HomeMy WebLinkAbout14-0729ss (2)COMMON COUNCIL
CITY HALL — BUFFALO
SPECIAL SESSION
July 29, 2014
At 3:00 P.M.
Present: Darius G. Pridgen President of the Council, and Council Members Fontana, Franczyk, Golombek, LoCurto, Rivera, Scanlon, Smith,
Wyatt -9
Absent- None.
NO. 1
CALL FOR SPECIAL SESSION
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 29, 2014 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 29, 2014 at 3:00 P.M. for the following purpose:
To receive and take appropriate action on:
Peace Bridge Project Agreement NY Gateway Connection
1435 Hertel Ave Erect Open Balcony
Waiver of Fees - "Eid at the Park"
Waiver of Fees - Seneca Nation Buffalo Resource Center Summer Camp
191 Allen Create an Additional Patio Area
Ord Amend 175 Fees Building Permits
Ord Amend Ch 175 Fees Streets & Sidewalks
Ord Amend Ch 175 Fees Towing & Storage
2222 Genesee St Retail Store
Ord Amend Ch 387 Signs
Yours very truly
Darius G. Pridgen
President of the Council
RECEIVED AND FILED
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 A. FONTANA DAVID FRANCZYK
JOSEPH GOLOMBEK MICHAEL LOCURTO
DAVID RIVERA CHRISTOPHER SCANLON
DEMONE SMITH RASJEED N.C. WYATT
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 29, 2014 at 3:00 P.M.
Richard A. Fontana David Franczyk
Demone Smith David A. Rivera
Rasheed N.C. Wyatt Christopher Scanlon
Michael J. LoCurto CM Golombek Office Notified
STATE OF NEW YORK
COUNTY OF ERIE) ss:
CITY OF BUFFALO)
On this 29th day of July 2014, before me, the subscribers, personally
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.
Gerald A. Chwalinski
Commissioner of Deeds, in and for the City of Buffalo, N.Y.
My Commission expires 12/31/14
July 29, 2014
TO EACH MEMBER OF THE COMMON COUNCIL:
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 29, 2014, DARIUS G.PRIDGEN, 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 29, 2014 at 3:00 P.M. for the following purpose:
To receive and take appropriate action on all items relating to
Peace Bridge Plaza Project Agreement NY Gateway Connection
1435 Hertel Ave. Erect Open Balcony
191 Allen Create Additional Patio Area
2222 Genesee St - Retail Store
Waiver of Fees - "Eid at the Park"
Waiver of Fees - Seneca Nation Buffalo Resource Center Summer Camp
Ord Amend Ch 175 Fees - Building Permits
Ord Amend Ch 175 Fees - Streets & Sidewalks
Ord Amend Ch 175 Fees - Towing & Storage
Ord Amend Ch 387 Signs
Yours very truly,
Gerald A. Chwalinski
July 29, 2014
Hon. Darius G. Pridgen
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, pursuant to
Section 3.9 of the Charter of the City of Buffalo, and waive the 24 hour notice for the following purpose:
To receive and take appropriate action on
Peace Bridge Plaza Project Agreement NY Gateway Connection
1435 Hertel Ave Erect Open Balcony
Waiver of Fees - "Eid at the Park"
Waiver of Fees - Seneca Nation Buffalo Resource Center Summer Camp
191 Allen Create an Additional Patio Area
Ord Amend Ch 175 Fees J Building Permits
Ord Amend Ch 175 Fees Streets & Sidewalks
Ord Amend Ch 175 Fees Towing & Storage
2222 Genesee St retail Store
Ord Amend Ch 387 Signs
We request that this Special Meeting be held on July 29, 2014 at 3:00 PM
Demone Smith
Rasheed N.C. Wyatt
Michael J LoCurto
David A Franczyk
David A. Rivera
Christopher Scanlon
NO. 2
PEACE BRIDGE PLAZA PROJECT RESOLUTION, PERMISSION TO ENTER INTO BETTERMENT PROJECT AGREEMENTS WITH
NYSDOT, AGREEMENT FOR ADVANCE PAYMENTS WITH NYSDOT, AND OTHER RELATED AGREEMENTS IN CONNECTION WITH
THE NY GATEWAY CONNECTION TO PEACE BRIDGE PLAZA PROJECT
NIAGARA DISTRICT
1. Your Honorable Body is hereby requested to authorize payment of up to $456,991 for betterments as described in the attached resolution
and your Honorable Body is also asked to pass the attached resolution all in connection with the City of Buffalo's local share obligation of up to
$456,991 in connection with the NY Gateway Connection Improvements to the U.S. Peace Bridge Plaza Project.
2. Permission is also requested from Your Honorable Body to authorize the Mayor and or the Commissioner of Public Works, Parks, and
Streets as appropriate to enter into:
a. A Betterment Project Agreement in form and substance substantially similar to the attached Betterment Project Agreement subject only to
such City related approvals and clarification as are required or recommended by the City's Law Department and DPW personnel.
b. Agreements for Advance Payment, aggregate total $431,925, with respect to pending NYSDOT "takings" of temporary easements, and fee
interests in City of Buffalo owned properties in and around the Peace Bridge Plaza project area all as described in the attached
communication from the NYSDOT Office of Right of Way.
3. Permission is also requested from Your Honorable Body to authorize the Mayor and or the Commissioner of Public Works, Parks, and
Streets as appropriate to enter into any and all agreements and take all steps necessary to accomplish all of the forgoing and related
measures.
Actual effectuation by DPW of the components of the Resolution, City execution of the Betterment Project Agreement and City execution of
the Agreements for Advance Payment will be subject in each case to any and all other City related clarifications, approvals and requirements
being in place.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated
July 18, 2014, be received and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into a Betterment Project Agreement
with the New York State Department of Transportation ( "NYSDOT ") in connection with the NY Gateway Connection Improvements to the U.S.
Peace Bridge Plaza Project and to authorize payment in the amount of $456,991.00 for the City of Buffalo's local share obligation; and
That the Common Council hereby authorizes the Mayor and /or the Commissioner of the Department of Public Works, Parks and Streets, to
enter into a Betterment Project Agreement subject only to such City related approvals and clarifications as are required or recommended by
the City's Law Department and Department of Public Works, Parks and Streets' personnel; and that the Common Council hereby authorizes
the Mayor and /or Commissioner of the Department of Public Works, Parks and Streets to enter into agreements for advanced payment with
respect to pending NYSDOT takings of temporary easements, permanent easements, and fee interest in City of Buffalo owned properties in
and around the Peace Bridge Plaza project area; and
That the Common Council hereby authorizes the Mayor and /or the Commissioner of the Department of Public Works, Parks and Streets to
enter into any and all agreements and take all steps necessary to accomplish all of the foregoing and related measures.
PASSED
AYES Fontana, Franczyk, LoCurto, Pridgen, Rivera, Scanlon, Smith, Wyatt — 8
Noes Golombek — 1
NO. 3
J. MOLEK, AGENT, USE 1436 HERTEL TO ERECT AN OPEN BALCONY FOR SIT IN RESTAURANT WHICH PROJECTS ON THE CITY
ROW
(HRG 6/17)(DEL)(14- 1266,6/10)
Mr. Scanlon moved:
1435 Hertel - Open Balcony Projecting over /on to City Right of Way - Conditions to Approval
I. Owner of 1435 Hertel and restaurant operator (owner /operator) to jointly and severally enter into a revocable license agreement with the City
with regard to the balcony and operation of the balcony (and ultimate removal of the balcony) to be situate over City ROW.
II. Terms and provisions of the revocable license agreement must be acceptable to the City Law Department and the City Department of
Public Works, Parks and Streets and at a minimum shall include:
- The owner /operator of 1435 Hertel shall have all obligations of construction, maintenance, repair, responsible operation (and ultimately pay
for the costs of balcony removal), unlimited indemnification by owner /operator in favor of City (and the Buffalo Sewer Authority) and
responsibility for all liabilities associated with the balcony and these obligations shall also run with the land known as 1435 Hertel. The
revocable license agreement shall be recorded at the owner /operator's expense in the Erie County Clerk's Office in such form as shall cause
each of the owner /operator obligations to run with the land known as 1435 Hertel;
- Owner /operator must provide financial security to the City securing to the City the owner /operator's obligation to remove the balcony at the
direction of the City. The City shall have the unilateral right to direct owner /operator to remove the balcony at any time. City's directive for
balcony removal can be issued with or without cause, it being expressly understood by owner /operator that the license agreement is revocable
by City at any time with or without cause. In furtherance of the foregoing, City shall have the unilateral right to remove the balcony at any time
and City shall not have any obligation to salvage the component parts for owner /operator. If City removes the balcony, owner /operator shall
reimburse the City's costs.
- Owner /operator shall engage an engineer or other qualified individual to perform a utilities analysis associated with the proposed balcony
with emphasis on Buffalo Sewer Authority requirements (Note: BSA requires that the owner /operator agree to remove the balcony at
owner /operator's expense if the balcony obstructs BSA's field activities). Owner /operator shall also comply with all the requirements of all
utilities impacted by the proposed balcony;
- Owner /operator shall provide evidence of general liability insurance and excess liability insurance (with aggregate coverage limits in the
amount of at least $5,000,000) and automobile liability insurance in the amount of at least $1,000,000. City and BSA shall be named as
additional insureds. Owner /operator shall also provide evidence of liquor liability in the amount of at least $2,000,000 with the City (and BSA)
named as additional insured. Each such policy shall be issued by an insurance company admitted in New York State. Coverage limits can be
adjusted in the Corporation Counsel's discretion.
- Owner /operator's balcony construction contractor (as well as any repair /maintenance etc. contractor) shall be required to execute an access
agreement with the City containing an unlimited indemnification from the contractor in favor of the City with such contractor supplying at least
the insurance limits coverages set forth above (with the exception of liquor liability) and subject to the discretion of the Corporation Counsel.
Owner /operator to pay City an annual license rental fee in an amount to be established by the City's Division of Real Estate.
Owner /operator is obligated to get all necessary construction permits as required by City Department of Permit and Inspection Services.
Owner /operator is also required to get all permits and approvals as are required by the City Department of Public Works, Parks and Streets,
including but not limited to temporary sidewalk closure permits for construction and etc. City Department of Public Works approval is also
required for the overall design and methodology for balcony installation /construction and as to orientation within /above the City ROW.
- No ROW access for construction purposes by owner /operator shall be deemed granted by City unless and until City DPW gives the final
go -ahead in writing.
PASSED
AYES 9, NOES 0
NO. 4
191 ALLEN CREATE ADDITIONAL PATIO AREA
WITHDRAWN
NO. 5
A. IBRAHIM, AGENT, USE 2222 GENESEE ST FOR A RETAIL STORE IN AN EXISTING
CLOTHING STORE IN THE GENESEE DELAVAN SPECIAL DISTRICT
(HRG 7/29)(LOV)
Mr. Scanlon moved:
That the above item be, and the same hereby is, returned to the Common Council with a recommendation that it be approved;
That the Common Council hereby authorizes the Commissioner of Economic Development, Permit and Inspections Services to issue a
restricted use permit to A. Ibrahim, Agent, to add a retail store to an existing clothing store in the Genesee - Delavan Special Zoning District
subject to the conditions that there be no beer or alcohol sales, no tobacco sales and no drug paraphernalia sales.
PASSED
AYES 9, NOES 0
NO. 6
BY: COUNCILMEMBER RIVERA
WAIVER OF FEES FOR "EID AT THE PARK"
Whereas, H.E.A.L. - International is a non - profit organization located at 233 W. Ferry; and
Whereas, on July 28, 2024, H.E.A.L will be hosting an event "Eid at the Park" to celebrate the end of Ramadan, and
Whereas, H.E.A.L will be celebrating at Front Park and from 8am to 12pm.
Now, Therefore, Be It Resolved, the Common Council approves the waiving of the Special Events fee associated with this event; and
Be It Finally Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department and to the
Mayor's Special Events Office.
PASSED
AYES 9, NOES 0
NO. 7
BY: COUNCILMEMBER RIVERA
WAIVER OF FEES FOR "SENECA NATION BUFFALO RESOURCE CENTER SUMMER CAMP"
Whereas, Seneca Nation Buffalo Resource Center ('SNBRC ") is a non - profit organization located at 135 Delaware Ave; and
Whereas, from July 7, 2014 - August 8, 2014, The SNBRC will be hosting its summer camp at Front Park; and
Whereas, The summer camp is a free service for native and non - native children.
Now, Therefore, Be It Resolved, the Common Council approves the waiving of the Special Events fee associated with this event; and
Be It Finally Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department and to the
Mayor's Special Events Office.
PASSED
AYES 9, NOES 0
NO. 8
BY: MR. SCANLON
ORD AMEND CH 175 FEES BUILDING PERMITS
Ordinance Amendment
§ 175 -1 Enumeration of Fees
The Common Council of the City of Buffalo does hereby ordain as follows:
Section 1. That §175.1 of Chapter 175 of the Code of the City of Buffalo be amended by adding a new § 103 -12 to read as follows:
§103 -12 Building Permits
Express Plan Review:
$500.00
For any part of the first two hours of express plan review:
$200.00, plus
Per hour, for each subsequent hour or part thereof:
$100.00
Off -hour inspections:
$900.00
For any part of the first two hours of inspection
$200.00, plus
Per hour for each subsequent hour or part thereof
$100.00
Excessive submissions of plans (re- review charge)
cost of work)
For the second and each subsequent re- review
$600.00
Residential Construction Fees - detached 1 and 2- family
dwelling
Permits are required for all work that is not listed as 'permit not required' in Section 103 -.2.3 of the City Charter
Application Fee
Chimney work
25.00
Above - ground pool, spa, over 2 feet deep
Plan Review Fee (if work requires plans) (includes M /E /P
plan review fees) 20% of Permit Fee $25.00 minimum
Permit Fee
New residential bui /dinas (fees determined by area created
One - family dwellinas
1,000 sq. ft. or less of floor area
$500.00
1,001 sq. ft. to 3,000 sq. ft. of floor area
$600.00
3,001 sq. ft. to 5,000 sq. ft. of floor area
$750.00
5,001 sq. ft. of floor area and over
$900.00
Two - family dwellings
$1000.00
Townhouses, permit
$500.00
Additions, alterations, and repairs to residential structures (fees determined by
cost of work)
Cost per $1,000. Of construction cost
$5. Per $1,000.
Freestanding signs under 6 feet in height
$50.00 minimum
Flat fees (fees determined by each type of Work - fees are added together)
$25.00
Chimney work
$25.00
Above - ground pool, spa, over 2 feet deep
$50.00
In- ground pool, spa, pond, over 2 feet deep
$150.00
Fence requiring a permit (overheight, etc.)
$25.00
New or expanded parking area and /or driveway
$25.00
Alternative energy systems
$75.00
Interior tear -out
$25.00
Sheds and garages over 144 square feet and under 600 square feet
$75.00
Demolitions (fees determined by unit)
With occupancy / use class change
Demolition of a one or two - family dwelling
$300.00
Demolition of a detached accessory structure over 144 sq. ft.
$75.00
Use Permit Fee
With use change
$25.00
Add or remove incidental home occupation
$25.00
Commercial Construction Fees - All building except detached 1 and 2- family dwellings
Permits are required for all work that is not listed as permit 'not required' in Section 103 -2.3 of the Buffalo City Charter
Commercial construction Permit Fees are found using the mean construction cost from the 'Calculating Mean Commercial Construction Cost'
form: the 'Building Construction Values' table on this form is based on the current 'Building Valuation Data' table from the International Code
Council, which adjusts semi - annually to the current Consumer Price Index.
Use the mean construction cost for the Permit Fee section Only.
Application Fee
$50.00
Plan Review Fee (if work requires plans)
$0.50 per $1,000. of construction cost or portion thereof
$50.00 minimum
Permit Fee
New construction. additions. chanae of use. alterations'
construction cost up to $500,000.
$6.00 per $1,000. of cost $100.00 minimum
construction cost from $500,001 to $5,000,000.
$4.00 per $1,000. of cost, plus $1,000.
cost, plus $1,000.
construction cost $5,000,001. and over
$3.00 per $1,000. of cost, plus $6,000.
Flat fees Flat fees are for specific small types of work- fees for each type
of work done are added.
Awnings (without signage)
$75.00
Flat wall signs
$50.00
Protecting wall signs and awning signs
$75.00
Freestanding signs under 6 feet in height
$50.00
Sign face replacement, existing signs (except L.E.D. faces)
$25.00
Tank installation or removal
$300.00
Communication antennas and dishes, co- location
$100.00
Fence requiring a permit (overheight, etc.)
$50.00
Temporary trailer (over 10 days, up to 1 year)
$200.00
Sheds and garages 600 square feet and under
$100.00
Demolitions
Demolition of a commercial structure
$0.12 per sq. ft. $250.00 minimum
Any demolition that takes place without a proper permit shall be assessed a penalty in the amount of $1,500.
Use Permit Fee
With occupancy / use class change
$50.00
Fees for new construction. additions. and alterations or chanae of use involvina
over 50% of the buildina.
§2. Section 103 -12 of section 175.1 of the Buffalo City Code, as last amended September 20, 2005, is hereby REPEALED
§3. This ordinance shall be effective immediately
Underlined material is NEW. Material in brackets [ ] is DELETED
APPROVED AS TO FORM
TIMOTHY A. BALL
Corporation Counsel
By: Alan P. Gerstman
Asst. Corporation Counsel
Mr. Scanlon moved:
That the above item be, and the same hereby is, returned to the Common Council with a recommendation that it be approved;
That the part of the Code of the City of Buffalo, Chapter 175, §175.1, as it relates to enumeration of fees, building permits, be amended as
specified in the attached Ordinance Amendment.
By: Mr. Scanlon moved:
That the above item be, and the same hereby is, returned to the Common Council with a recommendation that it be approved:
That the part of the Code of the City of Buffalo, Chapter 175, §175.1, as it relates to enumeration of fees, building permits, be amended as
specified in the attached Ordinance Amendment.
PASSED
AYES Franczyk, Golombek, LoCurto, Pridgen, Rivera, Scanlon, Smith, Wyatt - 8
NOES Fontana - 1
NO. 9
ORD AMEND CH 175 FEES TOWING & STORAGE
Ordinance Amendment
§175 -1 Enumeration of Fees
The Common Council of the City of Buffalo does hereby ordain as follows:
Section 1. That §175.1 of Chapter 175 of the Code of the City of Buffalo be amended by amending Chapter 413 thereof to read as follows:
Chapter 413, Streets and Sidewalks
§ 413 -4, placement of dumpster on street, roadway or public place [$12.00] $24.00
§ 413 - 19, pavement opening and replacement
Pavement opening [$35.00] $70.00
Deposit to cover cost of pavement replacement [$87.00] $174.00
Cutting street where the pavement has been certified as inexpedient to [$14.00] $28.00
repair, per opening
§ 413 -37, temporary storage of materials or temporary structures in sidewalk space or roadway
Parking control signs [$0.15 /sign]
$ 0.30/sign
Meter bags [$0.50 /meter bag]
$1.00 /meter bag
30 -day permit, per foot [$0.35] $0.70
Minimum [$12.00] $24.00
Sidewalk or roofing contractor annual permit [$105.00) $210.00
§ 413 -41, operation of vehicles over the weight limitations in § 385 of State Vehicle and Traffic Law
Inspection
For the first mile or fraction thereof traveled by such vehicle on street [$12.00] $24.00
plus
For each additional mile
[$6.00] $12.00
Annual permit, per annum
[$400.00] $800.00
§ 413 -46, construction or reconstruction of sidewalk permit, per lot frontage
$2.10
§ 413 -59, sidewalk cafes
For annual license
To be paid per square foot encroaching upon the City right -of -way
$1.30
Maximum
$750.00
All other temporary encroachments
Per day
$50.00
Per year
$250.00
§ 413 -61, inspection of work done by other than public utility corporation
[$60.00] $120.00
holding franchise from City, per hour for each inspector required,
with minimum of 1 hour per inspection
§ 413 -62, inspection of work done by public utility holding franchise from
[$82.50[ $165.00
City per hour for each inspector required, with minimum of 1 hour per inspection
§ 413 -63, permits
To construct canopy or marquee
For first 50 square feet of horizontal area
[$46.00] $92.00
For each additional 50 square feet or fraction thereof of horizontal area
[$23.00] $46.00
To construct a sidewalk vault for each 50 square feet or fraction thereof
[$37.00] $74.00
of City -owned land occupied by such vault
To construct a curb opening
12 feet and under in length, for each opening
[$18.00] $36.00
Over 12 feet in length, for each opening
[$40.00] $80.00
To construct a new sidewalk
[$23.00] $46.00
To make an opening between the curb and property line not entering the
[$23.00] $46.00
roadway for the installation of repairs of sewer and water connections and
for the installation of service pipes to abutting property from gas mains laid
in the sidewalk area, for each such opening; provided, however, that
where a permit to open a pavement in front of the premises has been
obtained in connection with the same work, no further permit for openings
between the curb and the property line shall be required
[$23.00] 46.00
To make an opening in the pavement for installation or repair of
sewer, water or gas connections, for each such opening
[$37.00] $74.00
To install, remove or replace a fuel oil tank, for each 550 gallons
or fraction thereof of tank capacity
To remove or replace an existing gasoline tank, for each such tank
[$23.00] $46.00
To perform any other work
[$23.00] $46.00
§ 413 -67, encroachments (Last amended 7 -20 -2004, effective 8 -2 -2004)
Block party permit
[$12.00] $24.00
Other street closings
1 block
[$25.00] $50.00
Each successive block
[$15.00] $30.00
§2. That §175.1 of Chapter 175 of the Code of the City of Buffalo be amended
by amending Chapter 414 thereof to read as follows:
Chapter 414, Special Events
§414- 10D(5), services
Costs for services rendered to sponsor of special event
Actual cost incurred by the City
Parking control signs
[$0.15 /sign] $0.30/sign
Meter bags
[$0.50 /meter bag]
§ 414 -101, parade, motorcade and race
$1.00 /meter bag
$50.00
§3. That §175.1 of Chapter 175 of the Code of the City of Buffalo be amended by amending §479 -2 thereof to read as follows:
§ 479 -2, storage and towing of vehicles
Load zone permits, per linear foot [$5.00] $10.00
Renewal, per linear foot [$5.00] $10.00
§4. That §175.1 of Chapter 175 of the Code of the City of Buffalo be amended by amending §254 -8 thereof to read as follows:
§ 254 -8, permit for garage sale, if more than 3 sales per calendar year [$10.50] $21.00
§5. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter.
APPROVED AS TO FORM
TIMOTHY A. BALL
CORPORATION COUNSEL
By: Alan P. Gerstman
Asst. Corporation Counsel
Underlined material is new. Material in brackets [ ] is repealed.
Mr. Scanlon moved:
That the above item be, and the same hereby is, returned to the Common Council with a recommendation that it be approved;
That the part of the Code of the City of Buffalo, Chapter 175, §175.1, as it relates to enumeration of fees, streets and sidewalks, be amended
by amending Chapter 413, as specified in the attached Ordinance Amendment.
PASSED
AYE 9, NOES 0
NO. 10
ORD AMEND CH 175 FEES TOWING & STORAGE
Ordinance Amendment
§ 175 -1 Enumeration of Fees
The Common Council of the City of Buffalo does hereby ordain as follows:
Section 1. That §175.1 of Chapter 175 of the Code of the City of Buffalo be amended 307 -8 thereof to read as follows:
§ 307 -8, towing and storage
For towing all 2 -axle vehicles, motorcycles, boats, small trailers or $110.00 [$90.00]
mobile homes under 25 feet in length to impound area
For each day of storage or fraction thereof after the first 24 hours $30.00 [$25.00]
For towing tractor truck with or without trailer or vehicles over $136.00, plus
25 feet to impound area
For each day of storage or fraction thereof $14.00
Minimum charge for retrieving and towing any lost, abandoned $136.00
or stolen vehicle from any body of water, gully, ditch or underpass,
but charges above the minimum shall not exceed those authorized
under Chapter 479, Article 11, of the Code
For mini -tow (tow 500 feet or less), which includes a fine of 40.00
$10 for violation of parking or standing prohibition pursuant
to § 307 -11 of Chapter 307
For mini -tow (tow 500 feet or less), which includes a fine of $40.00
$15 for violation of parking or standing prohibition pursuant
to § 307 -11 of Chapter 307
For towing motor vehicle parked without authorization in
space reserved for the handicapped, or for towing motor $136.00
vehicle parked alongside or obstructing a curb area which has
been cut down, lowered or constructed so as to provide
accessibility to the sidewalk
§ 2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter.
APPROVED AS TO FORM
TIMOTHY A. BALL
CORPORATION COUNSEL
By: Alan P. Gerstman
Asst. Corporation Counsel
Underlined material is new. Material in brackets [ ] is repealed.
Mr. Scanlon moved:
That the above item be, and the Same hereby is, returned to the Common Council with a recommendation that it be approved;
That the part of the Code of the City of Buffalo, Chapter 175, § 175.1, as it relates to enumeration of fees, towing and storage, be amended by
amending Chapter 307 -8 thereof, as specified in the attached Ordinance Amendment.
PASSED
AYES 9, NOES 0
NO. 11
ORD AMEND CH 387 SIGNS
Recommended by the Committee on Legislation
Ordinance Amendment
§ 387 -6 - Sponsor Acknowledgments in Martin Luther King and Riverside Parks
The Common Council of the City of Buffalo does hereby ordain as follows:
Section 1. Section 387 -6 of the Buffalo City Code is hereby amended to read as follows: Section 387 -6:
[A.] Notwithstanding any other provision of the Code, no sign or advertising matter of any description, other than a sign regulating street traffic,
shall hereafter be erected or placed on parkland or a public place dedicated for monument proposes and upon which a public monument has
been erected.
[B. 1. Martin Luther King and Riverside Parks are part of the City park system designed by Frederick Law Olmsted. The Olmsted park system
is a historic cultural landscape for which the Common Council serves as trustee. It is a listed in the National Register of Historic Places as a
landscape of national significance. It is a designated City landmark, all alterations to which are subject to review and approval by the city
preservation board. Since 1871, in keeping with Frederick Law Olmsted's vision, the City of Buffalo has prohibited all signs and all advertising
of every nature, including banners, in order to protect the public view of and enjoyment of the naturalistic landscapes created by America's
preeminent landscape designer. It is the purpose of the Common Council to maintain the integrity of this historic cultural landscape for the
benefit of the people of the City of Buffalo.
2. The Olmsted Parks Conservancy is a not - for - profit corporation that manages the operations of the Buffalo Olmsted Parks pursuant to the
tells of a management contract with the City of Buffalo and subject to the ordinances of the City. In order to further its corporate purpose the
Buffalo Olmsted Parks Conservancy seeks to encourage private donations to make gifts designated for the operation, maintenance and
improvement of the City's Olmsted Parks. This work is to the mutual benefit of the City and the Buffalo Olmsted Parks Conservancy. The
Common Council seeks to encourage the Conservancy's work in promoting private giving for the betterment of the parks. As a part of this
effort, the Buffalo Olmsted Parks Conservancy has proposed a donor sponsorship program for the Martin Luther King Park that includes
placement of banners around the main water feature of the Martin Luther King Park, such banners to include an acknowledgment of the gifts
of private donors for the support of maintenance and programming of Martin Luther King Park.
3. The Olmsted Parks Conservancy shall be permitted to place banners acknowledging such gifts around the Martin Luther King Park wading
pool and along the outer perimeter of Riverside Park on Vulcan Street, Tonawanda Street, Crowley Avenue and Niagara Street, as well as
along Hotaling Drive within Riverside Park, subject to the following conditions: a. that the placement of banners shall not block or detract from
public view and enjoyment of the Olmsted designed vistas and perspectives of the parks; b. that the design and placement shall be subject to
review and approval of the Buffalo Preservation Board; c. that the Commissioner of Public Works, Parks and Streets shall establish rules,
subject to the review and approval of the Common Council, for the location, construction, installation and maintenance of such signs; d. that
such signs shall not contain any trademark, service mark or other advertising symbol; e. that such signs shall be not be permitted to become
worn, tattered or unsightly; f. that proceeds from such sponsorship banners shall be applied exclusively to the operation and maintenance of
the park features for which sponsors donate funds; and e. that such sponsorship banners shall be removed after three years of the their initial
installation.]
§2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter.
APPROVED AS TO FORM
TIMOTHY A. BALL
CORPORATION COUNSEL
By: Alan P. Gerstman
Asst. Corporation Counsel
Underlined material is new. Material in brackets [ ] is repealed.
Mr. Scanlon moved:
That the above item be, and the same hereby is, returned to the Common Council with a recommendation that it be approved;
That the part of the Code of the City of Buffalo, Chapter 387 -6, Chapter 316, as it relates to Olmsted park banner provisions be amended as
specified in the attached Ordinance Amendment.
PASSED
AYES 9, NOES 0
NO. 12
ADJOURNMENT
On a motion by Mr. Smith, seconded by Mr. Golombek at P.M.
GERALD A. CHWALINSKI
CITY CLERK