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HomeMy WebLinkAbout11-0728ssSPECIAL SESSION July 28 2011. AT 2:30 P.M. 1. Call for Special Session R&F 2. 136 Cazenovia- Donation App 3, Open/Transparency Ordinance LEG 4. Police Commission Quarterly Report LEG 5. lee Rink Fee Amendment ( Ch 175) App 6. Notice of Intention. Rename Lanigan Fieldhouse(hrg 9/6) ADOPT 7. 478 Elmwood Non,- Conforming Restaurant APP 8. Veterans Village- vacant parcels App 9. Adjourn R &F COMMON COUNCIL CITY HALL -- BUFFALO SPECIAL SESSION ,Tiny 28, 2011 at 2.30 P.M. PRESENT: David A. Franczyk President of the Council, and Council Members Fontana, Golombek, Kearns, LoCurto, Pridgen, Rivera, Russell, Smith m 9. ABSENT .None. * AYE * NO FON T'ANA FRANNCZYK 7, GOLD EIS /* KEARNS LOCURTO a PREDGEN RA RUSE SAUTH aj - 5 2/3- 6 3/4- 7 7 July 28, 2011 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 Five Councilmembers, dated July 28, 2011 presented to you herewith, I hereby call a Special Meeting of the Common. Council and waive the 24 hour notice, to be held in the Council Chambers, City Hall, Buffalo, New York, on July 28, 2011 at 2 :30 P.M. for the following purpose: To receive and take appropriate action on : 1. 136 Cazenovia- Donation 2. Open/Transparency Ordinance 1 Police Commission Quarterly Report 4. Food Truck Mobile Food Vending (Ch. 316) 5. lee Rink Fee Amendment ( Ch 175) 6. Notice of Intention — Rename Lanigan Fieldhouse Hrg 9/6 7. 478 Elmwood Non - Conforming Restaurant 8. Veterans Village — vacant parcels Yours very truly, David A. Franczyk President of the Council L f July 28, 2011 Hon. David A. Franczyk President Common Council 1315 City Hall 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, and waive the 24 hour notice 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 pertaining to 1. 136 Cazenovia- Donation 2. Open/Transparency Ordinance 3. Police Commission Quarterly Report 4. Food Truck Mobile Food Vending (Ch. 316) 5. Ice Rink Fee Amendment (Ch 175) 6. Notice of Intention Rename Lanigan Fieldhouse 7. 478 Elmwood Non - Conforming Restaurant 8. Veterans Village — vacant parcels We request that this Special Meeting be held on July28, 2011 at 2:30 P.M. r� 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: RICHARD FONTANA MICHAEL KEARNS DARIUS G. PRIDGEN BONNIE E. RUSSELL JOSEPH GOLOMBEK MICHAEL LOCURTO DAVID RIVERA DEMONE SMITH hereby agrees that twenty-four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly called to be held on July 28, 2011 at 2:30 P.M. STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 28th day of July 2011, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Commissioner of Deeds, in and for the Cite of Buffalo, N.Y. My Commission expires 12/31/12 OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics ILMER OLIV NCIA, JR. Deputy City Clerk DIANA RICO Deputy. City Clerk Vital Statistics Deputy Registrar of Vital Statistics July 28, 2011 TO EACH MEMBER OF THE COMMON COUI®1CIL- 65 NIAGARA SQUARE ROOM 1308 CITY MALL BUFFALO, NEW YORK 14202 PHONE: (716) 8515431 FAX: (716) 851 -4845 YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated July 28, 2011, DAVID A. FRANCZYK, 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 28, 2011 at 2:30 A.M. for the following purpose: To receive and take appropriate action on all items relating to I . 136 Cazenovia- Donation 1 Open/Transparency Ordinance 3. Police Commission Quarterly Report 4. Food Truck Mobile Food Vending (Ch. 316) 5. lee Rink Fee Amendment ( Ch 175) 6. Notice of Intention — Rename Lanigan Fieldhouse 7. 478 Elmwood Non - Conforming Restaurant 8. Veterans Village — vacant parcels Yours very truly, r� Gerald A. Chwalinski City Clerk City Clerk's Department BUFFALO August 2, 2011 C " ! ' Ea. W ir0 I UT - &'�....0 , o Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 2 136 Cazenovia Donation PASSED July 28, 201 t Gerald A Chwalinski City Clerk AUG - 8 2011 RESOLUTION By: Michael P. Kearns RE: PERMISSION TO ACCEPT DONATION OF LABOR AND MATERIALS ASSOCIATED WITH THE RE- ROOFING OF AMERICAN LEGION POST 721 WHEREAS, Todd Cameron, owner of Buffalo Roofing, has approached the leadership of American Legion Post 721 and the South District Common Council office to express his willingness to donate labor and materials associated with the removal of the existing roofing layers and installation of a new roof at American Legion Post 721, located at 136 Cazenovia St. in the City of Buffalo; and WHEREAS, American Legion Post 721 is owned by the City of Buffalo. The roof of the structure has been leaking for some time and recent inspections have revealed that there are approximately 9 layers of roofing material currently on Post 721, an amount which is well in excess of what is deemed safe under the NYS Building Code; and WHEREAS, American Legion Post 721 has been occupied for many years by the local South Buffalo branch of the American Legion, a nonpartisan, not - for - profit veterans organization devoted to mutual helpfulness. It is the nation's largest veterans' service organization and is committed to inentoring ant sponsorship of youth programs in local communities, advocating patriotism and honor, promoting a strong national security, and continued devotion to service members and veterans; and WHEREAS, Mr. Cameron and his company, Buffalo Roofing, have agreed to complete the entire job of removing the existing roofing layers and installing a new roof on American Legion Post 721 at no cost to the City, a project which otherwise would cost the City upwards of $20,000 if it were to pay for completion of this work itself, and WHEREAS, By accepting the donation of Labor and Materials from Mr. Cameron and Buffalo Roofing, the City of Buffalo will be making this important civic building safer for those who use it as well as any first responders who may be called to the site in case of a fire or similar emergency, as well as extending its useful life, at no cost to the City's taxpayers; and NOW, THEREFORE BE IT RESOLVED, That, the Common Council authorizes the acceptance of Mr. Cameron and Buffalo's Roofing's donatioli of labor and materials associated with the removal of existing roofing layers and installation of a new roof at American Legion Post 721, located at 136 Cazenovia Street, contingent .upon Mr. Cameron and Buffalo Roofing's payment of any applicable fees, obtaining of all necessary pern - iits, furnishing of required insurance and related documentation, proper execution of an access agreement with the City and compliance with applicable Departmental requirements. 4- PASSED M P. Kearns South District Councilmember r F * AY * NO * K * * - -- * LO TO maj , 213 - 6 314- 7. * By: Mr. Kearns City of Buffalo Local Law No. (2011) Introductory No. (2011) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Meetings of Boards and Commissions BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 18 (Boards and Commissions – Articles 18-1 through 18 -79.) of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: §18-1 Boards Generally This article shall govern the creation and activity of all appointed boards, commissions, committees, councils or other Iike bodies in the City of Buffalo except as otherwise provided by this charter or other law. All members of appointed boards, commissions, committees, councils or other like bodies serving when this charter takes effect shall continue as such until the expiration of their terms, the positions are abolished, or they are removed pursuant to law or in accordance with the terms of this article, § 18.2 Meetings As soon as practicable following the first of the new year, and no later than January 31 st of every year, each board shall hold an organizational meeting. Each board shall hold regular meetings as required by this charter or other law; and special meetings as may be necessary. Meetings shall be held upon the call of the mayor, director, the chairperson, or as specified in a written declaration by a majority of the members of such board. All meetings shall be open to the public with notice of such being Bled with the City CIerk. Each Board enumerated herein sha11'hold its meetin sin Council Chamhers or in Room 1417 of Citv Hall and all meegtin s shall be recorded b the Office of Telecommunications streamed via live online video and broadcast On —the Cable Access Television CATV channel as sown thereafter as p racticable. The Office of Mana ement Information S. stems shall ost all such meetin s on the Ci 's website for viewing as soon thereafter as racticable. 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 upon its final passage and ratification into law under the provisions of Section 3 -17 of the City Charter. Section 4: If any provision or provisions of this Article shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. APPROVED AS TO FORM ONLY REff ` THE COMM ON �. LEGISLATI Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. G To; The City of Buffalo Common Council June 30, 2011. Interim Report The Joint Commission to Examine Police Reorganization submits herewith our quarterly report of the Police Reorganization Commission's efforts. The Commission has been meeting monthly to review the organization of the Buffalo Police Department. However, at the present time, the Commission has not received much of the information that has been requested from the department (see encl 1). More importantly, the information that we have received A copies of the department district maps, was obtained through the efforts of the common council legislative staff, During the month of June. several members of the Commission went to Albany to meet with Legislators and the Albany District Attorney. Through the efforts of Commission member Terry O'Neill, we have gained access to information concerning the reorganization of the Albany Police department. Additionally, in conversations with several of the Legislators, and with the help of our local delegation; we are pleased to advise that they have agreed to help sponsor legislation to provide funding to enhance community policing initiatives. The Commission has also completed its efforts to obtain responses to a citizen's survey, which once compiled, will be distributed throughout the community later this year. At this time, the Commission respectfully requests of the Common Council, an extension for filing of the Commission's final report. The Commission requests that it be permitted to file their final report no later than March 31, 2412. We are reluctant to make this request but are compelled to do so due to the delays our Commission has, and still is, encountering in its efforts to obtain needed data from several city departments and for the disruptions we experienced with the departure and replacement of several commission members earlier this year. The Commission also requests the Council's assistance by interceding with the City Police Department on the Commission's behalf, in an effort to direct the Commissioner and his staff, to release the information that the Commission has requested to facilitate our work efforts. We also request of Council Members Russell and Smith, that they appoint their district representatives to the Commission as soon as possible, to ensure adequate representation and resources throughout the City's nine council districts. This request is especially important as commission members look forward to the insights the new members would bring to the Commissions efforts as well as the perspective the new members would offer on the unique issues facing the Masten and University districts. do 1413 City [Tail I Mlffi lo> New York 11202 �� t\ Please be advised that I and the members of the Commission stand ready to meet with Common Council members to discuss our on0going efforts and to obtain their thoughts and ideas regarding the Commission's efforts and work product. Respectfully submitted, JOSEPH A. MASCIA 1NTERM CHAIRMAN LEGISLATION. REFERRED TO THE COMMITTEI ON c/o 1413 City Hall I Buffalo, New York 1 202 ' April 18, 2411. Daniel Derenda Commissioner of Police City of Buffalo, NY 74 Franklin Street Buffalo NY 14242 Dear Commissioner Derenda: In accord with an adopted motion of the Board of the Joint Commission to Examine Police k Reorganization, we respectfully request that you assemble the following information for delivery to the Common Council Legislative Staff Office, Room 1413 City Hall, Buffalo, NY 14242 Attn Joint Commission on Police Reorganization who will deliver the information unopened, to the Commission. Your efforts will enable the Commission to continue its review of Police operations as a prerequisite to preparing its final recommendations: • A city -wide map or individual district maps of the fie (5) police districts to include primary street naives for reference purposes and the location of Police Department stationhouses, or satellite office • A department -wide organizational chart showing the various police teams, units, or appropriate identifying criteria together with the number and type of police and non- police personnel assigned or detailed thereto. • A chart showing the police department work shift(s) for each manpower level (patrolmen, detectives, lieutenants, captains, etc • A listing of the Department current manpower levels to include. authorized and filled by job title, the number injured on duty (IOD) (by job title), the number of vacancies and the size of any upcoming training classes, a profile of the age groups (five year intervals) and respective gender • A list of the number of man -hours expended conducting Police operations during the last three fiscal years to include the respective amounts of allocated to overtime, court time, inspection time, authorized leave time (vacation, personal, etc), and sick leave (as distinguished from ILOD leave time, and the cost thereof • The most recent crime statistics as tracked by the Police Department broken down by Police District, and the frequency and manner of release of crime statistics to the public c/o 1413 City gall I Buffalo, New York 14202 �b A copy of the 1.991 Police Department Reorganization Study conducted by the International Association of Police Chiefs ® The number, and respective type (auto, suv, truck, etc), fuel requirement (gas, diesel, hybrid, propane, natural -gas, etc), model year of all vehicles and conveyances utilized by the .Police Department and the correlation if any, to the type of vehicle assigned to a police employee, duty assignment, district or other identifiable criteria The units (number of) tires, batteries, and other high - replacement maintenance items to include motor fuels, lubricating oils and fluids (listed by type) purchased and consumed in the last three fiscal years and the cost thereof The units (number of) uniforms and uniform items, ammunition and related accessories (body armor, batons, flashlights, etc) procured by the City and the cost thereof Although this may seem like a large information request, we are confident that all of the information requested above is readily available and its release would in no way harm or impede police operations. Should you or a member of your staff need to clarify any item listed above, please do riot hesitate to contact the undersigned at 716- 289 -9861 or bflojlo @adelphia.net Further, in an effort to conserve limited city resources, we encourage that the information be delivered as soon as it is prepared as distinguished from delaying release until all items are available. We also request that information be provided in an electronic format (cd/dvd) using Office productivity software such as Microsoft Office (Nord, Excel, PowerPoint) or Adobe (PDF) file versions wherever possible. Thank you in advance for your anticipated cooperation in this matter. Sincerely, oseph Mascia Interim Chairman Cc: City Clerk (for filing with the Common Council) T. Ball, Assistant Corporation Counsel c/o 1413 City Hall I Buffalo, New York 14202 City Clerk's Department BUFFALO August 2, 2011 s -• r Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 5 PASSED July 28, 2011 Ice Rink Fee Amendment(Ch 175) Gerald A Chwalinski City Clerk j Ord. Amend, -- Ch, 175 Fees ® Ice Rinks (Res. 89 CCP 7/26/2011) By: Mr. Golombek; Re: Ordinance Amendment Cater 175. Fees The Common Council of the City of Buffalo dues hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows §175-1. Enumeration of Fees r t The following schedule of fees is hereby established with respect to licenses, pennits. and activities required or regulated under the provisions of various chapters of the Code of the City of Buffalo. Applications for and the issuance of such licenses and permits shall be subject to the provisions of the specific chapter of the Code which is indicated for each type of license or permit. The business, activity or operation for which the license or permit is required shall be subject to all regulations set forth in the chapter to which reference is made. These fees may be adopted or revised by the Common Council from time to time. Code Chapter Section, Type of Application, Permit or License Fee Chapter 309 Parks and Other Opens Spaces (Last Amended 4-1- 2003, effective 4- 9 »2O03) Non -City Resident § 309- 28,Use of facilities With the exception of designated private ice time at skating rinks, City of Buffalo handicapped persons (classified as such by the United States Department of Health, Education and Welfare) may use any of the hereinafter mentioned recreational facilities free of all charges and fees. City Resident Non -City Resident ICE SKATING Youths under 18 and seniors [$1.00] JL00 $3.00 18 years and over [$2.00] $x.00 $3.00 Designated private ice time: Indoor rink: All groups other than developmental league, per hour [$110.0011135.00 $180.00 Developmental league, (including Explorer League, Timon and Canislus High School), per-hour [$80.00] $120,00 $200.00 I - a F? APPROVED AS TO FORM Asst, Corporation Counsel. MOTE: Matter underlined is new, matter in brackets is to be deleted. Pa Nonresident participating $60.00 with resident or developmental league or high school, per . individual /per season. Skating lessons, per session $7.00 $213.00 APPROVED AS TO FORM Asst, Corporation Counsel. MOTE: Matter underlined is new, matter in brackets is to be deleted. Pa LOCURTO PRIDGEN RIVERA RUSSELL 'k i$ 25 - 6 3/4- 7- SINGLE PACE COMMUNICATION TO THE COMMON COUNCIL. TO. THE COMMON COUNCIL: DATE: 07/28/2011 FROM: DEPARTMENT: City Clerk SUBJECT: [:Notice of Intention- j:Rename the Lanigan Fieldhouse to [:Lanigan - Brinson Community Center [:ccp# 100, 7112 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Ite►n Na. xxx< C.C.P. xx/xx/xx) This is to advise you that the public hearing for the above item is set for 09106/2011 at 2:00 p.m. in The Common Council Chambers. This will be advertised in the Buffalo News on 08/22/2011 and 0812912011. SIGNATURE DEPARTMENT HEAD TITLE City Clem City Clerk's Department BUFFALO August 2, 2011 M0 W All WITHE Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 7 PASSED July 28, 2011 478 Elmwood Non-Conforming Restaurant Gerald A Chwalinski City Cler N AUG - 8 2011 L j C. Van Every, Owner, Use 478 Elmwood to Re- Establish. Non Conforming Restaurant(Fill)(hrg 7128) C. Van Every, Owner, Use 478 Elmwood, Reestablish Nan - Conforming Restaurant (.Fill)(hrg 7/28) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD f City of Buffalos L Bu Niagara Square f0o, NY 14202 6)851 -4949 Fax (716)85'1 -5472 Re part Date AIA 1897DB Qf.—. 07/15/2011 12;47 PM Submitted By Mike Castro USE Building Application Page 1 Date /Time, BY gate! Time By Processed 01/151201112:46 CASTM Temp COQ Issued COO Final Expires Typo of Work # Plane 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Nance AKA 480 ELMWOOD rADfi o wn °""Plans required`"' * Common Council approval required - * 511 -56 C(1) to reestablish non- eonforining use of a restaurant closed more than 1 year in the - Elmwood Ave business district.Hearing required -Fee required Parent AIP # Project # Projec phase Nance Phase # SixelArea Size Description Address 478 ELMWOOD BUFFALO NY 14222 - Location i '200042 Contact lD AC1253659 Name MARK L GADEMSKY Mailing Address 474 ELMWOOD City BUFFALO ZIPfPC 14222 -2061 Day Phone Fax Occupant N From To Contact 113 AC55318 Name MARK L GADEMSKY Mailing Address 474 ELMWOOD AVE City BUFFALO ZIPfPC 14222 -2061 Day Phone (716)881 -2144 x Fax (716)661 -0711 Occupant N From To Contact ID AC237648 Name GADEMSKY MARK L Mallfng Address 474 ELMWOOD AVE City BUFFALO ZIPIPC 14222 Day Phone Fax Occupant N From To Organization State/Province NY Country USA ❑ Foreign Evening Phone Mobile 0 Owner Y From 02122/2005 To 05106!2007 Organization StatelProvinee NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 0512812000 To 05/06/2007 Organization StatafProvince NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 06130/1982 To F Cf r fFa lo agara Square o, NY 14202 351 -4949 Fax (716)851 -5472 Report Date 07 /16/201112:47 PM USE Building AP21 Submitted By Mike Castro Contact ID AC1149859 Name ' GADEMSKY,MARK L . ARai![ng Address 474 ELMWOOD AVE Organization City BUFFALO State/Province NY ZIP/PC 14222 -2081 Country USA 0 Foreign Day Phone (716)881 -2144 x Evening Phone Fax Mobile # (716)8684233 Occupant N From TO Owner Y From 06/24/2002 To 05!0612007 No Addresses are linked to this Application _ - , Meg No Addresses are finked to this Application 1004500003016000 No Parcels are linked to this Application No Applicant Contacts Primary Y Capacity Type Effective Expire Contact ID OWNER Flame OWNEPffENANT Phone Fau Address (SEE TINDER APPLICANT) Comments tenant Chris Van Every 563 -5307 000000 SBU AC12792 OWNER OF PROPERTY 111111 HCO AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER FLL1234 DM1 AC12792 OWNER OF PROPERTY 00001 PLU AC355714 OWNER OOOOt)O HIM AG12792 OWNER OF PROPERTY Check Fees Fees Failed AP=PLICATION FEE ($25.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 555315 ELMWOOD ELM_ WOOD VILLAGE DISTRICT Incomplete Check Conditions Conditions Successful MD MULTI - DWELLING PROPERTY Approved, OK Check Alert Conditions Alert Conditions Successful Check Licenses Not Chocked Check Children Status Children Successful Check Open Cases 1 Case # 138538 ME My of f taFfalo 65 NiaWa'Squar® 6uffiib, NY 14202 *(746)861 -4949 Fax(716)851 -5472 Report gate 07/15/ ISM Submtited By Mike Castro JSE Building Application V�l l; My name is Chris Van. Every and I am before you today because I am applying for a re -use pert in the Elmwood Business District. Which will allow me to apply for licenses for which to open a sit down/take -out restaurant at 480 Elmwood. Basically we would like to tape a locationn which housed a restaurant bakery five years ago an open a small restaurant there. Now let me tell you a little bit more about what we plan to be and serve there. The name of the business is NoNoo Ramen. NoNoo Ramen is a noodle bar and.. restaurant serving Asian mainstays planning on be located in the Elmwood business district of Buffalo, NY. We can loosely be described as a quick - service sit down/take-out restaurant where customers have the option to sit either at the ramen bar, and watch their meals as they are crafted, or at one of our full service dining tables. The food, as well as the show and atmosphere, is our main selling point. NoNoo will bold true to its vision of being a creative concept with a modern feel in order to become a favorite spot for Buffalo natives. Though ramen and ramen restaurants haven't reached the popularity they have attained in Japan, the trend to experience Japanese foods other than sushi is spreading across the U.S.. Popular Japanese menu items such as ramen, okonomiyaki, mapo tofu and grilled fish will be staples of our menu. Offered to you in a unique and comfortable setting. Our cheflowner is a buffalo native. Who was actually born one block away at Sister's and Children's Hospital. I have extensive experience cooking in Buffalo, Hawaii and Manhattan. Most recently I have worked for to Buffalo staples in the food industry, Seabar and Oliver's restaurants. Having a chef owner on premise guaranty's a clean looking business store front and neighborhood. I will take as much pride in my plates as I do to my neighborhood. Below is a picture of the proposed site at 480 Elmwood Mr. Fontana moved: That the Petition. dated July 15, 2011 from the Department of Permits and Inspections Services be received and filed and that: - The application of C. Van Every to re- establish a non- conforming use of a restaurant closed more than one year in the Elmwood Avenue Business District is approved as presented after a public hearing was had thereon. on July 28, 2011. - Passed- -7- 7e -7 -28a vl *AYE*NO* FOWANA fRANCZW } 213- 6 314- 7, City Clerk's Department BUFFALO .August 2, 2011 W e i 2 1 11 �. Ifi Pursuant to the provisions of Section 3-19 of the Charter, 1 present herewith the attached resolution item. No. 8 PASSED July 28, 2011 Veterans Village Vacant Parcels Gerald A Chwalinski City Clerk In AG m 8 2011 July 27, 2011 Councilmember Richard A. Fontana Room 1414 -- City Hall 65 Niagara Square Buffalo, New York 14202 Re: Veterans Village Dear Councilmember Fontana; at yesterday's (7/26/11) Common Council meeting. The Common Council referred to committee the sale of three vacant parcels of land: - 401Ada ms -407 Adams -16 Grey Unfortunately, I was unavailable to spear to you prior to yesterday's meeting to see if the three parcels could be approved "on the floor "of the Council ( see highlighted item). These three vacant parcels are critical to the Veterans development project and for some reason the Common Council may have a special summer Common Council session; we would truly appreciate if you could consider the approval of the sale to the HEART Foundation for the (3) parcels. I free to call me at 785 -9235 to address any additional questions. Sincerely; avid E. Pa\&4jk 00003 2 (Rev. 9193) MULTIPLE PA GE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: July 21, 2011 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Permission to Designate Developer For Vacant Lots Located at 409 and 407 Adams and 16 Grey Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) The Office of Strategic Planning, Division of Real Estate, has received a proposal from the HEART Foundation, 113.1 Kensington Avenue, Buffalo, New York 14215 to acquire the above captioned properties. The HEART Foundation is proposing a development that will construct single room occupancy apartments "SRO ". The project will provide vital resources, shelter, housing placement and educational /vocational training services to veterans experiencing or at risk of homelessness in Erie County. The above mentioned city owned properties are needed for the development of this project. The Office of Strategic Planning, Division of Real Estate, respectfully requests that Your Honorable Body designate the HEART Foundation and or a corporation, partnership, or other legal entity to be formed as Redeveloper of the subject properties for a period of six (6) months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan of the project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimted total project costs, for review and approval by the City. b. , Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Purchase Agreement. G, Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate. d. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. e. Payment of a designation fee of Two Hudred Fifty Dollars ($250.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month.. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Purchsae Agreement to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all fees paid on account and the City shall retain all such fees. FORM #2 ® Page #2 TEXT CONTINUATION RE: Redeveloper Designation 401 and 407 Adams and 16 Grey July 21, 2011 f. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1960, as amended (C.E.R.C.L.A) 42 USC ss 9601 et sect.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1601 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. g. The successful negotiation of a Purchase Agreement for approval by the Common Council by no later than six (6) months from the date the Common Council approves, the designation. h. Upon signing of Purchase Agreement, a payment by the Redeveloper to the City of a non-refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. The sale price to be established in accordance with Article 27 of the City of Buffalo Charter. i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and/or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Redeveloper to comply with the above conditions, the City will give written notice to the Redeveloper via certified mail and allow the Redeveloper two (2) weeks to cure. This designation will expire six (6) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of the HEART Foundation as the Redeveloper of 401 and 407 Adams and 16 Grey upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 401 and 407 Adams and 16 Grey; and forward to the Common Council for final approval agreements for the transfer of title. DEPARTMENT HEAD NAME: FOR: JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING REFERRED TO THE COMMITTEE O w SIGNATURE BM /JPH /ck 632broadetodesignationcommun BRENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING �I Permission to Designate Developer for Vacant Lots at 401 8& 407 Adams and 16 Grey (Item No. 3, C.C.P. July 26, 2011) The above itcm dated July 21, 2011 . was referred to the Common Council by the Committee on Community Development without recommendation. Mr. Fontana moved: That the Communication dated. July 21, 2011 from the Executive Director of the Office of Strategic Planning be received and filed and that: - The HEART Foundation and /or a corporation, partnership or other legal entity to be formed is designated as Redeveloper of the vacant lots at 401 and 407 Adams Street and 16 Grey for a period of six months, subject to the conditions enumerated in the above communication. - The Executive Director of the Office of Strategic Planning is authorized to prepare the necessary. agreements for the redevelopment of 401 and 407 Adams and 16 Grey and to forward to the Common Council for final approval, agreements for the transfer of title. - Passed- In 8c -7 -28a *A'E *NO* leas -5 2/3- 6 314- 7 * * cl No. Adjournment On a motion by Mr. Fontana, Seconded by Mr. Kearns, the Council adjourned at � f � I 'l l GERALD A. CHWALINSKI CITY CLERK AT July 26, 2011