White Plains Urban Renewal Agency

THE CITY OF WHITE PLAINS Official Proceedings of the Common Council Vol.106 City of White Plains,N.Y.,August6,2020 No.17 THE CITY OF WHITE PLAINS OFFICERS Mayor.................. THOMASM.ROACH Council President . . . . . . ... NADINEHUNT- ROBINSONCityClerk............... ANNEMCPHERSON COUNCIL MEMBERS: JustinBrasch John M.Martin NadineHunt-Robinson VictoriaPresser JohnKirkpatrick JenniferPuja A Special Meeting of the Common Council held Thursday August 6, at 4:30 o'clock in the Mayor's Conference Room. Mayor Roach presiding and the following members present: Mr. Brasch, Mr. Kirkpatrick, Mr. Martin, Ms. Presser, Mrs. Puja and the Mayor. Absent: Mrs. Hunt-Robinson. As authorized by the Governor's Executive Order No. 202.1, one or more members of the Common Council may attend this meeting by conference call or similar service. Due to the public health emergency and the order to limit gatherings and the spread of COVID-19, the meeting will be closed to in-person attendance by the public. The meeting will be aired live on the White Plains Cable Access Channels (Channel 75 on Altice and Channel 47 on FIOS) streamed on the City's website(http://whiteplainsny.swagit.com/live). This Special Meeting was called to consider an ordinance in reference to the use of the City's Right-of-Ways for Street Cafes. 1394 COMMONCOUNCILMINUTES August 6,2020 The Mayor noted that the City Clerk stated that Council President Hunt- Robinson could not be in attendance at this Special Meeting and has filed with the Clerk's Office a waiver of no objection with regard to those items needing unanimous consent. Communication from the Commissioner of Public Works. Mr. Martin moved that it/they be filed and spread in full upon the minutes. Mr. Kirkpatrick seconded the motion. Carried. TOTHEHONORABLEMAYORANDMEMBERSOFTHECOMMONCOUNCIL OF THE CITY OF WHITEPLAINS An Emergency Order, effective March 16, 2020, prohibited restaurants from offering in premises food and drink services in an effort to stop the spread of the coronavirus. Currently, restrictions remain in place that limit in premises food and drink services causing financial hardships to local businesses. Because the restaurants are an important and valued amenity to the residents and City, submitted herewith is legislation which would allow food establishments to use of a portion of the right-of-way to provide additional outdoor seating, until November 1, 2020. In addition to a permit fee of $400, all applicants shall comply with the rules and regulations established by the Commissioner of Public Works and this legislation. Respectfully submitted, Richard G. Hope Commissioner of Public Works Dated: August 6, 2020 Mr.Martinaskedunanimousconsenttoofferanordinanceentitled,"Ordinance of the Common Council of the City of White Plains authorizing the use of the City's Right- of-Ways for StreetCafes". Unanimous consent granted. Mr. Martin moved adoption of the following ordinance. August 6, 2020 COMMON COUNCIL MINUTES 1395 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS AUTHORIZING THE USE OF THE CITY'S RIGHT-OF-WAYS FOR STREET CAFÉ. WHEREAS,theMayor'sEmergencyOrder,effectiveMarch16,2020,prohibited restaurants from offering in premises food and drink services in an effort to stop the spread of the coronavirus;and WHEREAS, certain restrictions still apply, which limit the capacity of in premises dining; and WHEREAS, restaurant businesses have suffered a financial hardship due to the limitation of services; and WHEREAS, the City wants to promote and support local businesses; and WHEREAS, the City recognizes that the use of a portion of the right-of-way can add additional economic activity to local businesses. NOW, THEREFORE the Common Council of the City of White Plains hereby ordains and enacts as follows: Section 1. Definitions Applicant: The person or entity that owns or operates a food establishment adjacent to a proposed street café location. Food establishment: Any operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. Street Café: An outdoor dining area located in the right-of-way and within not more than 3 contiguous street parking spaces intended to provide expanded outdoor seating for wait service by an adjacent foodestablishment. Section 2. The Commissioner of Public Works is authorized to issue a permit for a street café, which shall be valid until November 1, 2020, subject to the following conditions: a. The Commissioner of Parking must determine that the elimination of parking spaces will not be detrimental to or have a negative impact on the area or existing traffic movement and safety, and that there is sufficient parking to serve the surroundingarea. b. The street café must be separated from traffic by a suitable temporary and portable barrier designed for such or similar use provided and maintained by the Applicant, which barrier must be approved by the Commissioner of PublicWorks. c. Operation of a street café shall not adversely impact adjacent or nearby residential, religious, educational or commercial properties, and shall be operated in accordance with all applicable codes and regulations. d. Street cafés shall close operations by 11:00 p.m. Notwithstanding the above, the hours of operation of a street café located in, near or abutting residences may be restricted as necessary by the Commis- sioner of PublicWorks. 1396 COMMONCOUNCILMINUTES August 6,2020 e. Furnishing of a street café shall consist solely of readily removable awnings, covers, railings, tables, chairs, planters containing live plants and accessories. Furnishings may not be attached, even in a temporary manner, to the street or other public property, except that covers and railings may be secured by means of flush mounted anchors in a manner to be approved by the Commissioner of Public Works. When the associated food establishment is not open and/or the street café is not in daily use, all furnishings shall be stored in a manner approved by the Commissioner of PublicWorks. f. Where the use of umbrellas is planned, advertising on the umbrellas shall be limited to the name of the foodestablishment. g. The operator of the street café shall keep the street café free of all debris, litter, grime and graffiti and shall keep any plants in good health. h. All alcoholic beverages to be served at a street café shall be prepared within the existing food establishment, and alcoholic beverages shall only be served to patrons seated at tables. The drinking of alcoholic beverages by a member of the public while a patron at a street café, within the confines of the street café area, shall not be construed as a violation of any ordinance controlling open containers in a public area. The operator of the sidewalk café shall take whatever steps are necessary to procure the appropriate license from the state liquor authority if the operator intends to serve alcoholic beverages in the street café area and shall comply with all other laws and regulations concerning the serving of alcoholic beverages in thisstate. i. The operator of the street café shall not serve food or beverages to a patronatastreetcaféareaunlessthatpatronisseatedatatable. j. The area approved for the street café must be restored to its original condition and be free and clear of all encumbrances, including but not limited to, the removal of barriers, anchors and any other fixtures by 5:00 p.m. on November 4,2020. k. The Applicant shall comply with any rules and regulations established by the Commissioner of PublicWorks. Section 3. Prior to the issuance of the permit, the Applicant shall file with the Commissioner of Public Works a certificate of insurance demonstrating that the Applicant has a satisfactory amount of public liability and property damage insurance and naming the City and the Commissioner of Public Works as named or additional insured for such insurance covering the operation of a street café. In addition, the Applicant shall file with the Commissioner of Public Works, on a form to be provided by the Commissioner of Public Works, an agreement to indemnify and save harmless theCity,its officers and employees against any loss or liability or damage, including expenses and costs for bodily injury, and for property damage, sustained by any person as a result of the Applicant's operation of a street café on publicproperty. Section 4. The Applicant shall pay a permit fee equal to $400.00 per parking space requested for the street café. August 6, 2020 COMMON COUNCIL MINUTES 1397 Section 5. Any person who shall violate any of the provisions of this Ordinance shall be liable to prosecution in the city court and/or any court of competent jurisdiction and shall upon conviction thereof, be liable for a fine of two hundred and fifty dollars ($250.00). Each and every day such violation continues shall be deemed a separate and distinct violation. Section 6. This Ordinance shall take effect immediately and shall expire on November 15, 2020. Mr. Kirkpatrick seconded the motion. Adopted by the following role call vote: Mr. Brasch, Kirkpatrick, Mr. Martin, Ms. Presser, Mrs. Puja and the Mayor - 6 - 0. Absent: Mrs. Hunt-Robinson. On motion of Councilman Martin, seconded and duly carried, the Common Council adjourned the meeting. Anne M. McPherson, CMC City Clerk