CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 19, 2006

Council Chamber

Convened: 7:12 P.M.

Adjourned: 8:41 P.M.

Mayor
Timothy P. Murray

www.ci.worcester.ma.us

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Dennis Dean request to amend the City of Worcester Zoning Map from RL-7 zone to BL-1.0 zone in the area of Good Harbor Dr. by pulling the existing zone line from BL-1.0 zone to include the entire parcel at 9 and 11 Good Harbor Dr.

Ernest Gozdur request paving of Paine St. from Harlow St. to Frederick St.

Filip Xhai request to install a catch basin at 25 Rockrimmon Road to alleviate flooding problems around the driveway and foundation.

Howard Veal request to install no parking on one side for the entire length of Maple Tree Lane.

Katie Green, Clerk and Philip Stone, Trustee of the Worcester Monthly Meeting Religious Society of Friends (Quaker) request the installation of five (5) private directional signs to the Quaker Meetinghouse located at 901 Pleasant St.

FROM THE COMMITTEE ON COMMERCE AND DEVELOPMENT - Request City Manager provide the City Council with a detailed map of proposed Wayfaring sign locations and an estimate of the approximate cost to install the complete Wayfaring system of signage across the City.

FROM THE COMMITTEE ON COMMERCE AND DEVELOPMENT - Request City Manager consider the names "Gateway East" and "Gateway West" in place of the "Nine Way" designations proposed in the Wayfaring system.

FROM THE COMMITTEE ON LAND USE - Request City Manager request the Zoning Board of Appeals to consider amending their Rules and Regulations to require that applicants for Variances and/or Special Permits submit a materials list and renderings of the front elevations of their proposed construction at the time of application for consideration by the Board.

FROM THE COMMITTEE ON LAND USE - Request Mayor appoint an Ad Hoc Committee to review the proposed Omnibus Zoning Amendment to consider issues relating to building design and parking densities with the ultimate goal of advising the Standing Committee on Land Use of their findings prior to the beginning of a formal review of the Omnibus document in January, 2007.

FROM THE COMMITTEE ON LAND USE - Request City Manager consider addressing the broad issue of a Design Review Board or Team and a comprehensive set of design review specifications within the process that will result in the enactment of a new Omnibus Zoning Ordinance.

FROM THE COMMITTEE ON LAND USE - Request City Manager to request the Director of Planning to recommend alternative language to be included in the Omnibus Zoning Ordinance to consider the issues related to the permitting of residential properties abutting private streets.

FROM THE COMMITTEE ON LAND USE - Request City Manager request the Director of Planning to delete the proposed language in the Omnibus Zoning Ordinance concerning parking requirements recommended in Table 4.4 in Business zones.

FROM THE COMMITTEE ON LAND USE - Request Mayor's proposed Ad Hoc Zoning Committee consider Special Permit language which would allow a developer by Special Permit to increase the number of compact vehicle spaces allowed by up to 25%.

FROM THE COMMITTEE ON LAND USE - Request City Manager request the Director of Planning to delete the proposed language in the Omnibus Zoning Ordinance concerning jurisdiction over split lots.

FROM THE COMMITTEE ON LAND USE - Request the proposed Ad Hoc Zoning Committee consider recommending stricter zoning language that more clearly regulates auto and truck sales and auto and truck servicing and repair.

FROM THE COMMITTEE ON LAND USE - Request City Manager request the Planning Director to delete the recommended change to the Omnibus Zoning Ordinance that is in Article 4, Section 8, Paragraph C, concerning home occupations.

FROM THE COMMITTEE ON LAND USE - Request City Manager request the Planning Director to amend Article 4, Table 4.1 in the Omnibus Zoning Ordinance to retain current language concerning nursing homes so that they are not allowed by right in RS-10 zones.

FROM THE COMMITTEE ON LAND USE - Request the proposed Ad Hoc Zoning Committee consider recommending to the City Council that nursing homes in RS-7 zones become a disallowed use rather than an allowed use by Special Permit.

FROM THE COMMITTEE ON LAND USE - Request the proposed Ad Hoc Zoning Committee review the terminology of adult day-care and consider recommending more appropriate language in the Omnibus Zoning Ordinance that would more clearly define these uses.

FROM THE COMMITTEE ON LAND USE - Request City Manger request the Planning Director to delete language in the Omnibus Zoning Ordinance concerning adult day-care as an allowed general use in all districts.

FROM THE COMMITTEE ON LAND USE - Request City Manager request the Planning Director to delete from the Omnibus Zoning Ordinance the January 10, 2006 amendment concerning duplexes.

FROM THE COMMITTEE ON LAND USE - Request City Manager request the Planning Director provide the City Council with a report stating the number of instances in which the Zoning Board of Appeals has considered appeals concerning non-conforming uses.

Request the City Manager conduct a survey of dead cellular communication zones within the city limits and contact cellular companies so as to motivate them to provide additional resources to remediate these identified dead communication zones. (Toomey, Petty)

Request the City Manager consider recommending to the City Council an amendment to the Ordinances of the City of Worcester that would ban the use of artificial trans fats in all food preparation establishments in Worcester because trans fats are chemically modified food ingredients that raise levels of a particularly unhealthy form of cholesterol that have been linked to heart disease. (Rushton)

Request the City Council's Standing Committee on Education and College/University Relations to invite representatives of WPI to a meeting of the Standing Committee to elaborate concerning the benefits that the Worcester community will reap as a result of the announcement that a four-year degree program in Robotics is to be introduced in 2007. (Toomey, Murray)

Request the City Council's Standing Committee on Education and College/University Relations to invite representatives of WPI to a meeting of the Standing Committee to discuss the various impacts that the expansion of the graduate school programs at WPI will have on the areas of the Worcester community that are in proximity to the expanding WPI/Gateway Technology Park neighborhood. (Toomey, Murray)

Request City Manager update the City Council concerning his negotiations for agreements for voluntary Payments-In-Lieu-Of-Taxes with local, tax-exempt non-profits, including colleges, universities, hospitals and social service agencies, as part of the effort to provide some tax relief to residential, commercial and industrial taxpayers. (Rosen)

#9.37A CM November 28, 2006
Communication of the City Manager transmitting informational communication regarding the Five-Year Financial Plan for the Worcester Public Schools.

James A. DelSignore, City Auditor, transmitting communication relative to the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2006.

James A. DelSignore, City Auditor, transmitting communication relative to the City's fiscal 2006 Management Recommendation Letter.

James A. DelSignore, City Auditor, transmitting communication relative to a survey of the 104 Massachusetts local and regional public retirement systems by the Public Employee Retirement Administration Commission (PERAC) regarding acceptance of MGL section 2 Chapter 157 of the Acts of 2005. Also a PERAC survey of the 104 systems regarding acceptance of section 1 of Chapter 157 of the Acts of 2005.

Joseph E. Connarton, Executive Director of Public Employee Retirement Administration Commission (PERAC) transmitting communication relative to the required Fiscal Year 2008 appropriation of $24,206,202.

Michael V. O'Brien, City Manager, transmitting communication relative to the City of Worcester's military pay benefits afforded to City employees who are reservists and are called into active duty.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager requesting adoption of the attached Order to allow the City Manager to waive building permit fees associated with the renovation of the former Loews Poli-Showcase Theater on Southbridge Street: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager relative to announcing the Worcester Cultural Coalitions' recent receipt of a $50,000.00 grant from the Massachusetts Cultural Council to support the planning and implementation of an innovative and creative system of directional signage: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Dawn E. Clark, Community Advocacy Coordinator, Center for Living & Working, Inc request crosswalk to be placed from the driveway on High St. at the Denholm Building lot to the Fanning Trade Building on the other side of the street: recommend adoption of accompanying two Orders for new crosswalk and commercial loading zone and adoption the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Guillermina Quinones request handicap parking in front of 14 Suffield St.: recommend adoption of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Barbara Dolan request handicap parking space with 2 signs at corner of Euclid Ave. and Perry Ave.: recommend adoption of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Konstantina B. Lukes on behalf of Mr. Shyam Sharma request a handicapped parking spot at 45 Institute Rd.: recommend adoption of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Marco Santana request to install handicap parking in front of 97 Downing St.: recommend adoption of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Timothy P. Murray request a handicapped parking space be installed in the vicinity of 107 Highland St.: recommend adoption of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of James Clark request handicap parking sign in front of 5 Palm St.: recommend adoption of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Madline Hoaglund request handicap parking sign across from 2 Mason St.: recommend adoption of the accompanying Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Brenda St. Denis request to remove unused handicap parking spot in Everard Street (first set of poles on the left coming from Belmont Street): recommend adoption of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Andrew A. Beardsley request to relocate a handicap parking space in front of #5 Uxbridge St.: recommend adoption of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of David Vitols request stop sign at intersection of Emerson Rd. & Randall St.: recommend adoption of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Paul P. Clancy, Jr. request a stop sign on West Upsala St. at Fairfax Rd.: recommend adoption of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Timothy P. Murray on behalf of Gary Wilcox request stop sign at the end of Cowden St. where it intersects with Edlin St.: recommend adoption of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Michael Fleming request to reverse Winter Parking Ban on Florence St. between Maywood and Beaver Sts.: recommend adoption of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of Jeffrey Richardson request to install Resident Sticker Parking on the south side of Institute Rd. from the corner of Park Ave. westerly to Mt. Hope Terr.: recommend adoption of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Paul Picknelly, Pres. Fargo Management LLC, request to remove parking meters on the west side of Major Taylor Blvd. between Thomas St. & Central St. and install in place thereof a passenger zone at all hours, all days: recommend adoption of the accompanying proposed Ordinance to remove the parking meters on the west side of Major Taylor Blvd. between Thomas St. and Central St.

That the sum of $10,720,000.00 be appropriated to Account #91C752, Union Station Parking Garage, for the purpose of paying for the construction of the Union Station Parking Garage, and any incidental improvements to the Union Station Inter-modal Transportation Center, including site remediation, engineering, design, demolition, project management, and incidental costs thereof.

Amending the Salary Ordinance relative to the salary of the City Manager.

Order of Mayor Timothy P. Murray - Request City Council vote to advertise the attached amendment to the Salary Ordinance which would increase the salaries of the Mayor and Members of the City Council equal to Consumer Price Index rate of inflation since the last increase in 1987 to $38,600 for the Mayor and $33,775 for the members of the City Council and, thereafter, on each January First by the rate of inflation measured by the Consumer Price Index for the preceding year. (Tabled - December 12, 2006)

Order of Mayor Timothy P. Murray - That the ordinance relative to the Police Department License Board as it relates to taxi regulations be rescinded. (Tabled Murray - April 25, 2006)

Order of Councilor Barbara G. Haller and Councilor Gary Rosen - Request the City Manager take all steps to have the WRTA #11 bus rerouted to serve the Island part of Harding Street (south of Kelley Square) to take residents, especially the elderly, to and from the Route 20 Fair Shopping Plaza. Further request that this service be provided several times in the mornings and again in the afternoons, both outbound and inbound. This service was formerly provided by the old #4 Millbury City Line and eliminated on January 28th, 2006 creating a serious hardship and reduction in the quality of life for residents in the Green Island neighborhood. (Tabled - Haller August 29, 2006)

Communication of Roberta R. Schaefer, Executive Director of Worcester Regional Research Bureau, transmitting communication relative to Dial 911: Whose Call Is It, Anyway? (Tabled - Murray October 10, 2006)

Communication of the City Manager transmitting informational communication relative to the Request for Proposal on two parcels of land currently owned by the Worcester Fire Department. (Tabled - Toomey November 14, 2006)

Motion-Lukes @ 11b CC- Request City Manager establish a request for proposal for a new vendor for the parking ticket process within thrity days.

Motion-Lukes @11b CC-Request City Manager submit a copy of communication relative to the City's Fiscal 2006 Management Recommendation Letter, item 11b of the December 19, 2006 agenda, to the School Department pertaining to bonding of employees who are responsible for selling tickets and collecting and/or depositing money from high school athletic events and student activity funds.

Report of the Planning Board Upon the Petition of John Shea, Chairman of the Planning Board request to consider the attached Omnibus Zoning Ordinance Amendment: recommend the Planning Board Report and Petition be referred to the City Council's Standing Committee on Ordinances for a hearing.

Report of the Planning Board upon the Petition of John Shea on behalf of the Planning Board request to amend the City of Worcester Zoning Ordinance by adding the following limitation to Article IV Sec. 8 (III) (A): External activities, such as deliveries, noise, etc. shall be prohibited prior to 9:00 A.M. and after 5:00 P.Mrecommend the Planning Board Report and Petition be referred to the City Council's Standing Committee on Ordinances for a hearing.