2026-09-28 - Common Council Study Session

01:59Mhm.

03:53>> No.

05:09>> My sister said

05:10>> I can hear you.

05:11That's all right.

05:20>> It is 12:00. We're going to start our

05:23study session.

05:25Thank you everybody for joining us.

05:28Uh

05:29we will Did we already have this

05:32second one this today?

05:35Okay, we will have a hearing today

05:37at 1:00 p.m.

05:40uh regarding item number 40.

05:43Uh Council Cutwell.

05:45>> Thank you, Madam President. Lessons to

05:46our today.

05:48Item [clears throat] A is ready as well

05:50as item C.

05:52We got the letter ready.

05:58Well, we're holding it again. Well,

06:02Well, item A will be held unless he

06:04sends a letter.

06:05Well,

06:14I'm holding that item. Okay.

06:16So, until we get a letter, right? Okay.

06:19Wow.

06:20Got you.

06:23Okay. Yeah, wow.

06:26And item 10, we don't have And Katie, do

06:29we have any resolutions or

06:32No. Okay, that will be withdrawn.

06:36And Counselor Cabral.

06:40So, so

06:41Always the same. Yeah.

06:43All right.

06:44Uh Counselor

06:45Montefur

06:46Yes, for now unless we get the letter.

06:50And Counselor Montefur Counselor Mejok.

06:53>> Thank you, President Paniagua. Counselor

06:54Mejok has items 12 through 23, and those

06:57are all ready unless there are

06:58questions.

07:02>> Okay.

07:06Counselor Aaron Beck.

07:09>> Thank you, Madam President. I have items

07:1224 through 29. All are ready unless

07:15there are questions.

07:18>> Okay. Uh thank you. Counselor Moore.

07:22>> Thank you, Madam President. I have items

07:2330 through 33, and they are all ready to

07:26go.

07:27>> Thank you. Counselor Williams.

07:32>> Thank you, Madam President. I have items

07:3334

07:36>> Is there anything going on?

07:37>> Moore, you have one that's going to be

07:38withdrawn, remember? I do?

07:40>> 30?

07:41>> I'm sorry.

07:42>> Al.

07:43>> So, we're withdrawing

07:45>> Yeah.

07:46>> She's probably looking at her.

07:48>> Sorry, Coral.

07:50>> Are you okay with that?

07:52>> I get

07:54>> Number 30

07:55>> the grant application?

07:56>> know.

07:57Yeah, it's

07:57going to be withdrawn from the

08:00got a message from the chief that it

08:01will be withdrawn. Withdrawn.

08:02>> Oh, sorry. I didn't see it. Okay, thank

08:04you.

08:04>> All right, thank you.

08:05>> Goodbye.

08:08>> All right, so back to the Council

08:10Williams.

08:11>> Thank you, Madam President. Items 34

08:12through 38 um

08:14are we Joe, are we all set with

08:17all these for executive session we

08:19discussed

08:21on Wednesday. Okay, everybody on the

08:23council all right?

08:24Perfect. All right, thank you, Madam

08:26President for already

08:27>> Okay.

08:28>> We didn't already discuss these in

08:29executive session?

08:30>> Yes, we did.

08:31>> On Wednesday.

08:32>> Yeah, right. Okay.

08:33>> Yes, correct.

08:35>> We're there.

08:35>> Yep.

08:36>> Okay, Council Montel.

08:38>> Thank you, Madam President. I have items

08:40>> items

08:41>> 39 through 46. Uh if anybody has any

08:44questions for any of them.

08:46>> I do.

08:47I have a question on 46. I don't know

08:49who can answer it for me because I'm

08:52looking at this.

08:54Is there anybody?

08:56>> Wait, she's here. Yeah.

08:57>> 36

08:58>> 46

09:02>> Good morning, Commissioner.

09:03>> Good morning, Counselor.

09:05>> I'm just curious to know, right?

09:07On 46, this is a bar.

09:10>> 46?

09:11>> Yeah.

09:11>> Yeah, I I I just

09:13>> It's a bar.

09:14>> Mhm.

09:14>> 648 minute

09:16>> If Yeah. So, if the state vetted this

09:18bar and the city vetted this bar, I'm

09:22trying to understand why is it coming

09:23back to us as a council to approve it?

09:28>> So, I will um a good question. I don't

09:31have a good answer for you at the

09:33moment, but I will have one for you

09:34before 1:00.

09:35>> think that for me to drop that in our

09:38lap, I really don't think that's

09:40appropriate.

09:41>> Uh my understanding is that what all

09:43they're looking for is a special

09:46They were looking for the special use

09:47permit, which is

09:49uh only grantable by the council, but I

09:51will I will confirm.

09:53>> Councilor Hudson, do you want to have a

09:54maybe we'll have a committee meeting and

09:56>> I I think so because I'm looking at

09:57these bars and if they're vetted by the

09:59state and the city, I don't think it's

10:01very fair to put this in the lap of the

10:03council to approve a bar.

10:05>> I think we have some internal confusion

10:06that we want to sort out. So we'll have

10:08a committee meeting.

10:10>> Yeah, sounds good.

10:11This would be following zoning code and

10:13very happy to talk about that later.

10:15Councilor

10:15>> Councilor Hudson

10:17>> So I did speak with

10:18with Mr. Johnson last week and he asked

10:21for help. I just talked to him briefly.

10:23I said

10:25it's coming for the common council

10:27today.

10:28Uh

10:29You should I recommended you should be

10:31here and vote.

10:34I know he's renovating he he has a group

10:37that he is renovating old buildings now.

10:40Uh I'm sorry he's not here.

10:41>> And I and I hear that Marty, but I'm I'm

10:43going back old school.

10:45>> Oh yes, I get you. I get you.

10:47>> had to approve bars before. So now we're

10:49approving bars on our agenda. I'm just

10:52not comfortable with that.

10:53>> The resolution did mention that indeed

10:56the liquor license

10:58the operation but

10:59Jimmy and I have been talking a lot

11:01about this and he did say that he was

11:02going to have a committee a meeting or

11:04something about

11:05>> Yeah, we'll hold this one.

11:07>> Well, I I feel on that and also with

11:10with Bobby personally is having another

11:12smoke shop on North Salina Street and I

11:15mean personally I don't know how many

11:16more

11:17I mean it's legal, how many more we're

11:20going to have, but I wish some of these

11:22companies, these businesses who are

11:24making a lot of money would start giving

11:26back their money's to the Assumption

11:29Food Pantry or the Blessing Box or the

11:32Samaritan center, and look outside the

11:34street and see people are hurting.

11:36They're on the street, they don't have

11:37work, they're dealing with drugs, health

11:40issues, as well.

11:41>> 49, as well. That's a bio, too. We're

11:44not there yet.

11:45>> I Oh, I'm sorry, but it's a bio.

11:48>> [laughter]

11:49>> So, I'm I'm

11:52If Yeah, if the If the use is something

11:55that requires a special use permit,

11:58the only the only body that can

12:00authorize that would is the council.

12:02So, if

12:03>> No, you're going to have a committee

12:03meeting, right?

12:04>> Yeah. Okay.

12:05>> Okay. But, I If I may just want to say

12:07about 45. I hope what I'm saying

12:11the powers to be here that's Thank you.

12:14>> Okay, are we all set with

12:16>> And then I have two agenda item waiver

12:18items.

12:18>> Wait, hold on. Hold on. Hold on. Are you

12:19Are you done, Jamie?

12:20>> Yes, let me just make sure I'm clear on

12:21that. So, 39 through 46

12:24are ready with a question mark around

12:2646. I might hold that one.

12:28Um

12:30>> But, we're going to have a committee

12:30meeting, either way.

12:31>> Okay.

12:32So, moving on. Uh Council Aaron Brock.

12:35>> Thank you, Madam President. I have items

12:3647 and 48 on the waiver agenda.

12:39Um and I They are ready, unless people

12:42have questions.

12:44>> Yes,

12:44uh maybe the issue come up and talk

12:46about it, because it's a new item on the

12:48agenda.

12:49>> Yep, you're here. Go ahead.

12:52>> Good afternoon, Council. Steve Harris,

12:54City Arborist, Parks Department.

12:57Here to answer any questions you have

12:59about our proposed changes to the tree

13:02ordinance, chapter 22.

13:07>> So, Steve, I've got a question. It might

13:08not be directed to you, but I know that

13:11you and I have spoken a number of times

13:13of

13:14the the volume of trees that have come

13:16down on the east side. And I appreciate

13:19what you're presenting here. You're

13:20presenting, you know, standards manual

13:22for for tree design, tree planting. Um

13:25again, might not be for you, but do we

13:27have a corresponding standards manual

13:30for

13:31sidewalks, for

13:34curb cuts, for corner construction, for

13:37curbs, for all of

13:39the infrastructure components that lead

13:42to conflicts with our urban canopy?

13:48>> Uh, certainly there are a whole host of

13:50standards that are guided like state

13:52standards that they're adhering to.

13:55Um, I want to say one thing before I

13:58answer that. Um, of course, this

14:00ordinance is about how we're regulating

14:03the right-of-way with the general

14:04public.

14:05Um, and how we work together internally

14:08within the city, those would be standard

14:09operating procedures.

14:11This doesn't address that. This is if a

14:13developer is putting in a project or

14:16somebody is going to do something.

14:18Obviously, that's on our mind right now,

14:20more more now than ever before, and we

14:23intend on addressing that and looking at

14:26the different standards that we all have

14:28and how they can work together.

14:30>> Every time I I hear

14:32governed by New York State, I think

14:34about that as the minimal acceptable

14:36standard. And, you know, I think that as

14:39a city, we should potentially go above

14:41and beyond the state standard in terms

14:44of you know, what we expect of our

14:47infrastructure and public works

14:49projects. And I I think that you know,

14:51that's some related bear that we really

14:53need to think about the connection

14:54between our

14:55our DPW and our infrastructure projects

14:59as they relate to

15:01the trees in our community.

15:04>> Sure. They the DPW is

15:08trying to go over and above when it

15:10comes to upgrading their infrastructure.

15:12Um, that's where some of our challenges

15:15with trees occur and

15:17we're committed to working through that

15:20and figuring out a way for it to work.

15:22>> Thank you, Steve.

15:24>> Any other questions?

15:27>> Thank you.

15:27>> Thank you.

15:28>> I counselor Montel.

15:30>> Thank you, President Santiago. I have

15:31item 49 on the waiver.

15:33Jake,

15:35you want to tell you want to tell us

15:35about 49 on the waiver?

15:42>> [clears throat]

15:45>> Thank you, counselor. Uh Jake Dishaw,

15:46deputy commissioner of code enforcement

15:48and zoning. Item 49 is a special use

15:50permit

15:52uh for a wine bar at 711 South Beach

15:54Street. Uh one person spoke in favor and

15:57one emailed in opposition um at the

16:00planning board meeting with the city

16:02planning commission.

16:03Um

16:04this is

16:06um

16:07typical for these sorts of uses in MX

16:09zone districts. They require a special

16:11special use approval.

16:13>> Is that is am I correct when I'm looking

16:15at it? Is that a blue that blue house?

16:18They're changing a house into a wine

16:20>> No.

16:21It's the It's the little red garage that

16:23is

16:25next to it. I think you're one over.

16:29>> It's not the same.

16:31And this already went through the um

16:33like uh

16:35BZA or CPC?

16:37>> Yes.

16:38>> Um what what was was there any address

16:40for like uh parking at all?

16:43>> Um

16:45yeah, they meet the parking minimums per

16:47the zoning code. So,

16:49um

16:50>> So, they meet it?

16:50>> Yes, they do. Yep.

16:56>> So, is this right in the middle of a

16:57neighborhood?

16:59>> It's just off Westcott Street um

17:03>> [clears throat]

17:03>> on

17:05yeah, on Beach near Dallas.

17:08>> at the map and it looks like it's all

17:09houses there. That's why I'm asking.

17:11>> Yeah, but it's

17:12>> It's a garage.

17:14What?

17:15It is it's not showing I that in a

17:17house.

17:18>> Yes, that's correct.

17:20It's It's zoned probably for this type

17:24of use.

17:25Yeah, it's on Go ahead.

17:27>> So, it's it's physically on Dell.

17:29>> Yeah.

17:30>> Yes.

17:31>> address would dovetail to the front of

17:33the door of the house, which is on Beach

17:35Street.

17:35>> That's correct.

17:36>> That's correct. And then it is a

17:37separate property from the house on

17:39Beach Street?

17:40>> It is not.

17:41>> It is not. Okay.

17:43>> It is not, sorry.

17:44>> It is not.

17:47>> [clears throat]

17:47>> So, is there a potential for expansion

17:49into the house on Beach Street?

17:50>> The house is is occupied. It's a

17:52two-family structure.

17:53>> So, it's residential. Okay. So, they

17:55would have to apply for additional

17:56variance if they wanted to do a wine bar

17:59in the house.

18:01>> So,

18:02the the wine bar is proposed just on the

18:04first floor of the rear garage

18:06structure, which also has a residential

18:08unit above it. Separately, on the same

18:11property, the house structure facing

18:14Beach has two units in it. It's a

18:17a two-unit flat.

18:18>> Is this a tenant or the owner of the

18:20property?

18:23>> Sorry, what's the question?

18:23>> Who's going to be doing that the bar on

18:26the property? Is it the owner?

18:29Is it the owner or the tenant?

18:31>> We do not have information for a tenant

18:33at this time.

18:34>> Right, because that's right next to the

18:36tenants. Tenants.

18:39>> I have a concern not about the

18:40>> Wait, wait, wait, wait. I I want to So,

18:42is it the owner or Who's doing this?

18:44>> Uh the

18:46the owner. We I don't we the planner

18:48we didn't we asked for a tenant and they

18:50said we don't have any tenant

18:51information at this time.

18:55>> Okay.

18:57So, we don't know.

19:00Do you have any other questions?

19:01>> We can discuss it in um

19:03>> I just didn't understand why it was

19:04rushed to put on a special um waiver,

19:07and we haven't really discussed it.

19:12>> Right,

19:12>> right, letter didn't get to the clerk

19:14with the other pile from the planning

19:16commission.

19:16>> That's my town the waiver.

19:17>> Yeah, but it needs to be disclosed.

19:20>> So, just just to go through it. They

19:22they meet the criteria for special use

19:24permit approval. It's zoned properly.

19:27Um happy to answer any questions, but

19:28this is pretty standard submittal

19:31um when considering land use.

19:35>> What's the hours of operation?

19:38>> Um I I'll have to look on that. Um

19:42sorry, I don't have it in front of me.

19:44>> So, you we won't have a bar in the

19:45middle of our neighborhood.

19:48>> This isn't my application. I'm just

19:49telling you it meets the zoning code and

19:51it's not in the middle of the

19:52neighborhood.

19:52>> It's it's commercial.

19:53>> It's really close from Rise and Shine

19:55Diner.

19:56>> It's on the back side.

19:57>> It's on the back side of the

19:59>> It's on the back side of the

20:00>> Okay, but we just still have to make

20:02sure that that neighborhood cuz there is

20:03still the church that's in there.

20:06Block down is Head Start and there is

20:09still some homeowners

20:10>> that live in that neighborhood.

20:11>> really up to y'all because I think I can

20:13grant the liquor license and everything.

20:14>> Yeah, but the liquor license is a

20:16>> requirement of the of the resolution

20:20of the planning commission. It's it's a

20:22requirement, so

20:24I don't know whether they have a

20:26liquor license or not.

20:27>> So, why is it even on our agenda if we

20:32I mean, we don't have no say.

20:33>> This goes back to Hidden's question.

20:34>> This should be public.

20:35>> Yeah, we still need people need to know

20:38and we need to look at how stuff got

20:40stuffed in the reason.

20:41>> Right.

20:42Okay, we'll have a community meeting for

20:44about that.

20:44>> Community meeting? Okay. I just want to

20:46say that my my um

20:48my concern about businesses on the Dell

20:50Street South Beach Street corridor is

20:53the fact that the

20:55parking is even odd on both sides of the

20:58street and that street really should be

21:00DPW, whatever, we should consider

21:03changing that to [clears throat] one-way

21:05parking one or not one-way not one way

21:07driving.

21:08One side parking only to prevent

21:11congestion. That is a very narrow street

21:13and having people on both sides makes it

21:16even worse.

21:17>> Yes. I agree.

21:17>> So, and it and it compromises pedestrian

21:20safety as well because people are

21:21crossing that street at various points

21:22and you can't see if people are parked

21:24on both sides.

21:25>> And so, you know

21:26>> Can we bring that into discussion with

21:28the committee meeting?

21:29>> This is within my district and I am

21:31supportive of the project. However, I I

21:33do hear nearly daily about congestion

21:36and double parking on Dell Street and so

21:39I think that there is an enforcement

21:40component. Um, you know, on behalf of of

21:43SPD, but also I believe that there are

21:46potential other structural

21:48fixes that could be employed to help

21:50mitigate the situation.

21:52>> Okay. And we should know what I mean,

21:53we're going to move it forward sitting

21:55in what you said. Um

21:57Also, I think is that we should know the

21:59hours of operation of things if we're

22:01going to really We don't know We're

22:03This is coming at us and we don't know

22:05enough about what we're voting for. And

22:07if we don't have no say, why are we even

22:09voting anyways?

22:10>> Yeah. We know.

22:12>> That's why we're having a committee

22:13meeting.

22:13>> Yes.

22:14>> Yeah.

22:15>> So.

22:15>> Thank you.

22:16>> So, thank you.

22:17All right. Um

22:19So, we're going to motion to go into

22:20executive session for legal advice on

22:22item 41.

22:24>> So moved.

22:25>> All in favor?

22:26>> Yes.

22:27>> I.

22:33>> We've seen this today.

22:35>> Huh?

22:35>> We've seen this today.