White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING May 7, 2013 7:30 P.M. PLEDGE TO THE FLAG: Hon. Milagros Lecuona ROLL CALL: City Clerk LOCAL LAWS: 1. Communication from Commissioner of Planning in relation to Introductory Local Law No. 2 of 2013, and scheduling a public hearing for June 3, 2013. F/S 2. Introductory Local Law No. 2 of 2013. A Local Law establishing a moratorium prohibiting demolition of buildings and structures fifty (50) years old and older in a Light Industrial (L I) Zoning District in the City of White Plains.” OFFERED ONLY 3. Resolution of the Common Council of the City of White Plains scheduling a public hearing for June 3, 2013 in relation to Introductory Local Law No. 2 of 2013, entitled, “A Local Law establishing a moratorium prohibiting demolition of buildings and structures fifty (50) years old and older in a Light Industrial (L I) Zoning District in the City of White Plains.” ADOPTED 4. Communication from Corporation Counsel in relation to Introductory Local Law No. 3 of 2013, and scheduling a public hearing for June 3, 2013. F/S 5. Introductory Local Law No. 3 of 2013. A Local Law to amend Section 250 of Article X of the Charter of the City of White Plains in relation to the powers and duties of the Commissioner of Parking. OFFERED ONLY 6. Resolution of the Common Council of the City of White Plains scheduling a public hearing for June 3, 2013 in relation to Introductory Local Law No. 3 for 2013 amending Section 250 of Article X of the Charter of the City of White Plains in relation to the powers and duties of the Commissioner of Parking. ADOPTED ADJOURNED PUBLIC HEARING: 7. 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. Adjourned to June 3, 2013 Recusal: Mr. Krolian 8. Communication from City Clerk F/S PUBLIC HEARINGS: 9. Public Hearing on the Proposed Tax Budget of the City of White Plains for Fiscal Year 2013-2014. OPENED/CLOSED 10. Public Hearing 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. OPENED/CLOSED ITEMS 11 - 19 F/S 11. Communications from Commissioner of Building 12. Design Review Board 13. Planning Board 14. Commissioner of Public Safety 15. Commissioner of Public Works 16. Commissioner of Traffic 17. Traffic Commission 18. Commissioner of Parking 19. Westchester County Planning Board 20. Public Hearing 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. OPENED/CLOSED ITEMS 21 - 29 F/S 21. Communications from Commissioner of Building 22. Design Review Board 23. Planning Board 24. Commissioner of Public Safety 25. Commissioner of Public Works 26. Commissioner of Traffic 27. Traffic Commission 28. Commissioner of Parking 29. Westchester County Planning Board 30. Public Hearing 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. OPENED/CLOSED ITEMS 31 - 39 F/S 31. Communications from Commissioner of Building 32. Design Review Board 33. Planning Board 34. Commissioner of Public Safety 35. Commissioner of Public Works 36. Commissioner of Traffic 37. Traffic Commission 38. Commissioner of Parking 39. Westchester County Planning Board 40. Public Hearing 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. OPENED/CLOSED ITEMS 41 - 52 F/S 41. Communications from Commissioner of Building 42. Design Review Board 43. Commissioner of Planning 44. Planning Board 45. Commissioner of Public Safety 46. Commissioner of Public Works 47. Commissioner of Traffic 48. Traffic Commission 49. Commissioner of Parking 50. Conservation Board 51. Westchester County Planning Board 52. Environmental Officer 53. Environmental Findings Resolution ADOPTED 54. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of 120 Bloomingdale Road, LLC (“Applicant”) for amended site plan approval under Section 7 of the Zoning Ordinance of the City of White Plains (“Zoning Ordinance”) to construct approximately 47,000 square feet of new upscale retail use to the existing site, currently developed with an approximately 141,427 square foot office building, and for a Special Permit under Section 6 of the Zoning Ordinance to establish restaurants and outdoor dining associated with such restaurants for approximately 53,000 square feet of retail/restaurant use, for the new development to be know as “The Venue” to be located at the approximately 5.8 acre site at 120 Bloomingdale Road, an environmentally sensitive site under Section 4.4.25 of the Zoning  Ordinance (Section 13.21, Block 3, Lot 2.1). ADOPTED 6 - 0. Recusal: Mr. Kirkpatrick FIRST READING ORDINANCES: 55. Communication from Corporation Counsel in relation to the settlement of various tax review proceedings. F/S 56. Ordinance authorizing the settlement of certain tax review proceedings. ADOPTED 7 - 0 57. 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 58. Ordinance authorizing the change of control of Hudson Valley Datanet, LLC, pursuant to existing franchise agreement between the City of White Plains and Hudson Valley DataNet, LLC. ADOPTED 7 - 0 59. Communication from Corporation Counsel in relation to an amendment to Sections 3-4-2 and 3-4-3 of the Municipal Code. F/S 60. Ordinance repealing Sections 3-4-2 and 3-4-3 of the Municipal Code of the City of White Plains pertaining to noise pollution and adding a new Section 3-4-2. ADOPTED 7 - 0 60a. Communication from Corporation Counsel in relation to an amendment to the parking and operation and maintenance agreement by and among the City of White Plains, White Plains Center Local Development Corporation and LC White Plains, LLC. F/S 60b. Ordinance authorizing the Mayor to execute an amendment to the parking and operation and maintenance agreement by and among the City of White Plains, the White Plains Center Local Development Corporation and LC White Plains, LLC. ADOPTED 7 - 0 61. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5376, Lyon Place Garage. F/S 62. Communication from Environmental Officer F/S 63. Environmental Findings Resolution ADOPTED 64. Ordinance of the Common Council of the City of White Plains amending Capital Project No. C5376, Lyon Place Garage. ADOPTED 7 - 0 65. Bond Ordinance dated May 7, 2013, authorizing the issuance of an additional $750,000 aggregate principal amount serial bonds of the City of White Plains, County of Westchester, State of New York, to finance the additional cost of the acquisition and construction of a public parking garage. ADOPTED 7 - 0 66. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5391, Ridgeway Nature Trail and Bryant Avenue Park. F/S 67. Communication from Environmental Officer F/S 68. Environmental Findings Resolution ADOPTED 69. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5391 entitled, Ridgeway Nature Trail and Bryant Avenue Park. ADOPTED 7 - 0 70. Communication from Commissioner of Public Works in relation to an amendment to a previously adopted ordinance to correct the date of Sunday, October 13, 2013, for the Oktoberfest Celebration. F/S 71. Ordinance of the Common Council of the City of White Plains amending an ordinance adopted April 1, 2013 entitled, “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 72. Communication from Commissioner of Public Works in relation to acceptance of a deed from Rosedale Properties, LLC., of the bed of a street named Nikki Drive, as well as related municipal utility easement agreements. F/S 73. Ordinance accepting a deed tendered by Rosedale Properties, LLC, to the bed of a certain street, being Nikki Drive, as shown on a certain filed map entitled, “Subdivision Map prepared for Rosedale Properties, LLC“ and appurtenant municipal utility easements tendered by Houis and Janet Marchese, Joseph B. And Judith Angiolillo and Rosedale Properties, LLC.  ADOPTED 7 - 0 74. Communication from Director, Youth Bureau, in relation to a Memorandum of Understanding with the First Baptist Church, located at 456 North Street, which will allow the use of its greenhouse for the Youth Bureau’s Greening Project during the period April 1, 2013 to September 30, 2013. F/S 75. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee on behalf of the Youth Bureau to enter into a Memorandum of Understanding with the First Baptist Church, located at 456 North Street, whereby the Church will donate the use of its greenhouse for the Youth Bureau Greening Project during the period April 1, 2013 to September 30, 2013. ADOPTED 7 - 0 76. Communication from Director, Youth Bureau, in relation to a contract with the County of Westchester, acting on behalf of the Westchester Putnam Workforce Investment Board, to receive funding to provide Summer Employment Services to youth 18 - 24 years of age. F/S 77. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee acting by and through the Youth Bureau, to enter into a contract with the County of Westchester, acting on behalf of the Westchester Putnam Workforce Investment Board, to receive $5,000 in funding to provide private sector Summer Employment Services to youth 18 - 24 years of age for the period January 1, 2013 to June 30, 2013. ADOPTED 7 - 0 78. Communication from Commissioner of Finance in relation to a non-exclusive master license and service agreement between the City and Online Resources Corporation to provide electronic bill payment processing services. F/S 79. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to enter into a non-exclusive master license and service agreement between the City of White Plains and Online Resources Corporation for the provision of electronic bill payment processing services. ADOPTED 7 - 0 80. Communication from Acting Chairman, Traffic Commission, in relation to proposed changes to the Traffic Ordinance at various locations around the City. F/S 81. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to modifying a “No Stopping 4:00 P.M. to 6:00 P.M.” Zone on the south side of Hamilton Avenue, creating a “Speed of Motor Vehicle, Etc.” for the Westchester Avenue eastbound frontage, and modifying a “Speed of Motor Vehicle, Etc.”, for Westchester Avenue eastbound between the  William Butcher Bridge and the City Line. ADOPTED 7 - 0 81a. Communication from Commissioner of Parking in relation to an amendment to the Traffic Ordinance and increasing off-street parking meter rates in the downtown, outlying, and commuter zones and the White Plains Center Garage. F/S 81b. 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. ADOPTED 7 - 0 RESOLUTIONS: 82. Communication from Corporation Counsel in relation to an application submitted by Kollata Inc., d/b/a Alex’s Bar and Grille, for a Special Permit for Outdoor Dining in the front patio at 577 North Broadway, and scheduling a public hearing for June 3, 2013. F/S 83. 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, ENVIRONMENTAL OFFICER. 84. Resolution of the Common Council of the City of White Plains scheduling a public hearing for June 3, 2013 in relation to the application submitted on behalf of the applicant Kollata Inc, d/b/a Alex’s Bar and Grille, for a Special Permit for Outdoor Dining on private property at the front of the restaurant located at 577 North Broadway. ADOPTED 84a. Communication from Corporation Counsel in relation to an application submitted on behalf of Don Coqui Restaurant, 105 - 107 Mamaroneck Avenue, for a Special Permit for Outdoor Dining in the alleyway adjacent to the building. F/S 84b. 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, ENVIRONMENTAL OFFICER. 84c. Resolution of the Common Council of the City of White Plains scheduling a public hearing for June 3, 2013, in relation to the application submitted on behalf of DC White Plains LLC d/b/a Don Coqui Restaurant (“Applicant”) for a Special Permit for Outdoor Dining on private property in the half of the alleyway between the subject property located at 107 Mamaroneck Avenue, and 131 Mamaroneck Avenue, formerly known as  Mamaroneck Place, and designated as Section 125.76, Block 5, and Lot 22. ADOPTED 84d. Communication from Commissioner of Planning in relation to an Inter-municipal Agreement for a Housing Implementation Fund (HIF) Grant from the County of Westchester in support of the Winbrook Redevelopment - Phase I, affordable housing development located at 223-225 Dr. Martin Luther King Jr. Boulevard. F/S 84e. Resolution of the Common Council of the City of White Plains authorizing the Mayor to submit an application and enter into an Inter-municipal Agreement (IMA) for a Housing Implementation Fund (HIF) Grant from the County of Westchester in support of the Winbrook Redevelopment - Phase I affordable housing development located at 223-225 Dr. Martin Luther King Jr. Boulevard in the City of White Plains. ADOPTED 7 - 0 85. Communication from Commissioner of Building in relation to an application for a site plan amendment submitted on behalf of 15 Water Street, LLC, d/b/a Pepe Cadillac, to construct an expanded vehicle display area along the Water Street frontage of the property located at 15 Water Street. F/S ITEMS 86 - 95 F/S 86. Communication from City Clerk 87. Design Review Board 88. Commissioner of Planning 89. Planning Board 90. Commissioner of Public Safety 91. Commissioner of Public Works 92. Commissioner of Traffic 93. Traffic Commission 94. Commissioner of Parking 95. Environmental Officer 96. Environmental Findings Resolution ADOPTED 97. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of 15 Water Street LLC d/b/a Pepe Cadillac (“Applicant”) for a site plan amendment to allow the expansion of the existing outdoor vehicle display area of the automotive sales and service business along the easterly portion of the frontage located at 15 Water Street. ADOPTED 6 - 0. Recusal: Mr. Kirkpatrick 98. Communication from Commissioner of Building 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. F/S ITEMS 99 - 106 F/S 99. Communication from Commissioner of Planning 100. Planning Board 101. Commissioner of Public Safety 102. Commissioner of Public Works 103. Commissioner of Traffic 104. Traffic Commission 105. Commissioner of Parking 106. Environmental Officer 107. Environmental Findings Resolution ADOPTED 108. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of 169 White Plains Rest, Inc., for a three (3) year renewal of a Special Permit to operate a cabaret at the Porter House Bar and Restaurant, located at 169 Mamaroneck Avenue (Section 125.84, Block 6, Lots 11.1 and 12.1) subject to certain conditions contained herein. ADOPTED 109. Communication from Commissioner of Planning in relation to amendments to the Community Development Rehabilitation Guidelines. F/S 110. Resolution of the Common Council of the City of White Plains approving and adopting revised Community Development Rehabilitation Program Guidelines as part of the Community Development Program. ADOPTED 111. Communication from the City Clerk submitting a request from East Post Road Corner, Inc., d/b/a Eclisse Mediterraneo Cucina, 189 Post Road, for a waiver of the thirty day notification requirement set forth in Section 64(2)(a) of the New York Alcoholic Beverage Control Law. F/S 112. Resolution of the Common Council of the City of White Plains waiving the thirty (30) day notification requirement set forth in the New York Alcoholic Beverage Control Law in regard to an application submitted by East Post Road Corner, Inc., d/b/a Eclisse Mediterraneo Cucina, located at 189 East Post Road for a license to sell alcoholic beverages. ADOPTED ITEMS FOR REFERRAL: 113. Communication from Commissioner of Building in relation to an application submitted by Grace Church Community Center for a site plan amendment to renovate and expand the Open Arms Men’s Shelter operated at 86-88 East Post Road. 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, ENVIRONMENTAL OFFICER. 114. Communication from Commissioner of Building in relation to a petition submitted on behalf of Urstadt Biddle Properties, Inc., to amend the Zoning Ordinance to reclassify the current Westchester Pavilion site, 60 South Broadway, from the B- 6, Enclosed Mall Zoning District, to the CB-3, Central Business 3 District. F/S  AND REFERRED TO LAW, PLANNING BOARD AND ENVIRONMENTAL OFFICER. ITEMS FOR INFORMATION: 115. Communication from Commissioner of Public Works transmitting a draft of the Hazard Mitigation Plan for the City of White Plains for information and review in preparation for adoption as required by the Federal Emergency Management Agency (FEMA). F/S 116. Communication from Commissioner of Finance transmitting the Capital Projects Status Report for fiscal period ending. F/S 117. Communication from Commissioner of Finance transmitting the Interim Financial Report for fiscal period ending. F/S 118. Communication from Commissioner of Building in relation to a proposed minor amendment regarding facade changes at 7 - 11 South Broadway. F/S AND APPROVED.