The City Council meets in the Council Chamber on Tuesday, June 18, 2002 and is called to order at 7:35 p.m. by Mayor Joseph S. Larisa, Jr.

Present:            Mayor Joseph S. Larisa, Jr.                  )

Rolland R. Grant                                   )          

Peter F. Midgley                                   )           Council Members

Norman J. Miranda                              )

Patrick A. Rogers                                 )                                  

            Paul E. Lemont                                     )           City Manager

William J. Conley, Jr.                            )           City Solicitor

Valerie A. Perry                                   )           City Clerk       

The Invocation is led by Mayor Larisa. The Salute to the Flag is led by Councilman Miranda.

Lori Merolla of Merandi Reporting is present to record the proceedings of the Public Hearings.

1.         HIGHWAY ABANDONMENT - South Revere Street (formerly known as Chestnut St) - From Warren Avenue northerly to I-195 Expressway

Petitioners: Marshall 950 Warren Avenue LLC

Advertised: East Providence Post - May 30, June 6, June 13, 2002

Notices sent to Utilities Companies - May 24, 2002

Notices served on abutters - May 22, 2002

May 15, 2002 - Memo to Council from Planning Board recommending approval

Ralph McGonagle, Marshall Properties, is present and sworn. He proceeds to review the request for Highway Abandonment of South Revere Street.

There is no one from the public wishing to be heard.

Motion to approve is made by Councilman Grant, seconded by Councilman Miranda. Councilman Rogers recuses himself from the vote. A roll call vote follows, and the motion passes 4-0.

Mayor Larisa recognizes former Mayor Albert Perry, who is in the audience. He notes that Mayor Perry served from 1962 to 1964.

                        2.         ZONING ORDINANCE (Advertised Prov. Journal)

AN ORDINANCE AMENDING CHAPTER 19 ENTITLED “ZONING.”, which adds language to Section 19-45 as required by R.I. General Laws; adds dormitory for an institution of higher education as a permitted use in the C-3 Zoning district; allows non-conforming residential uses to have certain accessory uses associated with confirming residential uses; and adds a requirement to 19-284 entitled “Off-Street Parking” by adding a requirement for a dormitory for an institution of higher education.        

CHAPTER NO. 216

Attorney Martin Slepkow, representing the petitioners, addresses the Council regarding the Zoning Amendment request, which will allow Johnson & Wales University to use the structure for a dormitory for up to 200 students.

He goes on to stay that the Planning Board gave conditional approval with four stipulations, and they have agreed to all four.

Merlin De Conti, 45 Reardon Avenue, Riverside, Rhode Island is present and sworn. Mr. De Conti informs the Council of the shuttle bus schedule for the students, and says the students are encouraged to participate in community service.

Arthur Gallagher, Residential Life Director, is present and sworn. He states the students will mostly be 2^nd and 3^rd year students and all students sign a binding room contract.

Planning Director Jeanne Boyle explains the remainder of the ordinance change, which includes parking requirements.

There is no one from the public wishing to be heard.

Motion to approve is made by Councilman Rogers, seconded by Councilman Midgley.      

Councilman Grant states his concerns about a C-3 permitted use in that area. He says other schools could come into the City and buy up property which would become tax free. He says this would open up a Pandora’s box and says he cannot vote for it.

Jeanne Boyle responds that educational and commercial educational facilities are already allowed in C-3 zones. She also says that any future requests would have to go through a battery of reviews before being allowed.

Discussion is held on how to say “yes” to this and “maybe” to others. Mr. Conley informs the Council that they act Legislatively, and the Planning and Zoning Departments will deal with the land issues. He says all applicants will have to meet very stringent requirements. Councilman Rogers asks if elderly housing units could be converted to dormitories. Jeanne Boyle responds by saying multi-family units are not a permitted use in C-3 zones.          

Following further discussion, a roll call vote is taken on the motion:

Councilman Grant                Nay

Councilman Midgley             Aye

Councilman Miranda            Aye

Councilman Rogers               Nay (for not having sufficient information)

Mayor Larisa                          Aye

The motion passes 3-2.

3.         ZONING MAP AMENDMENT

                                                Advertised - Providence Journal -June 6, 10, 17, 2002

Notices Sent by Certified Mail - June 3, 2002

Requesting to amend the existing Planned Unit Development Ordinance to allow the present structure on the property located at 350 Taunton Avenue, Map 306, Block 1, Parcel Lot 13, to be used as a dormitory for up to 200 students enrolled at an institution for higher education.

PETITIONERS - Hamlet Court Real Estate, LLC

Attorney - Martin P. Slepkow                                                              

Lot - Map 306, Block 1, Parcel 13

Location - 350 Taunton Avenue

Jeanne Boyle reviews the petition and answers questions from the Council

.Motion to approve is made by Councilman Midgley, seconded by Councilman Rogers.

There is no one from the public wishing to be heard. A roll call vote is taken:

Councilman Grant                                 Nay

Councilman Midgley                             Aye

Councilman Miranda                             Aye

Councilman Rogers                               Nay

Mayor Larisa                                        Aye

Motion passes 3-2.

ORDINANCES - FINAL PASSAGE (Given first passage June 4, 2002)

Advertised - Providence Journal - June 7, 2002

The following ordinance establishes the geographical boundaries for the four ward lines in the City of East Providence for the City Council and School Committee.

1.         AN ORDINANCE AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION”, which amends Sec. 2-16 entitled “Wards designated” to read as follows:

Pursuant to G.L. 1956, '22-1-1, as amended, the ward lines are as follows:

(1)        First Ward. The first council ward shall consist of all that part of the city bounded by a line beginning at a point of intersection of the East Providence-Pawtucket boundary line; thence easterly along the East Providence-Pawtucket boundary line to the Rhode Island-Massachusetts boundary line; thence southerly and southeasterly along the Rhode Island-Massachusetts boundary line to Taunton Avenue; thence southwesterly along Taunton Avenue to Waterman Avenue; thence northwesterly along Waterman Avenue to James Street; thence northerly along James Street to Central Avenue; thence westerly along Central Avenue to Curtis Street; thence northerly and westerly on Curtis Street and westerly on Curtis Street extended to the Providence-East Providence boundary line; thence northerly on the Providence-East Providence boundary line to the point and place of beginning.

(2)        Second Ward. The second council ward shall consist of all that part of the city bounded by a line beginning at a point of intersection of the East Providence- Providence boundary line; thence easterly on Curtis Street extended and easterly and southerly on Curtis Street to Central Avenue; thence easterly on Central Avenue to James Street; thence southerly on James Street to Waterman Avenue: thence southeasterly on Waterman Avenue to Taunton Avenue; thence northeasterly on Taunton Avenue to the Rhode Island-Massachusetts boundary line: thence southerly along the Rhode Island-Massachusetts boundary line to Warren Avenue; thence westerly on Warren Avenue to Pawtucket Avenue; thence southerly on Pawtucket Avenue to Intervale Avenue; thence westerly on Intervale Avenue to Windhurst Avenue; thence southwesterly on Windhurst Avenue to Brightridge Avenue; thence northwesterly on Brightridge Avenue to Bliss Street; thence westerly on Bliss Street to Chestnut Street; thence southerly on Chestnut Street to Belmont Avenue; thence westerly on Belmont Avenue to South Broadway; thence southerly on South Broadway to Veterans Memorial Parkway; thence northwesterly on Veterans memorial Parkway to its intersection with Watchemoket Cove; thence southwesterly through Watchemoket Cove to the East Providence-Providence boundary line in the Providence River; thence northerly along the Providence-East Providence boundary line to the point and place of beginning.

(3)        Third Ward. The third council ward shall consist of all that part of the city bounded by a line beginning at a point of intersection of the East Providence-Providence boundary line and Watchemoket Cove; thence northeasterly through Watchemoket Cove to its intersection with Veterans Memorial Parkway; thence southeasterly on Veterans Memorial Parkway to South Broadway; thence northerly on South Broadway to Belmont Avenue; thence easterly on Belmont Avenue to Chestnut Street; thence northerly on Chestnut Street to Bliss Street; thence easterly on Bliss Street to Brightridge Avenue; thence southeasterly on Brightridge Avenue to Windhurst Avenue; thence northeasterly on Windhurst Avenue to Intervale Avenue; thence easterly on Intervale Avenue to Pawtucket Avenue; thence northerly on Pawtucket Avenue to Warren Avenue; thence easterly along Warren Avenue to the Rhode Island-Massachusetts boundary line; thence southerly along the Rhode Island-Massachusetts boundary line to River Road; thence westerly on River road to Wampanoag Trail; thence southerly on Wampanoag Trail to Old Barrington Road; thence continuing southerly on Old Barrington Road to Forbes Street; thence westerly and southerly on Forbes Street to Willet Avenue; thence westerly on Willet Avenue to its intersection with the eastern shore of Willet Pond; thence northerly along the eastern shore of Willet Pond to a line extended northerly to the former New York New Haven and Hartford Railroad; thence northerly along that line (boundary line between 2002 US Census Block 440070105024004 and 440070105025004) to the former New York New Haven and Hartford Railroad; thence westerly along the former New York New Haven and Hartford Railroad to Pawtucket Avenue; thence southerly on Pawtucket Avenue to Bullocks Point Avenue; thence southerly on Bullocks Point Avenue to it intersection with the East Bay Bike path; thence southeasterly on the East Bay Bike Path to its intersection with Providence Avenue extended; thence southerly on Providence Avenue extended and Providence Avenue to East Knowlton Street; thence westerly on East Knowlton Street to Knowlton Street; thence westerly on Knowlton Street and Knowlton Street extended to its intersection with the East Providence-Providence boundary line; thence northerly along the Providence-East Providence boundary line to the point and place of beginning.

(4)        Fourth Ward. The fourth council ward shall consist of all that part of the city bounded by a line beginning at a point of intersection of the Rhode Island-Massachusetts border and River Road; thence westerly along River Road to Wampanoag Trail; thence southerly on Wampanoag Trail to Old Barrington Road; thence continuing southerly on Old Barrington Road to Forbes Street; thence westerly and southerly on Forbes Street to Willet Avenue; thence westerly on Willet Avenue to its intersection with the eastern shore of Willet Pond; thence northerly along the eastern shore of Willet Pond to a line extended northerly to the former New York New Haven and Hartford Railroad; thence northerly along that line (boundary line between 2002 US Census Block 440070105024004 and 440070105025004) to the New York New Haven and Hartford Railroad; thence westerly along the former New York New Haven and Hartford Railroad to Pawtucket Avenue; thence southerly on Pawtucket Avenue to Bullocks Point Avenue; thence southerly on Bullocks Point Avenue to its intersection with the East Bay Bike Path; thence southeasterly on the East Bay Bike Path to its intersection with Providence Avenue extended; thence southerly on Providence Avenue extended and Providence Avenue to East Knowlton Street; thence westerly on East Knowlton Street to Knowlton Street; thence westerly on Knowlton Street and Knowlton Street extended to its intersection with the East Providence-Providence boundary line; thence southerly along the Providence-East Providence boundary line to its intersection with the East Providence-Barrington boundary line; thence easterly and northeasterly along the East Providence-Barrington boundary line to the Rhode Island-Massachusetts boundary line; thence northwesterly along the Rhode Island-Massachusetts boundary line to the point and place of beginning.                                 

On motion of Councilman Rogers, seconded by Councilman Grant, it is unanimously voted to dispense with the reading of the ordinance.

Mr. Conley explains the ordinance. There is no one from the public wishing to be heard.

On motion of Councilman Midgley, seconded by Councilman Rogers, and on a roll vote, it is voted 4-0 to approve. It is noted for the record that Councilman Miranda is absent for the vote..

2.         AN ORDINANCE AMENDING CHAPTER 18 ENTITLED "VEHICLES AND TRAFFIC.", which amends Article X entitled "Stopping, Standing and Parking, Subsection 18-307 entitled "Parking prohibited at all times." by deleting therefrom the following:        SUMMIT STREET (east side), from Cross Street to a point 45 feet north.

Requested by Councilman Miranda                              

CHAPTER NO. 214                                     

There is no one from the public wishing to be heard.

On motion of Councilman Midgley, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve.

3.         AN ORDINANCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY AND AN EXCISE TAX ON REGISTERED MOTOR VEHICLES AND TRAILERS.     

            CHAPTER NO. 215             

Mr. Conley explains that this ordinance results in the decrease of the budget.

There is no one from the public wishing to be heard.

On motion of Councilman Midgley, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve.