White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING FEBRUARY 3, 2020 7:30 PM PLEDGE TO THE FLAG: Hon. John Kirkpatrick ROLL CALL: City Clerk ADJOURNED PUBLIC HEARINGS: 1. Public Hearing in relation to the petition submitted on behalf of WP Development NB, Inc., to amend the Zoning Ordinance to create a new Planned Residential Development Zoning District and amend the Zoning Map classification from RM-1.5 to Planned Residential Development. OPENED/ADJOURN TO MAY 4, 2020 2. Public Hearing in relation to an application submitted on behalf of ZEM LLC, d/b/a Z Prime Italian Steakhouse for a special permit to operate an Accessary Cabaret at property known as 189 East Post Road. OPENED/CLOSED ITEMS 3 - 13 F/S 3. Communications from Commissioner of Building 4. Design Review Board 5. Commissioner of Planning 6. Planning Board 7. Commissioner of Public Safety 8. Commissioner of Public Works 9. Deputy Commissioner Parking 10. Transportation Commission 11. Commissioner of Parking 12. Westchester County Planning Board 13. Environmental Officer 14. Environmental Findings Resolution ADOPTED 15. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of ZEM LLC, d/b/a Z Prime Italian Steakhouse, for a special permit to operate an “Accessory Cabaret” at 189 East Post Road. ADOPTED PUBLIC HEARING: 16. Public Hearing in relation to the application submitted by Sunset Restaurant 49, Inc., for a special permit to operate an Accessory Cabaret at property located at 49 Mamaroneck Avenue. OPENED/CLOSED ITEMS 17 - 27 F/S 17. Communications from Commissioner of Building 18. Design Review Board 19. Commissioner of Planning 20. Planning Board 21. Commissioner of Public Safety 22. Commissioner of Public Works 23. Deputy Commissioner Parking 24. Transportation Commission 25. Commissioner of Parking 26. Westchester County Planning Board 27. Environmental Officer 28. Environmental Findings Resolution ADOPTED 29. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of Sunset Restaurant 49 Inc., d/b/a Sunset Restaurant Bar, for a special permit to operate an “Accessory Cabaret” at 49 Mamaroneck Avenue. ADOPTED FIRST READING ORDINANCES: 30. Reserved 31. Reserved. 32. Reserved 33. Reserved 34. Communication from Commissioner of Finance in relation to a contract with PKF O’Connor Davies, LLP, for professional auditing services. F/S 35. Ordinance authorizing the Mayor to direct the Commissioner of Finance to enter  into a new three year agreement with PKF O’Connor Davies, LLP (PKFOD). ADOPTED 7 - 0 36. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5559 entitled Gillie Park Improvements. F/S 37. Communication from Environmental Officer F/S 38. Environmental Findings Resolution ADOPTED 39. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5559, entitled Gillie Park Improvements. ADOPTED 7 - 0 40. Bond Ordinance dated February 3, 2020, authorizing the issuance of $404,000 aggregate principal amount serial bonds of the City of White Plains, County of Westchester, State of New York, to finance the costs of the acquisition, construction and/or reconstruction of park and recreational areas. ADOPTED 7 -0 41. Communication from the Mayor in relation to an agreement with Distributed Solar Projects, LLC, for leasing municipal property for solar development at various City locations so that said company may establish a Community Solar Program in conjunction with Con Edison. F/S 42. Communication from Environmental Officer F/S 43. Environmental Findings Resolution ADOPTED 44. Ordinance authorizing the Mayor or his designee to sign lease agreements with Distributed Solar Projects, LLC, or it’s subsidiaries or affiliates, to build, maintain and operate solar electricity systems at City owned properties. ADOPTED 7 - 0 45. Communication from Commissioner of Public Safety in relation to a donation of $7,500 from the Fenway Charitable Foundation to be used by the Fire Department for the Explorer’s Program, and equipment for the Police Department. F/S 46. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to execute documents required in connection with the acceptance of a donation of $7,500 from the Fenway Charitable Foundation, and to direct the Budget Director to amend the 2019/2020 General Fund Budget to reflect the receipt and appropriation of these funds. ADOPTED 7 - 0 47. Communication from Commissioner of Recreation and Parks transmitting the Schedule of User Fees for Recreation and Parks Programs effective March 1, 2020. F/S 48. Ordinance of the Common Council of the City of White Plains establishing and approving a Schedule of User Fees for the White Plains Department of  Recreation and Parks effective March 1, 2020. ADOPTED 7 - 0 49. Communication from Deputy Director, Youth Bureau, in relation to a grant in the amount of $31,000 funded by the Department of Health and Human Services and provided through the Westchester County Youth Bureau for the Sexual Risk Avoidance Education Program. F/S 50. Ordinance authorizing the Mayor, or his designee, to enter into a contract with Westchester County to accept a grant on behalf of the City of White Plains (through its Youth Bureau) for the period of October 1, 2019 through September 30, 2020, and to amend the FY 2019-2020 Youth Development Fund to reflect said grant. ADOPTED 7 - 0 51. Communication from Commissioner of Parking in relation to an agreement with Complus Data Innovations, Inc.,to provide ticket processing services. F/S 52. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to enter into a contract with Complus Data Innovations, Inc., to provide full service parking ticket processing services from March 1, 2020 through February 28, 2021. ADOPTED 7 - 0 50a. Communication from Personnel Officer in relation to an amendment to the White Plains Municipal Code Compensation and Leave Plan in relation to the position of Deputy City Clerk and allocating a salary to such position. F/S 50b. Ordinance amending Section 2-6-76 of the White Plains Municipal Code by allocating the salary of a certain position title. ADOPTED 7 - 0 53. Communication from Transportation Commission in relation to proposed amendments to the Traffic Ordinance. F/S 54. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to On Street Parking Meter Zones, No Parking At Any Time, Two Hour Parking and Three Hour Parking. ADOPTED 7 - 0 RESOLUTIONS: 55. Communication from Commissioner of Public Works in relation to scheduling a public hearing for March 2, 2020, on an application submitted on behalf of 1 Water Street LLC (“Applicant”), for the proposed discontinuance of a portion of an unimproved section of the North Lexington Avenue right-of-way north of Water Street. F/S 56. Resolution of the Common Council of the City of White Plains scheduling a public hearing for March 2, 2020, on the proposed discontinuance of a 12,328  square foot portion of an unimproved portion of the North Lexington Avenue right-of-way north of Water Street in the City of White Plains. ADOPTED 57. Communication from the City Clerk transmitting a resolution scheduling a public hearing for March 2, 2020 on an application submitted on behalf of Mt. Hope A.M.E. Zion Church to permit “Use of Other Governments” (Government Use Permit) at 65 Lake Street, to lease a portion of the existing building to the County of Westchester to allow the property to be used as an emergency overnight overflow shelter for families and children, and referring the application at this time to appropriate City Departments, Boards and Commissions. F/S AND REFERRED TO LAW, BUILDING DEPARTMENT, DESIGN REVIEW BOARD, PLANNING DEPARTMENT, PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRANSPORTATION COMMISSION, PARKING DEPARTMENT, WESTCHESTER COUNTY PLANNING BOARD AND THE ENVIRONMENTAL OFFICER. 58. Resolution of the Common Council of the City of White Plains scheduling a public hearing for March 2, 2020 in relation to the application submitted on behalf of Mt. Hope A.M.E. Zion Church to permit “Uses of Other Governments” (Government Use Permit) at 65 Lake Street. ADOPTED 59. Communication from Commissioner of Building in relation to an application for a site plan extension submitted on behalf of Post Maple 77, LLC, for a proposed mixed use development project located on a site bounded by Maple Avenue, West Post Road, South Lexington Avenue and Rathbun Avenue to be known as The Boulevard. F/S ITEMS 60 - 69 F/S 60. Communications from Design Review Board 61. Commissioner of Planning 62. Planning Board 63. Commissioner of Public Safety 64. Commissioner of Public Works 65. Deputy Commissioner Parking 66. Transportation Commission 67. Commissioner of Parking 68. Westchester County Planning Board 69. Environmental Officer 70. Environmental Findings Resolution ADOPTED 71. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of Post Maple 77, LLC, a related company of Grid Properties, Inc. (“Applicant”) for a one (1) year extension of site plan approval originally granted on November 7, 2016, and last extended on January 7, 2019, for a mixed use development of approximately 220,000 rentable square feet of retail and fitness uses, twelve (12) “Townhouse” multi-family dwelling units, and an approximately 720 space self park parking garage with additional valet parking for up to 82 parking spaces and 54 satellite parking spaces as needed, and 37 joint use parking spaces to serve all the uses of the property  (known collectively as “The Boulevard”), and payment by the Applicant of fee-in- lieu in the amount of $36,000 to be used exclusively for park, playground and other recreational purposes, including the acquisition of real property, to mitigate the recreational impact of the new multi-family project, in accordance with General City Law Section 27-A. ADOPTED ITEMS 72 - 84 TABLED 72. Communication from Commissioner of Building in relation to an application submitted on behalf of North Street Community, LLC, for an additional three year extension of the Independent Living Phase of a site plan approval on an environmentally sensitive site. 73. Communications from Design Review Board 74. Commissioner of Planning 75. Planning Board 76. Commissioner of Public Safety 77. Commissioner of Public Works 78. Deputy Commissioner Parking 79. Transportation Commission 80. Commissioner of Parking 81. Westchester County Planning Board 82. Environmental Officer 83. Environmental Findings Resolution 84. Resolution of the Common Council of the City of White Plains approving an application submitted on behalf of North Street Community, LLC, for an additional three year extension of the Independent Living Phase of a site plan approval originally granted by the Common Council by resolution adopted July 9, 2007, as amended and extended by resolution adopted December 1, 2008, December 7, 2009, June 6, 2011, and December 2, 2013, said Phase located at 315-317 North Street (Section 131.06, Block 1, Lot 1.41) to permit the construction of a Planned Senior Residential Development known as North Street Community located at 303-317 North Street (Section 131.06, Block 1, Lots 1.11, 1.12, 1.13, 1.41 and 1.142) formerly known as 303-305 North Street (Section 131.06, Block 1, Lot 1.1) containing environmentally sensitive site features. 85. Communication from Personnel Officer in relation to the approval of the reallocation of the position title Section 8 Administrator from Grade 10 to Grade 13 of the White Plains Housing Authority. F/S 86. Resolution of the Common Council of the City of White Plains for the approval of the reallocation of a certain position title of the White Plains Housing Authority. ADOPTED 87. Communication from the City Clerk in relation to a request made on behalf of Mistura Ltd, d/b/a Mistura, 106 Mamaroneck Avenue, for a waiver of the thirty day notification requirement as set forth in the New York Alcoholic Beverage Control Law. F/S 88. 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 on behalf of Mistura, Ltd, d/b/a Mistura, 106 Mamaroneck Avenue. ADOPTED ITEMS FOR REFERRAL: 89. Communication from Commissioner of Building in relation to an application submitted on behalf of Westpark Associates NY LLC, for a site plan extension on a previously approved site plan to construct a three story parking garage at 1111 Westchester Avenue. F/S AND REFERRED TO LAW, BUILDING DEPARTMENT, DESIGN REVIEW BOARD, PLANNING DEPARTMENT, PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRANSPORTATION COMMISSION, PARKING DEPARTMENT, WESTCHESTER COUNTY PLANNING BOARD AND THE ENVIRONMENTAL OFFICER. 90. Communication from Commissioner of Building in relation to an application submitted on behalf of JLA Office 120 Bloomingdale LLC, and Bowery Bloomingdale LLC for an extension of a previously approved site plan to construct the Waterstone. F/S AND REFERRED TO LAW, BUILDING DEPARTMENT, DESIGN REVIEW BOARD, PLANNING DEPARTMENT, PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRANSPORTATION COMMISSION, PARKING DEPARTMENT, WESTCHESTER COUNTY PLANNING BOARD AND THE ENVIRONMENTAL OFFICER. 91. Communication from Commissioner of Building in relation to a Second Amended Petition submitted on behalf of WP Development NB LLC, for the proposed redevelopment of a property located at 52 North Broadway and requesting a change of Zone to permit a Planned Residential District. F/S AND REFERRED TO LAW, PLANNING BOARD, AND ENVIRONMENTAL OFFICER. 92. Communication from Commissioner of Building in relation to an application submitted on behalf of Living Word Christian Church for a site plan amendment to construct a two story building addition at 1236 Mamaroneck Avenue on an environmentally sensitive site. F/S AND REFERRED TO LAW, BUILDING DEPARTMENT, DESIGN REVIEW BOARD, PLANNING DEPARTMENT, PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRANSPORTATION COMMISSION, PARKING DEPARTMENT, CONSERVATION BOARD, WESTCHESTER COUNTY PLANNING BOARD AND THE ENVIRONMENTAL OFFICER. 93. Communication from Commissioner of Building in relation to an application submitted on behalf of Rose Associates, Inc., and its entity 440 Hamilton Avenue Owner, LLC with regard to the adaptive re-use and re-purposing of the former AT&T Building at 440 Hamilton Avenue and requesting site plan and Special Permit approvals. F/S AND REFERRED TO LAW, BUILDING DEPARTMENT, DESIGN REVIEW BOARD, PLANNING DEPARTMENT, PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRANSPORTATION COMMISSION, PARKING DEPARTMENT, WESTCHESTER COUNTY PLANNING BOARD AND THE  ENVIRONMENTAL OFFICER. 94. Communication from Commissioner of Building in relation to an application submitted on behalf of W.P. Mall Realty, LLC and SWD 3 LLC (d/b/a Street-Works Development) regarding site plan approval for the Hamilton Green development at 200 Hamilton Avenue. F/S AND REFERRED TO LAW, BUILDING DEPARTMENT, DESIGN REVIEW BOARD, PLANNING DEPARTMENT, PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRANSPORTATION COMMISSION, PARKING DEPARTMENT, WESTCHESTER COUNTY PLANNING BOARD AND THE ENVIRONMENTAL OFFICER. ITEM FOR INFORMATION: 95. Communication from Deputy Director, Youth Bureau, transmitting the Youth Bureau’s Annual Report for 2018/2019. F/S AND ATTACHMENT FILED. 96. Communication from Budget Director transmitting the Capital Improvement Program Status Report for the Quarter ending December 31, 2019. F/S AND ATTACHMENT FILED. 97. Communication from Commissioner of Finance transmitting the Interim Finance Report for the six months ending December 31, 2019. F/S AND ATTACHMENT FILED. 98. Communication from Chairman, Capital Projects Board, transmitting the Capital Improvement Program for Fiscal Years 2020-2026. F/S AND ATTACHMENT FILED.