White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING April 1, 2013 7:30 P.M. PLEDGE TO THE FLAG: Hon. Dennis Krolian ROLL CALL: City Clerk APPOINTMENT: 1. Communication from the Mayor in relation to appointments and re-appointments to the Community Development Citizens Advisory Committee to terms which will expire on December 31, 2013. F/S/R ADJOURNED PUBLIC HEARINGS: 2. 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 May 7, 2013 Recusal: Mr. Krolian ITEMS 3 - 9 F/S 3. Communications from Design Review Board 4. Planning Board 5. Commissioner of Public Safety 6. Commissioner of Public Works 7. Dep. Commissioner Parking, Traffic Division 8. Traffic Commission 9. Westchester County Planning Board PUBLIC HEARINGS: 10. Public Hearing 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. OPENED/ CLOSED Recusal: Mr. Kirkpatrick. ITEMS 11 - 20 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 17. Deputy Commissioner of Parking 18. Traffic Commission 19. Commissioner of Parking 20. Environmental Officer 21. Environmental Findings Resolution ADOPTED 22. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of Esposito’s Restaurant & Pizzeria II, Inc., (“Applicant”), located at 359-369 Mamaroneck Avenue, for a renewal of a Special Permit to allow Outdoor Dining on the rooftop subject to the conditions contained herein. ADOPTED 23. Public Hearing 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. OPENED/CLOSED. ITEMS 24 - 35 F/S 24. Communications from Commissioner of Building 25. Design Review Board 26. Commissioner of Planning 27. Planning Board 28. Commissioner of Public Safety 29. Commissioner of Public Works 30. Deputy Commissioner of Parking 31. Traffic Commission 32. Commissioner of Parking 33. Conservation Board 34. Westchester County Planning Board 35. Environmental Officer 36. Environmental Findings Resolution ADOPTED 37. Resolution of the Common Council of the City of White Plains granting the application made on behalf of Gaucho Grille (“Applicant”) located at One North Broadway, for a Special Permit to allow Outdoor Dining on the existing patio area in front of One North Broadway located adjacent to the restaurant entrance subject to the conditions contained herein. ADOPTED FIRST READING ORDINANCES: 38. Communication from Corporation Counsel in relation to the retention of the law firm of Lamb and Barnosky to act as Labor Counsel. F/S 39. Ordinance of the Common Council of the City of White Plains amending an ordinance entitled, “An ordinance authorizing the Corporation Counsel to enter into an agreement with the law firm of Lamb and Barnosky to act as Labor Counsel from July 1, 2012 to June 30, 2013 and providing funds from the General Fund Reserve for Financing.” ADOPTED 7 - 0 40. Communication from Corporation Counsel in relation to a franchise agreement between the City and Neon Optica, Inc., in relation to a change in control. F/S 41. Ordinance authorizing the change of control of RCN Corporation pursuant to existing license agreements between the City of White Plains and Neon Optica, Inc. (Formerly known as Northeast Optic Network, Inc.) Guaranteed by Sidera Networks, Inc., (formerly known as RCN Corporation). ADOPTED 7 - 0 42. Communication from Corporation Counsel in relation to a franchise agreement between the City and Sidera Networks, LLC, in relation to a change in control. F/S 43. Ordinance authorizing the change of control of RCN Corporation pursuant to existing license agreements between the City of White Plains and Sidera Networks, LLC, (formerly known as RCN New York Communications, LLC). ADOPTED 7 - 0 44. Communication from Corporation Counsel in relation to a franchise agreement between the City and Hudson Valley Datanet, LLC, in relation to a change in control. F/S 45. Ordinance authorizing the change of control of RCN Corporation pursuant to existing license agreements between the City of White Plains and Sidera Networks, LLC, (Formerly known as RCN New York Communications, LLC). ADOPTED 7 - 0 46. Communication from Corporation Counsel in relation to a franchise agreement between the City and AboveNet Communications, Inc. and Zayo Group, in relation to a change in control. F/S 47. Ordinance authorizing the change of control of AboveNet Communications, Inc., pursuant to the existing franchise agreement between the City of White Plains and AboveNet Communications.  ADOPTED 7 - 0 48. Communication from Commissioner of Public Works in relation to a transfer of funds to reflect additional costs for emergency building repairs in City Hall. F/S 49. Ordinance authorizing the transfer of funds for the 2012-2013 General Fund Budget in order to reflect additional costs within the Department of Public Works. ADOPTED 7 - 0 50. Communication from Commissioner of Public Works in relation to the closure of certain public streets and appropriate parking restrictions from April 2013 through January 1, 2014 to accommodate various events and festivals sponsored by the City of White Plains, and/or the White Plains Downtown Business Improvement District. F/S 51. Ordinance of the Common Council of the City of White Plains authorizing the closure of certain portions of public streets and designating April 24, 2013 through April 27, 2013, May 5, 2013, June 19, 2013, June 23, 2013, September 4, 2013 through September 8, 2013, and October 13, 2013, as the White Plains Downtown Rising Stars Sidewalk Sales Days; May 5, 2013, as Cinco De Mayo; April 27, 2013 as Sustain White Plains; June 9, 2013 as the 2nd Annual White Plains Downtown Criterium Bike Race; June 19, 2013, as Get on Your Mat for Mental Health Yoga/Health Fair (Rain date June 20, 2013); June 23, 2013 as City Fest; August 6, 2013 as National Night Out on Crime; September 8, 2013 as International Jazz and Food Festival; October 3, 2013 as Oktoberfest; December 31, 2013 and January 1, 2014 as the White Plains New Year’s Eve Spectacular; and every Wednesday from May 1, 2013 through November 20, 2013 as the International Farmers Market. ADOPTED 7 - 0 52. Communication from Commissioner of Finance in relation to the proposed budget for the White Plains Downtown Business Improvement District. F/S 53. Ordinance accepting the 2013-2014 Budget for the White Plains Downtown Business Improvement District and directing the preparation of an Assessment Roll based thereon. ADOPTED 7 - 0 54. Communication from Commissioner of Planning in relation to an amendment to the Community Development Revolving Fund Program and the Affordable Housing Program Budgets by appropriating proceeds from the Sale of 10 Odell Avenue. F/S 55. Ordinance amending the Community Development Revolving Fund Program and the Affordable Housing Program Budgets by appropriating proceeds from the sale of 10 Odell Avenue. ADOPTED 7 - 0 56. Communication from Director, Youth Bureau, in relation to a contract with Elisa DeBernardo, to provide curriculum development and implementation services in connection with the 21st Century Community Learning Centers and the Club Excel and Future Excel Programs. F/S 57. Ordinance amending an ordinance adopted on October 1, 2012, entitled, “An ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to execute on behalf of the City of White Plains a contract with Elisa DeBernardi to provide curriculum development and implementation services for the 21st Century Learning Center Club Excel and Future Excel Programs (TFC13).”ADOPTED 7 - 0 58. Communication from Director, Youth Bureau, in relation to proposed changes to the Schedule of User Fees for Youth Bureau Programs for Fiscal Year 2013- 2014. F/S 59. Ordinance of the Common Council of the City of White Plains establishing and approving a Schedule of User Fees for Fiscal Year 2013-2014 for the White Plains Youth Bureau. ADOPTED 7 - 0 60. Communication from Acting Chairman, Traffic Commission, in relation to proposed changes to the Traffic Ordinance at various locations around the City. F/S 61. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to modifying a Two Hour Meter Parking Zone, on the south side of Doyer Avenue, creating a Handicapped Parking Spaces - Streets on the south side of Doyer Avenue, and creating a Right Turn on Red Prohibited on Bryant Avenue eastbound at North Street. ADOPTED 7 - 0 RESOLUTIONS: 62. Communication from Corporation Counsel in relation to an application submitted by Grace Church Community Center, Inc., for a Special Permit to operate a Social Services Center at 86 - 88 East Post Road and scheduling a public hearing for May 7, 2013. F/S 63. 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. 64. Resolution of the Common Council of the City of White Plains scheduling a public hearing for May 7, 2013, in relation to the application submitted on behalf of Grace Church Community Center (“Applicant”) for a renewal  of a Special Permit to operate a Social Services Center for homeless persons use at 86-88 East Post Road, utilizing the existing basement, first floor and second floor spaces for this purpose. ADOPTED 65. Communication from Corporation Counsel in relation to an application submitted by Grace Church Community Center, Inc., for a Special Permit to operate an Emergency Shelter at 86 - 88 East Post Road and scheduling a public hearing for May 7, 2013. F/S 66. 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. 67. Resolution of the Common Council of the City of White Plains scheduling a public hearing for May 7, 2013, in relation to the application submitted on behalf of Grace Church Community Center, Inc., (“Applicant”) for the renewal of an Emergency Shelter Special Permit, at 86-88 East Post Road on the new third floor. ADOPTED 68. Communication from Corporation Counsel in relation to an application submitted by Grace Church Community Center, Inc., for a Special Permit to operate an Overnight Shelter for the Homeless at 86 - 88 East Post Road and scheduling a public hearing for May 7, 2013. F/S 69. 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. 70. Resolution of the Common Council of the City of White Plains scheduling a public hearing for May 7, 2013, in relation to the application submitted on behalf of Grace Church Community Center (“Applicant”) for a renewal of a Special Permit to operate an Overnight Shelter for the Homeless consisting of nineteen (19) overnight beds, located on the second floor of 86-88 East Post Road. ADOPTED 71. Communication from Commissioner of Finance in relation to the scheduling of a public hearing for May 7, 2013 on the Proposed Tax Budget of the City of White Plains for Fiscal Year 2013-2014. F/S 72. Resolution of the Common Council of the City of White Plains in relation to setting a public hearing for Fiscal Year 2013-2014 Budget. ADOPTED 73. Communication from Corporation Counsel 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, and scheduling a public hearing for May 7, 2013. F/S Recusal Mr. Kirkpatrick 74. Resolution of the Common Council of the City of White Plains (1) reclaiming jurisdiction from the Planning Board over the Special Permit portion of the application submitted on behalf of 120 Bloomingdale Road LLC (“Applicant”) for approval of a Special Permit for the proposed restaurant use component of “The Venue on Bloomingdale Road”, and, (2) scheduling concurrent public hearings for May 7, 2013 in relation to same for a site plan amendment to the B-1 “S” (Special) Zoning District to allow the construction of a proposed project on 120 Bloomingdale Road to be known as “The Venue on Bloomingdale Road” consisting of approximately 47,000 square feet of upscale retail space; 6,000 square feet of restaurant space with outdoor dining; and 334 new parking spaces on two (2) levels above the retail center/restaurant level on a site containing environmentally sensitive features. ADOPTED 6 - 0. Recusal: Mr. Kirkpatrick 75. Communication from Commissioner of Building in relation to an application submitted on behalf of Don Coqui Restaurant, for a Special Permit for Cabaret Use at 107 Mamaroneck Avenue (2). F/S ITEMS 76 - 84 F/S 76. Communications from Commissioner of Planning 77. Planning Board 78. Commissioner of Public Safety 79. Commissioner of Public Works 80. Deputy Commissioner of Parking 81. Traffic Commission 82. Commissioner of Parking 83. Westchester County Planning Board 84. Environmental Officer 85. Environmental Findings Resolution ADOPTED 86. Resolution of the Common Council of the City of White Plains approving the application submitted by DC White Plains LLC on behalf of Don Coqui Restaurant for a one year Special Permit to operate a cabaret on the first floor of property located at 105-107 Mamaroneck Avenue (Section 125.76, Block 5, Lots 18 and 19) subject to certain conditions contained herein. ADOPTED 87. Communication from Commissioner of Planning in relation to an application submitted by Coughlan’s, Inc., for a Special Permit for Cabaret Use at the  Coliseum, 15 South Broadway. F/S 88. Communication from Environmental Officer F/S 89. Environmental Findings Resolution ADOPTED 90. Resolution of the Common Council of the City of White Plains approving the application submitted by Coughlan Inc., on behalf of The Coliseum (“Applicant”) for a one year Special Permit to operate a cabaret located at 15 South Broadway (Section 125.76, Block1, Lot 4) subject to certain conditions contained herein. ADOPTED 91. Communication from the Commissioner of Planning 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. F/S ITEMS 92 - 93 F/S 92. Communications from Commissioner of Public Works 93. Environmental Officer 94. Environmental Findings Resolution ADOPTED 95. 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. ADOPTED 96. Communication from the Mayor in relation to an application by the City of Peekskill for a Local Government Efficiency Grant supporting the Shared Redevelopment Services Program of the Mayors’ Redevelopment Roundtable. F/S 97. Resolution of the Common Council of the City of White Plains in support of an application being submitted by the City of Peekskill for a Local Government Efficiency Grant supporting the Shared Redevelopment Services Program of the Mayors’ Redevelopment Roundtable. ADOPTED 98. Communication from Commissioner of Finance in relation to amendments to the City of White Plains Fiscal Performance Goals. F/S 99. Resolution of the Common Council of the City of White Plains adopting revised Fiscal Performance Goals for the City of White Plains. ADOPTED 100. Communication from Commissioner of Recreation and Parks in relation to an non-exclusive license agreement with Bensidoun USA, Inc., to operate a Farmers Market on property owned by the City of White Plains, on Court Street between Martine Avenue and Main Street. F/S 101. Resolution of the Common Council of the City of White Plains authorizing the Mayor to enter into a non-exclusive license agreement between the City of White Plains and Bensidoun USA, Inc., for the purposes of operating a Farmers Market on real property owned by the City. ADOPTED 102. Communication from Personnel Director in relation to proposed salary changes at the White Plains Housing Authority. F/S 103. Resolution of the Common Council of the City of White Plains for the approval of the compensation for certain positions of the White Plains Housing Authority. ADOPTED ITEMS FOR INFORMATION: 104. Communication from Commissioner of Building in relation to an application submitted by 432 Mamaroneck Co. LLC, for the renewal of a Special Permit for an Accessory Parking Lot adjacent to 442-452 Mamaroneck Avenue (CVS). F/S/A