CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – MAY 24, 2005

7:00 P.M.

Convened: 7:00 PM

Adjourned: 8:36 PM

 

1.       INVOCATION –  Deacon Robert Devine

St. Peter’s Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL - All present

 

4.       ITEMS OF CITIZEN INTEREST

 

4a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          5 & 6 REFERRED TO PLANNING BOARD

 

5.       Attorney Stephen Madaus on behalf of Bodorgan Corp. request to amend the Official Zoning Map of the City of Worcester by changing the zoning district designation of a parcel of land known as and located at 15 Ararat St. from its current zoning designation of partially RL-7 and MG-1.0 to a zoning designation of MG-1.0 entirely.

          (Attachments)

 

6.       Joe Boynton request to amend the Zoning Ordinance by deleting from Article IV, Table 4.2 the lines RG-5 Single-family attached, BO-1.0, BO-2.0 and BL-1.0 and substituting dimensional requirements as attached hereto.  (Attachments)

 

          7-15 REFERRED TO PUBLIC WORKS

 

7.       Tom & Rene Manos request repair of curb and land damaged by snow plow at 14 Bay Edge Lane.  (Attachments)

 

8.       Jon Latino request sidewalk repair in front of 82 Vincent Circle. (Attachments)

 

9.       Dan Cutroni request sidewalk repair at 12 Ellsmere St. (Attachments)

 

10.     Steven McCrohon request sidewalk repair at 19 Wetherell St. (Attachments)

 

11.     Ana Herrera request repair of sidewalk and front of driveway at 5 Merrick St.  (Attachments)

 

12.     Richard Casey et al request sidewalk repair in front of 108, 109, 113 and 111 Brookline St.  (Attachments)

 

13.     Annette Mysliwiec request to extend sanitary sewer force main 250’ along Dominion Rd.  (Attachments)

 

14.     Timothy Loew request sidewalk repair along Nebraska St. to corner of Envelope Terrace in front of new Biscuit Lofts Condominiums at 1 Envelope Terrace.  (Attachments)

 

15.     Councillor Barbara Haller on behalf of Marble St. Apartment Residents and Management request sidewalk repair on Marble St. (Attachments)

 

          16-22a REFERRED TO TRAFFIC & PARKING

 

16.     Isaiah Fisher request removal of handicap parking on Arlington St. (Attachments)

 

17.     Isaiah Fisher request resident permit parking on Arlington St. (Attachments)

 

18.     Patricia Wester request removal of handicap parking in front of 56 Esther St.   (Attachments)

 

19.     Cecelia & Ray Mason et al request “No Turn on Red” sign be reinstated on Goddard Memorial Dr. at Main St.  (Attachments)

 

20.     Jessica Dorta request handicap parking in front of 81 Ingleside Ave. (Attachments)

 

21.     Jennifer Knight et al request pedestrian crosswalk on north corner of Green Hill Parkway and Lincoln St.  (Attachments)

 

22.     Councillor Barbara Haller on behalf of Matt Atanian request that recently installed “No Parking” zone on Fairfield St. near corner of May St. be rescinded.   (Attachments)

 

22a.   Mayor Timothy Murray and Councillor Thomas White on behalf of Michael Baer request residential parking only on even numbered side of Randall Street from 7:00 a.m. – 3:30 p.m. (Attachments) Suspension of Rules 

 

CHAIRMAN’S ORDERS

 

          23 & 24 FROM ETHNIC & MINORITY AFFAIRS - ADOPTED

 

23.     Request City Manager to review and recommend to City Council concerning training for applicants to Boards and Commissions, annual recognition for retiring members of Boards and Commissions, including web site recognition, a review of each department’s outreach procedure and advertisement for employment and appointments, the process and personnel who will be employed in the hiring for carrying out the CitySquare project and also concerning proposed linkages, meetings and communications between the various Boards and Commissions.  (Attachments)

 

24.     Request City Manager to arrange to have the video prepared by the City’s Affirmative Action Advisory Committee installed on the City’s web site.   (Attachments)

 

          25-29 FROM JOINT COMMERCE & DEVELOPMENT AND PUBLIC WORKS - ADOPTED

 

25.     Request City Auditor report to City Council whether additional staff assistance will be necessary in order for him to offer an ongoing monitoring of the DIF and CitySquare project payment of bills.  (Attachments)

 

26.     Request City Manager to provide City Council with the final development agreement between the City of Worcester and Berkeley Investments before signing.  (Attachments)

 

27.     Request City Manager to contact historical community representatives in the City for assistance in developing a list of historical significant references that might be relied upon in the naming of new streets within the CitySquare project.  (Attachments)

 

28.     Request City Manager to provide City Council with a copy of the Desmond parking survey report and that he additionally request Berkeley to provide a copy of the Walker parking survey report, including past performance of their recommendations in other communities.  (Attachments)

 

29.     Request City Manager to provide City Council with written clarification of the responses to the following topics discussed at the Joint Commerce and Development/Public Works meeting of May 18, 2005:

 

1)                 Relationship between Starwood Capital and Starwood Hotel

2)                 Viability of the previous developments by Berkeley Investments

3)                 Relocation of Workout World facilities, or elimination

4)                 Contingency amounts in MOA and how the amounts were arrived at

5)                 Ownership of garage after 60 year period

6)                 Design standards, elaborate on certain quality of design

7)                 Elimination of ramp agreement and cost savings of that relief

8)                 Conveyance of vacuum property and estimated value of that property

9)                 Details of Berkeley projects of this scale and type across the country

10)            Phase One timeline for the private investment

11)            Permit fee cap, based on which of the development scenarios, low or high figure

12)            Ownership of the  underground garage access from Franklin St.

13)            DIF Bond Financing Payment Plan; no tax levy monies will be involved

14)            Early re-payment to come from capitalized revenues

15)            Detailed chart of the revenue stream for the first four years of city payout

16)            Parking garage revenues will be for paying down the DIF

17)            Sufficient parking spaces being considered for full build-out

18)            Review of expenses from City side will be conducted by whom

19)            Quality of design of new structures

20)            If state commitment arrives sooner, how does it affect early finances

21)            Examples of Berkeley as a community partner

22)            Parking garage rates; language in agreement and how rates are set

23)            Any stop-loss measure to construction/operation/structure of underground garage

24)            Competition for housing units in downtown if amount constructed is approximately 500-600 units

25)            Compliance with commitment towards goals for hiring of women and minorities for project construction

26)            Blending of new construction design with existing downtown build-out   (Attachments)

 

ORDERS

 

30.     Request City Manager report to Council on the feasibility of expanding North Lake Ave. to include sidewalks along the lake in conjunction with the resurfacing project.  (Clancy, Palmieri) (Attachments) - Adopted

 

31.     Request City Manager report to Council on the total cost of land takings at the Cambridge and Southbridge Sts. intersection in order to accomplish full lane turns.  (Clancy, Haller)  (Attachments) - Adopted

 

32.     Request City Manager and City Administration work to ensure that participation of minorities and women on the CitySquare project by committing to a 20% goal of said project, as required by the City of the developer.  Said participation to encompass every element of the project from bond issues to sub-contractors to workers on the site. Further, that the Administration contract with multiple outside vendors to ensure compliance with this provision of the project. (Gomez, Lukes, Perotto, Palmieri, Haller, Rushton, Murray) (Attachments) - Adopted

 

33.     Request Auditor and City Manager prepare a report for City Council exploring:  A) The differences between defined contributions and defined benefit plans for retirees;  B)  Discuss the process involved in changing from the existing defined benefit to a defined contribution plan for future retirees;  C)  Expected savings from implementing such change based on the historical performance of our current system;  D)  Make a recommendation to the Council regarding this issue.   (Gomez, Lukes, Haller, Rushton, Petty)  (Attachments)  - Adopted

 

34.     Request City Manager to consider the formulation of a long-term, permanent program and funding stream for the identification, acquisition and management of public green space that will positively impact quality of life for all of Worcester and Central Massachusetts.  (Petty, Palmieri)   (Attachments) Councillor Haller moved to amend that management of public green space include inner city parks, pocket parks and community gardens. Councillor White moved to amend: Further, that the Administration study surplus state land that might be purchased for the use of the citizens of Worcester as green or recreational space. Adopted as amended.

 

35.     Request City Manager report to City Council concerning progress regarding the November 9, 2004 vote requesting the City Manager to hold discussions with all tax exempt property owners (State and Federal government, private colleges and universities, churches, hospitals, public authorities, etc.) in the City about how they might contribute to the City’s tax base and to report quarterly on the status of these discussions.  Such discussions should include, but not necessarily be limited to PILOT, housing, youth, parks and recreation, public education, neighborhood revitalization and economic development initiatives.   (Haller)  (Attachments) - Adopted

 

36.     Request City Manager report to City Council concerning progress regarding the March 1, 2005 vote requesting the City Manager to request a report from the Assessor as to the process and procedure for setting the Tax Classification Hearing and whether said hearing could be set before the November municipal election.   (Haller) – Adopted (Attachments)

 

37.     Request Administration report on the feasibility of including Historic Preservation Overlay Districts in the new Zoning Ordinances. (Lukes) (Attachments) - Adopted

 

38.     Request Administration to provide City Council with a legal opinion from the City Solicitor regarding City Council’s power and authority to make or suggest any substantive changes to the Memorandum of Agreement executed between Worcester Renaissance LLC and Worcester Towers LLC and the City of Worcester, dated May 2, 2005 and the enforceability of the current Memorandum of Agreement by any of the parties.  (Lukes)   (Attachments) - Adopted

 

39.     Request Administration submit a copy of the “Ramp Removal Agreement” entered into on August 14, 2003 by and between the City and Berkeley’s immediate predecessor in interest Connecticut General Life Insurance Company.   (Lukes)  (Attachments) - Adopted

 

40.     Request Administration report on the history of successful and problematic projects in other cities around the country which used DIF financing similar to the statutory model being used in the CitySquare Project and what lessons can be learned from those other projects.  (Lukes)   (Attachments) - Adopted

 

41.     Request Administration to consider obtaining a peer review consultant financial report for the DIF proposal in order to analyze, review and report on the validity of the financial projections, revenue projections and conclusions of the data submitted by the developer of the CitySquare project.   (Lukes)   (Attachments) – Leave to withdraw

 

42.     Request Administration report on whether a redesign of the DIF area can be accomplished so as to maximize the area of city owned real estate abutting the CitySquare project.  (Lukes)   (Attachments) - Adopted

 

43.     Request City Manager to contact the Worcester County Convention and Visitors Bureau and the Massachusetts Office of Travel and Tourism concerning a signature event for downtown Worcester. (Perotto)  (Attachments) - Adopted

 

44.             Request City Council go on record in opposition to Senate 122, a bill, which, if enacted, would vest authority for determining the levels of fluoride in municipal water supplies serving more than 5,000 persons in regulations promulgated by the Massachusetts Department of Public Health and eliminate the local Boards of Health and the elected officials of local communities from the decision-making process. (Perotto, Lukes, Haller)  (Attachments) Councillor Perotto moved to amend to include opposition to House Bill 2633. Order denied on a roll call vote of 4 Yeas (Haller, Lukes, Perotto, Murray) and 7 Nays (Clancy, Gomez, Irish, Palmieri, Petty, Rushton, White). Reconsideration denied on a roll call vote of 2 Yeas (Lukes, Perotto) and 9 Nays (Clancy, Gomez, Haller, Irish, Palmieri, Petty, Rushton, White, Murray)

 

44a.   Request City Manager provide the City Council with a copy of the September 26, 1983 Affirmative Action Plan. Motion-Haller @ #54CC – Adopted (Attachments)

 

44b.   Request Administration provide the City Council with a report on extending residential parking in the College Hill area beyond May 31^st. Clancy – Suspension of Rules – Adopted  (Attachments)

 

44c.   Request Administration provide the City Council with an update regarding the readiness of Fitton Field for the initial game which is on June 6^th.  Clancy – Suspension of Rules – Adopted (Attachments)

 

44d.   Request Administration provide the City Council with a report regarding the feasibility of a monthly real estate tax billing system. Rushton – Suspension of Rules – Adopted (Attachments)

 

          45 ADOPTED

 

45.     SEWER BETTERMENT ASSESSMENT:  CHESTER ST. (Attachments)

 

46.     RECESS TO FINANCE AND ORDINANCE:  No Action Taken

 

          FINANCE

A.      #21A CM  May 3, 2005

Communication of the City Manager concerning hours of operation at the Frances Perkins Branch Library.  (Attachments)

 

COMMUNICATIONS

 

47.     Communication of the City Manager transmitting City of Worcester FY06 Municipal Budget.   (Attachments) Referred to Finance Committee

 

48.     Communication of the City Manager recommending that $5,288,791.00 be accepted from the U.S. Department of Housing and Urban Development for the Year 31 Community Development Block Grant program be appropriated into the accounts identified when and as received for fiscal 2006.   (Attachments) Referred to Community Development Committee

 

49.     Communication of the City Manager recommending that $60,519.00 be accepted from the U.S. Department of Housing and Urban Development for the American Dream Down Payment Initiative (ADDI) program be appropriated into accounts identified when and as received for fiscal 2006.  (Attachments) Referred to Community Development Committee

 

50.     Communication of the City Manager recommending that $205,084.00 be accepted from the U.S. Department of Housing and Urban Development for the Emergency Shelter program be appropriated into accounts identified when and as received for fiscal 2006. (Attachments) Referred to Community Development Committee

 

51.     Communication of the City Manager recommending that $1,976,179.00 be accepted from the U.S. Department of Housing and Urban Development for the HOME program be appropriated into accounts identified when and as received for fiscal 2006. (Attachments) Referred to Community Development Committee

 

52.     Communication of the City Manager recommending that $348,000.00 be accepted from the U.S. Department of Housing and Urban Development for the Housing Opportunities for People with Aids (HOPWA) program be appropriated into accounts identified when and as received for fiscal 2006.  (Attachments) Referred to Community Development Committee

 

52a.   Communication of the City Manager accepting with gratitude an offer from the Worcester Tornados to provide transportation, admission, food and refreshments for city officials to attend the first official “Home Game” of the Tornadoes Inaugural Season to be held at Fraser Field in Lynn this Friday, May 27 at 6:05 p.m. Order adopted with gratitude – Suspension of Rules (Attachments)

 

RESOLUTION

 

53.     That the City Council of the City of Worcester go on record in support of Senate Bill 1806; legislation, if enacted, that would authorize and direct the Department of Telecommunications and Energy to make an investigation and study of the feasibility of utilizing “off-peak” energy storage for the benefit of energy consumers.   (Murray)  (Attachments) Resolution adopted on roll call of 9 Yeas and 0 Nays (Gomez, Palmieri absent)

 

REPORTS

 

          55-56 ACCEPTED

 

54.     REPORT OF THE COMMITTEE ON ETHNIC AND MINORITY AFFAIRS Upon the Petition of William Coleman, III requesting Administration hold a public review of the City of Worcester’s Affirmative Action Plan of September 26, 1983: recommend Petition be placed on file.  (Attachments) Reconsideration filed by Councillor Lukes.

 

55.     REPORT OF THE COMMITTEE ON ETHNIC AND MINORITY AFFAIRS Upon the Order of Councillor Konstantina Lukes requesting that the City Manager appoint only women and minorities to current openings on Boards and Commissions: recommend Order be placed on file.   (Attachments)

 

56.     REPORT OF THE JOINT COMMITTEE ON COMMERCE AND DEVELOPMENT AND PUBLIC WORKS Upon the Communication of the City Manager relative to the status of the partnership the City is forging with Berkeley Investments, Inc. and Starwood Capital: recommend Communication be placed on file.   (Attachments)

 

TABLED ITEMS – No Action Taken

 

57.     Order – Request City Council to vote its opposition to any raises for City Council for the 2006 term. (Lukes) (Tabled January 18, 2005) (Attachments) 

 

58.     DECREE TO MAKE PUBLIC: MIAMI ST. (Tabled April 12, 2005) (Attachments)  

 

59.     REPORT ON THE COMMITTEE ON ORDINANCES Upon the Report of the Planning Board Upon the Petition of Katherine Robertson, Project Manager, Gardner-Kilby-Hammond LLC request City of Worcester close, abandon and remove from the Official Map that portion of Tainter St. between #34 and #60 Tainter St. to facilitate construction of the proposed new Boys and Girls Club and Clark University athletic fields: recommend adoption of the accompanying Order.   (Tabled April 12, 2005) (Attachments) 

 

60.     REPORT ON THE COMMITTEE ON ORDINANCES Upon the Report of the Planning Board Upon the Petition of Katherine Robertson, Project Manager, Gardner-Kilby-Hammond LLC request City of Worcester close, abandon and remove from the Official Map that portion of Ripley St. from southeast lot line of #41 to its terminus with current Tainter St. to facilitate construction of the proposed new Boys and Girls Club and Clark University athletic fields: recommend adoption of the accompanying Order.  (Tabled April 12, 2005) (Attachments)   

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

MAY 24, 2005    5:00 P.M.	PUBLIC WORKS	COUNCIL CHAMBER
MAY 26, 2005    6:00 P.M.	JOINT PUBLIC WORKS AND COMMERCE & DEVELOPMENT	COUNCIL CHAMBER Re: CitySquare & DIF
JUNE 1, 2005    6:00 P.M.	PUBLIC WORKS	QUINSIGAMOND ROOM QUINSIGAMOND SCHOOL 832 MILLBURY ST.
JUNE 6, 2005    7:00 P.M.	JOINT PUBLIC WORKS AND COMMERCE & DEVELOPMENT	MAIN BALLROOM BEECHWOOD HOTEL 363 PLANTATION ST. Re: CitySquare & DIF
JUNE 13, 2005    7:00 P.M.	JOINT PUBLIC WORKS AND COMMERCE & DEVELOPMENT	LIBRARY ROOSEVELT SCHOOL 1006 GRAFTON ST. Re: CitySquare & DIF
JUNE 20, 2005    7:00 P.M.	JOINT PUBLIC WORKS AND COMMERCE & DEVELOPMENT	AUDITORIUM JEWISH COMMUNITY CTR. 633 SALISBURY ST. Re: CitySquare & DIF

 

EVALUATION OF THE CITY MANAGER

 

June 28, 2005 – 7:00 P.M.

 

SUMMER SCHEDULE

CITY COUNCIL MEETINGS

    

July 19, 2005 – 4:00 P.M.

 

August 16, 2005 – 4:00 P.M.

 

FY 2006 BUDGET HEARINGS