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HomeMy WebLinkAbout15-0113ssSPECIAL SESSION JANUARY 13, 2015 AT 12:45 P.M. 1. Call for Special Session R &F 2. Agreement - Safety Operating Maim. Traffic 600 -500 Block Main St APP 3. Ord. Amend Ch. 479 -53 Main St. Pedestrian Mall APP 4. Adjourn R &F Present: Darius G. Pridgen President of the Council, and Council Members Fontana, Franczyk, Golombek, LoCurto, Rivera, Smith, Wyatt -8 Absent: Councilmember Scanlon Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York NO. 1 CALL FOR SPECIAL SESSION January 12, 2015 Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Six Councilmembers, dated January 12, 2015 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, and waive the 24 hour notice on January 13, 2015 at 12:45 P.M. for the following purpose: To receive and take appropriate action on: Agreement - Safety Operating Maint. Traffic 600 -500 Block Main St Ord. Amend Ch. 479 -53 Main St. Pedestrian Mall Yours very truly, Darius G. Pridgen President of the Council January 12, 2015 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 January 12, 2015, DARIUS G.PRIDGEN, President of the Common Council, has called a Special Meeting of the Common Council, and has waived the 24 hour notice, to be held in the Council Chambers, City Hall, Buffalo, New York, on January 13, 2015 at 12:45 P.M. for the following purpose: To receive and take appropriate action on all items relating to Agreement - Safety Operating Maint. Traffic 600 -500 Block Main St Ord Amend Ch 479 -53 Main St. Pedestrian Mall Yours very truly, Gerald A. Chwalinski City Clerk 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 RASHEED 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 January 13, 2015 at 12:45 P.M. Demone Smith David A. Rivera David A. Franczyk Richard Fontana Christopher Scanlon Michael J. LoCurto Rasheed NC Wyatt Joseph Golombek Jr STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 12th day of January 2015, 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. Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/16 January 12, 2015 Hon. Darius G. Pridgen President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members 6f 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: Agreement - Safety Operating Maint. Traffic 600 -500 Block Main St Ord. Amend Ch. 479 -53 Main Str. Pedestrian Mall We request that this Special Meeting be held on January 13, 2015 at 12:45 PM Demone Smith David A. Franczyk Christopher Scanlon Rasheed NC Wyatt Michael J. LoCurto Joseph Golombek NO. 2 AGREEMENT BETWEEN CITY OF BUFFALO AND NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC. (METRO) FOR SAFETY, OPERATING AND MAINTENANCE ISSUES RELATED TO THE RETURN OF TRAFFIC TO THE 600 AND 600 BLOCKS OF MAIN STREET Non -light rail vehicular traffic will now be returned to the 600 and 500 Blocks of Main Street for the first time in over thirty years. Motor vehicles will be sharing the track bed with the Metro Rail. This shared roadway means that there will need to be shared maintenance responsibilities. I am requesting that Your Honorable Body authorize a new agreement which outlines the respective obligations regarding safety, operations and maintenance of both the City and Metro with regard to the imminent introduction of "Cars on Main Street" over the recently refurbished light rail transit track. Highlights of this agreement include a roughly even division of responsibility for maintenance and capital replacement and repair expenditures. The agreement also includes an indemnity by the City in favor of Metro. The agreement is also dependent upon approval of an amendment to Section 53 of Chapter 479, Traffic Ordinances of the City of Buffalo allowing the return of motor vehicle traffic to parts of the Main Street Pedestrian Mall. Accordingly, I am requesting that your Honorable Body authorize the Mayor to execute an agreement with Niagara Frontier Transit Metro System, Inc. (Metro) containing the above referenced terms and otherwise conforming generally to the form and substance of the attached agreement, with only such clarifications and modifications as are recommended by the Corporation Counsel's office in conjunction with finalizing the final form of the agreement with Metro for the Return of Traffic to the 600 Block of Main Street. I am further requesting that your Honorable Body also authorize the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the return of motor vehicle traffic to Main Street. Steven J. Stepniak Commissioner of Public Works, Parks & Streets Copy available for review in the City Clerk's Office PASSED AYES 8, NOES 0 NO. 3 BY: MR. PRIDGEN ORDINANCE AMENDMENT The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That Section 53 of Chapter 479 of the Code of the City of Buffalo be amended by amending said section to read as follows: Section 53 MAIN STREET PEDESTRIAN MALL 1. BOUNDARIES The Main Street Pedestrian Mall, to be hereinafter also known [at] as Buffalo Place, shall include the following streets: Main Street between South Park Avenue and Edward - Goodell Streets. Eagle Street between Main Street and Washington Street East and West Mohawk Street between Washington Street and Pearl Street. Lafayette Square, between Washington Street and Main Street 2. TRAFFIC PROHIBITED -ALL TIMES Except as otherwise provided in this section, the following streets shall be closed to all vehicles: Main Street between East and West [Tupper] Mohawk Streets and Church -North Division Street. Main Street between Swan -West Swan Streets and Seneca -West Seneca Streets. Main Street between Exchange Street and Scott Street. Eagle Street from Main Street to the curb 75 feet west of Washington Street. [East and West Mohawk Streets, from the curb 115 feet west of Washington Street to the curb 113 feet east of Pearl Street.] That portion of Main Street between Church -North Division and Swan -West Swan Streets designated as the Trainway. [3. TRAFFIC PROHIBITED -WEEK DAYS Unless otherwise provided for in this section, Main Street between Church -North Division Streets and East and West Huron streets shall be closed to vehicular traffic on Mondays through Fridays from 11:30 a.m. to 2:00 p.m.] [4.]3. EMERGENCY ACCESS Notwithstanding any other provision of this chapter, the following vehicles shall be permitted at all times in all areas of the Buffalo Place Pedestrian Mall, when engaged in emergency activities or activities of the City of Buffalo, NFTA, or Buffalo Place Inc.: Ambulances Fire Apparatus Official Wheel Chair Van carriers while engaged in transporting handicapped persons. Police Vehicles engaged in police work Utility Vehicles while engaged in emergency repair or service Parking Enforcement Vehicles Heating Fuel Delivery Trucks Buses required by the Niagara Frontier Transportation Authority to supplement or replace Light Rail Rapid Transit Service Tow Trucks while engaged in emergency vehicle removal or parking enforcement vehicle removal provided the tow truck operator has received training from NFTA Metro regarding operations near the catenary poles and wires. Official NFTA, Buffalo Place, Inc., or City of Buffalo maintenance vehicles properly identified and equipped with an amber flashing roof light. [5.]4. TRAFFIC REGULATION - TRAINWAY The following must be observed for all vehicles allowed on that portion of the Buffalo Place; Fifteen (15) MPH is the maximum speed at which vehicles may travel on the trainway. No vehicle shall park, stop or stand in the trainway, nor be operated in such a manner as to unnecessarily delay other vehicles or trains. No "U" turns shall be permitted No vehicle in excess of 35 feet shall drive on the trainway, with the exception of NFTA buses. Bicycles, skateboards and other mechanized and non - mechanized vehicles, except for those authorized herein, shall be prohibited from the trainway at all times. All vehicles must enter and exit the trainway at the nearest cross street to their destination in the Buffalo Place Pedestrian Mall while traveling in the sections where traffic is prohibited from using the trainway. No vehicle shall pass a Metro Rail Rapid Transit Train traveling in the same direction. [6.]5. PENALTIES Violations of this section shall be punishable as provided in this chapter. In addition, vehicles stopped, standing or parked in the Buffalo Place Pedestrian Mall in violation of this section or of the Vehicle and Traffic Law of New York State shall be subject to removal by means of towing the same under the direction of a member of the department of police or the Division of Parking Enforcement, or NFTA enforcement authorities. [7.]6. TEMPORARY ACCESS PERMITS Upon written application of the owner, occupant or agent of any property fronting on or adjacent to the Main Street Pedestrian Mall (Buffalo Place), which property requires temporary access from Main Street, the Commissioner of Public Works may grant to such owner, agent or occupant such permission as is necessary to utilize a designated portion of Buffalo Place for loading or unloading purposes, and for vehicles to have access to such loading zone. Application for temporary access permit shall be made at the office of Buffalo Place Inc., which shall forward said application, with recommendations, to the NFTA for interim approval. The NFTA shall forward said application with any additional provisions to the Commissioner of Public Works for final approval. Upon being granted such final approval, said owner, occupant or agent shall be issued a temporary access permit, which shall be affixed to the windshield of the vehicle utilizing said permit. [NFTA Metro Bus /Rail shall be notified of the issuance of all permits.] Temporary access permits shall be issued only where the area to be utilized is suitable for access by the vehicle in question. [8.]7. DESIGNATED LOADING ZONES Upon approval by the Commissioner of Public Works, the following areas shall be designated loading zones in the Main Street Pedestrian Mail area for use by businesses with Main Street access only; Asphalt strip between the trainway and paved zone north of the Metro Rail signal pole indicating the end of the southbound Church Station is designated for the use of stores located at 340, 344 and 352 Main Street. Asphalt strip between the trainway and paving block zone adjacent to the front of the buildings designated as 360, 372, 380, 392 and 400 Main Street Asphalt strip between the trainway and paving block zone adjacent to the front of the building designated as 409 Main Street. Paving area designated for highway loading between the trainway and the planter area adjacent to the front of the buildings designated as 410 and 440 Main Street. Paving area designated for highway loading between the trainway and the planter area adjacent to the front of the building designated as 432 Main Street. Asphalt strip between the trainway and the paving block area north of the Metro Rail signal pole marking the end of the southbound Lafayette Station is designated for use of the businesses located at 472 and 474 Main Street. [Asphalt strip between the trainway and the paving block area adjacent to the front of the buildings designated as 515 and 522 Main Street. Asphalt strip between the trainway and the paving block area adjacent to the front of the building designated as 523 Main Street. Asphalt strip between the trainway and the paving block area adjacent to the front of buildings designated as 535 and 537 Main Street. Asphalt strip between the trainway and the paving block area just south of the Metro Rail Signal pole marking the end of the North bound Theater Metro Station is designated for the businesses located at 639 and 661 Main Street. Paving Block area designed for highway loading adjacent to the front of the building designated as 700 Main Street.] [9.]8. REQUIREMENTS- LOADING ZONES [No loading zone designated pursuant to this section which is adjacent to Main Street between Church -North Division Streets and East and West Huron Streets shall be utilized as such on Mondays through Fridays during the hours of 11:30 a.m. and 2:00 p.m.] It shall be unlawful for the owner or driver of any vehicle to cause or permit the same to be left parked within loading zone established under this section except while being loaded or unloaded and then only for the reasonable time necessary to accomplish such purpose. It shall be unlawful for the owner or driver of any vehicle to cause or permit the same to park a vehicle in a loading zone established under this section less than two (2) feet from that area of the Buffalo Place Pedestrian Mall designated as the trainway. No tractor - trailer may enter that portion of the Buffalo Place Mail designated as the trainway. A tractor - trailer may back directly into a designated loading zone within 200 feet of a cross street, provided, however, that the operator of said tractor - trailer shall utilize the services of another person to properly direct traffic during such operation at the cross street. [10.]9. PARKING [PROHIBITED] RESTRICTIONS [Unless specifically permitted under this section, n]No person shall park or stand any vehicle in those areas of the Buffalo Place Pedestrian Mall where traffic is prohibited Parallel parking is allowed at designated spaces adjacent to, yet not to encroach upon, the trainway. Areas where parking is permitted are subject to the established "bus route" restriction of No Parking from 1:30 AM to 7:00 AM between November 15' and April 1 sc. [11.]10. CONSTRUCTION Upon written application of a contractor or utility, the Commissioner of Public Works may grant permission for said contractor or utility for its vehicle(s) to occupy a work site on Buffalo Place, or to occupy loading zones established under this Ordinance, while actually engaged in repair or construction work, upon a showing by the contractor or utility of the necessity therefore. Application for a temporary vehicle permit shall be made at the office of Buffalo Place Inc., which shall forward said application, with recommendation, to the NFTA for interim approval. The NFTA shall forward said application with any additional provisions to the Commissioner of Public Works for final approval. [Notice of such permit shall be given to NFTA.] Upon being granted such final approval, said contractor or utility shall be issued a temporary vehicle permit which shall be affixed to the windshield of the vehicle utilizing such permit at all times while said vehicle occupies said site or loading zone. [12.]11. VEHICLE HEIGHT RESTRICTIONS Vehicles traveling on or occupying space in any portion of the trainway within Buffalo Place shall be limited to the [following] maximum overall height of 12 feet 0 inches, excluding official City of Buffalo, NFTA Metro and Buffalo Place vehicles.[: Between South Park Avenue and Exchange -Upper Terrace Streets: 12 feet 6 inches maximum Between Exchange -Upper Terrace Streets and Tupper Street: 13 feet 6 inches maximum] 12. VEHICLE WEIGHT RESTRICTIONS Non -rail vehicles traveling on or occupying space in any portion of the trainway within Buffalo Place shall be limited to the maximum overall gross vehicle weight of 6,000 pounds, excluding official City of Buffalo, NFTA Metro and Buffalo Place vehicles. 13. RESTRICTED VEHICLE PERMITS Upon written application of an operator whose vehicle cannot meet height and /or weight restrictions established under this Ordinance, the Commissioner of Public Works may grant permission to said operator for its vehicle(s) to access a work site on Buffalo Place, or to occupy loading zones established under this Ordinance upon a showing by the operator of the necessity therefor. Application for a temporary vehicle permit shall be made at the office of Buffalo Place Inc., which shall forward said application, with recommendation, to the NFTA for interim approval. The NFTA shall forward said application with any additional provisions to the Commissioner of Public Works for final approval. Upon being granted such final approval, said operator shall be issued a temporary vehicle permit which shall be affixed to the windshield of the vehicle utilizing such permit at all times while said vehicle occupies said site or loading zone. It is hereby certified that pursuant to §3 -19 of the City Charter that the immediate passage of the foregoing ordinance is necessary. BYRON BROWN, MAYOR APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL Underlined material is new. Material in brackets [ ] is repealed. PASSED AYES 8, NOES 0 NO. 4 ADJOURNMENT On a motion by Mr. Smith, seconded by Mr. LoCurto, the Council adjourned at 1:04 P.M. GERALD A. CHWALINSKI CITY CLERK