AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
Committee of the Whole 7:30 P.M.
Stated Meeting 8:00 P.M.
City Council Chambers
TIME:
PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK
DISTRICT
2 MAJORITY SANDY ANNABI
4 MINORITY LEADER LIAM J. McLAUGHLIN
COUNCIL MEMBERS:
DISTRICT:
1 PATRICIA D. McDOW
3 JOAN GRONOWSKI
5 JOHN M. MURTAGH
6 DEE BARBATO
Recitation of the Pledge of Allegiance to the Flag followed by a minute of silence
to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the stated meeting held on November 24, approved on motion of
Majority Leader Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. GENERAL ORDINANCE – OFF STREET PARKING 7/8
LOADING & RELOADING
NEW BUSINESS
2. GENERAL ORDINANCE – AMENDING CHAPTER 9/10
66 OF CODE (NOISE)
3. GENERAL ORDINANCE – AMENDING ZONING 11/12
CODE (SEX OFFENDER REGISTRY)
4. SPECIAL ORDINANCE – GRANT FROM US DEPT 13
OF ENERGY ($1,823,200)
5. SPECIAL ORDINANCE – GRANT ($15,000.00) FOR 14
ESTAMOS UNIDOS CELEBRATION
6. RES. – NEGATIVE DECLARATION - NOISE 15/16
ORDINANCE
7. RES. – AUTHORIZING MAYOR TO EXECUTE 17
GRANT AGREEMENT US DEPT OF ENERGY
GRANT ($1,823,200)
8. RES. – AUTHORIZING MAYOR TO EXECUTE 18
GRANT AGREEMENT ($15,000) ESTAMOS
UNIDOS CELEBRATION
9. RES. – SETTLEMENT – GARCIA ($1,000.00) 19
10. RES. – SETTLEMENT – VALDEZ ($4,212.00) 20
11. RES. – SETTLEMENT – CAPISTRAN ($25,000.00) 21
12. RES. – ROUND ROBIN – FENWAY SOUTH 22
13. RES. – ECONOMIC DEV. - RIVERVIEW II 23/25
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
3
INDEX (CONTINUED)
ITEM DESCRIPTION PAGE
14. RES. – COMMISSION ON RESPONSIBLE 26/27
DEVELOPMENT
15. RES. – ZONING CODE AMENDMENT 28/31
(HISTORIC OVERLAY ZONE)
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
4
COMMUNICATIONS
FROM THE CITY OF MT. VERNON CITY CLERK: NOTICE OF PUBLIC
HEARING TO BEING HELD BY MT VERNON CITY COUNCIL, WED.
DECEMBER 16, 2009 AT 7:00PM ON PROPOSED TEXT
AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT (PUD-2)
ZONING DISTRICT.
ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
6
PUBLIC HEARING
A GENERAL ORDINANCE AMENDING SECTION 43-130 OF THE
ZONING CODE OF THE CITY OF YONKERS IN REGARD TO NEW
BUILDING OR STRUCTURES EXEMPT FROM PROVIDING OFF –
STREET PARKING AND LOADING.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
7
OLD BUSINESS
GENERAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A GENERAL ORDINANCE AMENDING SECTION 43-130 OF THE
ZONING CODE OF THE CITY OF YONKERS IN REGARD TO NEW
BUILDINGS OR STRUCTURES EXEMPT FROM PROVIDING OFFSTREET
PARKING AND LOADING.
The City of Yonkers, in City Council convened, does hereby
ordain and enact:
Section 1.Section 43-130 of the Zoning Code of the City of
Yonkers, entitled “New buildings or structures exempt from
providing off-street parking and loading.” is hereby amended, in
part, to read as follows:
“Section 43-130. New buildings or structures exempt from providing
off-street parking and loading.
A. New buildings or structures or enlarged or otherwise altered
buildings or structures in the CB, DW, GC Districts shall be
exempt from providing new or additional off-street parking or
loading spaces until October 6, 2006, provided that no
existing off-street parking or loading spaces provided on the
property shall be eliminated or reduced in number, and
except that the location, size or layout of such existing
spaces may be changed in conjunction with the site plan
review.
B. New Building or structures or enlarged or otherwise altered
building or structures in any historic district, already created
at the time this ordinance becomes effective, in the CB, DW,
GC Districts shall be exempt from providing new or
additional off street parking and loading spaces for nonresidential
uses (except restaurant and eating and drinking
establishments) with less than or equal to 4000 SF per
establishment up to a total of 9000 square feet in total nonresidential
uses per building.”
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
8
GENERAL ORDINANCE (CONTINUED)
Section 4. Chapter 43 Article X of the Zoning Code of the
City of Yonkers entitled “Off-Street Parking and Loading”, is hereby
amended in part by adding a new Section 138 entitled “ Reduced
Parking Requirements for certain Apartment Houses, Live-Work
Buildings, Multifamily Dwelling Units and Multiple-family Dwelling
Units.” which shall read as follows:
“Section 43-138. Reduced Parking Requirements for certain
Apartment Houses and Live-Work Units
Under Section 43-130-B, for new construction of Apartments and
Live-Work Units within one-quarter (1/4) of a mile of an active train
station used for passenger rail-transportation purposes, the
minimum number of required parking spaces shall be one parking
space per apartment or live-work unit.”
Section 5. Chapter 43, Article X of the Zoning Code of the
City of Yonkers is hereby amended in part by adding a new
footnote to be 43-4 Schedule of Parking Requirements to read as
follows:
“Note: Under Section 43-130- B, when an apartment unit or a livework
unit is within one quarter (1/4) mile of an active passenger
train station Section 43-138 shall apply.”
Section 6. This Ordinance shall take effect immediately
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
9
NEW BUSINESS
GENERAL ORDINANCE
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A GENERAL ORDINANCE AMENDING CHAPTER 66 OF THE CODE OF
THE CITY OF YONKERS KNOWN AS “NOISE” RELATING TO
EXEMPTING CERTAIN NOISE FROM COMMERCIAL AND INDUSTRIAL
SOURCES IN ORDER TO FACILITATE THE REDEVELOPMENT OF
THE CITY OF YONKERS.
Be it ordained by the City Council of the City of Yonkers, as follows:
Section 1. Chapter 66 of the Code of the City of Yonkers entitled
“Noise” is hereby amended, in part, by amending the current Section 66-6
thereof entitled “Exemptions” by adding thereto a new Sub-Section K
thereof, to read as follows:
“ §66-6. Exemptions.
The following sounds are exempted from the restrictions of
this chapter:
K. The sounds in excess of 50 dBA as measured at a
residential property, where such sounds are generated from an
industrial or commercial facility described in section K(1) provided
further that the sound level from such facility does not increase
beyond the sound level from the facility’s normal overall operations
as of the effective date of this amendment. :
(1) an industrial or commercial facility that does not meet the noise
standards of section 66-5(E) or 66-5(F) of Chapter 66 of the Code
due to the introduction of a residential use on an adjacent or nearby
property due to a rezoning, a new land use, or a new occupancy in
an otherwise existing building, where such new residential use
begins on or after the effective date of this amendment provided
that this exemption applies solely with respect to such new
residential use.”
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
10
GENERAL ORDINANCE (CONTINUED)
Section 2. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
11
GENERAL ORDINANCE
3. BY MINORITY LEADER McLAUGHLIN, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A GENERAL ORDINANCE AMENDING SECTION43-34 OF THE
ZONING CODE OF THE CITY OF YONKERS IN REGARD TO
REGISTERED SEX OFFENDERS IN CERTAIN SECTIONS OF THE
CITY.
The City of Yonkers, in City Council convened, does hereby ordain
and enact:
Section 1.Section 43-34 of the Zoning Code of the City of Yonkers
entitled “Supplemental regulations for certain residential uses.’ is hereby
amended, in part by adding a new subdivision “H” entitled “Registered sex
offenders” to read as follows:
“Section 43-34. Supplemental regulations for certain residential
uses.
H. Legislative Intent.
The City Council of the City of Yonkers hereby intends to exercise
its powers to protect the health and safety of its residents, and in particular
its youngest and most vulnerable residents, from the increasing number of
registered sex offenders who are released into the community.
The City Council is especially concerned with individuals who have
been categorized as Sex Offenders who are considered by State
authorities to be at risk of committing another sexual crime.
Based on the State’s own assessment of such individuals, the City
Council does hereby find that Level I, Level II and Level III Sex Offenders
may constitute a threat to public safety and therefore enacts the
restrictions contained herein to safeguard the citizens of Yonkers to
restrict the residency of individuals who are known to pose a threat to
public safety.
Section 1. Residency where prohibited. Except as may be provided in the
Corrections Law, registered Level II and Level III Sex Offenders are
hereby prohibited from residing within a radius of one half mile from any
entrance to a public or private school day care center park or playground
or within such premises.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
12
GENERAL ORDINANCE (CONTINUED)
Section 2. The Commissioner of Buildings and Housing may coordinate
the enforcement of this law with the Commissioner of Police.
Section 3. This law will not apply to a person
a. required to serve a sentence at a jail, prison, juvenile facility or
other correctional institution or facility; or
subject to an order of civil or criminal commitment under state law;
or
b. who is a minor or a ward under a guardianship.
Section 4. This law will also not apply to any registered Sex Offender living
in the City of Yonkers prior to December 8, 2009, unless said person
relocates.
Section 5. Any person violating the provisions of this section, 43-34 H,
shall, upon conviction thereof, be deemed guilty of a misdemeanor and
shall be punished by a fine of not less than one thousand dollars ($1000.)
nor more than ten thousand dollars ($10,000.) or by a term of not more
than one (1) year, or by both such fine and imprisonment.”
Section 2. The City Clerk, in coordination with the Commissioner of
Police and appropriate State agencies, shall cause notification of such
prohibition to be delivered in writing to each and every registered Sex
Offender residing within the City of Yonkers as well as those residing
within Westchester County, with a copy of such notice to the Yonkers
Police Department, the New York State Division of Parole and the
Westchester County Department of Probation as well as to any other such
public agency as the City Clerk , in his or her judgment, shall determine
has an interest in such notification.
.
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
13
SPECIAL ORDINANCE
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the
Planning and Development Department. To perform energy audits of City
facilities and replacement windows at City Hall as well as retrofit lighting
for the Performing Arts Center at Sarah Lawrence College.
Increase Estimated Revenues
U.S. Dept. of Energy 049-G12-1609-3130 $1,823,200
Increase Appropriation
Professional Fees 049-G12-1609-0413 $163,200
Special Projects 049-G12-1609-0496 $1,660,000
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
14
SPECIAL ORDINANCE
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS
GRANTS BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the Parks
Department for a grant from Andrea Stewart Cousins, NYS Senate
relating to the Estamos Unidos Activities.
Increase Estimated Revenues
Legislative Member Item 049-G18-8053-7432 $15,000.00
Increase Appropriation
Parks Dept. – Special Projects 049-G18-8053-0496 $15,000.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
15
RESOLUTION
6. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION OF THE YONKERS CITY COUNCILAUTHORIZING THE
ISSUANCE OF A DETERMINATION OF SIGNIFICANCE PURSUANT TO
THE STATE ENVIRONMENTAL QUALITY REVIEW ACT RELATING TO
THE AMENDMENT OF THE NOISE CODE OF THE CITY OF YONKERS.
WHEREAS, there is pending before the Yonkers City Council an
ordinance for the amendment of the Noise Code of the City of Yonkers,
more specifically, the addition of a new §66-6(K), to exempt certain preexisting
industrial or commercial noise levels, where the introduction of a
new residential use would otherwise render such pre-existing noise level
in a violation of §§66-5(E) or 66-5(F) of the Noise Code (the "Proposed
Action"); and
WHEREAS, the City Council has determined that the Proposed
Action is an "Unlisted" Action under §617.2 (ak) of the State
Environmental Quality Review Act ("SEQRA"), thus requiring the City
Council to comply with the regulations promulgated pursuant to SEQRA;
and
WHEREAS, a Short Environmental Assessment Form ("EAF") has
been prepared to assist the City Council in complying with its
responsibilities under SEQRA in connection with the Proposed Action; and
WHEREAS, the City Council has carefully considered the Proposed
Action and has reviewed the EAF and the criteria set forth in Section
617.7 of 6 N.Y.C.R.R. Part 617 of the SEQRA regulations and has
identified and carefully considered the relevant areas of environmental
concern as are fully set forth in the EAF to determine if the Proposed
Action will have a significant adverse impact upon the environment; and
NOW THEREFORE, BE IT RESOLVED by the Yonkers City
Council that, based upon its review of the EAF and for the reasons set
forth therein, it is determined that the Proposed Action will not cause any
significant adverse impact on the environment; and,
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
16
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, that the Council President is
authorized and directed to sign the Determination of Significance on the
Environmental Assessment Form, on behalf of the City Council pursuant
to Article 8 of the Environmental Conservation Law, indicating that the
Proposed Action will not result in any significant adverse impact on the
environment, and to immediately transmit same to be filed and made
available pursuant to the requirements of 6 N.Y.C.R.R. Part 617; and
BE IT FURTHER RESOLVED, that this Resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
17
RESOLUTION
7. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the Planning Department of the City of Yonkers has
been awarded a $1,823,200 grant from the United States Department of
Energy for the purposes of energy efficiency and conservation; and
WHEREAS, the grant will provide for energy audits of the facilities
of the City of Yonkers, as well as window replacements in City Hall and
lighting retrofits for the Performing Arts Center at Sarah Lawrence
College; and
WHEREAS, the grant is for a two year period, being from
September 30, 2009 until September 29, 2012 and such funding does not
require a cash match from the City of Yonkers; and
WHEREAS, the Mayor of the City of Yonkers, or his designee, is
hereby authorized to execute such agreement with the United States
Department of Energy and receive such award in order to provide such
funds to the Planning Department of the City of Yonkers;
NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City
of Yonkers is hereby authorized to execute the grant agreement with the
United States Department of Energy in order to implement the program
and receive the award; and be it further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
18
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the Yonkers Department of Parks, Recreation and
Conservation has been awarded a $15,000 Legislative Grant from the
State of New York to fund the Estamos Unidos Celebration Activities for
the fiscal year of 2009-2010, through the efforts of State Senator Andrea
Stewart Cousins; and
WHEREAS, there are no matching funds required from the City of
Yonkers; and
NOW, THEREFORE, BE IT RESOLVED, by the Yonkers City
Council, that it does hereby endorse and approve the application and
award for a $15,000 Legislative Grant in support of the Estamos Unidos
Celebration Activities, and be it further,
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
19
RESOLUTION
9. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
ONE THOUSAND DOLLARS ($1,000.00) of the claim entitled, "In the
Matter of the Claim MARIA A. GARCIA, (residing at 35 Hawthorne
Avenue 2, Yonkers, New York 10701) Claimant against THE CITY OF
YONKERS, Respondent", for property damage arising out of an alleged
accident on July 22, 2009, alleging that her vehicle was struck by a City of
Yonkers police vehicle be and the same hereby is approved and the
Comptroller of the City of Yonkers is directed to draw his warrant in the
amount of ONE THOUSAND DOLLARS ($1,000.00) in favor of said
claimant.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
20
RESOLUTION
10. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
Four Thousand Two Hundred and Twelve ($4,212.00) of the action
entitled, “Johanna Valdez, (residing at 76 Saratoga Avenue, 2nd Floor,
Yonkers, New York, 10705), Plaintiff against THE CITY OF YONKERS,
Defendant", for property damage arising out of a motor vehicle accident on
January 29, 2009 in the parking lot of 61 South Broadway, in Yonkers,
New York, be and the same hereby is approved and the Comptroller of the
City of Yonkers is directed to draw his warrant in the amount of Four
Thousand Two Hundred and Twelve Dollars ($4,212.00) in favor of said
plaintiff.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
21
RESOLUTION
11. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) of the
action entitled, "DIEGO CAPISTRAN, an infant by his father and natural
guardian, RUBEN CAPISTRAN, and RUBEN CAPISTRAN, individually
(residing at 150 Park Avenue, Yonkers, New York 10703), Plaintiffs,
against THE BOARD OF EDUCATION OF THE CITY OF YONKERS and
THE CITY OF YONKERS, Defendants", for personal injuries and medical
expenses arising out of an incident on June 22, 2007 wherein it is alleged
that the infant plaintiff was injured when he slipped in the playground at
Museum School 25 and his left leg went under the unsecured, rusty, sharp
bottom edge of the fabric of the chain link fence in that playground at
Museum School #25 in the City of Yonkers, be and the same hereby is
approved and the Comptroller of the City of Yonkers is directed to draw
his warrant in the amount of TWENTY-FIVE THOUSAND AND 00/100
DOLLARS ($25,000.00) in favor of said plaintiffs and their attorneys,
Andrea & Towsky, Esqs., pursuant to the terms of the Infant’s
Compromise Order dated November 9, 2009 of the honorable William J.
Giacomo, Justice of the Supreme Court.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
22
RESOLUTION
12. BY MINORITY LEADER McLAUGHLIN, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, a number of residents of the area near Fenway South
have requested the City declare the existing portion of Fenway South,
between West Delano Avenue and Parkway North to be a public street;
and
WHEREAS, the City Council of the City of Yonkers hereby
authorizes the commencement of a “Round Robin” to initiate the process
where information is gathered by various City departments to determine
the proper conclusion for such request; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby authorizes the City Clerk to institute a Round
Robin to determine if it would be in the best interests of the City of
Yonkers to declare the existing portion of Fenway South between West
Delano Avenue and Parkway North to be a public street; and
BE IT FURTHER RESOLVED, that this resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
23
RESOLUTION
13. BY COUNCILMEMBER McDOW; COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHIN,
COUNCILMEMBERS GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YONKERS
AUTHORIZING THE YONKERS ECONOMIC DEVELOPMENT
CORPORATION TO PROVIDE FINANCIAL ASSISTANCE TO THE
RIVERVIEW II, LP
WHEREAS, the City of Yonkers (the “City”) is tasked with the
responsibility and burden to promote the health, safety and general
welfare of the residents of the City by and among other things preventing
unemployment and economic deterioration including by increasing and
maintaining employment opportunities and attracting and sustaining
economically sound commerce;
WHEREAS, in furtherance of its public purposes, the City has
supported the provision of taxable and tax-exempt financing by the City of
Yonkers Industrial Development Agency (the “Agency”) and of certain
other financial incentives to for-profit entities and not-for-profit corporations
to promote the creation and preservation of employment opportunities for
residents of the City and development of economically sound commerce
consistent with the City’s burdens and responsibilities as expressed
above;
WHEREAS, there are occasions where financial assistance cannot
be provided by the Agency and/or will be delivered in a more cost effective
form through a not for profit corporation recognized by the City;
WHEREAS, the Yonkers Economic Development Corporation (the
“Corporation” or “YEDC”), was formed on May 30, 2007 as a not-for-profit,
local development corporation (“LDC”) pursuant to Section 1411 of the
Not-for-Profit Corporation Law (the “N-PCL”) of the State of New York (the
“LDC Act”) and its Certificate of Incorporation of the Corporation, as filed
by the Department of State May 31, 2007 (the “Certificate of
Incorporation”), for the purposes described in N-PCL Section 1411 and is
anticipated to provide financial assistance to the SFC Yonkers Project
where financial assistance cannot be provided by the Agency and/or will
be delivered in a more cost effective form through the Corporation;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
24
RESOLUTION (CONTINUED)
WHEREAS, like the SFC Yonkers Project, there are portions or
whole projects that may be unable to access financial assistance through
the Agency and/or the financial assistance can be delivered in a more cost
effective form through the YEDC;
WHEREAS, Riverview II Preservation, LP originally had the Agency
issue $28,596,156 Multi-Family Housing Revenue Bonds (Riverview II
Preservation, LP Project), Series 2007 and now desires to refund said
bonds through a bond issuance by YEDC such that the project has access
to this form of financial assistance in the most cost effective manner;
WHEREAS, the Certificate of Incorporation and Bylaws of the
YEDC are presented to this meeting in the form attached; and
WHEREAS, to accomplish its job creation and other economic
development responsibilities and to relieve the governmental burdens
related to same, and to facilitate the ability of for-profit entities and not-forprofit
corporations to access capital for projects that enhance, create and
preserve employment opportunities for residents of the City, the City
desires to task the YEDC with such burdens and responsibilities and
authorize the YEDC to issue bonds on behalf of the City for such purposes
and to work cooperatively with the Agency to achieve such public
purposes; PROVIDED IN NO EVENT SHALL THE DEBTS OF THE YEDC
BE A DEBT OF THE CITY; and
NOW, THEREFORE, BE IT RESOLVED, that the City approves the
Certificate of Incorporation and the Bylaws; and be it
FURTHER RESOLVED, the City hereby designates the YEDC as
and on behalf of issuer of the City for the purpose of issuing bonds to
assist the Riverview II Preservation LP sole Project with the authority to
exercise on the City’s behalf all lawful powers as may be deemed
necessary to accomplish its public purposes including to enhance, create
and preserve employment opportunities for residents of the City, which
such powers shall include, but not be limited to, those powers described in
N-PCL Section 1411 and the Corporation’s Certificate of Incorporation,
with the power to issue tax-exempt and taxable bonds, notes, or other
obligations in furtherance of the Corporation’s purposes, provided
however that any obligations issued by the YEDC shall never be a debt of
the State of New York, the City or any political subdivision thereof and
neither the State of New York, the City or any political subdivision thereof
shall be liable thereon; and be it
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
25
RESOLUTION (CONTINUED)
FURTHER RESOLVED, that this resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
26
RESOLUTION
14. BY COUNCILMEMBER McDOW, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS, GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers facilitates Economic Development
through its Office of Economic Development, Empire Zone Office,
Empowerment Zone, Community Development Agency, Industrial
Development Agency, Parking Authority and other entities; and
WHEREAS developers of commercial, residential and mixed use
projects, frequently seek approval from the City Council, the Planning
Board, the Zoning Board of Appeals, the Landmarks Board, or other
bodies; and
WHEREAS, during the approval process developers frequently
make promises to the community and the approving entities as to the
physical, social and economic aspects of the proposed projects including,
but not limited to, women and minority enterprises, Yonkers First
Source Hiring Program, affordable housing, energy conservation, historic
preservation, and other community benefits; and
WHEREAS, the City Council of Yonkers deems it essential that a
Yonkers Commission on Responsible Development be established for
the purpose of ensuring that development is beneficial to the City of
Yonkers, developers are accountable to the City; and that that the
residents and City Council are kept informed on the progress of the project
development.
BE IT RESOLVED, that the City Council creates the Commission
on Responsible Development whose purpose is to track the process of
economic development projects and written promises made to the
community and the City during the approval process.
BE IT ALSO RESOLVED, that the Commission on Responsible
Development will be comprised of the following nine (9) members: one (1)
representative from the Inspector General’s office; one (1) representative
from the Commission on Human Rights.; and seven (7) Community
Members (appointed by the City Council).
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
27
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, that the terms for each member
shall be as follows:
1) The slots designated for the Inspector General’s office and the
Commission on Human Rights shall be permanent positions without a
specific term.
2) The slots designated for the seven (7) members appointed by the City
Council shall be for three years in duration.
A. However, that of the members first appointed, four (4), who are
appointed by Council members from districts one, three and five, shall
be appointed for a period of three (3) years, and three (3), who are
appointed by Council members from districts two, four, and six and the
council president shall be appointed for a period of two (2) years.
B. Any member chosen to fill a vacancy occurring, otherwise then by
expiration of term, shall be appointed for the unexpired term of the
member whom he or she is to succeed.
3) The Chairperson and the Vice Chairperson of the Commission shall be
nominated by the commission and confirmed by the City Council and
the terms of office of each shall be for a period of three (3) years.
BE IT FURTHER RESOLVED, the Commission on Responsible
Development shall submit a bi-annual report to the City Council of
Yonkers during the first three (3) years of the project development, then
an annual report at the close each fiscal year thereafter until the project
ends; or as requested by the City Council of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
28
RESOLUTION
15. BY COUNCILMEMBERS MURTAGH AND BARBATO, COUNCIL
PRESIDENT LESNICK, MAJORITY LEADER ANNABI, MINORITY
LEADER McLAUGHLIN, COUNCILMEMBERS McDOW AND
GRONOWSKI,
A RESOLUTION AMENDING THE ZONING CODE OF THE CITY OF
YONKERS (CH. 43 OF THE CODE OF THE CITY OF YONKERS) TO
CREATE A NEW HISTORIC OVERLAY ZONE
43. HISTORIC OVERLAY ZONES
1. Purpose
It is the intent and purpose of an Historic Overlay Zone to encourage and
promote the educational, cultural, and economic welfare of the citizens of
the City of Yonkers by preserving and protecting historic structures, sites,
monuments, streets, areas and neighborhoods which serve as visible
reminders of the history and cultural heritage of the community.
Furthermore, it is the purpose of such zones to strengthen the economy of
the community. Furthermore, it is the purpose of this district to strengthen
the economy of the City by stabilizing and improving property values in
historic areas, and to encourage construction and development that will be
harmonious with existing historic structures and areas.
An Historic Preservation Overlay Zone shall operate in conjunction with
any other zoning district over which it is imposed, and such areas may be
used as permitted by the underlying zoning districts except as may be
specifically restricted by this section. Where the regulations and
permitted/conditional uses of a zoning district conflict with those of the
Overlay Zone, the more restrictive standards apply.
2. Imposing or Extending an Historic Overlay Zone
An Historic Overlay Zone shall be imposed or extended in a manner
similar to other zoning changes, except that a public hearing shall be
conducted by the Landmarks Preservation Board, and a recommendation
by that Board shall be made to the Yonkers City Council. The public
hearing shall be advertised in a newspaper of general circulation in the
City of Yonkers, for a period of not less than fifteen (15) days prior to the
hearing date.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
29
RESOLUTION (CONTINUED)
3. Jurisdiction of the Landmarks Preservation Board
The City of Yonkers Landmarks Preservation Board (the “Board”) shall be
responsible for the preservation and protection of historically and
architecturally significant structures, and to preserve the cultural and
historical heritage of the City within the designated Historic Overlay Zones.
4. Exterior Alterations of Historic Structures and Sites
In order to protect and preserve the distinctive characteristics of historic
buildings within an Historic Overlay Zone, all exterior alterations and
additions to designated City of Yonkers Landmark structures and districts
shall remain subject to review and approval by the Board in accordance
with the provisions of this Code with regard to Landmarks preservation
and demolition.
5. Demolition and Moving of Historic Structures
In order to ensure that historical and culturally distinctive structures are
moved or destroyed only after all other alternatives have been considered,
all moving and demolition permits for historic structures in this overlay
district shall be approved in accordance with the provisions of this Code
with regard to Landmarks designation and demolition.
6. Non-Historic Existing Structures
Structures which are not designated City of Yonkers landmarks
themselves or are not within a designated Historic District, but are located
within an historic overlay zone can and often do have a significant impact
upon surrounding historic structures and sites. Therefore, in order to
preserve the historic character of the district, all exterior alterations and
additions to such structures and sites shall be subject to review and
approval by the Board. Review is not required for repair, maintenance,
and replacement with comparable materials.
In its review of alterations or additions to existing non-historic structures
the Board’s review and approval shall be limited to consideration of
whether the proposed alteration will or will not further deviate from the
historical character, appearance, or material composition than its current
state.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
30
RESOLUTION (CONTINUED)
7. New construction
It is just as vital, than any development and construction of new structures
within historic overlay zones be compatible with the historic character of
the area. Therefore, building permits for such structures located within
historic overlay districts shall be subject to review and approval by the
Board.
In its review of proposed new construction the Board’s review and
approval shall be limited to consideration of whether or not the materials
and design of proposed new construction will or will not conflict with or
detract from nearby historic structures or the district as a whole.
8. Procedures
A special historic overlay zone application for new construction,
alterations, moving or demolition shall be prepared for use by the Office of
the Corporation Counsel in cooperation with the Buildings Department and
the Landmarks Preservation Board.
Such application will, thereafter be required to be submitted to the Building
Department along with the required building permit application in
connection with any property within an Historic Overlay District.
Applications shall be reviewed by the City Planning Staff, and a staff
recommendation issued to the Board. (Applications must be submitted no
less than thirty (30) days prior to the regularly scheduled Board meeting in
order to be placed on the agenda). Incomplete applications may be
returned, or may require additional information.
At a minimum, the historic preservation overlay district application shall
include:
A. A description of the location of the property, address, tax parcel
numbers, and site of proposed work.
B. A detailed site plan showing the location of the structure on the site,
setback dimensions, the location of driveways, streets and
alleyways, landscape areas, and the general location of structures
on adjacent lots. Photographs may be used in addition to the site
plan.
C. A description of the proposed construction or alteration detailing the
objectives of the work, listing the proposed changes as well as the
materials and design (wood, brick, stucco, paint color, lighting etc.)
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
31
RESOLUTION (CONTINUED)
D. A summary of the history of the structure in question including but
not limited to its age, architectural style, chain of title and any other
information bearing upon its historic or architectural significance.
Upon receipt of an application, the Board may request that a public
hearing be conducted prior to rendering a decision on the application. The
public hearing may be held in conjunction with the next scheduled meeting
of the board or scheduled separately. In either case, notice of the hearing
must be given in a newspaper of general circulation in the city, at least
fifteen (15) days in advance of the hearing.
9. Design Standards
The Board shall construct and maintain a set of specific design standards
for each individual Historic Preservation Overlay Zone. Such standards
shall be presented to the Yonkers City Council for adoption by ordinance.
The design standards should be tailored to reflect the historic character of
each individual overlay district.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
32
COMMITTEE REPORTS
