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HomeMy WebLinkAbout08-0730ssCOMMON COUNCIL CITY HALL — BUFFALO SPECIAL SESSION Wednesday, July 30, 2008 at 2 :00 P.M. PRESENT. David A. Franczyk President of the Council, and Council Members Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell, Stith - 9. ABSENT'None. *AY* N.Q WLSSELL 1i July 29, 2008 Mr, Gerald A. Chwalinski City Clerk? . 1308 City Hall Buffalo, New York'` Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Dive Councilmenibers, dated July 22, 2008 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City .Hall, Buffalo, New York, on July 30, 2008 at 2:00 P.M. for the following puposes: To receive and take appropriate action on: All Items Relating To 1.) local haw Intro. #5 Areas of Special blood Hazard 2.) Renovations Cazenovia Resource Center 3.) Used Car Dealer- 1180 Abbott Rd 4.) Various Change Order items Public Works 5.) 444 Woodlawn 6.) Ordinance Amendment Ch. 437 `taxicabs, Liveries, Sightseeing Buses 7.) SIQR Lead Agency Rock Harbor Commons 8.) Stillwater 481 -487 Delaware Ave Yours very truly, David A..lira.nezyk President of the Council July 29, 2008 I Ion. David A. 1=ranczyk President Common Council 1315 City flail Buffalo, New York Dear Sir: WE", the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive; and take appropriate action on All items Relating To 1.) Local Law Intro. #S Areas of Special Flood. hazard 2.) Renovations Cazenovia Resource Center 3.) Used Car Dealer- 1180 Abbott Rd 4.) Various Change Order items Public Works 5.) 444 Woodlawn 6.) Ordinance Amendment Ch. 437 Taxicabs, Liveries, Sightseeing Buses 7.) SEAR Lead Agency Rock Harbor Commons 8.) Stillwater 481 -487 Delaware Ave We request that this Special Meeting; be held on July 30, 2008 at 2:00 P.M. . i Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS JOSI I'I -I GOL,OMBI:.K MICIIAEL LOCURTO BONNIE E. RUSSELL RICHARD FON`I'ANA MICHAEL, KEARNS DAVID A. RIVERA DEMONS SMITH hereby states that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on July 30, 2008 at 2:00 PM STA`I'L; OF NI W YORK COUNTY OF ERIE) ss: CITY OF BUFFAI,O) appeared On this 29th day of July 2008, before me, the subscribers, personally To me known to be the sane persons described in and who executed the foregoing instrument, and they duly and severally acknowledged tome that they executed the same. Commissioner of Deeds, in and for the City of Buffalo, .N.Y. My Commission expires 12/31 /08 On GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics WI LMER OLIVENCIA, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics Registrar of Vital Statistics July 29, 2008 [O FFICE OF THE CI TY C LERK f 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 TO EACH MEMBER OF THE COMMON COUNCIL: YOiJ ARF', NO'T'IFIED that, pursuant to Section 3.9 of the Charter of the City ol'Buffalo, upon the written request of Five Councilmembers, dated July 22, 2008, DAVID A. FRANC7..YK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on July 30, 2008 at 2:00 P.M. for the following purpose: To receive and take appropriate action on all items relating to All Items Relating To 1.) Local Law Intro. #5 Areas of Special Flood ITazard 2.) Renovations Carenovia Resource Center 3.) Used Car Dealer- 1180 Abbott Rd 4.) Various Change Order items Public Works 5.) 444 Woodlawn b.) Ordinance Amendment Ch. 437 Taxicabs, Liveries, Sightseeing Buses 7.) SEQR Lead Agency Rock Harbor Commons 8.) Stillwater 481 -487 Delaware Ave Yours very truly, ._ �v Gerald A. C Iwa mski City Clerk No. 2 LL Intro 5 Areas of Special Flood Dist ccp# 1.56, 7/22/2008 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Kearns a n + O s r .r ._. Mr. Fontana now moved to table said item. LAID ON THE TAISLe., By: Messrs. Fontana and Kearns City of Buffalo Local Law No. (2008) Introductory No. (2008) 7 P fp A LOCAL LAW amending the Charter of the City of Buffalo in relation to areas of special flood hazard within the jurisdiction of the City of Buffalo, Erie County. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 31 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: 31 -3. General Provisions, 3.1 Lands to which this Local Law Applies This local law shall apply to all areas of special flood hazard within the jurisdiction of the City of Buffalo Erie County 3.2 Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard for the City of Buffalo Community Number 360230 are identified and defined on the following documents prepared by the Federal Emergency Management Agency: (1) Flood Insurance Rate Map (multiple panels) [Index No. 360230] 0001 -0020, whose effective date is August 23, 1999[.], (2) A scientific and engineering report entitled "Flood Insurance Study, Cif of Buffalo, New York, Erie County[,]" dated August 23, 1999[. The above documents are hereby adopted and declared to be a part of this Local Law. The Flood Insurance Study and /or maps are on file at: The Department of Public Works, Parks and Streets, Division of Engineering, 65 Niagara Square, Room 605, Buffalo, New York.] containing information pertaining the panels identified above, } Flood Insurance Rate Ma Panels for Erie Count Numbers: 36029CO326G 36029CO327G 36029CO331G 36029CO333G whose effective date is September 26 200$ and any subse uent revisions to these ma anels that do not affect areas under our community's jurisdiction and A scientific and report entitled "Flood Insurance Study, Erie County, New York All Jurisdictions" dated September 26 2008. �i The above documents are hereb ado ted and declared to be a part of this Local Law. The Flood Insurance Stud and /or maps are on file at: The Department of Public Works Parks and Streets Division of Engineering, 65 Niagara Square, Room 605 Buffalo New York. 33 Interpretation and Conflict with Other Laws This Local Law includes all revisions to the National Flood Insurance Program through [November 1, 19891 0etober 27, 1997 and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. 3.4 The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof. Section 2: Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3: This local law shall take effect immediately. NOTE: Matter underlined is new, matter in brackets is to be deleted. Local Law Intro, No. 5 (2008) — Special Flood Hazard (Item No. 156, C.C.P., July 22, 2008) That the above item be, and the same hereby is taken from the table. moved: That the Local Law Intro. No. 5 (2008) -- Special Flood Hazard as contained in Item. No. 156, C.C.P., July 22, 2008, be and the same hereby is approved. TAB:rmv TAwp 601cnswordVinv\ 1 560 -22c. doc City Clerk's Department BUFFALO July 31, 2008 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, 1 present herewith the attached resolution item. No. 3 Renovations Cazenovia Resource Center Gerald A Chwalinski City Clerk AG - 1 PASSED July 30, 2008 tt t- #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 30, 2008 FROM: DEPARTMENT: Public Works, Parks & Streets DIVTSTON: Engineering SUBJECT: [: Report of Bids [: Cazenovia Branch Library [; Basement - Partial Construction [: Job #0818 [: South District PRIOR COUNCIL REFERENCE: (IF ANY)[: T advertised for on June 3, 2008 and received the following formal sealed bids for the Cazenovia Branch Library, Basement -- Partial. Reconstruction, which were publicly opened and read on June 11, 2008. Miller Enterprises 12 Newfield, Buffalo, NY Hadala Construction 325 Grote, Bufalo, NY C.H. Byron Co., Inc. 465 Creekside, Amherst, NY C. Nichter 30 Wildwood, Lancaster, NY Base Bid Alt # Alt # $19,400 $ 5,700 $2,100 $29,800 $ 8,600 $3,000 $32,000 $ 4,200 $3,000 $37,500 $12,300 $4,000 Alt #3 $6,200 $9,630 $9,000 $5,700 Alt #1 - Repair wood windows (all around basement) as required to make operable. 14 windows total. Remove and repair all damaged or missing pieces, replace in kind. Alt #2 - Install new vinyl composition the in stair hallway and into existing toilet passageways. Alt #3 - Install new vinyl composition tile in Computer Lab. Trim moving partitions as required. I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, Inc. with a Base Bid of $19,400.00, add Alt #1 for $5,700.00, add Alt #2 for $2,100.00, add Alt #3 for $6,200.00 for a total bid of Thirty -Three Thousand Four .Hundred and 00/100 Dollars ($33,400.00) is the lowest responsible biddr in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in Account No. 30320606 - 445100, Buildings. Department Head Name: Steven J. Stepniak Title: Commissioner of Public Works, ,,)?As &,fit ets y msµ SIGNATURE OF DEPARTMENT HEAD: y SJS /PJM /DAH /dlg:cam cc: Peter J. Merlo, P.E., City Engineer Contract Compliance Office Sanra Harvey, Buildings (cc073008.doc) 6 � � 8 � e S i kit Im8 4.i s...e d City Clerk's Department BUFFALO July 31, 2008 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 4 Used Car Dealer -1180 Abbott Rd .PASSED July 30, 2008 Gerald A Chwalinski City Clerk #I (Rev. 1193) Single .Pane Communication to the Common Council To: The Common Council: Date: July 25, 2008 q From: De artment of Economic Development Permit & Inspection Services Division.: Type in Upper and Lower Case Only f Office of Licenses Subject: [: Used Car Dealer [: 1180 Abbott (South) Prior Council Reference: (If Any) {: Ext. (I tem No. xxx, C.C.P, xx/xx/xx Text ( Type Singl Space Below): Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1180 Abbott and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Charles Basil.. The attached thereto for Charles Basil dba/ Basil Resale South Inc. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER Signature of Department Head: JC:PS:iad Interdepartmental Memo Date: July 25, 2005 To. James Comerford, Deputy Commissioner From. Patrick Sole Jr., Supervisor of Licenses RE: Common Council Communication Used Car Dealer at 1180 Abbott. Per Ci y of Buffalo Ordinance Chapter 254, the following is a check list of requirements fora ed Car Dealer application to the Common Council: F ning Office e Prevention ilding Inspection lice Department lice Record Check plication CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 ?' INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: BASIL, RESALE: SOUTH INC. LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICA'T'ION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: . I ISO ABBOTT (716) 893 -1000 s0 15 CHARLES BASIL (716) 652 -1542 549292 01/28/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DATE: 7 -s / DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. APPS102 -pi CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: BASIL RESALE SOUTH INC. LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME,: APPL. PHONE: APPLICATION NUMBER: REFERRAL BATE: REMARKS: DISAPPROVAL REASON: 1180 A.B13017 (716) 893 -1000 so 15 CHARLES BASIL (716) 652 -1542 549292 01/28/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCYID'EPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DATE: :z I? dor _. DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT 1� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. #ppSlip2xpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY /DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICY' APPLICATION FOR: BASIL RESALE S INC. LICENSE TYPE: USED CAR DEALER 0 8 OUT NEW LICENSE 2009 BUSINESS ADDRESS: 1180 ABBOIT BUSINESS PHONE: (716) 893 -1000 COUNCIL DISTRICT: SCl POLICE DISTRICT: 15 APPLICANT NAME: CI IARLES BASIL APPL. PHONE: (716) 652 -1542 APPLICATION NUMBER 549292 REFERRAL DATE: 01/28/2008 REMARKS: DISTRICT CAPTAIN: t APPROVED DATE; DISAPPROVED DATE: * **REASON FOR DISAPPROVAL MUST BE STATED BELOW * *' REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. . AppShjy2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORE; 14202 COUNCIL, DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: INSPECTION /APPROVAL REQUEST so 15 CHARLES BASIL (716) 652 -1542 549292 01/28/2008 ul l0 POU6 e t a ,:.' a, There h a $10.10 Jfee to process this dam. By I p� ent-MsT bo gads by money order. DO N OT send c vA through the mail. in PeMA, pay can 1- wm by ujoney and or ash. Checks am not accepted. M =nzy orders payable to the Buffalo Police mp Be SM to include. a sWnpej, ,a&4dt)resW envelope so that this information cpu be mailed to you. Complete al Me infbimation listed below and have yow iclwh&a &an and Agnature venflo by a Notary Public (or). Commissioner of Dmds, as listed on the mom of this application. Without total Ompliaince to these instructions, - yo u receive the requested uafvmgtion. ALL SIGNATURES MUST BY, ORIGINAL NAMM OF APPLI c' SEX DATE OF TH; SOCIAL SEC€lRUY 4 D REASON FORREQMT; STONA1 L1�Z1Es OF ,APFUC-ANT DATE State of New York County of luxe City of Buffalo on the M-VA�w � who emutee SS. day Of cf fvL[/ � ( 9 bef ore me personally to Mc known to be the same pemn desodbed in, ai d Lisa O, wilczak p. Notary Public, State of Nm York 2ENWY1MMCATX0N PA HC/co io= of d in Erie County h.y'O- nission Expires Aug. 2, 2#1 SE I ...................... ..b...M.,....w.m.ro. lbregobag .............. ............ ..........' BE C ATI'AC M VHWMD BY _ CNO ORI E)N F[I,$ DATE Vtkl'] NOTE: USE OF TMS RMORKATION IS NOT BAS ON FINGER IDE"F;[CATION, DO NOT RETAIN AFTIER 60 DAYS FROM DATB VERX _ T 5e[1 L DY , FL-ml 1i I - v1 -, ?7 dg G"AGN der LE - - - - - - - - - - 0PA OF UMUES .UJCMKAa BUFAALO, wKw Ir4off 14M W PROW U) RRQUUM AT TM M AMACATION NOKKCXMOM —WHOLMAUJUNK PAWNUOIM ---FUA MAR UT (rte. OF VENDOR &---) "MCAM NAM —APMC&W HOMK PHOMI CO-AFMCAWN IAIUCIIII AIDA. PRO" C0-APKJCANrADAM LWPMMAL OMCU$ or CORPORAMN (IF APPLI"Bum &AM MAMM ("EM) ^i - w"Um (PA"ROKM ONLY) 0" SCSZU= OF RAM PUOMSM TO BE alARCJM__ Apfi=f Sig" Qv 2 # 1 - " f 1, C* qf BWyalo, New Ymk ? Lisa 0, Wij 4 - 1votary Public, meta of Now York N Eric Count - . A( A - -� Ivly C0 "' f 'L' 0,q 'Qn T'� lug, 2, 20 iN NON REF ABLE APPLIMION FEE 0➢TATA) CM DIMUGM KA - — e I xx - - -� /Svv -FAX#- —ArrUCAMr How FH0MR--4::: Z 5 WiAn TAX;O NUAORR--.. t -d IMTROF Cc OrIURTH 2 W— A SAVE YOU MR SEXY CONY WM MA OUM? IF SO STATE WOM WHERE NATUPI OF OnMM AND P1006 LWPMMAL OMCU$ or CORPORAMN (IF APPLI"Bum &AM MAMM ("EM) ^i - w"Um (PA"ROKM ONLY) 0" SCSZU= OF RAM PUOMSM TO BE alARCJM__ Apfi=f Sig" Qv 2 # 1 - " f 1, C* qf BWyalo, New Ymk ? Lisa 0, Wij 4 - 1votary Public, meta of Now York N Eric Count - . A( A - -� Ivly C0 "' f 'L' 0,q 'Qn T'� lug, 2, 20 iN NON REF ABLE APPLIMION FEE Used Car Dealer License -- 1 180 Abbott (Item No. , C.C.P., July 30, 2008) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Charles Basil d /b /a Basil Resale South Tile., located at 1180 Abbott. Passed. Recommended by the Committee on Legislation Chairman TAB:nnv 1 Awp60Vnsword\nnv\ 1 l 80abbott- usedeare.doc AUG - _1 2008 '' fi �; ,� �,. •1 «�' ;�� F . �+.: -�, � F' �,� ��, 9� aEg�. �d�`iw _ � ,�� ' �' � �� ;„,� '��a� � �.� �G�l� � �� �' r.q rrrq r .� a � � Q � 0 _ A i 1 Q 7 dwd °. R id �.� City Clerk's Department BUFFALO July 31, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 5 PASSED July 30, 2008 Permission to Increase Contracts (Change Orders) Gerald A Chwalinski City Clerk F 5 , y AUG ° 1 MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: 07 -29 -08 FROM: DEPARTMENT: LAW SUBJECT: (: Permission to increase Contracts (Change Orders) PRIOR COUNCIL REFERENCE: (IF ANY) (: Item Nos. 27, 28, 29, 30, 31 and 32 C.C.P. 07122/08 TEXT: (TYPE SINGLE SPACE BELOW) Your Honorable Body has requested an opinion from the Corporation Counsel regarding the legality of the abovementioned Change Order requests from the Department of Public Works, Parks and Streets. After review of the :requests, the Law Department has determined that the contracts all fall squarely within the common law professional services exemption to the competitive bidding requirements contained in General Municipal Law § 103. A common-law exception to the statutory requirement for competitive bidding exists for contracts involving professional services, which fall outside the realm of competitive ridding. Fawcett v. Ci , of Buffalo 275 A.D.2d 954, 713 N.Y.S.2d 510 (4th Dept., 2000). In order to constitute professional services, the services to be performed under the agreement must involve specialized skills, expertise, and the exercise of judgment and discretion. Schulz V. Cobleskill- Richmondville Cent. School Dist. Bd. of Educ. 197 A.D.2d 247, 610 N.Y.S.2d 694, 90 Ed. Law Rep. 773 (3rd Dept., 1994). Various contracts are exempt from competitive bidding under this exception, including contracts for the provision of construction management services for the purpose of coordinating a public works project and providing consultant services throughout the various stages of a project. 1980 Op. St. Compt, File No. 5 (holding that such a contract would appear not to be subject to competitive bidding requirements since it would seem to be in the nature of a professional service). As the contracts involved are not subject to the public bidding requirements contained in General Municipal Law § 103, there is no legal prohibition against approving the above - requested Change Orders. It should be noted that our Department's review of the requested Change Order requests indicated that, in the event the Change Orders were subject to the competitive bidding requirements contained in General Municipal Law §103, said Change Order requests do not rise to the level of circumventing said requirements, in that the supplemental work is not "..,so varied from the original plan, of such importance or so altered the essential identity of the or main purpose of the original contracts, that they constitute new undertakings." Albert Elia Bldg. Co., Inc. v. New York State Urban Development Cop. 54 A.D.2d 337, 343, 388 N.Y.S.2d 462, 467 (4th Dep't 1976 ). I trust that this addresses your concerns regarding this matter. TYPE DEPARTMENT HEAD NAME. ALISA A. LUKASIEWICZ TYPE TITLE: CORPORATION COUNSEL SIGNATURE OF DEPARTMENT HEAD: C •IF � � iF !4 ' �I t� *I*I *I* w t G' City Clerk's Department .BUFFALO July 31, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 6 PASSED July 30, 2008 Increase Contract Erdman Anthony Gerald A Chwalinski City Clerk Change in Contract — Large Valve Replacement Project - Erdman Anthony (Item No, 27, C.C.P., July 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Erdman Anthony, an increase in the amount of $ 175,000.00, as more fully described in the above communication, for work relating to Large Valve Replacement Project for th.e City of Buffalo Division Water Project, Contract #92011159. Funds for this project are available in Division of Water account 53210716 445100, Passed Recommended by the Committee on Finance Chairman j j S TAB : rmv AUG -- ) TAwp60\msword\: rinvl2 7c7 -22c. doe a v w% w r. f 1 City Clerk's Department BUFFALO July 31., 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No, 7 PASSED July 30, 2008 Increase Contract CGM Gerald A Cwalinski City Clerk Change in Contract -- Inspect Restoration Work done by Utility Companies and Plumbers - CGM (Item No. 28, C.C.P., July 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and lie hereby is authorized to issue a change order to CGM, an increase in the amount of $200,000.00, as more fully described in the above communication, for work relating to inspect restoration work done by utility companies and plumbers for utility cuts in the City right -of -way, Contract #920010073. Funds for this project are available in Capital Projects account 30032106 445100 and 31310206 445100, Passed Recommended by the Committee on Finance Chainhhan �M WIM g� AUG e1 ' r :hvp60lmswordl:rmvl28c7- 22c_doc O 6." 6-1 L-" 6-a City Clerk's Department BUFFALO July 31, 2008 NON, BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 8 PASSED July 30, 2008 Hatch Matt MacDonald Gerald A Chwalinski City Clerk Change in Contract — Genesee Street Signals — Hatch Mott MacDonald (Item No. 29, C.C.P., July 22, 200$) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Malcolm Pirme, an increase in the amount of $11 0,000.00, as more fully described in the above communication, for engineering consultant for the Squaw Island Landfill Closure Project for the City, Contract #92010410. Funds for this Project are $0% Federal, 15% State and 5% City and is available in Capital Projects account 31310906 445100 and 30335106 445600, Passed Recommended by the Committee on Finance Chairman - 9 z� 7 ':\ tvp60 lmskvord%:rjiiv12gc7- 22c.doc I AUG C� itl� �4� +1F1#• 44' in w t- e � 0 �9 � {� ac.i�J�•�t. °� •� � � �• t �t l it in w t- e f; F City Clerk's Department BUFFALO July 31, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 9 PASSED July 30, 2008 Marquis Gerald A Chwalinski City Clerk a d Change in Contract — Infrastructure Inspection - Marquis (Item No. 30, C.C.P., July 22, 2008) That the above item be, and the same hereby is returned to the Cormlion Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Marquis, an increase in the amount of $ 102,000.00, as more fully described in the above communication, for construction management services for the Department of Public Works for infrastructure inspections, Contract /192010946/92010946A.. Funds for this project are available in Capital Projects account 30032106 445100 and 31310206 445100. Passed Recommended by the Committee on Finance Chairman ANvi)60\mswordVnnv \30c7- 22c.doc I I AUG — 1 � � � � � � Ala* � � � � � � �� l' � aF i at � � � � � �awE* aF ar I -� �6a� f: . ,: r � � ��. r' �� � { *lay. �law1* a of }a� ,�� *�•� � . � � aFl�j* ^��� ��n :�_ o �. � u. u City Clerk's Department BUFFALO July 31, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO FITWITHRM Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 10 PASSED July 30, 2008 Malcom Pirnic Gerald A Chwalinski City Clerk li Change in Contract — Squaw Island Landfill Closure Project — Malcom Pirnie (Item No. 31, C.C,P., July 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Malcolm Pirnie, an increase in the amount of $110,000.00, as more fully described in the above communication, for engineering consultant for the Squaw Island Landfill Closure Project for the City, Contract #92010410. Funds for this project are available in Capital Projects account 31310906 445600 and 30335106 445100. Passed Recommended by the Committee on Finance Chairman TAB:rmv T:1wp6Mmsword\ :r ;nv�310-22c.doc AUG 1 2008 .. � � � � �� O �� * ��� ,��� it � � * � 7 Q � o �� *C� �1�r *F� �Iit Fiat �9� ��aF *i . �� P 7 � ^+��� i V'y 1p � � � .. � o . �_ � �� ,� . �, . t' City Clerk's Department BUFFALO July 31, 2008 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 11 PASSED July 30, 2008 Stearns & Wheler Gerald A Chwalinski City Clerk Change in Contract — Infrastructure Inspection - NtTflqtws {Item No. 32, C.C.P., July 22, 200€3} That the above item be, and the same hereby is returned. to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Stearns & Wheeler, an increase in the amount of $309,000.00, as more fully described in the above communication, for the design of the backup power facilities for the Division of Water, Contract #193000021. funds for this project are available in the Division of Water account 53210726 445100. Passed Recommended by the Committee on Finance Chairman TAB:rinv _- -- AUG - 1 2008 T: \wpGO \n sword\: rmO3 20-22c.doc *1*4*1*.1 *i*j* ^ r" r-9 r-4 . %n %a r- CD cm ^ r" r-9 r-4 . %n %a r- City Clerk's Department BUFFALO .July 31, 2008 HON_ BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 12 444 Woodlawn(Disch CD) PASSED July 30, 2008 Gerald A Chwalinski City Clerk l No. Discharge Community Development Committee - Results of Negotiations- 444 Woodlawn (No. 67 CCP 215/08) Mr. Fontana moved that Whereas, the above item is currently tabled in the Community Development Committee and, Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee fron further consideration of this item, and it is now before the Common. Council for its consideration. Seconded by D. AUG - 1 2009 O OO 7 tr Results of Negotiations -- 444 Woodlawn (Item No. 13, C.C.P., June 12, 2007) (Item No. 102, C.C.P., Dec. 11, 2007) That the above item be, and the sane hereby is returned to the Common Council without recommendation. /C-) Mr. Lek moved: That the offer from Snand ay Church of Hayles, East Ferry Streern. of three e porch of 44 Woodlawn, reby is acc p That t e transfer tax , and l That t Corporation Counsel the transfer of title a that the Ma ardance wit the to s of sale upon l�s treach Mi dollars ($ fees and cost of lejal descifiiption orized to pre are he necess authorized to ex ute the sa i the offer was submitted. s, Danie 00) forA id by Recommended by the Committee on Community Development � Cha' an TAB:rmv TAwp60Vnsword\nnv\13c6 -12c. doc Pi" (,-AW ) - r r� FONTANA JRAN XEARNS _ "_ _ - 5 ] [MAY [213 _ b] * -- [314 _ 7] City Clerk's Department BUFFALO July 31, 2008 HON, BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 13 PASSED July 30, 2008 Ord Amend Ch 437 - Taxicabs Gerald A Chwalinski City Clerk t, F r { Ordinance Amendment - Chapter 437 -- Taxicabs, Liveries and Sightseeing Buses (Item No. 162, C.C.P., duly 22, 2008) That the Ordinance Amendment as contained in Item No. 162, C.C.P., July 22, 2008, be and the same hereby is approved. Passed Recommended by the Committee on Legislation Chairman TAB:iinv AUG - 1 2008 TAwp60\mswordlrmvlI620- 22c.doc /-) C � F A ID C City Clerk's Department BUFFALO July 31, 2008 HON. BYRON W_ BROWN MAYOR OF BUFFALO ■ Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 14 PASSED July 30, 2008 SEQR Lead Agency Hock Harbor Commons Gerald A Chwalinski City Clerk I� ,o J 9� SEQRA Lead. Agency Designation — Rock Harbor Commons (Item No. 10, C.C.P. July 22, 2008) That the Common Council has no objection to and approves the request of the City Planning Board to act as Lead Agency for the proposed redevelopment of the existing building at 31 Tonawanda Street, Buffalo, New York to be known as "Rock Harbor Commons." Passed. Recommended by the Committee on Communi Development Chairman # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: July 7, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Land Use Planning SUBJECT: SEAR Lead Agency Designation Rock Harbor Commons PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: fTYPE SINGLE SPACE BELOW Edward Hogle is proposing to redevelop the existing building located at 31 Tonawanda Street, Buffalo New York. The building that originally housed a manufacturing facility would now be used for student housing. Prior to the implementation of the above- referenced action, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project, as defined under SEQR, is an "Unlisted Action" for which the completion of a coordinated environmental assessment is recommended by the City of Buffalo Planning Board. As per Section 617.6 of the regulations, an agency responsible for determining the effect of the project on the environment must be designated from the involved agencies within 30 C , lendar days of this communication. It is proposed that The City Planning Board act as the Lead Agency for this action. If the Common Council has no objection to the Planning Board acting as Lead Agency, please inform my office within the 30 day period. The project Environmental Assessment Form is enclosed for your review. DEPARTMENT HEAD NAME: Carla Kos finerl TITLE: Director of Strategic Planning/ Administration and Finance OFFICE SIGNATURE OF DEPARTMENT HEAD: REFERRED TO COMMITTEE ON COMMUWY DEVELOPMENT. t JUL- 01- 2008(TUE) 15.02 EB RTLRS STEEL CORP. (FRY)716 876 8739 P.0 03!028 PART 1-- PROJECT INFORMATION Prepared by Project Sponsor NOTICE. Yhis document is designed to asslst In dotermining whether the action proposed may have a significant effect on the onvironment. Please Complete the entire farm, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subjectto furtherverifoation and public review. Provide any additional information you believe will be needed to complete Parts2 and 3_ It is expected that completion piths full EAF will be dependent an information currently available and will not involve new studies, research ar inveatigation, if Information requiring such additional work is unavailable, so indirate and specify each Instance. Name of Action! K C) 4:: G iu M o vi Location of Action (include Street Address, Municipality and County) Name of Appli�ntlSponsor 1 � l � Dc veLO PAke� j I �� P Address 12- l7 p �D►JAWAY bO. 5 Z 1 City 1 PO Stat '�} y � _ Zip Code JYZ•p f3ustneo�s"felophane ��_ �7� Q9�� Name of owner (it different) Address city ! PO Business Telephone ni- w—•Pintion nl Arlicin Stato Zip Code +;° C� t1 P WEE'l!1 t D e-v1 5far i be r lcetn At /q Y!'q Loan• d'CL 9t &zt ova t 11G .5^frc A r e4. i yq{44eey A ottz, n Page 2 of 21 JUL- Ol- E- 008ME) 15;02 E8 ATLAS STEEL CORP. (FRY)716 B76 8739 P. 0041028 please Complete Each Question -- Indicate N.A. if not applicable A. SITE DESCRIPTION physical setting or overall project, troth dovcloped and undeveloped areas. 1. Presene LAnd Else: Urban Industrial Commercial ❑ Residential (suburban) � Rural (nomfarm) Forest Agriculture Other 2. Total acreage or project area: f '_S acres. APPROXIMATE ACREAGE Meadow or BruFhland (Nan•agricultural) Forested AgriculturaI {Includes orchards, cropland. pasture, etc.) Wetland (Freshwater or tidal as per Articies 24,25 of ECU Water Surface Area Unvegerated (RoCR, earth or fill) Roads, buildings Arid other paved surrace5 other (indicate type) PRESENTLY AFTER COMPLETION acres acres ., acres _ acct F —40---acrC5 a=% acres acres zicres d acres acres .1cre"; /��] acres acres odes 3. What is prcdarninant soil type(s) on project site? a. Soil drainage: Well drained J00. or site moderately well drained `Yo of site. ID Poorly drained 9`0 of site D. if any agricultural land is Involved, how many acre. of soil arc classified within still group 1 through 4 or the NYS Land Classification System? acres (see 1 NYCRR 370), 4. Are there bedrock outcroppings an project site? Yes W No a_ What is depth to bedrock _ (in Feet) 5. Approximate percentage or proposed project site with slopes: �flw1 n95, , 7 96 E] 117 15 % _ % M 15% or greater _% s. Is project substantlall contiguous to or contain a building, site, or district, listed on the State or National Registers of Historic Piacos? Yes 17CI No 7. Is project substantially contiguous to a listed on the Register of National Natural i,andmarks? El ye No B. What Is the depth of the water table? 1 d (in foot) 9. Is site located over a primary, principal, or sole source aquifer? ❑ Yes No ZC. Do hunting, fishing or sheil fishing opportunities prosontly cxlst in the project area? ©Yes No Wage 3 of 21 JUL- 01- 2008(TUE) 15:02 EB RTLRS STEEL CORP. (FRX)716 876 8739 P.005MB 1. Dons proJeer site contain any species of plant or animal life that Is idcntiflpd as threatened or endangered? Yes r7n No Accordinq to; each 12. kra there any unique or unusU land fortes on the project site? (i.e., cliffs, dunes, other Yes No ihn- 13. Is the project site presently ti ned Qy the community or neeghoomooa as an open space or recre4upri area ❑ Yes If ves, explain: 1 4. Does the present site include scenic views known to be Important to the community? 15. Streams within or conticuous to orolect area: y SCATA 6?uAD4 r-,RCEK, a. Name of Stream and name of River to which it Is tributary 16. Ni 4r.4 ,e4 IQ,ve-,e / 0,4te � Ickes, ponds, wetland areas within or contl uous to prqeq area: Ixe (in acres): Pago 4 of 21 JUL °01- 2008(TUE) 15:02 E8 UTLRS STEEL CORP. (FAX)716 876 8739 P.0061028 i .. U 17, is the site served by existing pufallc utllitles? 0 Yes © No a. IF YES, does sufficient capacity exist to allow connection? Yes ❑ No b. If YES, will Improvements be necessary to allow connection? Yes �No 18. Is the silo located in an agricultural district cortihod pursuant to Agriculture and Markets .Law, Article 25 - AA. Section 303 and 304? Yes I.Na , 1 9. Is the site located In or substantially to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? El Yes zNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? E T YC% No B. Project D escription 1. Physir -A dimensions and scale of project (fill in dimensions as apprtpriam). a. 'Taal contiguous acroago owned or controlled by project sponsor. S ores, r ' b. Project acreage to be developed: �- acres initially: �/ 6— acres ultimately, c. Prajocc acreage to remain undeveloped: acres. a. Length of project, In miles: P1 Or appropriate) e. If the project is an expansion, indicate percent of Expansion proposed. % f. Number of off - street parking spaces existing 5 proposed g. Maximum vehicular trips generated per hour: 24 (upon completion of project)? h, Ir residential: Number and t O hdu5ing units: AJI One Family Two Family .Multiple Famlly Condominium Initially Ultimately 1. Dimensions (in fact) of largest proposed structuro: hclght; width; length. J. Linear feet of frontage along a public thoroughfare project wll occupy is? 320 ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? CU tons /cublc yards. 3. Will disturbed areas be reclaimed F]Ycs n(ilNo �NIA . if yes. for what Intenaea purpose is the site being reclalmecft b. Will topsoll be stockpiled for reclamation? 7Yes K No C. Will upper subsoil be stockpiled rar reclamation? M Yes R No 4, Flow many acres of vegecadon (trees, shrubs, ground covers) will be removed from slte? acres. Paige 5 or 21 JUL - 01- 2006(TUE) 15,03 EB ATLAS STEEL CORP. (FRk )716 876 8739 P.007/028 S. will any mature forest (over 100 years old) or other locaiiylmportant vegetation be removed by This groJcct? ❑ Yes 1;9 No G. If single phase project: Anticipated period or construction: f i months, (including demolition) 7, if multi - phased: AJ a. Total number of phases anticipated _ (number) b. Anticipated date of commencement phase 1: month year, (including dernolltlon) C. Approximate camplcuon date or final phase: _ month _ � year. d, Is phase 1 functionally dependent on subsequent phases? ❑ Yes 0 No 8. Will blasting occur during construction? © Yes ® No 9. Number of Jobs generated: during construction ll : after project Is complete 7 _ 1€3. Number of jobs e Urn Inated by this project 11. Will protect require relocation of any projects or facilities? 11 yes � No If yes, explain- 1 2. Is surface liquid waste d)5posa} Involved? 0 Yes �No a. If yes. Indic - NCO typo of waste (sewage, industrial, etc) end amount b. Name or water body Into which effluent will be discharged 13. is subsurface liquid waste disposal involved? ❑ Yes � No hype 1 a, Will surface area or an exhAing water body Increase or decrease by proposal? ❑ Yes MNO If yes, explain: N/A 15. Is project or any portion or protect located In a 100 year flood plain? ❑Yes MINo 16. Will the project generate solid wzsto? M Yes ❑ No !!! a. If yes, what is the amount per mo nth? 2 — tons b. If yes, will an existing solid waste facility be used? ® Ycsc ❑ No M0JCrn �A-n jr �t Lew�x -ter, NY c. If yes. give name �6J uP_ LAC! [i location _ _Samar %4& d. Will any wastes not go Into a sewage disposal system or Into a sanitary landfill? ❑Yes No Page 6 of 21 JUL- 01- 2008(TUE) 15:03 EB RTLRS STEEL CORP. (FR3€)716 876 8739 P.008!028 f .. c. If yes. explain: 17. Will the project Involve the disposal of solid waste? Yes ❑No a. If yes, what is the anticipated rate of dl5posal? .. tonsslmonth. b. If yes, what Is the anticipated site life? �ZQ years. 18. Will projcct use herbicides or pesticides? ElYot P No 19_ Will project routinely produce odors (more than ono hour per day)? 11 Yes Izi, No 20, Will project produce operating noise exceeding the local ambient noise levels? FlYes �No 2 Will project result in an increase in energy usc7 � �► Yes /9 No If ye s. Indicate type(s) 22. If werer supply Is from wells, Indicate pumpinrU. capacity MA gallonsiminute. 23. Total anticipated water usage per day gallonsJday. 24, Dori project Involve Local. State or Federal funding? ®Yes �z No If yes, explain; Pogo 7 of 21 JUL- 01- 2008(TUE) 15 :03 E8 ATLAS STEEL CORP. (FHX)716 876 8739 P. 0091028 Y.f 25, Approvals Required: Type Submittal pate City, ' Vi Board Y es Y /1101 � No �Ph 6 1 e,4 2— City, "Town. village Planning Board Yes © No city, "iown Zo 8oatd Yes E] No CJ r - City, County Health nepartmpnt � Yes No Other _ocal Aganciese ®Yes Na Other Regional Agencies Yes No Smte ,>>gencies Yc" No - Federal Agencies Yes o C. Zoning and Planning Information 1, Does proposed action Involve a planning or zoning decision? *es If Yes, indicaW declslon required: © Lning arnendment ,oZoning variance � Newlrevision Of master plan Iii plan JJJ��f ��� 5fecia! use permit EI Rcso rce management plan Subdivision © tither Page 8 of 21 JULW-D1- 20DB(TUE) 15.03 EB ATLRS STEEL CORP. 2. What Is the zoninq claSSifiication(s) or the site? 3. 4. M -z (FAX)716 876 8739 P. 01 D /OMB Wrtat is the maximum potential development of the site If davelopod as permitted by the present 2aning? M -1 What Is the proposed zoning of th alto? 5. What Is the n tnaxlmurn p2tential dev ell ^ o� meat of the site tr aevoo ca' ax e urmawo oX the ro sea zoni2 e 6. Is the ro oscd, action consistent with the recommended uses In ado Led local land use plans? Yes © No P p P 7. What arc the prcdominam land use(s) and zoning ciassiricadons within a A mile radius of proposed action? S° Co Ile _q ttA 02 A . 0 �u es� c c �qrr K d 8, Is the proposed action compatible with adjoinln9tsurrounding land uses with a +1. mile? Yes U No 9. If the proposed action is the sUWvislon of land, how many lots are proposed? JbI 4 a. What Is the minimum lot size proposed? Page 9 of 21 JUL- 91°-2008(TUE) 15;04 EB RTLR5 5TEEE CORP. (FRX)716 676 8739 10. Will proposed action require any authoriza(lon(s) for the f gr'rrodon of sewer or water dis[ricrs? 0 Yes No P. 0111028 1-1P 1 1. Will the proposed action create a demand for any community provided services (recreation, edu=ion, police, fire protection? Yes o a. If yes, Is existing capacity stifflclent to handle projected demand? . 2 Yes [:] No 12. Will the proposed action result In the generation of traffic significantly above present levels? ❑ Yes kt�j No B. If yes, is the existing road network adequate to handle the addittiorlal traf ric. Dyes ❑ No 0. Intaffradional Dena s Attach any additional Information as may be needed to clarify your project, If there are or may be any adverse Impacts associated With your proposal. please discuss such Impacts and trio srte85ures which you propose to mitigate or avoirt thorn. E. Verilkation I certify that the Information provided above Is true to the best of my knowledge. ��++ Applicant/Sponsor Name &r Z4)epra Date ti /mod Signature Title If Me action is in the CoarsMl Area. and you are a state egeMY. campleke the Coastal As Farm Aetwe pro ing with this assessnrient. Page 1D of 21 i i i i +�Eael�r ifi 0 iF Iv e � i i I +�Eael�r ifi 0 iF Iv e � i Response EDIT — 481 -487 Delaware Avenue (Item No. 48, C.C.P., July 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Legislation Chairman TAB:nnv t:lwpb0ltnswordln33v148e7 -22e, doc I V7 Response PW -- 481 -487 Delaware Avenue (Item No. 49, C.C.P., July 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. Adopted. Recommended. by the Committee on Legislation Chairman TABS rjrnv [:%wp60unsword\ri"v\49c7- 22c.doc State Environmental Quality Review --- Stillwater -- 483 Delaware Avenue (Item No. 50, C.C.P., July 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation, Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed, Adopted. Recommended by the Committee on Legislation Chairman Tna:rmm LNwp 60dnswordVniv\5 OC- 22oadoc 1 Stillwater holdings, LLC Patio Application for a Restricted Use Permit (Item No. 58, C.C.P., July 8, 2008) (Item No. 113, C,C.P., July 22, 2008) That the above item be, and the same hereby is retitnaed to the Common Cotincil without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Legislation Chairman TABxmv t Awp60'uimvordVTnv\5 M -8c. doc t 1 SEQRA 481-487 Delaware Avenue (Stillwater Holdings, LLC) (Item No. 59, C.C.P., July 8, 2008) (Item No. 114, C.C.P., July 22, 2008) That the above item be, and the same hereby is returned to the Common Couneil without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and tiled. Adopted. Recommended by the Committee on Legislation Chairman . ti TAB:rmv V\wp6O \1 nswo rdViiiv\59c7 -5 c.doc Proposed Improvements to 481 -487 Delaware Avenue (Stillwater ldoldings, LLC) (Item No. 60, C.C.P., July 8, 2008) (Item No. 115, C.C.F., July 22, 200 8) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombelc moved; That the above- mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Legislation Chairman f� TAB:rn,v t1 wf ;6 8c.doc SEQR --- Stillwater Grille — 483 Delaware (Item No. 47, C.C.P., June 24, 2008) (Item No. 119, C.G.P., July 22, 2008) That the above item be, and the same hereby is returned to the Common COMICil without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Legislation Chairman TAB:rmv l:1wp601msword uinvW7c6- 24c.doe d—j Proposed Improvements --- 481 -487 Delaware (Item No. 48, C.C.P., June 24, 2008) (Item No. 120, C.C.P., July 22, 2008) That the above item be, and. the same hereby is returned to the Common COL114cil without reconirriendation. . Golon moved: THat the appeal of StillywaterlIoldings, hLC t ursuant to §337 -26 of the Charter and Code f the City of Buffalo from t e June`12, 20 denial of a Certificate of Appropriate ess, and a Certificate of No Effect, and /or a ertificate -of Exceptiori is hereby granted to provided for the conversion of 3,500 feet 6f-a�phalt into a patio gaTdc with masonry ind /4 stone pavers and approximately 30 %, vegetation. Passed Recommended by the Committee on Legislation Chairman TAB:rmv Llwp60\mswo €(Mnv148c6- 24e.doc 121 Ap [�� ] Mr. Golombek moved that the above item be recommitted to the Committee on Legislation M • City Clerk's Department BUFFALO July 31, 2008 HON, BYRON' W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 23 PASSED July 30, 2008 B. Melber 483 Delaware - APPROVE RESTAURANT/NIGHTCLUB INTERIOR ONLY Gerald A Chwalinski City Clerk A(JG ._ .1 2008 z i� F B. Melber, Petition to Use 483 Delaware – Use Restaurant /Nightclub to Add a New Restaurant (Item No. 53, C.C.P., June 10, 2008) (Item No. 121, C.C.P., July 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on June 17, 2008, the petition of B. Melber, agent, for permission to use 483 Delaware for a restricted use for restaurarnt /nightclub in the interior only, a -nd -add a-n rest phi t€���- ofrxdte, and hereby is approved; a tlio tf€a �i.rzg_ennrlitinns� Passed. Recommended by the Committee on Legislation Chairman TA B: rinv t Awp60\msword\:rmv\53cO- I flc.doc �1 ���� NN , .�h c� a �1 Q► Lt �.ruu �I* � ^o 4F. j �IF I � �I�1� �� 9E OF �7F .iF �IF 9F �F � �IF #E 9F 9E iF iF #! �1F iF iF iF �I� � � �I.� cif �1* �I� , �.F* * � *I� No. Adjournment On a motion by Councilinember , Seconded by , the Council adjourned at GERALD A. CHWALINSKI CI'T'Y CLERK 1