital Projects. Section 3. It is further hereby ordered and directed that the positions set forth therein are hereby authorized, created, and/or continued. The number appearing on the line items of each position shall be the number of positions under such title. Salary grades as proposed by Mayor are hereby adopted and incorporated. Section 4. It is further hereby directed that, notwithstanding any provision of local law to the contrary, the City Treasurer may authorize the temporary use of US Treasury Local Fiscal Recovery Funds on account with the City which are not immediately required for the purpose or purposes for which they have been authorized. Such funds shall be made again available to the City in accordance with applicable provisions New York State General Municipal and Local Finance Law, and City Code. Section 5. It is further hereby ordered and directed that the sums set forth in the budget as presented by the Mayor on October 1, 2024 as revenues and moneys necessary to be raised by tax in addition thereto, to pay the expenses of conducting the business of the City, shall be and are hereby applicable in the amounts specified for the purpose of meeting said appropriations. Section 6. The ordinance shall take effect immediately. APPROVED AS TO FORM THIS 27TH DAY OF SEPTEMBER, 2024 ___________________________ Corporation Counsel Matters in strikethrough to be deleted. Matter underlined is new material To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: September 27, 2024 Sponsor: Council Member Frederick o/b/o Finance Committee ORDINANCE 28.101.24 TITLE AN ORDINANCE ADOPTING THE CITY OF ALBANY BUDGET FOR FISCAL YEAR 2025 AS PRESENTED BY THE MAYOR ON OCTOBER 1, 2024 GENERAL PURPOSE OF LEGISLATION To adopt the budget for the City for the 2025 fiscal year. NECESSITY FOR LEGISLATIONA ND ANY CHANGE TO EXISTING LAW Under the City Charter, the Common Council must adopt the budget, with or without amendments, on or before November 30. FISCAL IMPACTS This ordinance approves the City budget for 2025. Matters in strikethrough to be deleted. Matter underlined is new material Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: RESOLUTION 82.81.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL WHEREAS, section 604 (D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total, occurring after the adoption of the annual budget, requires the approval of the Common Council; and WHEREAS, the New York State Public Employment Relations Board has ordered the City to create two (2) Equipment Operator III positions pursuant to the provisions of Section 6.3.4 of the collective bargaining agreement between the City and the Albany Blue Collar Workers Union (AFSCME); and WHEREAS, the Department of General Services has requested such change in its authorized positons included in the 2024 City Budget; and WHEREAS, in furtherance of these requests, the Budget Director has requested that the amendments reflected in the subsequent chart to the authorized positions of the Department General Services be made; Action Title Budget Line Grade Range Create Equipment Operator III A.1492.Positions B.9 56,930 Create Equipment Operator III A.1492.Positions B.9 56,930 Delete Equipment Operator II A.1492.Positions B.7 48,942 Delete Equipment Operator II A.1492.Positions B.7 48,942 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the above-described transfer of budgeted funds affecting a salary rate or salary total in order to effectuate the change in the Department of General Services staffing for 2024. Matters in strikethrough to be deleted. Matter underlined is new material To: Shaniqua Jackson, Acting City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: July 18, 2024 Sponsor: Council Member Frederick on behalf of the Finance Committee RESOLUTION 82.81.24R TITLE A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL GENERAL PURPOSE OF LEGISLATION The purpose of the legislation is to make changes required in order to effectuate a change in the staffing of the Department of General Services to comply with an order of the NYS Public Employment Relations Board. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Pursuant to section 604 (D)(b) of the City Charter “any transfer of budgeted funds that affects any salary rate or salary total” requires the approval of the Common Council. FISCAL IMPACT None. Sufficient salary appropriations for these staffing changes were included in the 2024 Adopted Budget. Matters in strikethrough to be deleted. Matter underlined is new material