White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING October 7, 2013 7:30 P.M. PLEDGE TO THE FLAG: Hon. Dennis Krolian ROLL CALL: City Clerk ADJOURNED PUBLIC HEARINGS: 1. Public Hearing in relation to an application submitted by Ron Black’s Beer Hall for a Special Permit for Cabaret Use at 181 Mamaroneck Avenue. Opened/Closed. 2. Communication from Environmental Officer F/S 3. Environmental Findings Resolution ADOPTED 4. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of 181A Associates, Inc., d/b/a Ron Black’s Beer Hall (“Applicant”) for a one year Special Permit to operate a cabaret at Ron Black’s Beer Hall located at 181 Mamaroneck Avenue (Section 125.84, Block 6, Lot 9.1) subject to certain conditions contained herein. ADOPTED 5. Public Hearing in relation to an application submitted by MAK Corporation, d/b/a Elements Restaurant, for the renewal of a Special Permit for Cabaret Use at 161 Mamaroneck Avenue. OPENED/ADJOURN TO 11/4/13 6. Communication from the City Clerk F/S PUBLIC HEARING: 7. Public Hearing in relation to the petition submitted on behalf of applicant White Plains Hospital Center and its wholly owned subsidiary, Post Development  Corporation (“Applicant”), for a proposed amendment to the Zoning Ordinance of the City of White Plains to re-map two (2) parcels of land utilized by White Plains Hospital from the B-3 (Intermediate Business) Zoning District to the O-R Zoning District to allow future development of hospital related uses as permitted Principal Uses on these parcels as they are contiguous to the Hospital Campus which is already mapped within the O-R Zoning District. OPENED/CLOSED. ITEMS 8 - 17 F/S 8. Communications from Commissioner of Building 9. Design Review Board 10. Commissioner of Planning (2) 11. Commissioner of Public Safety 12. Commissioner of Public Works 13. Commissioner of Parking 14. Deputy Commissioner, Traffic Division 15. Traffic Commission 16. Westchester County Planning Board 17. Environmental Officer 18. Environmental Findings Resolution ADOPTED 19. Ordinance amending an ordinance entitled, “The Zoning Ordinance of the City of White Plains”, with respect to placing the property known as Section 130.27, Block 7, Lot 4, also known as 71 East Post Road, and the entire property known as Section 130.27, Block 10, Lot 3, also known as 211 South Lexington Avenue, in the O-R Office-Residential District. ADOPTED 7 - 0 20. Communication from Corporation Counsel in relation to an application submitted on behalf of White Plains Hospital Center for an amendment to its existing amended Special Permit and Site Plan as part of the Hospital’s Modernization Plan approved by the Common Council on September 8, 2009, and scheduling a public hearing for November 4, 2013. OPENED/CLOSED 21. Communication from Commissioner of Building F/S AND REFERRED TO LAW, BUILDING DEPT, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DEPT., TRAFFIC COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD, ENVIRONMENTAL OFFICER. 22. Resolution of the Common Council of the City of White Plains scheduling a public hearing for November 4, 2013 in relation to the application, submitted on behalf of White Plains Hospital Center, for an amendment to its existing amended Special Permit and Site Plan granted by the Common Council on September 8, 2009, for a Hospital Modernization Plan, to allow, inter alia, (A) in lieu of a new 100,000 square foot hospital office building (HOB) on the Hospital’s single development site, the demolition of an existing mixed use building at 71 East Post Road and the construction of a new six (6) story HOB, approximately 37,000 square  feet, on the site, connecting the HOB to the existing Dickstein Cancer Center Building at 2-4 Longview Avenue on the first, second and third floors; (B) a new two-story addition to the existing Dickstein Cancer Center Building creating a modified drop-off and valet area linking the Dickstein Cancer Center to share a single entrance area; ( C) an overall amendment to the Master Plan of the Hospital; (D) an increase to the current maximum building coverage of 65% to 70%; (E) approval of valet parking for patients and visitors to the Dickstein Cancer Center and the HOB; (F) the elimination of one (1) ADA accessible parking space along Longview Avenue in front of the Dickstein Cancer Center to facilitate a proposed change to the vehicular circulation; and (G) a three (3) year extension to the approval resolution adopted September 8, 2009, set to expire September 2, 2014. ADOPTED 23. Public Hearing in relation to the application submitted on behalf of J.N.J. Enterprises, Inc., d/b/a the Lazy Lounge for a Special Permit to operate a cabaret at 152 Mamaroneck Avenue. OPENED/ADJOURN TO NOVEMBER 4, 2013. FIRST READING ORDINANCES: 24. Communication from Corporation Counsel in relation to the settlement of various tax review proceedings. F/S 25. Ordinance authorizing the settlement of certain tax review proceedings. ADOPTED 7 - 0 26. Communication from Corporation Counsel in relation to the settlement of various tax review proceedings. F/S 27. Ordinance authorizing the settlement of certain tax review proceedings. ADOPTED 7 - 0 27a. Communication from Corporation Counsel in relation to a tax abatement agreement in connection with a project of the WP Housing Company Housing Development Fund Corporation and Winbrook Phase I. L.P. F/S 27b. Ordinance authorizing the Mayor to enter into a tax abatement agreement pursuant to Private Housing Finance Law Section 577 in connection with a project of the WP Housing Company Housing Development Fund Corporation and Winbrook Phase I., L.P. ADOPTED 7 - 0 27c. Communication from Commissioner of Planning in relation to the application submitted by the White Plains Housing Authority for a grant of $500,000 in  conjunction with the City’s Affordable Housing Assistance Fund. F/S 27d. Ordinance of the Common Council of the City of White Plains granting the application submitted by the White Plains Housing Authority under the City’s Affordable Home Ownership Program for a grant of $500,00 from the City’s Affordable Housing Assistance Fund for an affordable housing project to develop one hundred and three (103) units of low income rental housing at the northwest corner of the Winbrook Campus. ADOPTED 7 - 0 28. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5376, Lyon Place Garage. F/S 29. Ordinance of the Common Council of the City of White Plains amending Capital Project No. C5376 entitled, Lyon Place Garage, and authorizing the Mayor to direct the Commissioner of Public Works to utilize negotiated procurement for this project pursuant to Section 213 of the Charter of the City of White Plains. ADOPTED 7 - 0 30. Bond Ordinance dated October 7, 2013, authorizing the issuance of an additional $500,000 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 31. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. 5391, Ridgeway Nature Trail and Bryant Avenue Park. F/S 32. Ordinance amending an ordinance adopted May 7, 2013, entitled, “An ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. 5391 entitled, Ridgeway Nature Trail and Bryant Avenue Park.” ADOPTED 7 - 0 33. Communication from Commissioner of Public Works in relation to the closure of certain public streets and appropriate parking restrictions on October 27, 2013, for the re-dedication ceremony of the former Battle Whitney Park, as Battle of White Plains Park. F/S 34. Ordinance of the Common Council of the City of White Plains authorizing the closure of certain public streets and appropriate parking restrictions on October 27, 2013, for the re-dedication ceremony of the former Battle Whitney Park as Battle of White Plains Park. ADOPTED 7 - 0 35. Communication from Commissioner of Public Works in relation to a one year agreement between the City and Kent Trans-Americas Clothing Inc., d/b/a Trans-America’s Textile Recycling Company. F/S 36. Ordinance of the Common Council of the City of White Plains authorizing the execution of a license agreement between the City of White Plains and Kent Trans-Americas Clothing Corp., Inc., d/b/a Trans-Americas Textile Recycling Company. ADOPTED 7 - 0 37. Communication from Commissioner of Finance in relation to a proposed amendment to Section 2-5-53 of the Municipal Code in relation to the Health Insurance Buyout. F/S 38. Ordinance amending Section 2-5-53 of the White Plains Municipal Code in relation to Health Insurance Buyout. ADOPTED 7 - 0 39. Communication from Commissioner of Recreation and Parks in relation to a donation of $3,400 from Shinnyo-En NY and the Shinnyo-En Foundation to be used to offset the cost of additional landscaping for the September 11, 2001 Memorial Monument. F/S 40. 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, a donation from the Shinnyo-En Foundation and Shinnyo-En USA New York Temple in the amount of $3,400 to be used to offset the cost of the landscaping surrounding the September 11, 2001 City Monument at Liberty Park. ADOPTED 7 - 0 41. Communication from Commissioner of Recreation and Parks in relation to an agreement between the City and Westchester County Department of Senior Programs and Services for the continuing operation of Senior Transportation and Nutrition Services. F/S 42. Ordinance authorizing the Mayor or his designee to enter into agreements with the County of Westchester for the continuing operation by the City of White Plains for Programs for year 2013 under Titles III-B, III-C-1 and the Nutrition Services Incentive Program for Older Americans Act and to execute an agreement with Homestyle Food Service and Catering to provide catering services accordingly. ADOPTED 7 - 0 43. Communication from Commissioner of Recreation and Parks in relation to an agreement between the City and the County of Westchester and Homestyle Food Service and Catering to provide daily lunch catering services for the City’s Senior Center Nutrition Program. F/S 44. Ordinance of the Common Council of the City of White Plains authorizing the Mayor to execute an agreement with the County of Westchester (Department of Senior Programs) and Homestyle Food Service and Catering to provide daily lunch catering services for the City’s Senior  Center Nutrition Program. ADOPTED 7 - 0 45. Communication from Commissioner of Recreation and Parks in relation to an amendment to the 2013-2014 General Fund Budget to reflect an award from AAA Transportation in the amount of $4,978 for the Senior Citizens Program. F/S 46. Ordinance authorizing the Mayor to direct the Budget Director to amend the 2013-2014 General Fund Budget in order to reflect an award from AAA Transportation in the amount of $4,978 to the City of White Plains to be used for the White Plains Recreation and Parks Senior Citizens Program. ADOPTED 7 - 0 47. Communication from Director, Youth Bureau, in relation to a grant of $11,500 from the Regional Partnership of Schools and Colleges for the Great Potential Program. F/S 48. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to enter into a contract with the SUNY Great Potential Program to receive a Grant in the amount of $11,500, and to authorize the Budget Director to amend the FY 2013/14 Youth Development Fund to reflect this Grant. ADOPTED 7 - 0 49. Communication from Director, Youth Bureau, in relation to a donation of $300 from the African American Men of Westchester in support of Dads Take Your Children To School. F/S 50. 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, a donation from the African American Men of Westchester in the amount of $300 to be used to offset the cost of refreshments for the Dads Take Your Children To School Day on September 19, 2013. ADOPTED 7 - 0 51. Communication from Director, Youth Bureau, in relation to an amendment to a previously approved ordinance with respect to a grant from the NYS Office of Alcoholism and Substance Abuse increasing the amount by $5,468 to a total of $189,767 to continue Project Hope. F/S 52. Ordinance amending an ordinance adopted September 3, 2013, entitled, “Ordinance of the Common Council of the City of White Plains authorizing the Mayor to enter into a contract with the County of Westchester (Department of Community Mental Health) in order to receive $184,299 in funding to continue the Project Hope Program through the New York State Office of Alcoholism and Substance Abuse Services (OASAS) providing alcohol and substance prevention services to the City of White Plains.” ADOPTED 7 - 0 53. Communication from Director, Youth Bureau, in relation to an amendment to a previously adopted ordinance with respect to additional funds of $7,325, from Planned Parenthood Hudson Peconic, Inc. F/S 54. Ordinance amending an ordinance adopted June 3, 2013 entitled, “Ordinance authorizing the Mayor or his designee to enter into a sub- contract with Planned Parenthood Hudson Peconic, Inc., a contractor for the New York State Department of Health, to receive a grant to the White Plains Youth Bureau to support the Comprehensive Adolescent Pregnancy Prevention Program (CAPP) and to amend the FY 2012-2013 Youth Development Fund to reflect said grant.” ADOPTED 7 - 0 55. Communication from Youth Bureau in relation to an award from the Westchester Clubmen Foundation in the amount of $25,000 to be used to operate the Clubmen Higher Aims Program. F/S 56. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to enter into a contract to accept, on behalf of the City of White Plains, an award from the Westchester Clubmen Foundation to be used to operate the Clubmen Higher Aims Program and to authorize the Budget Director to amend the FY 2013-2014 Youth Development Fund to reflect this award. ADOPTED 7 - 0 57. Communication from Director, Youth Bureau, in relation to a Drug Free Communities Grant from the Substance Abuse and Mental Health Services Administration in the amount of $125,000. F/S 58. 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 2013-2014 Youth Development Fund to reflect this Grant. ADOPTED 7 - 0 59. Communication from Acting Chairman, Traffic Commission, in relation to amendments to the Traffic Ordinance at various locations around the City. F/S 60. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to creating a “No ‘U’ Turns” Zone on the both sides of Court Street. ADOPTED 7 - 0 RESOLUTIONS: 61. Communication from Corporation Counsel in relation to a petition submitted on behalf of Family Services of White Plains, Inc., to amend the Zoning Ordinance of the City of White Plains to allow “Nursery Schools” and “Day Care Centers” as  a permitted use by Special Permit in the R 2 - 4 Zoning District when located on County or State roads, and designating the Common Council as the Approving Agency for the Special Permit, and scheduling a public hearing for November 4, 2013. F/S 62. Communication from Planning Board. F/S 63. Communication from Commissioner of Building. F/S AND REFERRED TO LAW, BUILDING DEPT, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DEPT., TRAFFIC COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD, ENVIRONMENTAL OFFICER. 64. Resolution of the Common Council of the City of White Plains scheduling a public hearing for November 4, 2013, in relation to amending the Zoning Ordinance of the City of White Plains with respect to allowing “Nursery Schools” and “Day Care Centers”, to be a Special Permit Use in the R2-4 Zoning District, including “Nursery Schools” and “Day Care Centers” located on county and state roads as Special Permit Use in the R2-4 Zoning District, and designating the Common Council as the Approving Agency for Special Permits for “Nursery Schools” and “Day Care Centers” in R2-4 Zoning Districts. ADOPTED 6 - 0. Recusal: Mr. Martin 65. Communication from Commissioner of Planning in relation to an application submitted on behalf of St. Gregory the Enlightener Armenian Church for an amendment to a previously approved site plan to construct an addition to the current community building at 1131 North Street. F/S 66. Communication from Environmental Officer F/S 67. Environmental Findings Resolution ADOPTED 6 - 0. Recusal: Mr. Krolian 68. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of St. Gregory the Enlightener Armenian Church (“Applicant”) located at 1131 North Street on an environmentally sensitive site for an amendment to its existing site plan to allow: (1) the construction of an approximately 7,421 square foot building addition, including a 6,000 square foot open room that is proposed to be used as a children’s Sunday school, an additional 636 square feet of bathrooms and 425 square feet of storage, all attached to the existing community building; (2) approval of a partial waiver of improvement under Section 8.7.3 of the Zoning Ordinance of the City of White Plains (“Zoning Ordinance”) waiving the construction of eighteen (18) parking spaces to provide a total of 61 waived spaces or 33% (one-third) of the 183 parking spaces required for the Church Use; and (3) relief from the new fifty (50) foot restrictive buffer area setback requirement under Section 4.4.25.5.2.2 of the Zoning Ordinance. ADOPTED 6 - 0. Recusal: Mr. Krolian 69. Communication from Commissioner of Public Works in relation to the City’s Final  Multi-Hazard Mitigation Plan to be submitted to the New York State Office of Emergency Management (NYS OEM) for subsequent submission to the Federal Emergency Management Agency (FEMA) for final acceptance. F/S 70. Resolution of the Common Council of the City of White Plains authorizing the Mayor to direct the Commissioner of Public Works to forward the City’s Final Multi-Hazard Mitigation Plan to the New York State Office of Emergency Management (NYS OEM), which will subsequently provide the Plan to the Federal Emergency Management Agency (FEMA) for final acceptance. ADOPTED 70a. Communication from Environmental Officer in relation to a resolution adopting a scoping outline for the preparation of a Draft Generic Environmental Impact Statement regarding the petition submitted on behalf of Urstadt Biiddle Properties, Inc., to amend the Zoning Ordinance to re-map 60 South Broadway from the B-6 to the CB - 3 District and to include the property in the Central Parking Area. F/S 70b. Environmental Findings Resolution adopting a scoping outline for the preparation of a Draft Generic Environmental Impact Statement regarding the petition submitted on behalf of Urstadt Biiddle Properties, Inc., to amend the Zoning Ordinance to re-map 60 South Broadway from the B-6 to the CB - 3 District and to include the property in the Central Parking Area (CPA). ADOPTED ITEMS FOR REFERRAL: 71. Communication from Commissioner of Building in relation to an application submitted on behalf of LCOR 55 Bank Street LLC, for a site plan amendment to consist of two rental apartment buildings of 16 stories (561 dwelling units, 449 market rate and 112 affordable units), 570 parking spaces (joint-use residential, retail, and commuter parking), and retail space of approximately 6,345 sq. ft. F/S AND REFERRED TO LAW, BUILDING DEPT., DESIGN REVIEW, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRAFFIC COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. ITEMS FOR INFORMATION: 72. Communication from Commissioner of Building transmitting an application submitted on behalf of AT&T for a minor amendment to install a new rooftop cooling tower at 400 Hamilton Avenue. F/S AND APPROVED.