HomeMy WebLinkAbout15-0113ss (2)SPECIAL SESSION
January 13, 2015
AT 12:45 P.M.
1. Call for Special Session R &F
2. Agreement — Safety Operating Maint. Traffic 600 -500 Block Main St . APP
3. Ord, Amend Ch. 479 -53 Main St. Pedestrian Mall APP
4. Adjourn R &F
COMMON COUNCIL
CITY HALL — BUFFALO
SPECIAL SESSION
January 13, 2015
at 12 :45 P.M.
PRESENT: Darius G. Pridgen President of the Council, and Council Members
Fontana, Franczyk, Golombek, LoCurto, Rivera, Scanlon, Smith Wyatt- 9.
ABSENT None.
:A Y NO
FONTANA
FRAIVCZYK
JJ.
GOLOMBEK
LOGURTO
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PRIDGEN
RIVERA
SCANLON
SMITH
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WYATT
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[2/3 - 6]
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CITY OF BUFFALO
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January 12, 2015
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
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
cam'' ~z
Darius G. Pridgen
President of the Council
6
GERALD A. CHWALINSKI
City Clerk
Registrar of Vital Statistics
OFFICE OF THE CITY CLERK
MARY H. BALDWIN
Deputy City Clerk
65 NIAGARA SQUARE
ROOM 1308 CITY HALL
BUFFALO, NEW YORK 14202
PHONE: (716) 851 -5431
FAX: (716) 851 -4845
MILLY CASTRO
Deputy City Clerk Vital Statistics
Deputy Registrar of Vital Statistics
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,
UAIXJ417
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
STATE OF NEW YORK
COUNTY OF ERIE) ss:
CITY OF BUFFALO)
appeared
On this 12th day of January 2015, 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.
U4 r AJ; '
Commissioner of Deeds, in and for
the City of Buffalo, N.Y.
My Commission expires 12/31/16
I
a
January 12, 2015
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
Agreement — Safety Operating Maint. Traffic 600 -500 Block Main St
Ord. Amend Ch. 479 -53 Main Str. Pedestrian Mall
We request that this S ecial Meeting be held on January 13, 2015 at 12:45 PM
Pik_
It .
COMMUNICATION TO THE COMMON COUNCIL
To: COMMON COUNCIL Date: January 8, 2015
FROM: Public Works, Parks aAd Streets
DIVISION: Engineering
SUBJECT: 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
500 Blocks of Main Street
PRIOR COUNCIL REFERENCE: none
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 Mail.
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.
Department Head Name: Steven J. Stepniak
Title: Commissioner of Public Works, Parks & Streets
SIGNATURE OF DEPARTMENT HEAD:
06
PASP,170
WA
- in
AGREEMENT
BETWEEN
THE NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC.
AND
THE CITY OF BUFFALO
FOR
SAFETY, OPERATING AND MAINTENANCE ISSUES RELATED TO
THE RETURN OF TRAFFIC TO THE 600 BLOCK OF MAIN STREET AND THE USE
OF THE 500 BLOCK OF MAIN STREET
This Agreement, made and entered into on this day of , 2015, by
and between the NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC. ( "Metro "), a New
York public benefit corporation with its principal office for the transaction of business at 181
Ellicott Street, Buffalo, New York 14203 (a wholly -owned subsidiary of the Niagara Frontier
Transportation Authority), and the CITY OF BUFFALO ( "City "), a New York municipal
corporation with its principal office for the transaction of business at City Hall, 65 Niagara
Square, Buffalo, New York 14202.
Whereas, the Niagara Frontier Transportation Authority ( "NFTA ") and the City entered into a
Master Agreement dated June 14, 1979 providing for, among other things, the construction of
the Light Rail Rapid Transit ( "LRRT ") system on Main Street; and
Whereas, the June 14, 1979 Master Agreement was amended by a Supplemental Agreement
dated July 19, 1979 that extended the NFTA's right -of -way along Main Street to South Park
Avenue (the June 14, 1979 Master Agreement as amended by the July 19, 1979 Supplemental
Agreement is hereinafter referred to as the "Master Agreement "); and
Whereas, the NFTA and the City entered into an Agreement dated June 1, 1989 that referenced
the Master Agreement and provided for the transfer of certain facilities from the NFTA to the
City (hereinafter referred to as the "Mall Turnover Agreement "); and
Whereas Metro and the City entered into an Agreement dated May 3, 2012 that provided for the
transfer of ownership of the Theatre Stations to the City; and
Whereas, Metro and the City entered into an Agreement dated September 2012 that provided
for the construction of the Return of Traffic to the 600 Block of Main Street Project; and
Whereas, Metro and the City entered into an Agreement dated April 2013 that provided for the
construction of the Return of Traffic to the 500 Block of Main Street Project; and
Whereas, the NFTA and the City now wish to memorialize their respective obligations regarding
safety, operations and maintenance for the return of automobile traffic to the 600 Block of Main
Street and the use of the 500 Block of Main Street; and
Whereas, these agreements impact the provisions contained in the Master Agreement and the
Mall Turnover Agreement,
NOW, THEREFORE, in consideration of the mutual promises of Metro and the City, Metro and
the City agree as follows:
Article 1 Purpose
The purpose of this Agreement is to outline the responsibilities of the parties hereto for safety,
operations and maintenance of the 500 and 600 Blocks of Main Street.
Article 2 Definitions
LRRT Improvements A) The existing Light Rail Rapid Transit ("LRRT ") trackbed, 11' -9" west
and east of catenary poles' centerline on Main Street, from Mohawk
Street to the Theater District portal, including all catenary poles with
attachments and wire; all train control, communications and traction
power manholes, vaults, conduits, wire, pull orjunction boxes, cabinets
and related equipment; track drains and grating; as shown on NFTA
LRRT contract drawings:
G -301, G -302, A38 -L -133, A38 -L -134, A38 -L -135, A40 -L -185, A40 -L-
186, A40 -L -187.
B) Two station boarding areas, include ramps, structures, pavements,
ticket vending machines, cabinets, station lighting, communication
equipment, Metro security cameras, bollards, benches and signage
located within the station boarding area's boundaries, as indicated on
NFTA LRRT contract drawings: A38 -A -627, A38 -G -152.
C) Portal structure concrete abutments surrounding tunnel portal on the
east, north and west sides.
D) Clearance indicator lamps located at the end of each boarding area,
including foundation, base, pole, signal and all associated conduit and
wire from the signal to the train control cabinet.
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i
Y
Article 3 Facility Ownership
The City agrees to transfer and Metro agrees to accept right, title, ownership and responsibility
to maintain and replace the following:
Train Control System;
Traffic Signals;
Pedestrian Signals;
Highway /Maintenance gates and enclosures;
Bollards in LRRT Improvements areas;
Portal Railings and Fencing; and
Non - Buffalo Police Department security cameras
Station Enhancements at Fountain Plaza.
Metro acceptance of the above - referenced facilities will occur in accordance with the terms set
forth in the September 2012 and April 2013 Agreements. The parties agree that Metro has the
right to utilize the facilities prior to acceptance for the normal provision of transit service.
Metro acknowledges that the above - referenced facilities were procured with federal funding and
Metro agrees to comply with the useful life provisions associated with said federal funding.
The City agrees to make available and turn over to Metro prior to execution of this Agreement
all warranties, training and maintenance manuals pertinent to the facilities.
Article 4 Safety, Operations and Maintenance Committee
The City and Metro will establish a permanent committee to discuss and implement actions to
address all safety, operational and maintenance issues related to the return of automobile traffic
to the 600 Block. During the first twelve months after the introduction of automobile traffic to the
600 Block of Main Street the Safety, Operations and ( "SOM ") Committee will meet
monthly to review safety, traffic flow and LRRT schedule issues if any and any other
operationallmaintenance issues. The SOM Committee will identify and implement adjustments
to traffic control devices and signage as necessary to safely maximize LRRT and automobile
vehicle traffic flow. After the first twelve months meetings will be held as needed but not less
than every three months. The members of the SOM Committee will be the City's Commissioner
of Public Works, City Engineer and Division B Police Chief, Metro's Director of Public Transit
-3-
and Manager, Rail, the NFTA's Directors, Engineering and HSEQ and Chief of Police and the
Executive Director of Buffalo Place.
Article 5 Operations
5.1 Both parties agree that Metro's operations have priority over all other traffic on Main
Street.
5 In the event at any time that Metro's rail service is delayed by five minutes or more,
Metro reserves the right to temporarily close the 600 Block of Main Street to traffic and/or
prohibit left hand turns from Main Street and /or right hand turns from Chippewa Street until
the delay has been abated, or take such other action as in Metro's discretion is necessary to
ensure priority for Metro's Light Rail vehicles. Both parties agree that systemic delays to the
operation of Metro's Light Rail vehicles is not acceptable and will result in an overall review
of the cause and agreement as to the best solution by the SOM Committee.
55 . The City shall be responsible prior to the introduction of motor vehicle traffic to amend
the current Main Street Pedestrian Mall Ordinance to: (i) permit traffic.on the 600 Block of
Main Street and (ii) permit parking on the 600 Block of Main Street subject to Metro's rights
under this Agreement. The Ordinance will provide that any towing operators the City uses
on Main Street will receive training from Metro regarding operations near the catenary poles
and wires. The speed for all vehicle operations shall be no more than 15 miles per hour.
No operation shall be permitted that will interfere with Metro's catenary poles and wires. For
non -rail vehicles the maximum vehicle weight shall be 6000 pounds and the maximum
vehicle height shall be twelve feet. In the event certain vehicles are required to access the
600 Block of Main Street that cannot meet the height and weight restrictions the ordinance
shall provide for a permitting process which shall include approvals from Metro. The
Ordinance will include winter parking restrictions of no parking 1:30 a.m. to 7:00 a.m.
November 15 to April 1.
5 . Metro shall have the right to remove any vehicle that is impeding Metro's service or
presenting a safety issue with regard to the operation of rail service with the cost to be paid
by the owner of the vehicle.
5_5 Traffic signals will continue to provide Metro's rail vehicles with preemptive passage
along Main Street and shall continue to be operated and maintained by Metro.
5_6 Metro will be responsible for the operation and maintenance of the highway and
maintenance gates allowing traffic to move onto Main Street. Any malfunction of the
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Y
highway gate will result in a default to the closed mode which will prevent vehicles from
accessing Main Street.
5.7 Metro will operate and maintain the LRRT wayside signals.
5.8 The-City will ensure that cross street traffic signals are and remain
coordinated /sequenced with Main Street traffic signals and other traffic control devices as
required to ensure efficient flow of traffic.
5_9 The City will provide Metro with real time viewing of the City's cameras associated with
the return of traffic to Main Street.
5.10 In addition to the schedule delays referenced in section 5.2, Metro has the right and the
ability to close the 600 Block of Main Street for scheduled maintenance, emergency
maintenance and emergency services. For scheduled maintenance, Metro will provide
postings twenty -four hours in advance of street closing or parking restrictions. For all
closings covered by this section Metro will notify the following:
Metro Controller
NFTA Police
City Superintendent of Traffic
Buffalo Place
NITTEC
855 -6400
855 -6405
448 -5330 or 481 -2563
856 -3150
847 -2070
5.11 Metro has primary responsibility with assistance from the City as available for the
removal of disabled vehicles from the LRRT Improvements and/or vehicles that impact
LRRT operations /safety. The NFTA police shall be the initial point of contact. The City will
assist as requested and as practical. Quick response time is of the essence.
5.12 Metro will be responsible for removal of snow from the LRRT Improvements, Main
Street access roads and bike lanes. The LRRT trackbed will be plowed with the snow being
moved to along either side of the bike lanes or along the sidewalks alongside the Portal.
The City will be responsible for the removal of snow from all other areas, including parking
areas, sidewalks and non - station areas. The City's is also responsible to haul snow
resulting from the snow removal efforts to a remote site. No rock salt may be used on
and /or within 100 feet of the LRRT Trackbed.
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p-
5.13 Automobile /bicycle traffic will not be permitted on Main Street during single track
operations. In the future, further discussions will be held with the City, Metro and Buffalo
Place to give consideration to and understand the implications of allowing limited .
automobilelbicycle traffic on Main Street during certain single track operations. At a
minimum, all parties agree that all left hand turns shall be prohibited during single track
operations.
5.14 The NFTA Police, Buffalo Police and City Parking Department have concurrent
jurisdiction to ticket illegally parked automobiles. The City will be responsible for providing
parking signage.
5.15 The City recognizes the LRRT catenary system as a high voltage 750 Vdc power
system elevated above the trackbed.
Article 6 Maintenance
6 Metro is responsible for maintenance of the rails and the pavement as reflected in
drawings G -301 and G -302, annexed hereto as Exhibit A. The City is responsible for all
maintenance of the remaining pavement associated with the LRRT trackbed, including
striping.
6.21n the LRRT station boarding areas bollards will be keyed for Metro use only and the
bollards will be moved by Metro as Metro deems appropriate. Metro will be responsible for
the maintenance of these bollards. In all other areas the bollards will be keyed for the City
use only and the bollards will be relocated by the City as the City deems appropriate. The
City will be responsible for the maintenance of these bollards.
6 . Metro is responsible for the maintenance of the catenary poles, lines and tensioners.
6_4 Metro is responsible for the maintenance of the rail and motor vehicle signals and
controls.
6_5 Metro is responsible for the removal of litter /trash from the LRRT Improvements and the
Main Street access lanes. The City is responsible for removal of litter /trash from the
sidewalks and parking areas. Metro and the City are jointly responsible for removal of
litter/trash from the bike lanes. The City will provide street cleaning services as available to
assist Metro. All surfaces shall be cleaned and litter/trash removed on a regular basis to
ensure the cleanliness of the area.
6_6 Metro is responsible for the maintenance of the train control cabinets.
1J
6 The City shall provide and maintain on a regular basis pavement markings, delineators
and signage for the LRRT Trackbed, Main Street access lanes and parking areas. Metro
shall provide and maintain on a regular basis signage for the LRRT station areas.
6_8 Except where specifically noted otherwise, the party responsible for maintenance shall
do so at that party's sole cost. Metro's maintenance responsibilities for the items being
turned over by the City commences upon acceptance of the item by Metro.
Article 7 Indemnification
The City agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless
Metro and the NFTA and their members, employees and agents from any and all claims, suits,
actions, damages, injuries and costs arising out of and /or resulting from the operation of
automobile and/or bicycle traffic on the 660 Block of Main Street and/or the City's compliance or
lack thereof of its obligations pursuant to this Agreement, except to the extent, if any, caused by
the negligence of Metro, the NFTA, and their members, employees and agents
Article 8 Capital Improvements
Responsibility for capital maintenance and expense shall be as follows:
Metro
Highway and maintenance gates
LRRT Station areas
MI
Station area signage
LRRT Wayside signage
LRRT Catenary System
LRRT Train Control System /Cabinets
LRRT Station Lighting (affixed to the station structure)
Bollards in station areas
Station benches
CitV
Median
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Sidewalks
Bike Lanes
Parking Areas
Main Street Access Lanes
Automobile Vehicle traffic Signage
Non - Station Area signage
Way - Finding Signage
Lighting in non- station areas
Bollards in non - station areas
Portal Automobile Vehicle Warning Signage
Non - Station area benches
Landscape Irrigation
Non -LRRT related electrical cabinets
Metro and the City
The parties agree that they are jointly responsible for capital improvements for the pavement as
reflected on drawings G -309 and G -302, annexed hereto as Exhibit A. The parties will
cooperatively pursue funding opportunities and agree to negotiate the terms of each capital
improvement project for the pavement on a case -by -case basis. Metro is responsible for traffic
signals with assistance from the City as required.
Article 9 Safety Assurance /System Modification
The parties agree to comply with the mitigation factors identified in the overall Hazard Analysis
which comprises the Operational, and all Subsystem Hazard Analysis performed to enable the
return of automobile traffic to the 600 Block of Main Street. The parties agree to comply with the
Mitigation factors attached as Exhibit B [ Exhibit B shall include the complete OHA and SHA's]
to this Agreement as part of the Safety Assurance /System Modification prepared by the City of
Buffalo to enable the return of auto mobile/bicycle traffic to the 600 Block of Main Street.
In
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Except as hereinabove specifically amended, the Master Agreement and Mail Turnover
Agreement remain unmodified, and in full force and effect.
In Witness Whereof, the parties have executed this Agreement as of the date first written above.
NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC.
Kimberley A. Minkel, President
THE CITY OF BUFFALO
Byron W. Brown, Mayor
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This exhibit consists of approximately 150 large
format pages which are available for inspection in
the office of the Commissioner of Public Works,
Parks & Streets, located in Room 502 City Hall.
'AYE* NO
FONTANA
FRANCZYK
* 44
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A T *
GOLOMBEK
LOCURTO
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PRIDGEN
RNERA * yy
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WYATT
[-------- - - - - -]
[MAJ -.5]
[213 - 6]
[314 -
By Mr. P,.d Ae�
Ordinance Amendment
3
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.]
�7'
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 Appartus
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 voles 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 a roval. The NFTA shall forward said with an 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 Mall 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 fron 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
fron 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.
�_q
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.]1 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 Mall designated as the trainway. A tractor -
trailor 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]
[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 desigga paces 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 1S
[11.] 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 Ioading zones established
under this Ordinance upon a showing by the operator of the necessity therefor. Application for a
tem orar vehicle ermit 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 uch 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.
&'TO /A) &UM
ON W. BR WN, MAYOR
APPROVED AS TO FORM
TIMOTHY A. BALL
CORPORATION COUNSEL
Underlined material is new. Material in brackets [ ] is repealed.
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FONTANA
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PRIDGEN
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SCANLON .
WYATT
[MAJ- 5]
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[314 - 7]
No. 4
Adjournment
On a motion by Mr. Smith, seconded by Mr. Lu G E) '-�, , 0 , the Council adj oumed at
P.M.
GERALD A. CHWALINSKI
CITY CLERK