White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING MAY 5, 2014 7:30 P.M. PLEDGE TO THE FLAG: Hon. Beth Smayda RECOGNITION: Nina Tucker Kristin Sutton as participants in the White Plains YMCA Youth In Government Program ROLL CALL: City Clerk APPOINTMENT: 1. Communication from the Mayor in relation to the re-appointment of Elizabeth Mark and Florence Bolton as members of the Youth Board to terms which will expire on December 31, 2016. F/S/A LOCAL LAW: 2. Public Hearing in relation to Local Law Introductory No. 1 of 2014, a Local Law amending Sections 9, 9-a and 10, of the Charter of the City of White Plains relation to the number of full time City Court Judges to conform with the provisions of Section 2014 of the New York State Uniform Court Act. OPENED/CLOSED 3. Local Law Introductory No. 1 of 2014. A Local Law amending Sections 9, 9-A, and 10, of the Charter of the City of White Plains relating to the number of full time City Court Judges to conform with the provisions of Section 2104 of the New York State Uniform City Court Act. ADOPTED 7 - 0 PUBLIC HEARINGS: 4. Public Hearing in relation to the proposed Tax Budget for the City of White Plains for Fiscal Year July 1, 2014 - June 30, 2015. OPENED/CLOSED 5. Public Hearing in relation to the application submitted on behalf of Ron Black’s Beer Hall for a Special Permit for Outdoor Dining on private property in the rear yard behind the bar and restaurant located at 181 Mamaroneck Avenue. OPENED/CLOSED ITEMS 6 - 16 F/S 6. Communications from Commissioner of Building 7. Design Review Board 8. Commissioner of Planning 9. Planning Board 10. Commissioner of Public Safety 11. Commissioner of Public Works 12. Deputy Commissioner, Traffic Division 13. Traffic Commission 14. Commissioner of Parking 15. Westchester County Planning Board 16. Environmental Officer 17. Environmental Findings Resolution ADOPTED 18. Resolution of the Common Council of the City of White Plains granting the application made on behalf of Ron Blacks Beer Hall, located at 181 Mamaroneck Avenue (Section 125.84, Block 6, Lot 9.1), in the Central Parking Area, for Outdoor Dining in the rear yard of the restaurant subject to the conditions contained herein. ADOPTED 19. Ordinance of the Common Council of the City of White Plains authorizing the execution of a revocable license agreement between the City of White Plains and Ron Black Real Estate, Inc., owner of Ron Blacks Beer Hall Bar and Restaurant, owner of 181 Mamaroneck Avenue. ADOPTED 7 - 0 20. Public Hearing in relation to the application submitted on behalf of Brazen Fox Bar and Restaurant for a Special Permit for Outdoor Dining within the rear yard area of 175 Mamaroneck Avenue. OPENED/CLOSED ITEMS 21 - 31 F/S 21. Communications from Commissioner of Building 22. Design Review Board 23. Commissioner of Planning 24. Planning Board 25. Commissioner of Public Safety 26. Commissioner of Public Works 27. Deputy Commissioner, Traffic Division 28. Traffic Commission 29. Commissioner of Parking 30. Westchester County Planning Board 31. Environmental Officer 32. Environmental Findings Resolution ADOPTED 33. Resolution of the Common Council of the City of White Plains granting the application made on behalf of Brazen Fox Bar and Restaurant located at 176 Mamaroneck Avenue (Section 125.84, Block 6, Lot 10.1) in the Central Parking Area for Outdoor Dining in the rear yard of the restaurant subject to the conditions contained herein. ADOPTED 34. Ordinance of the Common Council of the City of White Plains authorizing the execution of a revocable license agreement between the City of White Plains and DR & RD, Inc., d/b/a The Brazen Fox, tenant of 175 Mamaroneck Avenue. ADOPTED 7 - 0 35. Public Hearing in relation to the application submitted by Porter House Bar and Restaurant, for a Special Permit for Outdoor Dining located at 169 Mamaroneck Avenue on privately owned property in the rear yard of the premises. OPENED/CLOSED ITEMS 36 - 46 F/S 36. Communications from Commissioner of Building 37. Design Review Board 38. Commissioner of Planning 39. Planning Board 40. Commissioner of Public Safety 41. Commissioner of Public Works 42. Deputy Commissioner, Traffic Division 43. Traffic Commission 44. Commissioner of Parking 45. Westchester County Planning Board 46. Environmental Officer 47. Environmental Findings Resolution ADOPTED 48. Resolution of the Common Council of the City of White Plains granting the application made on behalf of Porter House Bar and Restaurant for a Special Permit to allow Outdoor Dining in the rear yard located at 169 Mamaroneck Avenue (Section 125.84, Block 6, Lots 11.1 and 12.1). ADOPTED 49. Ordinance of the Common Council of the City of White Plains authorizing the execution of a revocable license agreement between the City of White Plains and 169 White Plains Rest. Inc. d/b/a Porter House Bar and Restaurant, a tenant of 163 - 169 Mamaroneck  Avenue. ADOPTED 7 - 0 50. Public Hearing in relation to the application submitted by Hudson Grille Bar and Restaurant for a Special Permit for Outdoor Dining at 165 Mamaroneck Avenue on privately owned property in the rear yard of the premises. OPENED/CLOSED ITEMS 51 - 61 F/S 51. Communications from Commissioner of Building 52. Design Review Board 53. Commissioner of Planning 54. Planning Board 55. Commissioner of Public Safety 56. Commissioner of Public Works 57. Deputy Commissioner, Traffic Division 58. Traffic Commission 59. Commissioner of Parking 60. Westchester County Planning Board 61. Environmental Officer 62. Environmental Findings Resolution ADOPTED 63. Resolution of the Common Council of the City of White Plains granting the application made on behalf of 165 Café Corp., d/b/a/ Hudson Grille, for a Special Permit to allow Outdoor Dining directly behind the bar/restaurant, located at 165 Mamaroneck Avenue, subject to the conditions contained herein. ADOPTED 64. Ordinance of the Common Council of the City of White Plains authorizing the execution of a revocable license agreement between the City of White Plains and 165 Café Corp., d/b/a Hudson Grille, located at 165 Mamaroneck Avenue. ADOPTED 7 - 0 65. 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 66 - 77 F/S 66. Communications from Commissioner of Building 67. Design Review Board 68. Commissioner of Planning 69. Planning Board 70. Commissioner of Public Safety 71. Commissioner of Public Works 72. Deputy Commissioner, Traffic Division 73. Traffic Commission 74. Commissioner of Parking 75. Conservation Board 76. Westchester County Planning Board 77. Environmental Officer 78. Environmental Findings Resolution ADOPTED 79. Resolution of the Common Council of the City of White Plains granting the application made on behalf of Gaucho Grill (“Applicant”) located at One North Broadway for a renewal of a Special Permit to allow Outdoor Dining on the existing patio area in front of the One North Broadway location adjacent to the restaurant entrance, subject to the applicable conditions contained in the original approval resolution adopted April 1, 2013. ADOPTED SECOND READING ORDINANCES: 80. Ordinance authorizing the settlement of certain tax review proceedings. ADOPTED 7 - 0 81. Ordinance of the Common Council of the City of White Plains discontinuing a portion of Middle Road between 181 and 189 Hillair Circle, in the City of White Plains, and authorizing the sale to the adjacent owners. ADOPTED 7-0 FIRST READING ORDINANCES: 82. Communication from Corporation Counsel in relation to the settlement of various tax review proceedings. F/S 83. Ordinance authorizing the settlement of certain tax review proceedings. ADOPTED 6 - 0. Recusal: Mr. Kirkpatrick 84. Communication from Corporation Counsel in relation to the settlement of a claim against the City. F/S 85. Ordinance authorizing the settlement of the claim of Edgar Maurad against the City of White Plains. ADOPTED 7 - 0 86. Communication from Corporation Counsel in relation to retaining the services of the law firm of Dichter Law, LLC, to assist the City as a participant in the Consortium of Municipal Corporations, in challenging the water rates proposed by the New York City Water Board F/S 87. Ordinance ratifying the City of White Plains continued participation in a Consortium of Municipal Corporations and other entities challenging the water rates set by the New York City Water Board, and authorizing the Corporation Counsel to enter into an amended agreement retaining the services of the law firm of Dichter Law, LLC, to assist the City of White Plains as a participant in the Consortium in challenging the water rates proposed by the New York City Water Board. ADOPTED 7 - 0 88. Communication from the Mayor in relation to a contract with an independent consultant to conduct a review and analysis, and provide a report and recommendations relating to the City’s Department of Public Works practices, policies and procedures. TABLED 89. Ordinance authorizing the retention of an independent consultant to conduct a review and analysis, and provide a report and recommendations relating to the City’s Department of Public Works practices, policies and procedures. TABLED 90. Communication from Commissioner of Building in relation to a proposed amendment to Title III of the White Plains Municipal Code by repealing Chapter 3 - 3, “Air Pollution” in its entirety and adopting a new Chapter 3 - 3 Sections 1 - 29. TABLED 91. Ordinance of the Common Council of the City of White Plains amending Title III of the White Plains Municipal Code entitled, “Air Pollution” by repealing Chapter 3 - 3 in its entirety and adopting Chapter 3 - 3 Sections 1 - 29. TABLED 92. Communication from Commissioner of Finance in relation to the de- authorization of a $500,000 serial bond of the City of White Plains originally for the acquisition and reconstruction of Class A Buildings for municipal use. F/S 93. Bond Ordinance dated May 5, 2014, de-authorizing the issuance of $500,000 aggregate principal amount serial bonds of the City of White Plains, New York, previously authorized on August 6, 2012, to finance the cost of the acquisition and reconstruction of Class A Buildings for municipal Use. ADOPTED 94. Communication from Commissioner of Planning in relation to a Community Development Special Rehabilitation Loan to Arts Westchester, 31 Mamaroneck Avenue, for energy efficiency improvements. F/S 95. Ordinance authorizing a Community Development Special Rehabilitation Loan not to exceed $21,000 to Arts Westchester, 31  Mamaroneck Avenue, for energy efficiency improvements through purchase of equipment for 31 Mamaroneck Avenue. ADOPTED 96. Communication from Commissioner of Planning in relation to a Community Development Special Rehabilitation Loan to Family Services of Westchester, Center for All Ages, 106 North Broadway, to purchase kitchen equipment. F/S 97. Ordinance authorizing a Community Development Special Rehabilitation Loan not to exceed $75,000 to Family Services of Westchester, Center for All Ages, 106 North Broadway, for purchase of equipment for an industrial kitchen/refrigerator store room, in its rehabilitation facility that houses the Center for All Ages at 106 North Broadway. ADOPTED 7 - 0 98. Communication from Commissioner of Planning in relation to a Community Development Special Rehabilitation Loan to St. Bartholomew’s Episcopal Church, at 82 Prospect Street, for energy efficiency improvements at the Parish House. F/S 99. Ordinance authorizing a Community Development Special Rehabilitation Loan not to exceed $29,000 to St. Bartholomew’s Episcopal Church, at 82 Prospect Street, for energy efficiency improvements of replacement windows for the Parish House at 82 Prospect Street. ADOPTED 7 - 0 100. Communication from Commissioner of Planning in relation to a Community Development Special Rehabilitation Loan to the YWCA of White Plains and Central Westchester, Inc., for energy efficiency improvements at 515 North Street. F/S 101. Ordinance authorizing a Community Development Special Rehabilitation Loan not to exceed $40,000 to the YWCA of White Plains and Central Westchester, Inc., for energy efficiency improvements of a new gas pool heater at the activity center on North Street. ADOPTED 7 - 0 102. Communication from Commissioner of Planning in relation to a Community Development Special Rehabilitation Loan to the YMCA of White Plains and Northern Westchester, Inc., for roof repair at 250 Mamaroneck Avenue. F/S 103. Ordinance authorizing a Community Development Special Rehabilitation Loan not to exceed $70,000 to the YMCA of White Plains and Northern Westchester, Inc., for roof repair to the building at 250 Mamaroneck Avenue. ADOPTED 7 - 0 104. Communication from Commissioner of Recreation and Parks in relation to a revocable license agreement with 707/709 Westchester Avenue SPE LLC, and 925/1025 Westchester Avenue SPE LLC, for use of their parking lots in connection with the Independence Day Fireworks. F/S 105. Ordinance authorizing the Mayor or his designee to enter into a revocable license agreement with 707/709 Westchester Avenue SPE LLC, and 925/1025 Westchester Avenue SPE LLC for use of their parking lots in connection with the City of White Plains Independence Day Fireworks Display Celebration. ADOPTED 7 - 0 106. Communication from Commissioner of Recreation and Parks in relation to an agreement between the City and Backyard Sports, for the operation of an extended day camp program at Camps Quarropas and Panawok. F/S 107. Ordinance of the Common Council of the City of White Plains authorizing an agreement between the City of White Plains and Backyard Sports, in relation to an extended day camp program at Camps Quarropas and Panawok. ADOPTED 7 - 0 108. Communication from Commissioner of Parking in relation to a transfer of funds from Reserve for Financing for expenses related to snow plowing and snow removal operations. F/S 109. Ordinance of the Common Council of the City of White Plains authorizing the transfer of $57,595 from Reserve for Financing in relation to snow plowing and snow removal operations overtime expenses incurred by the Department of Parking. ADOPTED 7 - 0 110. Communication from Acting Chairman, Traffic Commission, in relation to proposed amendments to the Traffic Ordinance at various locations around the City. F/S 111. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to deleting a “One Hour Parking 7:30 a.m. to 6:30 p.m.” Zone on the east side of Davis Avenue; creating a “Two Hour Parking 7:30 a.m. to 6:30 p.m.” Zone on the east side of Davis Avenue; and creating a “Right Turn on Red Prohibited” for Cromwell Place southbound at Maple Avenue. ADOPTED 7 - 0 RESOLUTIONS: 112. Communication from Corporation Counsel in relation to an application submitted by BLT Steak White Plains, LLC, d/b/a BLT Steakhouse for a Special Permit for Outdoor Dining in the front of the restaurant located at 221 Main Street (3 Renaissance Square). F/S 113. Communication from Commissioner of Building. F/S AND  REFERRED TO F/S AND REFER TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, PARKING DEPT., TRAFFIC DIVISION, TRAFFIC COMMISSION, CONSERVATION BOARD, WESTCHESTER COUNTY PLANNING BOARD, ENVIRONMENTAL OFFICER. 114. Resolution of the Common Council of the City of White Plains scheduling a public hearing for June 2, 2014, in relation to the application submitted on behalf of BLT State White Plains, LLC (“Applicant”) for a renewal of a Special Permit for Outdoor Dining on private property at the front of the restaurant located on the ground floor of 221 Main Street (3 Renaissance Square), Section 125.67, BlocK 7, lot 2.13). ADOPTED 115. Communication from Corporation Counsel in relation to an application submitted Lombardo’s Restaurant, for a Special Permit for Outdoor Dining on private property at the front of the restaurant located at 1203 Mamaroneck Avenue. F/S 116. Communication from Commissioner of Building. F/S AND REFERRED TO F/S AND REFER TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, PARKING DEPT., TRAFFIC DIVISION, TRAFFIC COMMISSION, WESTCHESTER COUNTY PLANNING BOARD, ENVIRONMENTAL OFFICER. 117. Resolution of the Common Council of the City of White Plains scheduling a public hearing for June 2, 2014 in relation to an application submitted on behalf of Lombardo’s Restaurant (“Applicant”) for a Special Permit for Outdoor Dining on private property at the front of the restaurant located at 1203 Mamaroneck Avenue. ADOPTED 118. Communication from Corporation Counsel in relation to an application submitted by 359-369 Mamaroneck Avenue LLC, d/b/a Esposito’s Restaurante & Pizzeria II, for the renewal of a Special Permit for Outdoor Rooftop Dining at 359 Mamaroneck Avenue. F/S 119. Communication from Commissioner of Building. F/S AND REFERRED TO F/S AND REFER TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, PARKING DEPT., TRAFFIC DIVISION, TRAFFIC COMMISSION, WESTCHESTER COUNTY PLANNING BOARD, ENVIRONMENTAL OFFICER. 120. Resolution of the Common Council of the City of White Plains scheduling a public hearing for June 2, 2014, 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 Rooftop Dining at Esposito’s Restaurant located at 359 Mamaroneck Avenue. ADOPTED 121. Communication from Corporation Counsel in relation to an application submitted by Noodles Plus Restaurant for the renewal of a Special Permit for Outdoor Dining on privately owned property in the courtyard area at 235-245 Main Street. F/S 122. Communication from Commissioner of Building. F/S AND REFERRED TO F/S AND REFER TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, PARKING DEPT., TRAFFIC DIVISION, TRAFFIC COMMISSION, WESTCHESTER COUNTY PLANNING BOARD, ENVIRONMENTAL OFFICER. 123. Resolution of the Common Council of the City of White Plains scheduling a public hearing for June 2, 2014, in relation to the application submitted on behalf of Noodles Plus Restaurant for a renewal of a Special Permit for Outdoor Dining on private property in the courtyard of 235-245 Main Street. ADOPTED 124. Communication from Corporation Counsel in relation to an application submitted by Alex’s Bar and Grille for the renewal of a Special Permit for Outdoor Dining on private property in the front of the restaurant located at 577 North Broadway. F/S 125. Communication from Commissioner of Building. F/S AND REFERRED TO F/S AND REFER TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, PARKING DEPT., TRAFFIC DIVISION, TRAFFIC COMMISSION, WESTCHESTER COUNTY PLANNING BOARD, ENVIRONMENTAL OFFICER. 126. Resolution of the Common Council of the City of White Plains scheduling a public hearing for June 2, 2014, in relation to the application submitted on behalf of the applicant Kollata, Inc., d/b/a Alex’s Bar and Grille for a renewal of a Special Permit for Outdoor Dining on private property at the front of the restaurant located at 577 North Broadway. ADOPTED 127. Communication from Corporation Counsel in relation to an application submitted on behalf of DC White Plains, LLC, d/b/a Don Coqui, for a renewal of a Special Permit for Cabaret Use at 105-107 Mamaroneck Avenue. F/S 128. Communication from Commissioner of Building. F/S AND  REFERRED TO F/S AND REFER TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, PARKING DEPT., TRAFFIC DIVISION, TRAFFIC COMMISSION, WESTCHESTER COUNTY PLANNING BOARD, ENVIRONMENTAL OFFICER. 129. Resolution of the Common Council of the City of White Plains scheduling a public hearing for June 2, 2014, in relation to the application submitted on behalf of DC White Plains, LLC, d/b/a Don Coqui (“Applicant”) for a renewal of a Special Permit to operate a cabaret at Don Coqui located at 105-107 Mamaroneck Avenue. ADOPTED ITEMS FOR REFERRAL: 130. Communication from Commissioner of Building in relation to an application submitted on behalf of The Venue on Bloomingdale Road, (120 Bloomingdale Road LLC.), to extend a previously approved site plan for one year for the location at 120 Bloomingdale Road. F/S AND REFERRED TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, PARKING DEPT., TRAFFIC DIVISION, TRAFFIC COMMISSION, CONSERVATION BOARD, WESTCHESTER COUNTY PLANNING BOARD, ENVIRONMENTAL OFFICER. Recusal: Mr. Kirkpatrick 131. Communication from Commissioner of Building in relation to a proposed amendment to Section 6.7.8 of the Zoning Ordinance of the City of White Plains regarding Special Permits for Outdoor Dining to add a new Section 6.7.8.7. F/S AND REFERRED TO LAW, PLANNING BOARD AND ENVIRONMENTAL OFFICER. ITEMS FOR INFORMATION: 132. Communication from Commissioner of Building in relation to an application submitted on behalf of The Salvation Army, requesting a minor amendment to a previously approved site plan with regard to exterior changes to the building addition, located at 16 Sterling Avenue. F/S AND APPROVED 133. Communication from Commissioner of Building in relation to an application submitted on behalf of Bryant Gardens Cooperative Apts., requesting a minor amendment to a previously approved site plan for the installation of a new exterior wall sign at 9 Bryant Crescent. F/S AND APPROVED 134. Communication from Commissioner of Finance transmitting the Capital Improvement Program Status Report for the period ending March 31, 2014. F/S AND ATTACHMENT FILED. 135. Communication from Commissioner of Finance transmitting the Interim Financial Report for the period ending March 31, 2014. F/S AND ATTACHMENT FILED.