CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – OCTOBER 22, 2002

7:00 P.M.

Convened:  7:15 P.M.

Adjourned:  8:13 P.M.

 

 

1.                 INVOCATION – Rev. Frank E. Wismer, III

                                     St. Michael’s on the Heights Episcopal Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present

 

Mayor Murray read a Proclamation proclaiming October as Energy Efficient Lighting Awareness Month in the City of Worcester

 

HEARING AND ORDER – 7:00 P.M.

 

          4 & 4a Councillor Haller recused on a roll call 10-0

 

          Hearing held

 

4.       MASSACHUSETTS ELECTRIC COMPANY & VERIZON NEW ENGLAND, INC. for a joint pole re-location on:  PLEASANT ST. (Attachments)

 

          4a ORDER ADOPTED

 

4a.     Granting permission to MASSACHUSETTS ELECTRIC COMPANY & VERIZON NEW ENGLAND, INC. for a joint pole re-location on:  PLEASANT ST.

 

5.       ITEMS OF CITIZEN INTEREST

 

5a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          6 TO REFERRED PUBLIC WORKS COMMITTEE

 

6.       Councillor Paul P. Clancy, Jr. request resurfacing of Revere St. (Attachments)

         

          7-13 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

7.       Milton Rosenberg et al request speed bumps on Lovell St. between Chandler St. and Brownell St. (Attachments)

 

8.       Milton Rosenberg et al request 20 MPH, Children Playing and Thickly Populated signs on both sides of Lovell St. between Chandler St. and Brownell St. (Attachments)

 

9.       Leah DeLuca request handicap parking at 52 Stockton St. (Attachments)

 

10.     Councillor Paul P. Clancy, Jr. request “No Parking” on even side of Revere St. (Attachments)

 

11.     Tracey Burg et al request “Children Slow” signs with 20 MPH suggested speed limit signs along Flagg St. from 95-201, Asbury Rd. and Barr St. (Attachments)

 

12.     Tracey Burg et al request speed bumps on Flagg St. from 95-201, Asbury Rd. and Barr St. (Attachments)

 

13.     Councillor Konstantina B. Lukes on behalf of John Rano request a traffic study of the location of the currently installed traffic signalization at the McDonald’s Restaurant adjacent to the intersection of Shrewsbury/Belmont St. (Attachments)

 

CHAIRMAN’S ORDERS

 

          14-19 FROM LAND USE - ADOPTED

 

14.     Request Administration to comment on the Planning Board’s communication concerning the following points:  a) In residential zones, that a side yard setback of 9 ft. be established; b) That in BG-6.0 zones all first floor uses be required to be retail; c) That in BG-6.0 zones a cap be placed on the minimum frontage for residential uses; d) That all business zones should have a minimum lot size of 5,000 sq. ft.; e) That a recommendation be made concerning prohibiting required parking in the front yards of residential zones in a certain front yard setback; f) That consideration be given to the creation of a BG-20 zone. (Attachments)

 

15.     Request Administration to provide City Council with a report clarifying information contained in the Sign table. (Attachments)

 

16.     Request Administration to provide City Council with a clarification between the definitions “parking structure” and “garage private” as they appear in the Zoning Ordinance. (Attachments)

 

17.     Request Administration to provide City Council with an explanation of the reference to a Neighborhood Preservation District as it appears in the Zoning Ordinance. (Attachments)

 

18.     Request Administration to provide City Council with a summary concerning the changes of jurisdiction from the Zoning Board of Appeals to the Planning Board. (Attachments)

 

19.     Request Administration to provide City Council with an explanation of the term cooperative residence in comparison to a fraternity/sorority and rooming house. (Attachments)

 

          20-26 FROM MILITARY AFFAIRS - ADOPTED

 

20.     Request City Manager to inform City Council of how BAS and BAH are calculated for those city employees on active duty. (Attachments)

 

21.     Request City Manager to inform City Council on how many city employees are on active duty status. (Attachments)

 

22.     Request City Manager to provide City Council with information about the health services provided to veterans in the ten largest cities in New England. (Attachments)

 

23.     Request Administration to add information directing motorists to the Massachusetts Vietnam Veterans Memorial to the various “streetscape” type signs in the east, north and south sides of the City.(Attachments)

 

24.     Request City Manager to provide City Council with a summary of his October 25, 2002 meeting with Congressman McGovern.

          (Attachments)

 

25.     Request City Manager to consider inquiring about the use of Health Foundation of Central Massachusetts and/or Tobacco Settlement funds for providing better health services to the veterans of Central Massachusetts. (Attachments)

 

26.     Request City Manager to provide City Council with a listing of the veteran’s clinics and hospitals located throughout New England. (Attachments)

 

ORDERS

 

27.     Request City Manager to consider the feasibility of applying an overlay zone in the Quinsigamond Village area that would match the recently completed plan for the area.  (Clancy) (Attachments)

 

Adopted

 

28.     Request Administration to provide City Council with the current status of enforcement of the No Smoking Ordinance at Union Station platform area.  (Patton) (Attachments)

 

Adopted

 

29.     Request Administration to report on current status and recent performance of all city trust funds, including Library, Schools and any other entities.  This information should include trust fund name, purpose, trustees, manager(s), current balance, prior year performance and allocations – indicating city department or other purpose. (Patton) (Attachments)

Adopted

 

30.     Request Administration provide City Council with an update on improvements to the Barnyard Zoo at Green Hill Park.  (Palmieri) (Attachments)

 

Adopted

 

31.     Request Administration provide City Council with any efforts made to date concerning the issue of relocating the overnight parking of trains to a facility that would not interfere with our residential neighborhoods.   (Palmieri) (Attachments)

 

Adopted

 

32.     Request Administration submit a legal opinion regarding the powers, duties and membership of a commission/committee created pursuant to MGL Chapter 40, Section 8j and a commission/committee created pursuant to Article 6 of the City Charter.  (Lukes) (Attachments)

 

Adopted

 

33.     Request Administration submit a legal opinion on what impact the Patriot Act has upon the policies and procedures of the Human Rights Commission or any other City department.  (Lukes) (Attachments)

 

Referred to City Solicitor for report

 

33a.   Request Administration to report on what City departments are currently in compliance with the Patriot Act and in what manner those departments are implementing that Act.  Motion-Lukes @ #33CC – Adopted (Attachments)

 

33b.   Request City Manager be and is hereby requested to move forward to the 25% design phase for the Union Station garage at the east end of

I-290 or other alternative location.  Motion-Perotto @ #35CC – Adopted (Attachments)

 

33c.   That the City Council hereby makes a commitment to making a

decision based upon the best information available relative to the

parking garage for Union Station, no later than year end.   Motion-Irish @ #35CC – Adopted   (Attachments)

 

33d.   Request Administration to report at the next City Council meeting on the status of negotiations regarding the potential purchase of the land at the Circuit Ave. Knights of Columbus.  Abraham, Murray – Suspension of Rules – Adopted   (Attachments)

 

33e.   Request Administration to report on who, if any, of the City’s retirees under the Early Retirement Program are working for the School Department and receiving their retirement at the same time.  Lukes – Suspension of Rules – Adopted  (Attachments)

 

33f.    Request City Manager to consider filing a home rule petition changing the status of provisional employees to permanent employees.  Perotto – Suspension of Rules – Adopted   (Attachments)

 

33g.   Request City Manager to provide a report at the next City Council meeting concerning the Chestnut St. housing project.  Perotto – Suspension of Rules – Adopted   (Attachments)

 

33h.   Request Administration forward to City Council the preliminary plan for the Canal District.  Clancy – Suspension of Rules – Adopted

(Attachments)

 

33i.    Request Traffic Engineer continue to monitor the traffic levels on Country Club Boulevard.  Patton – Suspension of Rules – Adopted

(Attachments)

 

33j.    Request Traffic Engineer to monitor and enforce truck limit on Melrose St.  Further, request proper signage approaching Melrose St. to make trucks aware of the weight limit on Melrose St.  Palmieri – Suspension of Rules – Adopted   (Attachments)

 

33k.   Request City Clerk to contact Jim Connolly of the Elm Park PREP Plus Neighborhood Crime Watch for future recognition by the City Council.  Murray – Suspension of Rules – Adopted (Attachments)

 

33L.   Request City Manager to provide City Council with a history of the process of the Zoning Board of Appeals and the Planning Board relative to the Knox St./Webster St. development.  Petty – Suspension of Rules – Adopted  (Attachments)

 

33m.  Request City Manager to report at the next City Council meeting on the Traffic Engineer’s recommendations for traffic improvements on Millbrook St. at the intersection of Burncoat St.  Murray, Palmieri – Suspension of Rules – Adopted  (Attachments)

 

33n.   Request Administration to increase No Parking/Cars Will Be Towed signage in front of Union Station.   Murray – Suspension of Rules – Adopted  (Attachments)

 

COMMUNICATIONS

 

34.     Thomas R. Hoover, City Manager transmitting communication relative to the Worcester Center Boulevard Parking Garage. (Attachments)

 

Placed on file

 

35.     Thomas R. Hoover, City Manager transmitting communication relative to the Union Station Parking Garage adjacent to I-290. (Attachments)

 

Placed on file

 

36.     Roberta Schaeffer, Executive Director, Worcester Regional Research Bureau transmitting The 2000 Census:  Income and Educational Attainment in Worcester and the Region. (Attachments)

 

Referred to Municipal Operations Committee

 

CHAIRMAN’S RESOLUTION

         

          37 FROM MILITARY AFFAIRS - ADOPTED

 

37.     That the City Council of the City of Worcester go on record urging our Congressional Representative to expend his best efforts towards maintaining and improving upon medical services provided to the veterans of Central Massachusetts. (Attachments)

 

RESOLUTION

 

38.     That the City Council of the City of Worcester hereby supports the monitoring of the implementation of the USA Patriot Act by the Worcester Human Rights Commission.  (Lukes) (Attachments)

 

Referred to City Solicitor for report

 

39.     RECESS TO FINANCE AND ORDINANCE:  No Items Pending

 

REPORTS

 

          40-44 ACCEPTED

 

40.     REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager relative to questions raised regarding the budget for the Executive Office of Economic Development:  recommend Communication be placed on file. (Attachments)

 

          REPORT OF THE COMMITTEE ON MILITARY AFFAIRS Upon the following Communications of the City Manager:  recommend Communications be placed on file.

 

41.     Relative to feasibility of a VA hospital in the City of Worcester. (Attachments)

 

42.     Relative to the Commonwealth of Mass. Vietnam Veterans Memorial. (Attachments)

 

43.     Relative to putting wreaths at all Veterans Square Markers round the City for both Memorial Day and Veterans Day. (Attachments)

 

44.     REPORT OF THE PLANNING BOARD Upon the Petition of Councillor Palmieri requesting removal of a 200’ section of the private portion of Nonquit St. between Coburn Ave. and Palisades St. from the Official Map. (Attachments)

 

          45 & 46 REFERRED TO ORDINANCE COMMITTEE FOR A HEARING

 

45.     REPORT OF THE PLANNING BOARD Upon the Petition of Sara Burtt & Glenn Seaver requesting to extend the RL-7 zone line to the northerly property line of 1 Redfield Rd. (Attachments)

 

46.     REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Samuel DeSimone on behalf of Mercer Properties requesting to change the Zoning Map of the City of Worcester from MG-2 to BG-2 by extending the BG-2 zone on the southerly side of Shrewsbury St. at the intersection with Casco St., easterly along Shrewsbury St. to the intersection of Shrewsbury St. and Putnam Lane, southerly by Putnam Lane to Nebraska St., westerly by Nebraska St. approximately 225’, southerly by property of Richard Adams to terminus of Albany St., westerly along Albany St. approximately 1,200’ to intersection with Casco St., northerly by Casco St. along BG-2 zone line approximately 450’ to the point of beginning. (Attachments)

 

          47 & 48 REFERRED TO PUBLIC WORKS COMMITTEE

 

47.     REPORT OF THE PLANNING BOARD Upon the Petition of Linda Gariffo et al requesting to make public Dixfield St. (Attachments)

 

48.     REPORT OF THE PLANNING BOARD Upon the Petition of John Sposato requesting to make public the private portion of Trent Rd. (Attachments)

 

          48a ACCEPTED & ORDER ADOPTED (Suspension of Rules)

 

48a.   REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Richard Hopkins, Graves Engineering, Inc. on behalf of Peter Lewis requesting 90’ extension of existing gravity sanitary sewer main on Waban Ave. to provide service to 10 Waban Ave.:  recommend adoption of the accompanying Order. (Attachments)

 

          49 & 50 ACCEPTED

 

          REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the following Communications of the City Manager:  recommend Communications be placed on file.

 

49.     Relative to the Goddard Memorial Project. (Attachments)

 

50.     Relative to the status of Goddard Memorial funding. (Attachments)

 

TO BE ORDAINED

 

          51 ORDAINED ON A ROLL CALL 11-0

 

51.     Amending the City of Worcester Zoning Ordinance and Map relative to the creation of an Adaptive Reuse Overlay District. (Attachments)

 

TABLED UNDER PRIVILEGE

 

          52 Voted to advertise proposed amended Loan Order on a roll call 11-0

 

52.     Communication of the City Manager recommending that the Loan Order adopted January 29, 2002 that appropriated the sum of $2,850,000.00 to Account #91C716, Union Station and authorized the borrowing of said sum pursuant to Chapter 121B of the General Laws, or any other enabling authority and subsequently appropriated into Account #04C702, Union Station Rehabilitation, is hereby amended to provide that $175,000.00 of said sum be appropriated to:

 

          ACCOUNT             DESCRIPTION                             AMOUNT

 

          04C710              Worcester Center Blvd. Garage          $175,000.00

 

          to provide capital rehabilitation funds for the rehabilitation of the Worcester Center Blvd. Garage, including costs incidental and related thereto and that the said $175,000.00 shall be raised by transfer of $175,000.00 previously borrowed pursuant to the said Loan Order adopted on January 29, 2002. (Attachments)

 

TABLED ITEMNo Action Taken

 

53.     Communication of the City Manager relative to Average Assessments and Tax Bills.  (Tabled October 15, 2002) (Attachments)

 

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

OCTOBER 21, 2002          ELDER AFFAIRS    COUNCIL CHAMBER

    5:00 – 6:00 P.M.

 

OCTOBER 21, 2002          PUBLIC WORKS    COUNCIL CHAMBER

        6:00 P.M.

 

OCTOBER 22, 2002               HEALTH             COUNCIL CHAMBER

        5:30 P.M.

 

OCTOBER 22, 2002       FEES & CHARGES    COUNCIL CHAMBER

    6:30 – 7:00 P.M.

 

OCTOBER 24, 2002               LAND USE         COUNCIL CHAMBER

        7:00 P.M.

Re:  Proposed Zoning Ordinance

       Cluster/Inclusionary Zoning, Density Bonuses, Continuing Care

       Retirement Communities

 

OCTOBER 28, 2002              TRAFFIC &           COUNCIL CHAMBER

          6:00 P.M.                       PARKING

 

OCTOBER 30, 2002         PUBLIC SAFETY       COUNCIL CHAMBER

        6:00 P.M.

 

NOVEMBER 12, 2002            HEALTH              COUNCIL CHAMBER

        5:30 P.M.

 

NOVEMBER 14, 2002           LAND USE           COUNCIL CHAMBER

          7:00 P.M.

Re:  Proposed Zoning Ordinance

       Design Review, Conservation

 

NOVEMBER 18, 2002         TRAFFIC &            COUNCIL CHAMBER

        6:00 P.M.                        PARKING