July 25, 2012 - Regular City Council Session
City Council, July 25, 2012
A regular session of the Pawtucket City Council is held Wednesday, July 25, 2012, at 12:19 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present - President Moran, Councilors Barros, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
Absent – Councilors Barry and Chadwick.
President Moran presides.
The reading of the records of July 11, 2012 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Tetreault, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| | A. Communication from Rhode Island Department of Transportation to the Pawtucket City Council (Pawtucket Bridge #550 Updates for July 8-14 and 15-21, 2012) |
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| | B. Communication from Rhode Island Clean Water Finance Agency submitting Various Forms and Statements for the month ending June 30, 2012. |
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| | C. Communication from Lynn M. Hawkins, Exeter Town Clerk, to City & Town Clerks. (Resolution in Support of South County and Westerly Hospitals) |
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| | D. Communication from Jeannine S. Bourski, Deputy Finance Director to Mayor Donald R. Grebien. (Uniform Overtime FY12) |
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| | E. Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council. (Statement of Estimated, Realized, and Unrealized Revenues, for the fiscal period July 1, 2011 through June 30, 2012) |
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| ** | F. Communication from John W. Hanley, Interim Director of Zoning and Code Enforcement, to the Members of the Pawtucket City Council. (Response – Inspections Key Container – Smoke Stack) |
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| ** | G. Communication from John W. Hanley, Acting Director of Zoning and Code Enforcement, to the Members of the Pawtucket City Council. (Response – Jurisdiction Key Container – Smoke Stack) |
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| | H. Communication from James D. Wilkinson, CPA, Shareholder, Braver Accountants & Advisors, to the Members of the Pawtucket City Council. (Upcoming Financial Audit) |
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| | I. Communication from David M. Wax, Acting Executive Director, Gamm Theatre, to the Members of the Pawtucket City Council. (Tax Exempt Status) is READ AND ORDERED FILED AND REFERRED TO THE FINANCE COMMITTEE. |
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| | J. Communication from Melissa DaRosa, Knowledge is Power, to Councilor Barros, requesting $4,500 from the Substance Abuse/D.A.R.E. Fund for the 4th Annual Nonviolence Awareness Block Party is READ AND ORDERED FILED AND REFERRED TO THE SUBSTANCE ABUSE/D.A.R.E. FUND COMMITTEE. |
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| | K. AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, ENTITLED “ZONING” (Text & Official Zoning Maps) Historic Overlay – 39 Lafayette Street & 14 Perrin Avenue IS LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR AUGUST 8, 2012 AT 7:00 P.M. WITH THE RECOMMENDATION OF THE ORDINANCE COMMITTEE. |
** TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Barros, is PASSED on a unanimous voice vote:
The clerk is instructed to send a communication to Robert Burns, Acting Tax Assessor, requesting that he provide the Council with the number of tax exemptions granted for properties in historic zones, pursuant to Sec. 363-59 of the Code of Ordinances, since the ordinance was first approved on May 30, 2000.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Barros, is PASSED on a unanimous voice vote:
The clerk is instructed to send a communication to Barney S. Heath, Acting Director, Department of Planning and Redevelopment and John Hanley, Acting Director of Zoning and Code Enforcement, requesting that Mr. Heath provide the Council with the number of certificates of appropriateness granted for renovations to properties in historic zones, which are eligible for tax exemptions, pursuant to Sec. 363-59 of the Code of Ordinances, since the ordinance was first approved on May 30, 2000. Also, the Council requested that Mr. Hanley provide them with the number of permits issued to property owners who are eligible for the same tax exemption over the same period of time.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Barros, is PASSED on a unanimous voice vote:
The clerk is instructed to send a communication to Frank J. Milos, Jr., Esq., City Solicitor, requesting that he prepare an ordinance which will place a moratorium on tax exemptions for properties in historic zones, pursuant to Sec. 363-59 of the Code of Ordinances.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Barros, is PASSED on a unanimous voice vote:
The clerk is instructed to send a communication to the Finance Committee requesting that the Committee consider creating a restricted receipt account for funds reimbursed by the State, which will result from expenditures of the $5 million bond for health, safety and fire code-related emergency repairs, renovations and equipping of public school buildings, which is on the ballot in November.
THE FOLLOWING ORDINANCE IS WITHDRAWN FROM CONSIDERATION:
THE FOLLOWING ORDINANCE IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” TEXT AND OFFICIAL MAPS – RIVERFRONT COMMONS DISTRICT (33-44-100 Main Street, and 10 School Street - Apex)
THE CHAIR RECOGNIZES COUNCILOR HODGE:
With majority consent of the Council, Councilor Hodge introduces the following amendment:
The ordinance entitled “AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” TEXT AND OFFICIAL MAPS – RIVERFRONT COMMONS DISTRICT (33-44-100 Main Street, and 10 School Street - Apex)” shall read as follows, with the following amendments:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” TEXT AND OFFICIAL MAPS – RIVERFRONT COMMONS DISTRICT (33-4446-100 Main Street, and 10 School Street - Apex)
Section 1.
Amendment to Article I § 410.2 Establishment of zoning districts:
O. Riverfront Commons District RCD. The purpose of the Riverfront Commons District RCD is to encourage use and development of previously developed buildings, land, and/or sites by promoting flexibility in use and design being cognizant of its proximity to the Blackstone River.
Creation of Article V (B) - Riverfront Commons District (RCD)
§410-43.3 Purpose & Objectives.
- Riverfront Commons District RCD. The purpose of the Riverfront Commons District (RCD) is to encourage use and development of previously developed buildings, land, and/or sites by promoting flexibility in use and design being cognizant of its proximity to the Blackstone River.
B. Qualification. On the date any parcel of land is placed into an RCD zone, it shall be part of one or more parcels of land (separated only by public or private roadways or rights of way) containing a minimum of eight (8) acres of land that is adjacent to the Blackstone River and that is under common control/ownership, unless otherwise waived by the City Council and the Planning Commission. The term “common control/ownership” means and relates to either (a) one person or entity or (b) separate entities in which the underlying ownership is held in part by one or more of the same person, persons or entities.
§410-43.4 Permitted Uses; Additional Criteria; Development Plan Review Process
A. Permitted Uses: Uses currently permitted by right in the Commercial General (CG) zone and or Riverfront Mixed Use (RD3) zones are permitted in the RCD zone. and tThe following uses, listed by Table of Use Regulations category, are also permitted in the RCD zone:
1. Multi Residential use Sec. 410-12 (1) (D), (L)
2. Education Facilities, Art Galleries and Houses of Worship: Sec. 410-12 (5) (A), (I), (J), (K), (L), (M), and (N)
3. General commercial uses: Sec. 410-12 (7), excluding (7) (H) Flea markets
4. Personal services: Sec. 410-12 (8), excluding (8) (C) Carpet cleaning, (R) Pawn shops, (Q) Check cashing
5. Business Services: Sec. 410-12 (9), excluding (9) (E) Pest control
6. Office uses: Sec. 410-12 (10)
7. General automotive repairs: Sec. 410-12 (11) (A), (B), (C), (G), (I)
(permitted if set back at least 150 feet from the low water line of the Blackstone River).
8. Wholesale commercial uses: Sec. 410-12 (15)
9. Storage: Sec. 410-12 (18) (B), (H)
10. Industrial uses: Sec. 410-12 (19) (D), (F), (H), (O), (P), (S)
11. Existing non conforming uses in an area being put in to the RCD zone are allowed in the RCD zone.
Uses allowed by Special Use Permit: Uses currently permitted by Special Use Permit in the Commercial General (CG) zone or Riverfront Mixed Use (RD3) zone are permitted in the RCD zone by Special Use Permit (unless allowed by right above). The following uses, listed by Table of Use Regulations category, are also permitted in the RCD zone by Special Use Permit (unless allowed by right above):
1. Any commercial use with a drive-in window. Sec. 410-12 (7)(E)
2. General commercial uses: Sec. 410-12 (7) (G) Nightclubs
3. Industrial Uses: Sec. 410-12 (19) (AA)
Uses allowed as Accessory Uses: Uses currently permitted as Accessory Uses in the Commercial General (CG) zone or Riverfront Mixed Use (RD3) zone are permitted in the RCD zone as Accessory Uses (unless allowed by right above). The following uses, listed by Table of Use Regulations category, are also permitted in the RCD zone as Accessory Uses (unless allowed by right above):
1. Personal services: Sec. 410-12 (8) (T) Pet Overnight Boarding
In addition, the uses permitted in the Table of Use Regulations 410 Attachment 1 as amended (See attached Exhibit B) are permitted in the RCD Zone and any uses added to the Commercial General (CG) or Riverfront Mixed Use (RD3) zones shall also be added to and allowed in the RCD Zone.
B. Additional Criteria for Approval.
1. To approve any development activity in the RCD zone, the Planning Commission shall find that the application is consistent with the Comprehensive Plan and complies with the applicable sections of the Zoning Ordinance.
2. Parking: a. There is no minimum (or maximum) number of parking spaces in the RCD zone. The parking design standards set forth in §410-78 shall apply.
b. Developed areas located between a building and the river for parcels abutting the river shall be allowed to be used for parking.
3. Dimensional Regulations: Dimensional Regulations, in effect at time of adoption of this ordinance, as presented in Article VI § 410-44 of the Pawtucket Zoning Ordinance for Commercial Downtown Zone – Other Permitted Uses, as amended below for Riverfront Commons Zone shall apply to the RCD zone.
4. Signs: The existing Any permitted signs for Manufacturing Open (MO) Manufacturing Built Up (MB), Commercial General (CG) and Riverfront Development 3 (RD3) Districts Commercial Local, General and Downtown Zoning Districts and Riverfront Public Open, Riverfront Industrial and Riverfront Mixed Use under Section 410-88(D), (E) and (G) and Section 410.89 Shopping Center Signs of the existing Pawtucket Zoning Ordinance are permitted in the RCD zone, except that any electronic messaging centers (EMC signs) shall be allowed only by Special Use Permit. All existing signage in place or permitted via variance or special use permit and yet to be built in an area being put into the RCD zone is allowed in the RCD zone.
5. Riverfront Commission: The Riverfront Commission will serve in an advisory capacity to the Planning Commission in the RCD zone. The review process shall occur concurrently. The procedural processes of the Planning Commission shall govern.
C. Development design review process. Design review in the RCD zone shall be as currently defined in Article IIIA - Planned Land Development §410.15.1.
D. Existing non-conforming uses in an area being put in to the RCD zone are allowed in the RCD zone.
Article VI. Dimensional Regulations. §410-44. Enumeration
| | | | | Minimum Yard Setback Line | Maximum Height of Structures | |||
| | Minimum Lot Size | Minimum | Maximum Lot | Front | Side | Rear | Main* | Accessory |
| | | Lot Frontage | Coverage | | | | | |
| Zone and Use | (square feet) | (feet) | (percent) | (feet) | (feet) | (feet) | (feet) | (feet) |
| Riverfront | 2,500 | 25 | 100% | 0 | 0 | 0 | 85 | 15 |
| Commons | | | | | | | | |
| Zone | | | | | | | | |
NOTES:
* Maximum height is measured from the highest grade of site location to the highest point of the structure.
Article VII. Supplementary Regulations. §410-60. Special use requirements for specific uses.
K. Any commercial use with a drive-in window.
(1) Minimum lot size shall be 10,000 square feet. All land, including stacking area and parking, must be zoned commercial local, general, riverfront commons, or manufacturing open.
The only amendment to K. is the addition of the words “riverfront commons” as underlined above in K. (1) and the remaining sections of K shall remain as is.
Upon motion made by Councilor Hodge, seconded by Councilor Barros, the above amendment is APPROVED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES – 0.
The following ordinance is read for the FIRST time, AS AMENDED, and PASSED, on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” TEXT AND OFFICIAL MAPS – RIVERFRONT COMMONS DISTRICT (33-46-100 Main Street, and 10 School Street - Apex) AS AMENDED.
THE FOLLOWING PETITION FOR LICENSE WAS LAID ON THE TABLE AT THE JUNE 20 & JULY 11, 2012 MEETINGS AND IS AGAIN TAKEN UP:
PUBLIC LAUNDRY Renewal –
*Angelica Textile Services Inc., 482 Pawtucket Ave. LIC#3057
THE CHAIR RECOGNIZES COUNCILOR BARROS:
Upon motion made by Councilor Barros, seconded by Councilor O’Neill, the following license is APPROVED WITH THE FOLLOWING STIPULATIONS on a unanimous voice vote:
PUBLIC LAUNDRY Renewal –
*Angelica Textile Services Inc., 482 Pawtucket Ave. LIC#3057
STIPULATIONS:
1. Clean the grounds and have an ongoing maintenance program.
2. Erect an 8 foot fence in their employee parking lot.
3. Routinely go around the affected area and pick up blowing trash.
4. Post sign in employee parking area alerting them to reduce trash and noise.
5. Minimize as much as possible the noise from the back-up alarm.
6. No truck parking on Dartmouth Street
THE FOLLOWING PETITION FOR LICENSE WAS LAID ON THE TABLE AT THE JUNE 20 & JULY 11, 2012 MEETINGS AND IS AGAIN TAKEN UP:
VICTUALLING HOUSE First Class – New
David M. Bodganski d/b/a My Daddy’s Pizza and Grille, 596 Pawtucket Ave. LIC#8253
THE CHAIR RECOGNIZES COUNCILOR BARROS:
Upon motion made by Councilor Barros, seconded by Councilor O’Neill, the following license is APPROVED on a unanimous voice vote:
VICTUALLING HOUSE First Class – New
David M. Bodganski d/b/a My Daddy’s Pizza and Grille, 596 Pawtucket Ave. LIC#8253
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT
Petition of Knowledge is Power to have a Nonviolence Block Party at Payne Park closing portions of West Avenue and Jefferson Street, on Sunday, August 26, 2012 (Rain Date: Sunday, September 9, 2012) from 12:00 p.m. until 9:00 p.m., LIC#8333
Petition of Mobile Animal Safety Initiative Inc., for a license to conduct fundraiser at St. Teresa’s Hall, on Saturday, August 25, 2012 from 5:00 pm to 9:00 pm LIC#8336
Petition of Revival Deliverance Edit. Ctr., to have a Gospel Concert at Slater Park, Concession Stand, on Saturday September 1, 2012, from 12:00 p.m. to 5:00 p.m. LIC#8338
PINBALL & AMUSEMENT DEVICES All Renewals -
John J. Bateman d/b/a Spring Lake Arcade, 25 Andrew Ferland Way (Lynch Arena)(4) LIC#4620
John J. Bateman d/b/a Spring Lake Arcade, 325 Newport Ave., (Slater Park - Carousel) (2) LIC#4992
JK Club LLC d/b/a J K Club, 520 Central Ave, (1) LIC#4979
PUBLIC LAUNDRY Renewals –
Anjos Enterprises Inc. d/b/a J & L Laundramat, 288 East Ave. LIC#3003
RGD Laundry Inc., d/b/a Freeway Laundry IV, 562 Broadway, LIC#7740
Solola, Oladipo d/b/a Langley's Laundry, 265 Pawtucket Ave. LIC#3041
Te, Thao d/b/a Washing Well Laundromat, 906 Main St. LIC#5754
SIGN PERMIT Renewals -
Andellas Boulevard Meats LLC d/b/a Andella’s Boulevard Meats, 627 Armistice Blvd. (1) LIC#5763
Baptista, Richard d/b/a Off the Hook, (Barber Shop) 269 Main St. (1) LIC#5744
Demers, Normand d/b/a Norm’s New Generation Barber Shop, 168 Smithfield Ave. (1) LIC#5453
Fastcash Pawn & Checkcasher Incorporated d/b/a Fastcash Pawn & Checkcasher , 846 Newport Ave. (1) LIC#7338
Rinaldi, Richard L., d/b/a Walt’s Roast Beef, 285 Newport Ave. (1) LIC#3302
Saggal, Joseph d/b/a Broadway Pizza, 511 Broadway, (1) LIC#4841
Samaritans, Inc., d/b/a Forget Me Not Gallery, 67 Park Place, (1) LIC#8005
VICTUALLING HOUSE First Class New –
Aceituno, Paola F., d/b/a Better Life, 652 Broadway, Pawtucket, RI LIC#8303
WASTE HAULER Renewals -
Allied Waste North America Inc., d/b/a Allied Waste Systems of Fall River, 1080 Airport Road, Fall River, MA, LIC#3359
Gueuremont, Albert d/b/a Roll-A-Way Disposal, 86 Knight Street, Warwick, RI, 02886 LIC#3346
Lavoie & Son Industrial Waste Removal, Inc., 41 Diane Drive, Coventry, RI 02816 LIC#7799
Patriot Disposal Co Inc., d/b/a Patriot Disposal, 2208 Plainfield Pike, Johnston, RI, LIC#3338
TLA Providence LLC d/b/a TLA Pond View, 1 Dexter Road, East Providence, RI LIC#5073
Waste Management of RI, 1610 Pontiac Avenue, Cranston, RI, LIC#3361
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Kevin Bessette - $941.35 - $998.39
Gale Martin - $299.00 - $389.96
Ramiro Ricaurte, by Allstate Insurance - $6,000
Chanel Velasquez, by Matthew Durfee, Esq. – No Amount Specified
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor O’Neill, is PASSED on a unanimous voice vote:
The clerk is instructed to send a communication to Sgt. Roy Clary, requesting that the police enforce the one hour parking at the intersection of Newport Avenue and Armistice Boulevard in the 500 block of Armistice Boulevard and the 840-850 block of Newport Avenue.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The clerk is instructed to send a communication to Michael Burns, Traffic Engineer, requesting that he once again consider implementing diagonal parking at the intersection of Newport Avenue and Armistice Boulevard in the 500 block of Armistice Boulevard and the 840-850 block of Newport Avenue. Councilor Vitali believes this would improve the parking situation at that location.
THE CHAIR RECOGNIZES COUNCILOR O’NEILL.
With majority consent of the Council, the following motion made by Councilor O’Neill, on behalf of Council President Moran, seconded by Councilor Barros, is PASSED on a unanimous voice vote:
The clerk is instructed to send a communication to Sgt. Roy Clary, Pawtucket Police Department, requesting that he set up patrols for drivers going through the 4-way stop sign at Grand Avenue and Cottage Street without stopping. Also, Sgt. Clary is requested to set up radar patrols for people speeding on Cottage Street, at the intersections of Hudson Street and Blackburn Street.
Upon motion made by Councilor Hodge, seconded by the entire City Councilor, the meeting is adjourned in memory of Susan Kelley, wife of the former Pawtucket Police Chief George L. Kelley, III, at 12:43p.m.