White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING MARCH 4, 2013 7:30 P.M. PLEDGE TO THE FLAG: Hon. John Kirkpatrick ROLL CALL: City Clerk APPOINTMENTS: 1a. Communication from Council President recommending the appointment of Kim Holland as a member of the Conservation Board to a term which will expire on March 2, 2014. F/S/A 1b Communication from the Mayor recommending Kelli Higgs as a member of the White Plains Cable Television Access Commission to a term which will expire on June 30, 2015. F/S 1c. Resolution of the of the Common Council of the City of White Plains appointing a member of the White Plains Cable Television Access Commission, Inc., ADOPTED ADJOURNED PUBLIC HEARINGS: 1. Public Hearing in relation to the approval of an amendment to the White Plains Section 8 Program Administrative Plan. OPEN/CLOSED 2. Communication from Commissioner of Planning F/S 3. Resolution adopting amendments to the City of White Plains Section 8 Program Administrative Plan with respect to the termination of Housing Assistance Payments due to insufficient funding. TABLED 4. Public Hearing in relation to the application submitted on behalf of La Gianna, LLC (“Applicant”) for an amendment to a previously approved site plan to  construct a 56 unit rental apartment located at 8 - 14 DeKalb Avenue (corner of DeKalb and Maple Avenues), including 76 parking spaces, in a site containing environmentally sensitive features, in accordance with Sections 4.4.25 and 7.4.5 of the Zoning Ordinance of the City of White Plains. OPEN/CLOSED ITEMS 5 - 9 TABLED 5. Communications from Commissioner of Planning 6. Commissioner of Public Works 7. Communication from Environmental Officer 8. Environmental Findings Resolution 9. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of La Gianna, LLC, (“Applicant”), for an amendment to a previously approved site plan for a 125 foot/twelve story, eighty-six (86) unit condominium residence project formerly known as “The Metropolitan” located at 8 - 14 DeKalb Avenue (Corner of DeKalb and Maple Avenues) and originally granted Special Permit/Site Plan Approval on February 6, 2006, and extended for additional one (1) year periods by resolutions adopted March 5, 2007, June 2, 2008, March 2, 2009, March 1, 2010, and April 2, 2012, to now be known as “La Gianna Apartments” consisting of a new fifty-six (56) unit rental apartment building, containing twenty-four (24) two (2) bedroom, twenty-eight (28) one (1) bedroom and four (4) studio rental apartments, including seventy- six (76) parking spaces, agt a height of five (5) stories and approximately fifty-eight (58) feet in the RM-0.35 Zoning District, with the required affordable units under the White Plains Affordable Rental Housing Program and a “Parklet” now owned by the City of White Plains to be constructed, landscaped and maintained by the Applicant La Gianna, LLC, and made available to the neighborhood. 10. Public Hearing in relation to the application submitted on behalf of Silverman 237,LLC (“Applicant”) for Special Permit/Site Plan Approval for an Accessory Parking Lot adjoining a Business District on the property located at 52-54 Waller Avenue. OPEN/CLOSED ITEMS 11 - 21 F/S 11. Communications from Commissioner of Building 12. Design Review Board 13. Commissioner of Planning 14. Planning Board 15. Commissioner of Public Safety 16. Commissioner of Public Works (2) 17. Commissioner of TraffiC 18. Traffic Commission 19. Commissioner of Parking 20. Westchester County Planning Board 21. Environmental Officer 22. Environmental Findings Resolution ADOPTED 23. Resolution of the Common Council of the City of White Plains approving an application submitted on behalf of Silverman 237, LLC, for a Special Permit/Site Plan Approval pursuant to Section 6.7.14 of the Zoning Ordinance of the City of White Plains for the development of an Accessory Parking Lot adjoining a Business District at the property located at 52-54 Waller Avenue (Section 125.84, Block 9, Lot 6) (“52 Waller Avenue”) and Section 130.28, Block 4, Lot 1 (“54 Waller Avenue”). ADOPTED PUBLIC HEARINGS: 24. Public Hearing in relation to an application submitted by Porter House Bar and Restaurant for the renewal of a Special Permit for Cabaret Use at 169 Mamaroneck Avenue. OPEN/CLOSED 25. Public Hearing in relation to the application submitted by Daniel J. Coughlan, Proprietor, on behalf of Coughlan, Inc., for a renewal of a Special Permit to operate a cabaret at The Coliseum (formerly known as Prophecy), located at 15 South Broadway. OPEN/CLOSED ITEMS 26 - 21 F/S 26. Communications from Commissioner of Building 27. Planning Board 28. Commissioner of Public Safety 29. Commissioner of Public Works 30. Commissioner of Traffic 31. Traffic Commission 32. Commissioner of Parking 33. Public Hearing in relation to an application for a site plan amendment submitted on behalf of St. Gregory the Enlightener Armenian Church, to construct a Sunday School Hall as an addition to the existing Church building at 1131 North Street. OPENED/ADJOURNED TO 4/1/13 Recusal Mr. Krolian. 34. Communication from the City Clerk F/S FIRST READING ORDINANCES: 35. Communication from Corporation Counsel in relation to the settlement of certain tax review proceedings. F/S 36. Ordinance authorizing the settlement of certain tax review proceedings. ADOPTED 7 - 0 37. Communication from Corporation Counsel in relation to a proposed amendment and extension of a PILOT Agreement concerning the former Fortunoff Development (Fortwest, LLC). F/S 38. Ordinance consenting to the amendment of the PILOT Agreement for Bloomingdale Road Investors LLC, with respect to 1 Maple Avenue, Section 126.77, Block 2, Lot 2) (Fortunoff’s) upon certain conditions. ADOPTED 7 - 0 39. Communication from Corporation Counsel in relation to a certain tax review proceeding. F/S 40. Ordinance authorizing the settlement of certain tax review proceedings. ADOPTED 7 - 0 41. Communication from Commissioner of Public Works in relation to a one year contract between the City and the County of Westchester for snow removal from County roads. F/S 42. Ordinance authorizing a one year contract between the City of White Plains and the County of Westchester in relation to snow removal from County roads. ADOPTED 7 - 0 43. Communication from Commissioner of Public Safety in relation to participation in the Westchester County Fire Mutual Aid Plan. F/S 44. Ordinance authorizing the City of White Plains Department of Public Safety - Fire Bureau to participate in the Westchester County Fire Mutual Aid Plan as now in effect and as amended from time to time. ADOPTED 7-0 45. Communication from Commissioner of Building in relation to Outdoor Dining Special Permits and License Agreements between the City and Elements Restaurant, Ron Blacks Bar and Restaurant, Porter House Restaurant, Hudson Grille, and Brazen Fox, and extending the same to December 31, 2013. F/S 46. Communication from Environmental Officer F/S 47. Environmental Findings Resolution ADOPTED 48. Resolution of the Common Council of the City of White Plains amending a resolution adopted September 4, 2012, extending the expiration date of operation of certain Outdoor Dining Special Permit Uses previously approved by the Common Council to December 31, 2012, by further extending said approval until December 31, 2013. ADOPTED 49. Ordinance of the Common Council of the City of White Plains further amending an ordinance adopted November 1, 2010, and amended March 7, 2011, July 5, 2011, December 5, 2011 and September 4, 2012, entitled, “Ordinance of the Common Council of the City of White Plains and Elements Restaurant (MAK Restaurant Corporation), Ron Blacks Bar and Restaurant (Ron Black Real Estate Corporation), Porter House Restaurant (169 White Plains Rest Inc.), Hudson Grille (165 Cafe Corp.), and Brazen Fox (DR&RD Rest Inc.), in connection with access to, or limited use of City property adjacent to the Waller Maple Municipal Parking Lot, associated with Outdoor Dining Special Permit Uses.” ADOPTED 7 - 0 50. Communication from Commissioner of Finance in relation to an ordinance to de- authorize the issuance of serial bonds in the amount of $250,000 originally authorized in the June 4, 2007 ordinance. F/S 51. Bond Ordinance dated March 4, 2013, de-authorizing the issuance of $250,000 aggregate principal amount serial bonds of the City of White Plains, New York, previously authorized on June 4, 2007, to finance the cost of the upgrading of the Orchard Street Pump Station, in and for said City. ADOPTED 7 - 0 52. Communication from Commissioner of Finance in relation to an ordinance to de- authorize the issuance of serial bonds in the amount of $298,500 originally authorized in the June 4, 2007 ordinance. F/S 53. Bond Ordinance of the City of White Plains, New York, dated March 4, 2013, reducing the bonds authorized by a Bond Ordinance dated June 7, 2010, to pay for the cost of the re-construction of the fire suppression (sprinkler) system in the public parking garage located in the White Plains Public Library (Martine Avenue), in and for said City, from $904,000 to $606,000. ADOPTED 7 - 0 54. Communication from Commissioner of Finance in relation to a bond ordinance previously approved on November 1, 2010 in relation to the planning and design of the abandonment of the City’s Gedney Way Landfill, and amending the period of time of probable usefulness from five to twenty years. F/S 55. Bond Ordinance amending a bond ordinance dated November 1, 2010, authorizing the issuance of up to $603,000 aggregate principal amount of serial bonds of the City of White Plains, County of Westchester, State of New York, to finance the costs of planning and design of abandonment of a portion of the City’s Gedney Way Landfill, in and for said City. ADOPTED 7 - 0 56. Communication from Director, Youth Bureau, in relation to a donation in the amount of $2,500 from TD Bank, N.A., in support of the Culinary Arts Program. F/S 57. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to accept, on behalf of the City of White Plains (through its Youth Bureau), a donation in the amount of $2,500 from the TD Bank N.A., to support the Youth Bureau’s Culinary Program and to amend the FY 2012-2013 General Fund Budget to reflect said donation. ADOPTED 7 - 0 58. Communication from Director, Youth Bureau, in relation to an amendment to a previously adopted ordinance to receive a Drug Free Communities Grant in the amount of $125,000, and amending the same to increase the amount by $6,381. F/S 59. Ordinance amending an ordinance adopted October 1, 2012, entitled, “An ordinance authorizing the Mayor or his designee to enter into a contract with the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA), to receive a Drug Free Communities Grant in the amount of $125,000 and to authorize the Budget Director to amend the FY 2012-2013 Youth Development Fund to reflect this Grant.” ADOPTED 7 - 0 60. Communication from Commissioner of Parking in relation to an amendment to the Traffic Ordinance in relation to Parking Meter Rates. TABLED 61. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to increasing off-street parking meter rates in the downtown, outlying, and commuter zones and the White Plains Center Garage. TABLED 62. Communication from Chairman, Traffic Commission, in relation to proposed amendments to the Traffic Ordinance at various locations around the City. F/S 63. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to modifying a “One Hour Meter Parking” Zone on the north sitge of Main Street, a “Handicapped Parking Spaces-Streets” on the north site of Main Street, a “Handicapped Parking Spaces-Streets” on the west side of Court Street, and creating a ‘No Parking” on the east side of Reynal Road. ADOPTED 7 - 0 RESOLUTIONS: 64. Communication from Corporation Counsel in relation to an application for a Special Permit for Outdoor Dining, submitted by Moises Mera on behalf of  Gaucho Grille, located at One North Broadway. F/S 65. Communication from Commissioner of Building. F/S AND REFERRED TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DEPT., TRAFFIC COMMISSION, PARKING DEPT., CONSERVATION BOARD, WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. 66. Resolution of the Common Council of the City of White Plains scheduling a public hearing for April 1, 2013, in relation to the application submitted on behalf of Gaucho Grille for a Special Permit for Outdoor Dining on private property located at the front of One North Broadway adjacent to the restaurant entrance. ADOPTED 67. Communication from Corporation Counsel in relation to an application submitted by Esposito’s Ristorante & Pizzeria II, Inc., for a Special Permit for Outdoor Rooftop Dining at 359-369 Mamaroneck Avenue, and scheduling a public hearing for April 1, 2013. F/S 68. Communication from Commissioner of Building. F/S AND REFERRED TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DEPT., TRAFFIC COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. 69. Resolution of the Common Council of the City of White Plains scheduling a public hearing for April 1, 2013, in relation to the application submitted on behalf of the applicant 359-369 Mamaroneck Avenue LLC, d/b/a Esposito’s Ristorante & Pizzeria II, Inc., for a renewal of a Special Permit for Outdoor Dining on the rooftop at Esposito’s Restaurant located at 359 Mamaroneck Avenue. ADOPTED (Recusal: Mr. Kirkpatrick). 70. Communication from Commissioner of Planning in relation to the New York State Restore Grant Award and an agreement with the New York State Division of Housing and Community Renewal to administer the Elderly Emergency Home Repair Program. F/S 71. Resolution of the Common Council of the City of White Plains authorizing the Mayor to enter into a contract, on behalf of the City of White Plains, with the New York State Division of Housing and Community Renewal for receipt of funds under the New York State “Restore” Elderly Emergency Home Repair Program. ADOPTED 72. Communication from the Mayor in relation to the certification of a Home Rule  Request seeking enactment of State legislation to amend the General Municipal Law to establish the White Plains Industrial Development Agency. F/S 73. Resolution of the Common Council of the City of White Plains authorizing the certification of a Home Rule Request seeking enactment of State legislation amending the General Municipal Law to establish the White Plains Industrial Development Agency (Assembly Bill No. A01282) (Senate Bill No. S03717). ADOPTED ITEMS FOR REFERRAL: 74. Communications from Commissioner of Building in relation to applications submitted on behalf of Westchester Healthcare Properties I, LLC, for an extension of a Special Permit/Site Plan Approval for the construction of a 179 bed skilled nursing facility at 116-120 Church Street, (at the corner of Church and Barker Avenue), to be known as White Plains Institute of Rehabilitation and Healthcare, and a proposed Special Permit/Site Plan Amendment changing the size and scope of the project to reduce from 179 beds to 160, from six stories to five; and other reductions. F/S AND REFERRED TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DEPT., TRAFFIC COMMISSION, PARKING DEPT., URBAN RENEWAL AGENCY, WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. 75. Communication from Commissioner of Building in relation to an application submitted on behalf of 120 Bloomingdale Road, LLC, known as The Venue on Bloomingdale Road, for a Special Permit/Site Plan Approval to renovate an existing office building, as well as retail space and restaurant with outdoor dining, on an environmentally sensitive site and in a Special “S” Zone. F/S AND REFERRED TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DEPT., TRAFFIC COMMISSION, PARKING DEPT., CONSERVATION BOARD, WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. (Recusal Mr. Kirkpatrick). ITEMS FOR INFORMATION: 76. Communication from Commissioner of Building in relation to an application submitted on behalf of White Plains Medical Center, for a three year renewal of a Special Permit for an Accessory Parking Lot at 2 - 6 Oakwood Avenue. F/S/A 77. Communications from Commissioner of Building and Corporation Counsel in relation to the application of CFI, Inc., for a Special Permit to operate a “Community Residence” at 37 DeKalb Avenue to be known as Sunrise White Plains. F/S 78. Communication from Commissioner of Building in relation to an application submitted by ABC Sign Corporation on behalf of Albert B. Ashforth Inc., for a Minor Amendment to a previously approved site plan for the installation of a new illuminated exterior wall sign at 1111 Westchester Avenue. F/S/A