A GENERAL ORDINANCE AMENDING CHAPTER 43 OF

THE CODE OF THE CITY OF YONKERS KNOWN AS

THE ZONING ORDINANCE AND ZONING MAP OF THE

CITY OF YONKERS TO ADD A NEW "PLANNED FILM &

EDUCATIONAL DEVELOPMENT USE" AS A SPECIAL

USE PERMIT TO THE MG DISTRICT AS DESCRIBED

AND DEFINED IN SECTION 43-74 THEREOF

GO.4-2025

The City of Yonkers, in the City Council convened, does hereby

ordain and enact:

Section 1. Recitals

WHEREAS, on July 18, 2024, i.Park Riverdale, LLC

("iPark") filed a petition in the Office of the Yonkers City Clerk,

proposing to develop its property located at 501 Hawthorne

Avenue (Tax Map Section 1, Block 1, Lot 2) in southwest

Yonkers (the "Property"), to include a "Media and Production

Magnet School," to be called the "Robert Halmi, Sr. Academy for

Film and Television (the "Academy"); and

WHEREAS, i.Park Riverdale, LLC (the “Applicant”) is

seeking to redevelop the property at 501 Hawthorne Avenue

(Project Site), including updating existing facilities for education

and office use, and constructing a 90,000 sq. ft. studio complex

with a 250-space parking structure. The Applicant proposes to

amend the Zoning Code text for the MG zoning district, allowing

"Planned Film and Educational Development" as a Special

Permit Use. In order to be able to apply for a Special Use Permit

for a "Planned Film and Educational Development" the applicant

must have 25 acres or more of contiguous acres and existing

structures to be reused for educational purposes

WHEREAS, the Academy is projected to enroll 400 to 600

students in grades 6 through 12, providing these students access

to a fully operational studio complex, including film-making, set

design, set direction, costume design and post-production; and

WHEREAS, iPark proposes to renovate and adapt the

current structures on the property, including extensive renovation

of the Biondi School, Ames School, and Administration buildings

for use as middle and high schools as part of and to be operated

by the Yonkers Board of Education; and

WHEREAS, the iPark development proposal will provide

hands-on, realistic educational opportunities for Yonkers

students and direct paths to employment and apprentice

opportunities in the media, film and studio industries; and

WHEREAS, on January 28, 2025 the Yonkers City

Council conducted a Public Hearing

WHEREAS, the Yonkers Planning Board Assumed Lead

Agency status under the State Environmental Quality Review Act

on October 9, 2024; and

WHEREAS, on December 8, 2024 in accordance with the

provisions of 6 NYCRR Part 617.7, the City of Yonkers Planning

Board, acting as Lead Agency for this Type I Action involving

Coordinated SEQR review, having reviewed and analyzed a Full

Environmental Assessment Form (FEAF) with supporting

environmental analyses and site plans for the proposed property

and its use, determined that the action as set forth below will not

have a significant adverse impact on the environment and the

Planning Board adopted a Negative Declaration; and

WHEREAS, this application requires a recommendation

by the Planning Board per Section 43-164 of the Code of the City

of Yonkers; and

WHEREAS, the City Council has carefully examined the

Application and the Applicant’s materials, including the Zoning

Petition of the Applicant, dated July 18, 2024, and as further

detailed in “The Rezoning Study - Establishment of Planned Film

& Education Developments” dated May 24, 2024, and

WHEREAS, The City Council has duly considered the

record, together with the action, and the Planning Board’s

analysis, findings and conclusions associated with the proposed

development and zoning amendment in accordance with

procedures set forth at 6 NYCRR Part 617 and the criteria set

forth at 6 NYCRR Part 617.7 pursuant to the requirements of the

State Environmental Quality Review Act (SEQRA)

WHEREAS, the City Council, finds that approval of the

redevelopment of the Project Site, and the amendment of the

Zoning Code text for the MG zoning district, allowing "Planned

Film and Educational Development" as a Special Permit Use,

would not have a significant adverse impact on the environment

for the reasons stated therein; and

WHEREAS, the City Council finds that the redevelopment

of the Project Site and the amendment of the Zoning Code text

for the MG zoning district, allowing "Planned Film and

Educational Development" as a Special Permit Use, is consistent

with the goals of the City’s Comprehensive Plan to encourage

economic development in that the expansion of film and studio

uses at the Project Site will help create jobs and remain

competitive in the region.

Section 2. Chapter 43 of the Code of the City of

Yonkers, specifically Section

43-74 of the Zoning Code entitled, “Special use permit

requirements for certain business, commercial and office uses”,

is hereby amended in part by adding a new subsection (K)

entitled, “Planned film and educational development” to read as

follows:

§43-74(K) Planned film and educational development

(1) Locations of permitted Planned Film and Educational

Development. The Yonkers City Council has determined that a

planned film and educational development is permitted by

special use in the following areas within the MG District:

(a) On tracts of land of 25 or more contiguous acres; and

(b) Already contains existing structures proposed to be reused

for educational or film industry facilities.

(2) Preliminary determination. An applicant may apply to the

Planning Board for a Planned Film and Educational

Development. Such application shall be accompanied by a

sketch plan indicating, in general, the plan, proposed uses, and

the manner in which the application will be in compliance with the

conditions of this Section. The applicant shall provide sufficient

detail to assist the Planning Board in making a preliminary

determination as to the desirability of the location of a Planned

Film and Educational Development at the site in question.

(3) Application. If, in the opinion of the Planning Board, such a

Planned Film and Educational Development will assist in

achieving the objectives of the City of Yonkers Comprehensive

Plan, Zoning Ordinance, Official Maps or other codes and

ordinances, the applicant shall be directed to file a complete

special use permit and site plan application. Following an

approval of a special use permit application by the Planning

Board, a transcript of the Planning Board's public hearing and a

copy of its findings and decisions shall be forwarded to the

Yonkers City Council within 20 days. Within 45 days of receipt of

the Planning Board's decision, the City Council shall approve,

disapprove, or approve with modifications the decision of the

Planning Board with respect to the granting of the special use

permit.

(4) Following approval of the special use permit by the Planning

Board and the Yonkers City Council as required for special use

permits, a site plan of the Planned Film and Educational

Development shall be submitted in accordance with the

requirements of Article IX, Site Plan Review, of this chapter.

(5) Adaptive reuse of existing buildings. To the greatest extent

possible, existing buildings are to be incorporated into any

Planned Film and Educational Development

(6) Permitted Uses.

(a) The uses as identified by the underlying MG district shall

continue to apply.

(b) Additional principal uses maybe permitted as follows:

[1] Audio, radio, video, television stations and studios

[2] Theater and movie theaters

[3] Colleges/ Universities

[4] Schools

[5] Offices

[1] Restaurants, commissary and in-house

[2] Accessory warehousing and storage

[3] Solar Energy Collectors

(7) Criteria for Planned Film and Educational Development.

(a) Dimensional standards. The dimensional regulations shall be

consistent with the minimum requirements in the MG Zone

District, as per Table 43-3, Schedule of Dimensional

Requirements, except:

[1] Maximum Percentage Building Coverage shall be 60%.

[2] Maximum Stories/Height shall be 4 stories or 60 feet,

whichever is less.

(b) Parking standards. The parking and loading requirements in

the Schedule of Parking and Loading Requirements (§ 43-128,

Tables 43-4 and 43-5) shall apply, except as follows:

[1] The Planning Board may reduce the parking requirements in

Table 43-4, Schedule of Parking Regulations, up to 20% for new

development when a parking analysis is provided to the

approving board demonstrating that the proposed parking will be

adequate for the proposed on-site uses.

[2] Any application may also propose alternative methods of

parking as listed in 43-132(C).

[1] Developments shall be designed to complement the existing

historic and/or traditional design elements found on-site to the

greatest extent possible.

[2] Materials used for non-studio buildings shall complement the

materials found on-site and in the surrounding neighborhood.

Traditional materials such as brick, stone, wood siding, metal

and windows are preferred to plastic, vinyl, artificial stone and

siding materials.

[3] The front and principal facades shall not be encumbered with

heating, air conditioning or ventilation equipment, with the

exception of air conditioners in wall sleeves.

Section 3. General Ordinance No.4 -2000 and the

accompanying map, also known as Chapter 43 of the Code of

the City of Yonkers, and more commonly known as the Zoning

Code of the City of Yonkers, is hereby amended, by amending

Table 43-1 of the Schedule of Use Regulations, Business,

Commercial and Office Uses in part, by adding alphabetically a

“Planned film and educational development” use under the Use

Column and adding “MG” under the District column and inserting

a S in the columns for MG district and amendment of the chart to

make the following changes to read as follows:

OL BR B BA CB DW GC C CM IP I PMD A&I CA

L-MX MG

Planned film and educational

development

Section 4.General Ordinance No.4 -2000 and the

accompanying map, also known as Chapter 43 of the Code of

the City of Yonkers, and more commonly known as the Zoning

Code of the City of Yonkers, is hereby amended, by amending

Table 43-2 of the List of Use Regulations by District, MG District:

apartment houses, low-density, in part, by adding alphabetically

a “Planned film and educational development” use in the

Principle Uses category under “Uses permitted subject to special

use requirements”.

Section 5.General Ordinance No.4 -2000 and the

accompanying map, also known as Chapter 43 of the Code of

the City of Yonkers, and more commonly known as the Zoning

Code of the City of Yonkers, is hereby amended, by amending

Table 43-3 of the Schedule of Dimensional Regulations for

Residential Uses, in part to add a new note enumerated as “9” to

the MG District to read as follows:

District

S-200 S-100 S-75 S-60 S-50 T MG9 M A B BA CB

L-MX

Notes continued:

9 The dimensional requirements for Planned Film and

Education Developments shall be consistent with the minimum

requirements in the MG Zone District, except:

(1) Maximum Percentage Building Coverage shall be 60%.

(2) Maximum Stories/Height shall be 4 stories or 60 feet,

whichever is less.

Section 6.This ordinance shall take effect immediately.

This General Ordinance was adopted as amended.

Breen, Collins-Bellamy, Robinson, and Rubbo

Aye:

Merante, and Pineda Isaac

Diaz

Nay:

Absent:

RESOLUTION ISSUING A HOME RULE MESSAGE FOR

SENATE BILL NO. S432 AND ASSEMBLY BILL NO.

A5329, AN ACT TO AMEND THE LOCAL FINANCE LAW,

IN RELATION TO THE MORTGAGE RECORDING TAX

OF THE CITY OF YONKERS

RES.36-2025

WHEREAS, the City of Yonkers currently receives

revenue from a Mortgage Recording Tax, the imposition of which

is authorized under New York State Tax Law, Article 11, Section

253-d; and

WHEREAS, this Mortgage Recording Tax provides

supplemental revenue to the City of Yonkers; and

WHEREAS, this Mortgage Recording Tax is set to expire

by operation of law on August 31, 2025, unless said date is

extended; and

WHEREAS, should the Mortgage Recording Tax expire,

the loss of such revenue at this time will result in a gap between

the revenues and expenditures of the City of Yonkers; and

WHEREAS, Senate Bill No. S432 and Assembly Bill No.

A5329 have been introduced into the New York State Legislature

for the purpose of extending said authorization.

NOW THEREFORE, BE IT RESOLVED that the City Council

of the City of Yonkers hereby issues this Home Rule Request

Message for Senate Bill No. S432 and Assembly Bill No. A5329

to amend Section 253-d of Article 11 of the New York State Tax

Law to extend until August 31, 2027, the Mortgage Recording

Tax of the City of Yonkers; and

BE IT FURTHER RESOLVED, that the City Council

requests the City Clerk to forward a copy of this Home Rule

Request Message to Legislature of the State of New York

requesting the passage of the aforesaid bills.

This Resolution was adopted.

Breen, Collins-Bellamy, Merante, Pineda

Isaac, Robinson, and Rubbo

Aye:

Diaz

Absent:

RESOLUTION ISSUING A HOME RULE MESSAGE FOR

SENATE BILL S433 AND ASSEMBLY BILL A5298 IN

RELATION TO BONDS AND NOTES.

RES.37-2025

WHEREAS, Senate Bill S433 and Assembly Bill A5298

have been introduced in the New York State Legislature for the

purposes of extending the City’s authority to negotiate serial

bonds/notes of Yonkers from June 30, 2025 to June 30, 2026;

and

WHEREAS, the authorization for the City of Yonkers to

negotiate the private sale of its bonds and notes is vital to

improving the City’s financial stability and independence; and

WHEREAS, the continuance of this power will allow more

cost-effective financing of the City’s debt; and

WHEREAS, the City’s bonding authority will expire on

June 30, 2025 unless it is extended for one (1) year; and

WHEREAS, this legislation will permit the private sale of

bonds or notes by the City of Yonkers, subject to the approval of

the State Comptroller; and

NOW, THEREFORE, BE IT RESOLVED that the City Council

of the City of Yonkers hereby issues this Home Rule Request

Message for Senate Bill S433 and Assembly Bill A5298 to

extending the City’s authority to negotiate serial bonds/notes of

Yonkers from June 30, 2025 to June 30, 2026; and

BE IT FURTHER RESOLVED, that the City Council requests

the City Clerk to forward a copy of this Home Rule Request

Message to the Legislature of the State of New York requesting

the passage of the aforesaid bills.

BE IT FURTHER RESOLVED, that this shall take effect

immediately.

This Resolution was adopted.

Breen, Collins-Bellamy, Merante, Pineda

Isaac, Robinson, and Rubbo

Aye:

Diaz

Absent:

RESOLUTION ISSUING A HOME RULE MESSAGE FOR

SENATE BILL NO. S434 AND ASSEMBLY BILL NO.

A5323, AN ACT TO AMEND THE LOCAL FINANCE LAW,

IN RELATION TO THE SALES TAX OF THE CITY OF

YONKERS.

RES.38-2025

WHEREAS, the City of Yonkers currently receives

revenue from a three percent and an additional one percent

sales tax, the imposition of which are authorized under New York

State Tax Law, Article 29, Section 1210; and

WHEREAS, these sales tax provides supplemental

revenue to the City of Yonkers; and

WHEREAS, these sales tax are each set to expire by

operation of law on November 30, 2025, unless said date is

extended; and

WHEREAS, should these sales tax expire, the loss of

such revenue at this time will result in a gap between the

revenues and expenditures of the City of Yonkers; and

WHEREAS, Senate Bill No. S434 and Assembly Bill No.

A5323 have been introduced into the New York State Legislature

for the purpose of extending said authorizations.

NOW THEREFORE, BE IT RESOLVED that the City Council

of the City of Yonkers hereby issues this Home Rule Request

Message for Senate Bill No. S434 and Assembly Bill No. A5323

to amend Section 1210 of Article 29 of the New York State Tax

Law to extend until November 30, 2027, both the three percent

and one percent sales tax of the City of Yonkers; and

BE IT FURTHER RESOLVED, that the City Council

requests the City Clerk to forward a copy of this Home Rule

Request Message to Legislature of the State of New York

requesting the passage of the aforesaid bills.

This Resolution was adopted.

Breen, Collins-Bellamy, Merante, Pineda

Isaac, Robinson, and Rubbo

Aye:

Diaz

Absent:

RESOLUTION ISSUING A HOME RULE MESSAGE FOR

SENATE BILL S436 AND ASSEMBLY BILL A5319, IN

RELATION TO INCOME TAX OF THE CITY OF

YONKERS

RES.39-2025

WHEREAS, the City of Yonkers currently imposes an

Income Tax Surcharge and a Non-resident Earnings tax

authorized pursuant to Article 30A of the Tax Law of the State of

New York; and

WHEREAS, said authorization is scheduled to terminate

on December 31, 2025 unless said date is extended; and

WHEREAS, a necessity continues to exist for the

revenues generated by the Income Tax Surcharge and the

Non-resident Earnings tax in order to balance the budget in

future fiscal years; and

WHEREAS, Senate Bill No. S436 and Assembly Bill No.

A5319 have been introduced into the New York State Legislature

for the purpose of extending the Income Tax Surcharge and the

Non-resident Earnings tax for a period of two years.

NOW THEREFORE, BE IT RESOLVED that the City Council of the

City of Yonkers hereby issues this Home Rule Request Message for

passage of Senate Bill No. S436 and Assembly Bill No. A5319 to

amend Article 30A of the New York State Tax Law to extend the

termination date of the Income Tax Surcharge and the Non-resident

Earnings tax until December 31, 2027 to allow the continuation of

these necessary revenues; and

BE IT FURTHER RESOLVED, that the City Council requests

the City Clerk to forward a copy of this Home Rule Request Message

to the Legislature of the State of New York requesting the passage of

the aforesaid bills.

This Resolution was adopted.

Breen, Collins-Bellamy, Merante, Pineda

Isaac, Robinson, and Rubbo

Aye:

Diaz

Absent:

RESOLUTION APPROVING AN AGREEMENT BETWEEN

THE YONKERS BOARD OF EDUCATION/YONKERS

PUBLIC SCHOOLS AND THE CIVIL SERVICE

EMPLOYEES ASSOCIATION INC., YONKERS NON

-TEACHING UNIT 9169, LOCAL 1000

RES.40-2025

WHEREAS, the Yonkers Board of Education/Yonkers

Public Schools (“BOE”) and the Civil Service Employees

Association Inc., Yonkers Non-Teaching Unit 9169, Local 1000,

American Federation of State, County and Municipal Employees,

AFL-CIO, Westchester Local 860 (“CSEA”) have agreed to a

successor collective bargaining agreement effective between

July 1, 2022 through June 30, 2027 (“Successor Agreement”);

and

WHEREAS, the Trustees of the BOE and the membership

of the CSEA have ratified the Successor Agreement; and

WHEREAS, pursuant to Article VI of that certain

Inter-municipal Agreement, dated June 2014, by and between

the City of Yonkers and the BOE, the City must approve all

collective bargaining agreements by and between the BOE and

its collective bargaining units; and

NOW, THEREFORE, BE IT RESOLVED, that the

Successor Agreement between the BOE and CSEA dated

January 17, 2025, which is attached hereto, is hereby approved;

and

BE IT FURTHER RESOLVED, that the above constitutes

a “Type II” action under the State Environmental Quality Review

Act (“SEQRA”), and its implementing regulations, 6 NYCRR Part

617, which is an action determined not to have a significant

effect on the environment and therefore does not require further

environmental review.

This Resolution was adopted.

Breen, Collins-Bellamy, Merante, Pineda

Isaac, Robinson, and Rubbo

Aye:

Diaz

Absent:

SETTLEMENT - CHRISTIAN JIMENEZ AND DAVID

SANTOS VS COY - $30,000.00

RES.41-2025

RESOLVED, by the City Council of The City of Yonkers, in

meeting assembled:

That the settlement by the Corporation Counsel in the

amount of THIRTY THOUSAND DOLLARS and 00/100

($30,000.00), with $15,000.00 being paid to plaintiff, Christian

Jimenez and $15,000.00 being paid to plaintiff David Santos in

the matter entitled “CHRISTIAN JIMENEZ and DAVID SANTOS,

Plaintiffs, v. THE CITY OF YONKERS, YONKERS FIRE

DEPARTMENT and TIMOTHY OCONNELL, Defendants,” for

personal injuries arising out of an incident on March 5, 2021

when plaintiffs were in a motor vehicle parked on Linden Street

near its intersection with Poplar Street in the City of Yonkers

when their motor vehicle was struck by a City of Yonkers

Firetruck, causing personal injury to both Plaintiffs, and the

same is hereby approved and the Comptroller of the City of

Yonkers is directed to draw his warrant in the amount of Thirty

Thousand Dollars ($30,000.00) in favor of said plaintiffs and their

attorneys HARMON, LINDER AND ROGOWSKY, ESQS., 3 Park

Avenue, 23rd Floor, New York, NY 10016.

This Resolution was adopted.

Breen, Collins-Bellamy, Merante, Pineda

Isaac, Robinson, and Rubbo

Aye:

Diaz

Absent:

SETTLEMENT - JULIO SUAREZ VS COY - $ 75,000.00

RESOLVED, by the City Council of the City of Yonkers, in

RES.42-2025

meeting assembled:

That the settlement by the Corporation Counsel in the amount of

SEVENTY-FIVE THOUSAND DOLLARS AND 00/100

($75,000.00) of the action entitled, "JULIO SUAREZ, Plaintiff,

against THE CITY OF YONKERS, et. al., Defendants", for

personal injuries arising out of a Yonkers Police Department

arrest of the plaintiff that occurred on May 26, 2020, 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

SEVENTY-FIVE THOUSAND DOLLARS AND 00/100

($75,000.00) in favor of said plaintiff, FRIEDMAN, LEVY,

GOLDFARB, GREEN & BAGLEY, P.C. AS ATTORNEY FOR

JULIO SUAREZ.

This Resolution was adopted.

Breen, Collins-Bellamy, Merante, Pineda

Isaac, Robinson, and Rubbo

Aye:

Diaz

Absent:

A SPECIAL ORDINANCE AMENDING THE BUDGET FOR

THE CITY OF YONKERS FOR THE 2024/2025 FISCAL

YEAR IN RELATION TO TRANSFERRING FUNDS TO

AND FROM VARIOUS ACCOUNTS FOR THE PURPOSE

OF: 1) JUDGMENT AND CLAIMS, 2) SENIOR CITIZEN

TAX ABATEMENT, 3) WORKER'S COMP POLICE 207C,

4) WORKER’S COMP AWARDS, 5) CORPORATION

COUNSEL PROFESSIONAL FEES, 6) FIRE 207A SUPP

PENSION, 7) PAYING AGENT BOND NOTE EXPENSE, 8)

ADMIN INCOME TAX, 9) SNOW AND ICE CONTROL

STREET MAINTENANCE MATERIAL, 10) SNOW AND

ICE CONTROL OVERTIME, 11) PBA WELFARE FUND,

12) ADMINISTRATIVE ADJUDICATION BUREAU

PROFESSIONAL FEES, 13) WATER FUND MOTOR

VEHICLES, AND 14) WATER FUND CAPITAL

SO.13-2025

8A.

CONSTRUCTION.

The City of Yonkers in City Council convened, hereby ordains

and enacts:

Section1. The budget for fiscal year 2024/2025 is hereby

amended by

transferring funds as follows:

This Special Ordinance was adopted.

Breen, Collins-Bellamy, Merante, Pineda

Isaac, Robinson, and Rubbo

Aye:

Diaz

Absent:

COMMISSIONER OF DEEDS

RES.43-2025

8B.

BE IT RESOLVED, that the following applicant(s)

are hereby appointed and/or reappointed to the office of

Commissioner of Deeds for a period of two years to expire

March 31, 2027.

Koya M. Iglehart

17 Dearborne Street

Yonkers, New York 10710

Account Clerk IV

RENEWAL

Robert L Moffit

96 Longview Terrace

Yonkers, New York 10710

Retired

RENEWAL

Theresa M. Lucadamo

96 Longview Terrace

Yonkers, New York 10710

Retired

Henry Djonbalaj

223 Kneeland Avenue

Yonkers, New York 10705

RENEWAL

NEW

Real Estate Broker

Deana Robinson

779 Warburton Avenue

Yonkers, New York 10701

Council Member

RENEWAL

Stephen Macri

17 Ambrose Place

Yonkers, New York 10701

Business Owner

NEW

This Resolution was adopted.