Cambridge City Council meeting - May 23, 2011 - AGENDA
CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-40, regarding a report on the safety of nuclear reactors in Cambridge.
Referred to Cable TV, Telecommunications & Public Utilities Committee
2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-43, regarding a report on plans for maintaining service at Lechmere Station through the construction and how long the Green Line will be impacted due to these upgrades.
3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-46, regarding a report on the creation of a plan to reduce overall pedestrian crossing distance of the highway to the relocated Lechmere Station.
4. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following person as a Constable without power for a term of three years, effective the first day of January, 2011: Kimberly S. Cambria
5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-53, regarding a report on way to make the Follen Street/Little Concord Avenue intersection safer for pedestrians, bicyclists and motorists.
Referred back to City Manager
May 23, 2011
To the Honorable, the City Council:In response to Awaiting Report Item Number 11-53, regarding a report on way to make the Follen Street/Little Concord Avenue intersection safer for pedestrians, bicyclists and motorists, Assistant City Manager for Community Development Brian Murphy and Traffic, Parking & Transportation Director Susan Clippinger report the following:
The design of this bicycle facility (contraflow bike lane) was done with the reconstruction of Arsenal Square, Follen Street and "Little" Concord Avenue in the mid 1990s. At that time, an analysis was done for bicycle, pedestrian, and motor vehicle travel and it was found that a large number of cyclists use this travel corridor, with essentially an equal number of cyclists traveling in each direction. Motor vehicle volumes on the street are very low and most drivers are ones who live there and use the street regularly. The contraflow lane was installed to improve safety for cyclists by creating a dedicated facility for them to ride in and through the presence of pavement markings to remind motorists that bicyclists are traveling there.
In response to the Council Order, staff have looked again at the site and determined that we will improve the signing and add pavement markings to remind all users to exercise care and caution at the intersection. In addition, a "Watch for Crossing bicycles" sign has been ordered for Follen Street that we expect will arrive and be installed in 4 weeks. We also will be marking the alignment of the bicycle lane by dashed lines where the bicycle lane crosses Follen Street. The pavement markings will be installed in July although the mark out may occur sooner. Cambridge Police will also be present to reinforce the importance of cyclists stopping at the stop sign.
Very truly yours, Robert W. Healy, City Manager
6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-42, regarding a report on visual materials to accompany the Zoning Ordinance.
7. Transmitting communication from Robert W. Healy, City Manager, relative a response to Awaiting Report Item Number 11-48, regarding a report on how the City can prepare for heat waves and the opportunities to help low-income resident acquire air conditioners.
8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-44, regarding a report on increasing lighting in municipal parking lots in Central Square and on whether those lots can be converted to a meter system.
9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-54, report on the feasibility of allowing businesses to apply for an active loading zone permit that would cover all major shopping holidays.
10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-05, regarding a report on Enterprise Rental parking cars on the City sidewalk.
11. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-12, regarding a report on any foreseeable tax revenue implications of Vertex's decision to leave Cambridge.
May 23, 2011
To the Honorable, the City Council:In response to Awaiting Report Item Number 11-12, regarding a report on any foreseeable tax revenue implications of Vertex's decision to leave Cambridge, Director of Assessment Robert P. Reardon reports the following:
The Board of Assessors has been asked to respond to the potential loss in tax revenues as a result of the decision by Vertex Pharmaceuticals to relocate to Fan Pier in South Boston. Vertex Pharmaceuticals currently occupies approximately 775,000 square feet of space in several buildings within the City of Cambridge including desirable large spaces in 130 Waverly Street, 88 Sidney Street, 200 Sidney Street and 675 West Kendall Street. The current leases within the City of Cambridge for the Vertex space runs for up to seven years with various expiration dates. The Fan Pier project will require construction of two new buildings to house the Vertex operations expected to be completed in late 2013 which means the earliest the impact on tax revenues would be for FY15 (1/1/2014). The difficulties of such a large move and expiration of leases it will make it highly unlikely that Vertex could vacate space within the City of Cambridge much before the end of 2015.
The Cambridge lab market totals approximately 8.6 million square feet, primarily concentrated in the East Cambridge / Kendall Square area surrounding MIT. The lab market vacancy rate for the end of 2010 was 15% essentially unchanged over 2009. Despite being statistically flat, the lab market was very active in 2010 with nearly 1,000,000 square feet of signed leases and demand remaining strong so far in 2011. The amount of lab space occupied (absorption rate) during 2010 was 122,000 square feet and for 2009 it was 264,000 square feet. The absorption rate for 2010 was stronger than indicated given Merck's decision to close its 140,000 square feet research facility at 320 Bent Street which would have kept the Cambridge absorption rate for the lab market the same as 2009. Given that the expiration of the Vertex leases are staggered over several years and the continued strong Cambridge lab market absorption, the Board of Assessors does not feel there will be an impact on the tax revenues for the foreseeable future.
Very truly yours, Robert W. Healy, City Manager
12. Transmitting communication from Robert W. Healy, City Manager, relative to information regarding Information Technology (IT), which was requested at the Information Technology Department (ITD) Budget Hearing.
Approved 9-0
May 23, 2011
To the Honorable, the City Council:
Attached is information regarding Information Technology (IT), which was requested at the Information Technology Department (ITD) Budget Hearing. The attachment includes a description of ITD's current strategic planning process (Section A), a listing of completed projects (Section B), planned initiatives for FY12 (Section C) and a breakout of the FY12 ITD Budget (Section D).
The major initiative planned for FY12 is the implementation of the Inspectional Services Permitting System. The City has recently completed a review of systems that will be able to interface with the Cambridge Request System (CRS). Based on current estimates, I am requesting a supplemental appropriation of $350,000, from available building permit revenues, to the Public Investment Fund Finance Department (IT Department) Extraordinary Expenditures Account, to fund the total estimated cost of $450,000 for the Inspectional Services Permitting System. This additional request was anticipated, and evolved out of the ongoing review process of other systems. Now that the review has been completed, we have an identified amount to complete the project.
Also, I am recommending a transfer of $325,000 from unexpended Public Investment balances from various capital projects which have been completed, to the Finance Department (IT Department) Extraordinary Expenditures Account, in order to provide funding for the additional planned IT projects listed below without impacting the property tax levy. These planned projects can now move forward based on approval of this transfer request. This funding strategy was discussed at the budget hearings. The projects listed below will be completed during FY12 with the requested funding.
These projects include the following:
• Mobile Applications - Development of mobile applications, which will allow the public to access City services via a Smartphone. This will allow the transition of the pothole complaint application to a mobile application and allow the public to send in a photo of a problem to be entered into the work order system.
• Citizen Complaint System - Enhancements to the current Cambridge Request System (CRS) to allow the public to enter a complaint directly to the work order system and receive notification of the work order ticket, an estimate of when the problem will be resolved and notification when the problem is resolved. The Complaint System will include access to a website database that shows the ticket and status.
• An Optimized Search Function - Using Google Search, enhance the search function on the City website to return more relevant information.
The transfer of unexpended Public Investment balances will come from capital projects that have been completed, the balances from which are now available for redistribution. The completed capital projects were related to the microfilming of election records ($35,041), cable TV equipment ($72,074), Danehy Park skate board park construction ($128,062) and Clement Morgan Park construction ($89,823).
Next Steps
While the IT Department has employed a planning process (described in Section A below), incorporating input from across City departments and from a range of stakeholders, evaluating suggestions, input and cost considerations as part of its determinations on priorities, moving forward the City will develop a more formal procedure for prioritizing projects through the development of an IT Strategic Plan. A formal IT Strategic Plan will allow the City to continue to address the ever-expanding interest in keeping pace with technology, which will enhance city service delivery and municipal government communication.
As part of this process, I will create a formal "E-Gov Steering Committee," which will be created by the end of the fiscal year, and will be charged with the development of a formal IT strategic plan.
Conclusion
I believe that these recommendations begin to address the concerns that were expressed by the City Council in a logical and realistic timeframe and in a fiscally prudent manner. The IT Department has successfully completed many initiatives listed on the following pages and has provided a plan for additional enhancements, which will be completed with the approval of the recommendations listed above.
Very truly yours, Robert W. Healy, City Manager
13. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-57, regarding the hybrid cab program.
14. Transmitting communication from Robert W. Healy, City Manager, relative to appropriation of a Clean Air & Mobility Grant for $150,000 funded through the Boston Region Metropolitan Planning Organization and the Massachusetts Department of Transportation, to the Grant Fund License Other Ordinary Maintenance account to support the hybrid cab conversion program as well as the appropriation of $30,000 from excess departmental license revenues to the Grant Fund License Other Ordinary Maintenance account to satisfy the required city match for the Grant for a total of $180,000.
15. Transmitting communication from Robert W. Healy, City Manager, relative to dedicated funding for GLBT Commission activities.
Approved 9-0
May 23, 2011
To the Honorable, the City Council:
In response to a City Council request to provide dedicated funding for GLBT Commission activities, please be advised that $2,500 has been dedicated within the Employees' Committee on Diversity Budget for FY12, which is a division within the Executive Budget. This is in addition to support already provided by other City Departments.
16. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-02, regarding a report on tax treatment of health benefits for couples in same sex marriages.
May 23, 2011
To the Honorable, the City Council:
In response to Awaiting Report Item Number 11-02, regarding a report on tax treatment of health benefits for couples in same sex marriages, Personnel Director Michael P. Gardner reports the following:
The City currently provides health and or dental insurance benefits to the spouses of 22 City and School Department employees who are married to a partner of the same sex. Current federal tax law requires the City to calculate the value of this benefit as taxable income to the employee. The City does this on a quarterly basis. Health benefits for opposite sex spouses of employees are not taxable under federal law. This inequity is based solely on the same sex status of the marriage.
Some employers attempt to mitigate the extra tax burden caused by this federal tax policy by making payments to affected employees to compensate them for the extra federal tax. Some employers provide a standard flat payment. Others attempt to tailor the payments to the individual circumstances of the employee.
In order to mitigate this inequity for City employees, it is recommended that, on a quarterly basis, employees receive a stipend valued at 20% of the reported taxable income imputed to the employee, for both health and dental fund benefits. The twenty percent figure is recommended as the best estimate of the marginal tax rate for more persons who would be eligible for this benefit. The City could begin this program for non-union and management employees beginning in July 2011. For unionized employees the City could attempt to introduce the benefits as new contracts are negotiated upon expiration of existing contracts. For the City, the employees are mostly non-union.
At current rates the estimated cost to the City with full implementation is approximately $12,000 per year. For the School Department the cost with full implementation is estimated to be closer to $21,000 per year. The majority of affected School Department employees are unionized.
Should federal tax law change in the future, ending the unequal treatment of spousal benefits, it is recommended that this subsidy program end as well, so long as both same and opposite sex couples are treated equally.
Funds for the implementation of this program are included in the FY2012 budget.
Very truly yours, Robert W. Healy, City Manager
CHARTER RIGHT
1. That the City Manager is requested to direct the appropriate department heads to look into the feasibility of developing a website similar to the District of Columbia wherein residents can look up important tree information. [Charter Right exercised by Councillor Kelley on Order Number Four of May 16, 2011.]
2. That the City Manager is requested to ask the City's private law firm to waive any statute of limitations defense regarding potential liability to Cambridge for its actions and advice in the Monteiro case. [Charter Right exercised by Vice Mayor Davis on Order Number Fourteen of May 16, 2011.]
Order Failed on a voice vote of five. Councillor Kelley may have been the only YES vote.
ON THE TABLE
3. That the City Manager is requested to restore funding for School Department clerical positions until a proper and negotiated process can be achieved with the Cambridge School Department and Unions representing the employees, and to report back to the City Council on the progress. [Order Number Fourteen of Apr 26, 2010 Placed on Table. Councillor Kelley made motions to take from table on May 10, 2010 failed 2-7-0, Sept 13, 2010 failed 4-4-1, Sept 27, 2010 failed 3-5-1, Dec 13, 2010 failed 3-6-0. Remains on Table.]
4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-32, regarding a report on issues with the development of the former St. John's property site. [Charter Right exercised on City Manager Agenda Item Number Eighteen of May 24, 2010. Placed on Table June 7, 2010.]
5. An application was received from Tony LaVita, requesting permission for a curb cut at the premises numbered 68 Middlesex Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No response has been received from the neighborhood association. [Applications and Petitions Number Ten of June 7, 2010 Placed on Table.]
6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-189, regarding a report on the legitimacy of the tax exempt claim of Education First. [Charter Right exercised on City Manager Agenda Item Number Nineteen of Jan 24, 2011. Placed on Table Jan 31, 2011.]
7. That the City Manager is requested to have the Community Development Department convene a meeting with neighbors in the vicinity of Grove Street and Blanchard Road, the Fresh Pond Master Plan Committee and other relevant parties to review the zoning along the golf course and the Fresh Pond Reservation in that area. [Charter Right exercised on Order Number Five of Jan 24, 2011. Placed on Table Jan 31, 2011.]
8. That the City Manager is requested to report back to the City Council with a complete and comprehensive list of all concessions made to the City and broader Cambridge community by developers and the universities in exchange for zoning relief, special permits, or Council approval. [Charter Right exercised by Councillor Reeves on Order Number Eleven of Apr 25, 2011. Tabled on Motion of Councillor Cheung on May 2, 2011.]
9. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel and Councillor Timothy J. Toomey, Co-Chairs of the Government Operations and Rules Committee for a public meeting held on Apr 14, 2011 to discuss moving to a paperless City Council Agenda, connecting City Council goals and City Department staff and City Council Committees to foster efficient and collaborative results and a proposal to amend the Municipal Code to require posting of the City Manager's contract 96 hours before it is to be voted on by the City Council. [Report Accepted and Placed On File Order Adopted to amend Rule #26. See Order #11 of May 2, 2011. Placed on the Table on May 2, 2011.]
UNFINISHED BUSINESS
10. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the appropriation and authorization to borrow $1,300,000 to provide funds for improvements to Alberico, David Nunes and Fulmore Parks and the establishment of a community garden at Riverside Press Park. The question comes on adoption on or after May 16, 2011.
Approved 9-0
11. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the appropriation and authorization to borrow $33,754,300 to continue sewer projects in the Harvard Square, Agassiz, Western Avenue and Alewife Watershed areas of the City. The question comes on adoption on or after May 16, 2011.
Approved 9-0
12. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the appropriation and authorization to borrow $2,000,000 to provide funds for improvements to several City facilities including the East Cambridge and Inman Square Fire Stations and the Ryan Garage / Simard Building at Public Works. The question comes on adoption on or after May 16, 2011.
Approved 9-0
13. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the appropriation and authorization to borrow $2,000,000 to provide funds for the reconstruction of several streets included in the Complete Streets Initiative as shown in the five year street and sidewalk program. The question comes on adoption on or after May 16, 2011.
Approved 9-0
14. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public meeting held on Mar 2, 2011 to consider a zoning petition originally filed by Chestnut Hill Realty and re-filed by the City Council to create a new section that would allow for the construction of rental units in the basement levels of existing multifamily buildings in Residence C Districts within 1200 feet of Massachusetts Avenue, Cambridge Street or the Red Line through a special permit process. The question comes on passing to be ordained on or after May 16, 2011. Planning Board hearing held Mar 29, 2011. Petition expires May 31, 2011.
No action taken, petition will expire
15. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the appropriation and authorization to borrow $2,000,000 to provide funds for the second phase of the reconstruction of the Harvard Square Tunnel (Cambridge Street Underpass). [Charter Right exercised by Councillor Decker on City Manager Agenda Number Eight of May 2, 2011.] The question comes on adoption on or after May 23, 2011.
Approved 9-0
16. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the appropriation and authorization to borrow $300,000 to provide funds to facilitate coordination among the various consultants working on the design and planning projects for Kendall Square and perform interim repairs in the area. [Charter Right exercised by Councillor Toomey on City Manager Agenda Number Nine of May 2, 2011.] The question comes on adoption on or after May 23, 2011.
Approved 9-0
17. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the appropriation and authorization to borrow $3,000,000 to provide funds for the architectural design and construction of an elementary school to be either rebuilt or renovated as part of the multi-year Elementary School Rebuilding Program. [Charter Right exercised by Councillor Simmons on City Manager Agenda Number Twelve of May 2, 2011.] The question comes on adoption on or after May 23, 2011.
Approved 9-0
APPLICATIONS AND PETITIONS
1. An application was received from HSA Corporation, requesting permission for a sandwich board sign in front of premises numbered 30 JFK Street.
2. An application was received from Evoo Za, requesting permission for a sandwich board sign in front of premises numbered 350 Third Street.
3. An application was received from Taste of Cambridge, requesting permission for a temporary banner across Massachusetts Avenue at City Hall announcing its celebration on June 23, 2011.
4. An application was received from India Pavilion, requesting permission for five awnings at the premises numbered 17 Central Square. Approval has been received from Inspectional Services, Department of Public Works, Community Development and abutters.
RESOLUTIONS
1. Happy Anniversary wishes to Councillor Craig Kelley and his wife Hope Kelley. Councillor Reeves
2. Resolution on the death of Louis Silva. Councillor Toomey
3. Congratulations to Father Roland on the 50th anniversary of his ordination. Councillor Toomey, Mayor Maher
4. Retirement of Francis Savard from the Cambridge Hospital. Mayor Maher
5. Retirement of Silvana Cornelio from the Cambridge Hospital. Mayor Maher
6. Resolution on the death of Frank Tuccinardi. Mayor Maher
7. Retirement of Edward Brady from the Police Department. Mayor Maher
8. Retirement of Robert Dudley from the Water Department. Mayor Maher
9. Congratulations to Dr. David Osler, Dr. Hilary Worthen and Dr. Erika Fellinger on receiving The Art of Healing Award from the Alliance Foundation for Community Health. Vice Mayor Davis
10. Congratulations to the Margaret Fuller House on receiving a $5,000.00 grant from the Cambridge Savings Bank. Mayor Maher
11. Congratulations to Holly Aldrich, Chris Low, Eva Moseley, Carolyn Turk, Sion Chamber and Ms. Caitlin O'Donnell and the students of the First Grade Classroom 108 of the Fletcher Maynard Academy for winning the Peace and Justice Awards. Mayor Maher, Councillor Simmons
12. Condolences to Joe Dolan on the death of his father. Mayor Maher
13. Congratulations to the North Cambridge Senior Center on their 25 years of service to the seniors of North Cambridge. Councillor Simmons, Councillor Decker
14. Congratulations to Dr. Marian Darlington Hope on being the Keynote Speaker at the Cambridge Peace and Justice Awards on June 12, 2011 at the YWCA. Councillor Simmons
15. Resolution on the death of Martina M. Lavoie. Mayor Maher
16. Resolution on the death of Gerald W. White. Mayor Maher
17. Congratulations to Emma Faulkner Child on receiving her Doctor of Physical Therapy degree. Vice Mayor Davis
18. Congratulations to Jason and Kjersti Rosen on receiving a Cambridge Preservation Recognition Program award for their repair and renovations at 41 Magnolia Avenue. Councillor Decker
19. Congratulations to Larry and Anna Nathanson on receiving a Cambridge Preservation Recognition Program award for their overall exterior renovations at 3 Gray Gardens East. Councillor Decker
20. Congratulations to Florence E. Thompson on receiving a Cambridge Preservation Recognition Program award for the porch restoration at 14 Leonard Avenue. Councillor Decker
21. Congratulations to MIT on receiving a Cambridge Preservation Recognition Program award for their restoration of the former Arthur D. Little headquarters at 30 Memorial Drive and their demonstration of restoration techniques for the 1915 windows of its Main Group. Councillor Decker
22. Congratulations to Martin Hill and Lauren Harder on receiving a Cambridge Preservation Recognition Program award for the overall exterior renovations at 298 Harvard Street. Councillor Decker
23. Congratulations to Elizabeth and Philip Loughlin on receiving a Cambridge Preservation Recognition Program award for the overall exterior renovations at 157 Brattle Street. Councillor Decker
24. Congratulations to Ryan Guthrie for receiving the Cambridge Preservation Recognition Program Anthony C. Platt Award for restoration of an 1891 Queen Anne-style house in the Half Crown-Marsh Neighborhood Conservation District. Councillor Decker
25. Congratulations to Homeowner's Rehab on receiving a Cambridge Preservation Recognition Program award for the renovation and conversion to affordable housing at 95-97 Pine Street. Councillor Decker
26. Welcome Verastem, Inc. to the City of Cambridge. Councillor Cheung
27. Congratulations to Cambridge-based Heading Home for their successful fundraiser on May 5, 2011. Mayor Maher
28. Congratulations and thanks to Abuchi Agu, Michael McKeown, Pasang Lhamo, Sofie Karasek, Robel Phillipos and Cheyenne Jones for their involvement and membership to the Kids' Council Youth Involvement Subcommittee. Mayor Maher
29. Congratulations to Carl Barron on receiving a Cambridge Preservation Recognition Program Certificate of Merit for storefront improvements to 552-560 Massachusetts Avenue. Councillor Decker
30. Congratulations to Robert Schlager on receiving a Cambridge Preservation Recognition Program award for [interpretive] signage created for Cambridge Discovery Park. Councillor Decker
31. Congratulations to Michael Simon and Mohan Singh on receiving a Cambridge Preservation Recognition Program Certificate of Merit for storefront improvements at 17-21 Central Square. Councillor Decker
32. Congratulations to JDS Development LLC on receiving a Cambridge Preservation Recognition Program award for overall exterior renovations at 135 and 137 Fifth Street. Councillor Decker
33. Congratulations to Heidi Feinstein on receiving a Cambridge Preservation Recognition Program Certificate of Merit for storefront improvements at 765 Massachusetts Avenue. Councillor Decker
34. Congratulations to Jamme Chantler on receiving a Cambridge Preservation Recognition Program Certificate of Merit for storefront improvements at 524 Massachusetts Avenue. Councillor Decker
35. Congratulations to MIT on receiving a Cambridge Preservation Recognition Program Certificate of Merit for their building 2 window pilot study. Councillor Decker
36. Congratulations to Terry Delancey on receiving a Cambridge Preservation Recognition Program Certificate of Merit for signage at 20 Sacramento Street. Councillor Decker
37. Congratulations to Robert Schlager on receiving a Cambridge Preservation Recognition Program Certificate of Merit for interpretive signage at Cambridge Discovery Park. Councillor Decker [Note: This is a duplicate of Resolution #30 - should be withdrawn]
38. Congratulations to Jose Mateo on receiving a Cambridge Preservation Recognition Program Certificate of Merit for accessibility improvements to 400 Harvard Street. Councillor Decker
39. Retirement of Mary Ann Cusack from the School Department. Councillor Toomey
40. Retirement of Sharon A. Hester from the Cambridge School Department. Councillor Toomey
41. Retirement of Helen Fitts from the Cambridge School Department. Councillor Toomey
42. Welcome wishes to the Walt Disney Company on their new office in East Cambridge. Councillor Toomey
43. Congratulations to Father Farrell on the occasion of his first Mass at St. Mary's Church. Councillor Toomey
44. Congratulating Cambridge Rindge and Latin student Kevin Xiong for having his artwork honored by the Crayola company and for having his piece displayed at the U.S. Department of Education. Mayor Maher
45. Congratulating Councillor Cheung and his fiance Yin Zhou on their upcoming nuptials. Mayor Maher
46. Resolution on the death of Martin I. Small. Mayor Maher
47. Resolution on the death of Amorette Berry. Mayor Maher
48. Wishing John Joseph Brady a Happy 65th Birthday. Councillor Toomey
ORDERS
1. That the City Manager is requested confer with the appropriate staff on the possibility of emulating the San Francisco Yellow Page ban in Cambridge and to report back to the City Council. Councillor Toomey
2. That the City Council meeting scheduled for Mon, June 13, 2011, be changed to a Roundtable discussion with the Planning Board. Mayor Maher
3. That the City Manager is requested to direct the appropriate department heads to look into the feasibility of allowing a ONE hour off-leash window at Longfellow Park, as a means to regulate what is already happening and report back to the City Council. Councillor Cheung
Councillor Reeves voted NO
4. That the City Manager is requested to direct the appropriate department heads to ensure that Cambridge participates in Global Entrepreneurship Week 2011. Councillor Cheung
5. That the Cambridge City Council go on record in support of Jobs with Justice, the Cambridge El-Salvador Sister City Committee and the Salvadoran community in their efforts to persuade TIFF to separate from Pacific Rim and shares their opposition to local shareholders investing their money in a corporation whose practice has led to violations of environmental and human rights. Councillor Decker
Charter Right - Decker
6. That the City Manager is requested to confer with the Postmaster and report back to the City Council on the future plans for the East Cambridge Post Office. Councillor Toomey
7. That the Mayor is requested to ask members of the Cambridge Climate Emergency Action Group to report back to the City Council by the end of June 2011 on the activities and findings of Climate Change Week along with any recommendations for future City efforts. Councillor Seidel
8. That the City Manager is requested to ask the Community Development Department to install bicycle racks at One Broadway. Councillor Seidel
9. That the City Manager is requested to direct Public Works, the Pole and Conduit Commission and the Electrical Department to work with the utility companies to remove the unsightly older poles safely and efficiently and report back to the City Council. Councillor Cheung
10. That the City Manager is requested to confer with the Assistant City Manager for Community Development to actively identify any possible barriers that would hinder Biogen Idec Inc. from relocating its headquarters back to Cambridge. Mayor Maher and Councillor Simmons
COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Marjorie C. Decker, Chair of the Finance Committee, for public hearings held on May 4, 2011, May 11, 2011 and May 12, 2011 relative to the General Fund Budget for the City of Cambridge for Fiscal Year 2012 and recommending adoption of the budget in the amount of $439,008,170.
Councillor Kelley moved to delete the line item in the Law Dept. from which litigation in the Monteiro case is funded. This motion failed on a 2-5-2 vote with Councillors Kelley and Seidel voting YES; Councillors Cheung, Davis, Decker, Maher and Toomey voting NO; Councillor Reeves voting to ABSTAIN; and Councillor Simmons voting PRESENT. The General Fund Budget was then adopted on a 9-0 vote.
2. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Marjorie C. Decker, Chair of the Finance Committee, for a public hearing held on May 11, 2011 relative to the Water Fund Budget for the City of Cambridge for Fiscal Year 2012 and recommending adoption of the budget in the amount of $14,902,620.
Approved 9-0
3. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Marjorie C. Decker, Chair of the Finance Committee, for a public hearing held on May 11, 2011 relative to the Public Investment Fund for the City of Cambridge for Fiscal Year 2012 and recommending adoption of the budget in the amount of $11,613,225.
Approved 9-0
4. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public hearing on Apr 6, 2011 and a follow-up public meeting on May 17, 2011 to consider a petition to amend the Cambridge Zoning Ordinance filed by Novartis Institute for BioMedical Research, joined by M.I.T. as land owner, to allow for the creation of a new Special District 15 along a portion of Massachusetts Avenue between Albany Street and Windsor Street opposite the location of the Novartis main campus at the former Necco Building.
Passed to 2nd Reading
HEARING SCHEDULE
Mon, May 23
5:30pm City Council Meeting (Sullivan Chamber)
Tues, May 24
9:30am The Housing Committee will conduct a public meeting to receive information about the number of SRO units in Cambridge, the number of affordable single room/studio units and any other affordable housing suitable for seniors and others in need of SRO housing. (Ackermann Room)
6:00pm Special Meeting of the School Committee to discuss the evaluation of the Superintendent of Schools. (Sullivan Chamber)
Wed, May 25
4:30pm The Ordinance Committee will conduct a public meeting to continue discussion on a zoning petition by the City Council to amend the Zoning Ordinance in Section 5.28.2-Conversion of Nonresidential Structures to Residential Use and Section 4.29 clarifying the allowances of additional uses as permissible under Section 5.28.2. (Sullivan Chamber)
Thurs, May 26
5:00pm The Claims Committee will conduct a public meeting to consider claims filed against the city. (Anastos Room)
Mon, June 6
5:30pm City Council Meeting (Sullivan Chamber)
Tues, June 7
6:00pm School Committee Meeting (Sullivan Chamber)
Mon, June 13
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 20
5:30pm City Council Meeting (Sullivan Chamber)
Wed, June 22
6:30pm The Civic Unity Committee will conduct a public meeting with the Civic Unity Advisory Committee to receive and discuss information from the Police Commissioner regarding CPD training relative to recommendations from the Cambridge Review Committee. (Ackermann Room)
Mon, June 27
5:30pm City Council Meeting (Sullivan Chamber)
Tues, June 28
3:00pm The Economic Development, Training and Employment Committee will conduct a public meeting to discuss creating the city's economic development goals. (Sullivan Chamber)
Mon, Aug 1
5:30pm Special City Council Meeting (Sullivan Chamber)
Mon, Sept 12
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Sept 19
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Sept 26
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Oct 3
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Oct 17
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Oct 24
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Oct 31
5:30pm City Council Meeting (Sullivan Chamber)
TEXT OF ORDERS
O-1 May 23, 2011
COUNCILLOR TOOMEY
WHEREAS: It has come to the attention of the City Council that the City of San Francisco has or is about to ban the delivery of the Yellow Pages to homes where they have not been requested; and
WHEREAS: The Cambridge City Council has made many requests for allowing residents to opt out of the Yellow Pages; and
WHEREAS: The model in San Francisco seems to have found a means to make the banning a reality over a three year period; now therefore be it
ORDERED: That the City Manager be and hereby is requested confer with the appropriate staff on the possibility of emulating the San Francisco Yellow Page ban in Cambridge and to report back to the City Council.
O-2 May 23, 2011
MAYOR MAHER
ORDERED: That the City Council meeting scheduled for Mon, June 13, 2011, be changed to a Roundtable discussion with the Planning Board.
O-3 May 23, 2011
COUNCILLOR CHEUNG
WHEREAS: Residents in the Harvard Square area have expressed interest in allowing off-leash play for dogs from 4:30-5:30pm at Longfellow Park; and
WHEREAS: The closest off-leash park is in Danehy Park which is a car drive away for residents living near Longfellow; and
WHEREAS: Many residents already allow for their dogs to exercise unleashed, without any reported accidents or incidents although admittedly this action is currently against the law; and
WHEREAS: Most dog owners who use Longfellow Park are respectful to other users, leashing dogs when children are around, picking up after their pets, and reporting any disturbances that might occur; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the appropriate department heads to look into the feasibility of allowing a ONE hour off-leash window at Longfellow Park, as a means to regulate what is already happening and report back to the City Council.
O-4 May 23, 2011
COUNCILLOR CHEUNG
WHEREAS: It has come to the attention of the Cambridge City Council that Global Entrepreneurship Week 2011 will be held Nov 14-20, spurring new ideas, ingenuity and firm creation through local, national and global activities; and
WHEREAS: Thousands of activities in more than 100 countries will teach the power of entrepreneurship by showcasing creativity and innovative thinking; and
WHEREAS: An initiative of the Ewing Marion Kauffman Foundation, Global Entrepreneurship Week will connect people through activities designed to help them explore their potential as self-starters. Students, educators, entrepreneurs, business leaders, employees, non-profit leaders, government officials and others will participate in wide-ranging activities that include virtual and face-to-face events, large-scale competitions and intimate networking events; and
WHEREAS: Global Entrepreneurship Week has grown into a worldwide movement that educates millions about entrepreneurship and the personal and professional fulfillment of starting your own enterprise. Global Entrepreneurship Week promotes innovation, creativity, job creation and economic growth; and
WHEREAS: In the U.S. last year, 1,313 partners hosted 3,286 activities with 445,896 participants. This November, all 50 states are expected to be represented again as plans for local activities continue to unfold in colleges, high schools, government agencies, entrepreneurial support organizations and communities everywhere; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the appropriate department heads to ensure that Cambridge participates in Global Entrepreneurship Week 2011 and report back to the City Council.
O-5 May 23, 2011
COUNCILLOR DECKER
WHEREAS: Cambridge has had a 25 year long sister city relationship with San Jose Las Flores in El Salvador since its repopulation in June of 1986; and
WHEREAS: Cambridge has continued its sistering in these years through organizing delegations of teachers, students, health promoters, city officials, clergy; offering technical and material support; sponsoring resolutions to address relevant political concerns, with the participation of the Cambridge Salvadoran community and has received the inspiration and modeling of the people of San Jose Las Flores including education and materials which have made their way into Cambridge classrooms and are the origin of Cambridge curricula about Central America and peacemaking; and
WHEREAS: In the 25 years of its existence as an organized, conscious community, San Jose Las Flores has achieved many successes including collective access to ownership of land and houses of the community, the creation of a series of cooperatives (cattle, weaving, sewing, dairy, baking. tourism, agriculture), a fully operative health clinic which provides prevention and interventive care to every member of the community and the surrounding areas, an educational system K-12 with fully accredited teachers, a thriving church community with a convent and lay leadership and the continued commitment to a consciousness of communal wellbeing for all peoples; and
WHEREAS: One of the great threats to San José las Flores has been the attempt by U.S. and Canadian mining companies to explore for gold in El Salvador, a practice which has wreaked environmental and human disaster in neighboring countries; and
WHEREAS: In 2005, Pacific Rim Mining Corporation was granted an exploratory permit for a potential gold mining project and began drilling in the department of Cabañas, El Salvador, however, due to pressure from a successful campaign of local environmental and community activists, the Salvadoran government decided not to grant the company a permit to mine in El Salvador; and
WHEREAS: The Pacific Rim Mining Corporation is now suing the country of El Salvador for $177 million under the Central America Free Trade Agreement (CAFTA), "profit infringement" due to the fact that they were denied a permit to build a mine; and
WHEREAS: A gold mine would have devastating effects on the department of Cabañas, such as harming the local agriculture business and contaminating the community's main water supply with high levels of cyanide, making it both undrinkable for the people and unfit for farming; and
WHEREAS: Three prominent anti-mining activists have been murdered since Pacific Rim Mining Corporation entered El Salvador: Ramiro Rivera, who was gunned down in Cabañas, Marcelo Rivera, whose body was found with clear signs of torture, and Dora Recinos Sorto, who was shot and killed, along with her unborn child; and
WHEREAS: The Pacific Rim Mining Corporation has multiple shareholders from the United States, including three in Boston, which are Credit Suisse, Colombia Management Group, and The Investment Fund for Foundations (TIFF); and
WHEREAS: TIFF, which is located in Cambridge and is a fund which serves non-profits, has been approached by Jobs With Justice to divest from Pacific Rim and so far has refused to do so; and
WHEREAS: Members of the Sister City Project, Centro Presente and the Salvadoran community intend to visit the offices again to press for their divestment; now therefore be it
RESOLVED: That the Cambridge City Council expresses its gravest concern with the practices of Pacific Rim and the lawsuit that the Pacific Rim Mining Corporation has waged against the people of El Salvador; and be it further
RESOLVED: That the Cambridge City Council go on record in support of Jobs with Justice, the Cambridge El-Salvador Sister City Committee and the Salvadoran community in their efforts to persuade TIFF to separate from Pacific Rim and shares their opposition to local shareholders investing their money in a corporation whose practice has led to violations of environmental and human rights; and be it further
RESOLVED: That the City Clerk be and hereby is requested to notify TIFF about their concern and their support for the efforts of community and Cambridge sister cities to achieve an outcome which respects human rights.
O-6 May 23, 2011
COUNCILLOR TOOMEY
WHEREAS: Renovations at the East Cambridge Post Office have caused some confusion over the future of the East Cambridge Post Office branch; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Postmaster and report back to the City Council on the future plans for the East Cambridge Post Office.
O-7 May 23, 2011
COUNCILLOR SEIDEL
WHEREAS: The City of Cambridge is committed to being a leader on environmental issues; and
WHEREAS: This commitment has been demonstrated through a variety of activities and initiatives, one of which being the Climate Congress sessions held from Dec 2009-Mar 2010; and
WHEREAS: A group of concerned Climate Congress delegates formed the Cambridge Climate Emergency Action Group (CCEAG) to carry on the work of the Climate Congress; and
WHEREAS: The CCEAG most recently organized and sponsored "Climate Change Week," whose events were held May 13-21, 2011 in venues across the City; and
WHEREAS: Climate Change Week included activities focusing on issues of sustainability, energy efficiency, urban gardening, effects of climate change, transportation, green consumption as well as a film festival and concert; now therefore be it
ORDERED: That the Mayor be and hereby is requested to ask members of the Cambridge Climate Emergency Action Group to report back to the City Council by the end of June 2011 on the activities and findings of Climate Change Week along with any recommendations for future City efforts.
O-8 May 23, 2011
COUNCILLOR SEIDEL
WHEREAS: One Broadway houses the Cambridge Innovation Center (CIC); and
WHEREAS: People who work at CIC often commute by bicycle; and
WHEREAS: The CIC has also sponsored a bike share program; and
WHEREAS: It would be innovative to help support people who commute by bicycle; now therefore be it
ORDERED: That the City Manager be and hereby is requested to ask the Community Development Department to install bicycle racks at One Broadway.
O-9 May 23, 2011
COUNCILLOR CHEUNG
WHEREAS: NSTAR and Verizon share responsibility for managing poles throughout the city. Typically, NSTAR electric own the wires that are at the top of the pole, Verizon own the second highest wire and Comcast & fire alarm own the lowest hanging wires on these poles; and
WHEREAS: Poles are typically replaced when the poles themselves begin to rot, or when the various lines need to be elevated or relocated as to avoid tree conflicts. The process associated with replacement is to place the new pole immediately adjacent to the older one, and have the various utilities switch from one pole to the other starting with NSTAR Electric, then moving down the pole to Verizon and finally Comcast and fire alarm; and
WHEREAS: Constituents are concerned about this process, given the additional space occupied by the second pole on the street, the unsightly appearance of the additional pole and the extent of time it typically takes for the utilities to complete this work. In some cases this process can take upwards of two years; and
WHEREAS: There is no reason why the before mentioned process should take longer than a year. The utility companies need to coordinator and stream line their efforts; now therefore be it
ORDERED: That the City Manager be and is hereby requested to direct the appropriate department heads to work with the utility companies to ensure that all pole wire transfers are completed in a quick and efficient manner; and be it further
ORDERED: That the City Manager be and hereby is requested to direct Public Works, the Pole and Conduit Commission and the Electrical Department to work with the utility companies to remove the unsightly older poles safely and efficiently and report back to the City Council.
O-10 May 23, 2011
MAYOR MAHER
COUNCILLOR SIMMONS
WHEREAS: The previous Chief Executive of Biogen Idec Inc. moved the company's headquarters and more than 500 jobs from Cambridge to Weston less than a year ago
WHEREAS: The current Chief Executive of Biogen Idec Inc. is actively investigating the possible relocation of their headquarters back to Kendall Square; and
WHEREAS: Biogen Idec has been a good community partner and is currently ranked as the Cambridge's 8th largest employer; and
WHEREAS: Cambridge is committed to supporting businesses in our community; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to actively identify any possible barriers that would hinder Biogen Idec Inc. from relocating its headquarters back to Cambridge; and be it further
ORDERED: That the City take the necessary action to alleviate the potential barriers that may currently exist for the relocation of the Biogen Idec Inc. headquarters to Kendall Square.
TEXT OF COMMITTEE REPORTS
Committee Report #1
THE FINANCE COMMITTEE, comprised of the entire membership of the City Council, to which was referred the GENERAL FUND BUDGET for the City of Cambridge for Fiscal Year 2012 in the amount of $439,008,170 held public hearings on this matter on May 4, 2011 and May 11, 2011 commencing at 9:00am and on May 12, 2011 commencing at 6:00pm in the Sullivan Chamber.
THE FINANCE COMMITTEE has referred the GENERAL FUND BUDGET for the City of Cambridge for Fiscal Year 2012 in the sum $439,008,170 to the full City Council with a favorable recommendation.
For the Committee,
Councillor Marjorie C. Decker, Chair
Committee Report #2
THE FINANCE COMMITTEE, comprised of the entire membership of the City Council, to which was referred the WATER FUND for the City of Cambridge for Fiscal Year 2012 in the amount of $14,902,620 held a public hearing on this matter on May 11, 2012 commencing at 9:00am in the Sullivan Chamber.
THE FINANCE COMMITTEE has referred the WATER FUND for the City of Cambridge for Fiscal Year 2012 to the full City Council for the adoption of the enclosed order in the total amount of $14,902,620.
For the Committee,
Councillor Marjorie C. Decker, Chair
Committee Report #3
THE FINANCE COMMITTEE, comprised of the entire membership of the City Council, to which was referred the PUBLIC INVESTMENT FUND for the City of Cambridge for Fiscal Year 2012 in the amount of $11,613,225 held a public hearing on this matter on May 11, 2012 commencing at 9:00am in the Sullivan Chamber.
THE FINANCE COMMITTEE has referred the PUBLIC INVESTMENT FUND for the City of Cambridge for Fiscal Year 2012 to the full City Council for the adoption of the enclosed order in the total amount of $11,613,225.
For the Committee,
Councillor Marjorie C. Decker, Chair
Committee Report #4
The Ordinance Committee held a public hearing on Apr 6, 2011 beginning at 5:08pm in the Sullivan Chamber and a follow-up public meeting on May 17, 2011, beginning at 4:14pm to consider a petition to amend the Cambridge Zoning Ordinance filed by Novartis Institute for BioMedical Research, joined by M.I.T. as land owner, to allow for the creation of a new Special District 15 along a portion of Massachusetts Avenue between Albany Street and Windsor Street opposite the location of the Novartis main campus at the former Necco Building (Attachment A).
Present at the Apr 6th hearing were Councillor Sam Seidel, Chair of the Committee; Mayor David P. Maher; Vice Mayor Henrietta Davis; Councillor E. Denise Simmons; and City Clerk D. Margaret Drury. Present from the city administrative staff were Brian Murphy, Assistant City Manager for Community Development; Susan Glazer, Deputy Director of the Community Development Department (CDD); Stuart Dash, Director of Community and Neighborhood Planning, CDD; Iram Farooq and Jeffrey Roberts, CDD. Novartis was represented by Jeffrey Lockwood, Vice President of Novartis; Robert Wiggins, Project Coordinator, Novartis; Tom Sieniewicz, Cambridge, architect; and James Rafferty, Adams and Rafferty, Cambridge, attorney representing Novartis.
Present at the May 17, 2011 public meeting were Councillor Sam Seidel; Mayor David P. Maher; Councillor Leland Cheung; and Councillor Kenneth E. Reeves. Present from the city administrative staff were Brian Murphy, Assistant City Manager for Community Development; Stuart Dash, Director of Community and Neighborhood Planning, CDD; Iram Farooq and Jeffrey Roberts, CDD. Novartis was represented by Jeffrey Lockwood, Novartis; and Attorney James Rafferty.
Mr. Rafferty provided an overview of the proposal. The petition provides for a map change for the portion of the Industry B district along the centerline of Massachusetts Avenue for 326.30 feet in an easterly direction from the intersection of Windsor Street to the intersection Street, then proceeding in a southeasterly direction along the centerline of Albany Street for 144.92 feet to the intersection of Osborne Street, then proceeding in a westerly direction along the centerline of State Street for 390.07 feet to the intersection of Windsor Street, and then proceeding along Windsor Street in a Westerly direction for 423.26 feet to the intersection of Massachusetts Avenue, to create a new Special District 15. All of the requirements and regulations applicable to the Industrial B base zone would apply to the special district except that maximum FAR for any lot would be 3.5 and the maximum permitted height could be increased to 140 feet by special permit from the Planning Board.
Mr. Lockwood stated that Novartis has been looking for some time to create a research campus. In 2002 Novartis, a Swiss institute decided to come to Cambridge to set up their world headquarters. This was part of a strategic decision to re-invent their approach to life science. At that time it was very new to locate in a city instead of out in a suburb. A suburban location works very well for marketing, sales and manufacturing, but not very well for drug discovery. Drug discovery requires a team of people working together collaboratively to create a new medicine. The process is 1/3 art, 1/3 science and 1/3 serendipity. It takes collaboration with other entities as well.
Mr. Lockwood stated that what they have found in Cambridge has exceeded their expectations. Novartis in Cambridge now consists of more than 2,000 employees and more than one million square feet of office space. Sixty four percent of their workforce uses not single occupancy motor vehicles but rather alternative modes of transportation. The Novartis workforce really likes being a part of the Cambridge community. Novartis is piloting in Switzerland and wants to bring to Cambridge a radically new approach to laboratories, which utilizes a wide open floor plan rather than separate labs and cubicles.
Mr. Sieniewicz described the architectural and design concepts for the new project. Novartis has chosen world famous architect/designer Maya Lin for the project. The initial plans include keeping the 30,000 square foot "castle" building as is; that building is not suitable for research. There will be an open space with another 30,000 square feet built below the open space. The open space will be publicly accessible and will have openings to the street and pedestrian cut-through routes. The height would step down to 85 feet at Mass Ave.
No public testimony was offered at the public hearing on Apr 6, 2011. Charles Marquardt, 10 Rogers Street, submitted a letter in support of the zoning amendment for the record (Attachment B).
Councillor Seidel invited comments and questions from committee members.
Vice Mayor Davis expressed pleasure at Novartis's desire to grow in Cambridge and desire for that growth to be a part of the design planning for the area that Goody Clancy consultants will be leading and coordinating. She is expecting a vision, not a project-by-project approach to that area. She also needs to know more about the open space. To her it looks like it is hidden - a great area for Novartis but not very available to the city. Vice Mayor Davis also expressed her desire to see the accurate depictions of the scale and height of the mechanicals in the drawings. Just because they are not in the FAR does not mean that they are invisible. Mr. Murphy noted that in addition to the zoning amendment process the Planning Board will conduct extensive design review.
Councillor Simmons emphasized the important of successful ground floor retail and connections to the neighborhoods, in particular the Area 4 neighborhood. She does not want to see another University Park open space that relates only to the office buildings and feels unwelcoming to the neighboring residents. She is concerned about the overall amount of development that is going on in and around Area 4 and would like to see a development timeline.
Councillor Seidel said that he is delighted that Novartis wants to stay and expand in Cambridge. He too has concerns about the open space as currently shown. He cannot think of an open space as enclosed as that shown that really works as public open space. It always feels like it belongs to the people who surround the space. He also noted some questions about the right height limit for buildings along Mass Avenue.
On motion of Vice Mayor Davis the petition remained in committee and the Apr 6th hearing was adjourned at 7:50pm.
The May 17th hearing focused on the Planning Board Report (Attachment C), which was received by the City Council and forwarded to the Ordinance Committee at the May 16, 2011 City Council meeting. In the report the Planning Board suggested some changes to the proposed amendment and recommended ordination of the proposed amendment with the suggested changes.
Mr. Murphy and Ms. Farooq described the changes, which are summarized as follows in the Planning Board Recommendation: "The suggested additions to the zoning language are intended to address a few of the Planning Board's specific concerns, and have been made in consultation with the Petitioner, Community Development Department staff, and the City's planning consultants for the Kendall Square / Central Square Study. The first suggested addition is a statement of purpose to explain the intent of creating the new Special District.
Secondly, criteria have been included to provide guidance to the Planning Board in approving building heights greater than 120 feet. They specify that heights up to 140 feet will only occur over less than one third of the site, heights will be reduced along Mass Ave to be consistent with allowed heights on nearby sections of the avenue, and additional height will be complemented by open space, landscaping, and pathways at the ground level.
Thirdly, in order to control the potential traffic impacts of additional floor area, a maximum off-street parking ratio of 0.9 spaces per 1,000 Gross Square Feet is proposed for non-residential uses. By allowing the Planning Board to approve a lesser amount of off-street parking through the special permit review process, after considering Traffic Impact Studies and other required materials, a developer has the opportunity to further reduce the provided parking and demonstrate an even greater commitment to non-auto modes of transportation.
Finally, a set of design guidelines are suggested to provide additional direction to the Planning Board when hearing a Project Review Special Permit Application for the new district. These guidelines address issues specific to the site and to the City's goals for the area, and would be considered in addition to the Citywide Urban Design Objectives that are considered in all Project Review Special Permit cases." These guidelines include underground parking, open space that benefits the general public as well as building users, active uses on the ground floor with a particular emphasis on retail along Mass Avenue, site massing that includes a variety of heights.
Mr. Murphy noted that the Planning Board also discussed the need to ensure that the project design does not impede the ability to go forward with the urban ring project at some future date when the State's economic situation improves.
The following public testimony was offered.
Mark Jaquith, 213 Hurley Street, posed the question of why the petitioners did not just apply for a special permit rather than a zoning amendment, in light of the small size of the area to be developed. He also noted concern that there was no minimum parking requirement when the developer applies by special permit to reduce the required parking lower than 1 space per 1,000 sq. ft. of gross floor area. Even a minimum set quite low would generate less concern than having none at all. He requested that there be no further exclusion for sign heights, lights, etc., and he also suggested including noise protection for the surrounding neighborhood.
Stephen Kaiser, 191 Hamilton Street, submitted a letter (Attachment D) and read excerpts from the letter. He stated that his concerns relate to all four upzonings presently being considered by the City Council. A favorable decision by the City on this or any of the other pending petitions would constitute a grant or gift to a private party, in violation of the Massachusetts Constitution, specifically Article 7 of the Declaration of Rights, which provides that "government is instituted for the common good. . .of the people; and not for the profit, honor or private interest of any one man, family or class or men."
There being no further public comment, Councillor Seidel moved to questions and discussion by members of the committee.
Councillor Cheung stated that he appreciates the attention that the petitioner is paying to try to reduce parking demand and requested more details about these efforts. Attorney Rafferty said that credit is due to Jeff Roberts, for coming up with the mechanism for calculating the lower parking requirement. He then invited Jeff Lockhart to describe the steps that Novartis currently takes to lower parking demand. Mr. Lockhart described an array of parking demand management mechanisms utilized by Novartis.
Councillor Cheung asked for more detail about the pedestrian access. Attorney Rafferty stated that the plan is for a pedestrian portal on Mass Avenue proceeding at a right angle through to State Street. He asked about the "active uses and transparency" which the Planning Board criteria encourage on the ground floor of new buildings. He questioned whether the recommendation applies to the compound or the area along Mass Avenue. Attorney Rafferty said that there is a minimum requirement set for along the Mass Avenue edge, but there will also be active use for the ground floor in other parts of the project. He cautioned that "active use" and "retail use" are not synonymous. Councillor Cheung suggested that Novartis consider putting an employee cafeteria, open to the public, on the first floor of the new building.
Councillor Seidel asked for more information about Goody Clancy's thoughts about the site. Mr. Murphy reported that Goody Clancy consultants had visited the site. They were particularly concerned with ensuring active uses and successful retail on the ground floor. They felt that the additional height could be quite easily accommodated; their concerns related to ensuring that the design enhances pedestrian access as well as active ground floor uses. Councillor Seidel noted the non-Mass Avenue ground floor and the Osborn Street area are questions for further discussion.
Councillor Reeves expressed approval of what Novartis has done to improve Massachusetts Avenue. He is pleased that the Planning Board approves of the overall concept of the integrated planning for Central Square, Kendall Square and the transition area in between. He sees this area as a good place for the creative and the innovative to understand each other and collaborate. He said that without the Planning Board and the Board of Zoning Appeals, the City would have what the real estate trusts deign to provide. He noted that the transitory nature of the population of Cambridge means that the community involved in a planning study seven years ago is not necessarily the same community that will be involved in the next planning study for the area.
Mayor Maher expressed his excitement with this project. He believes that it will go a long way to improve the southern part of Mass Avenue. He is intrigued that Novartis has engaged a world class architect for this project.
Mayor Maher moved that the petition be referred to the full City Council with a favorable recommendation with regard to amending the proposal by adding the language recommended by the Planning Board and that the Ordinance Committee retain subject matter jurisdiction for further discussion of public benefits and any other related matters. The motion passed on a voice vote without objection.
Councillor Seidel thanked those present for their attendance. The meeting was adjourned at 5pm.
For the Committee,
Councillor Sam Seidel, Chair
AWAITING REPORT LIST
10-50. Report from the City Manager:
RE: report on options for amending the ordinance to allow for permitting of civic organizations to use public space after hours.
Councillor Cheung 03/22/10 (O-18)
10-57. Report from the City Manager:
RE: report on Harvard using the Jesuit properties for affordable housing and whether Harvard will offer other properties in the same neighborhoods for the purpose of developing affordable housing.
Councillor Decker & Councillor Cheung 04/05/10 (O-20)
10-79. Report from the City Manager:
RE: report on a standard set of resources, facility privileges, tools, and barebones operating budget the unfunded commissions may use in their work of enacting Council policy.
Councillor Cheung and Full Membership 05/10/10 (O-7)
10-89. Report from the City Manager:
RE: report on a delineation of the boundaries of Joan Lorentz Park.
Councillor Seidel, Vice Mayor Davis, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Simmons & Councillor Toomey 05/24/10 (O-11)
10-133. Report from the City Manager:
RE: report on railroad crossing safety policies and procedures, including equipment maintenance and repair in the City of Cambridge.
Councillor Seidel 09/13/10 (O-16)
10-173. Report from the City Manager:
RE: report on the particular facts and general principles to support affordable housing as part of the mitigation in zoning mitigation negotiations.
Councillor Decker 11/08/10 (O-12)
10-176. Report from the City Manager:
RE: report on the feasibility of creating a "Bonding Program" for the purpose of ensuring that a process exists to enable the completion of work on projects where a developer fails to comply with an agreed upon community mitigation agreement.
Mayor Maher and Full Membership 11/22/10 (O-3)
10-177. Report from the City Manager:
RE: report on meetings with presidents of Cambridge colleges/universities to work out a proposal that they will pay the tuition and fees for students graduating from Cambridge public high schools.
Councillor Reeves and Full Membership 11/22/10 (O-7)
10-178. Report from the City Manager:
RE: report on developing an RFP for experimental music venues and space in Central Square.
Councillor Reeves and Full Membership 11/22/10 (O-8)
10-180. Report from the City Manager:
RE: report on feasibility of developing a formula/mechanism for receiving revenues negotiated during zoning changes and the possibility such revenues generated by a formula for distribution to community based non-profits.
Mayor Maher & Councillor Simmons 11/22/10 (O-12)
10-181. Report from the City Manager:
RE: report on the current formula that the City uses to calculate linkage payments for large scale projects.
Mayor Maher & Councillor Simmons 11/22/10 (O-13)
10-183. Report from the City Manager:
RE: report on the state of the law relating to community benefits as mitigation in zoning amendment petitions.
Vice Mayor Davis, Councillor Toomey, Councillor Seidel, Councillor Cheung and Full Membership 12/13/10 (O-1)
10-184. Report from the City Manager:
RE: report on the possibility of the Cambridge Farmers Market using space for the winter months in the ground floor of the First Street garage or other suitable space.
Vice Mayor Davis, Mayor Maher, Councillor Toomey, Councillor Cheung and Full Membership 12/13/10 (O-2)
10-185. Report from the City Manager:
RE: report on establishing a "pilot program" for Clean Tech Start-Ups in the first floor of vacant First Street garage.
Mayor Maher and Full Membership 12/13/10 (O-4)
10-186. Report from the City Manager:
RE: report on possible options for providing more support for the homeless youth in Cambridge.
Councillor Decker and Full Membership 12/13/10 (O-5)
10-190. Report from the City Manager:
RE: report on the feasibility of implementing the 311 system in Cambridge.
Councillor Cheung and Full Membership 12/20/10 (O-2)
11-02. Report from the City Manager: See Mgr #16
RE: report on unfair financial burden placed on same-sex married employees of Cambridge. Referred back by Councillor Cheung on 3/7/2011 for additional information.
Councillor Simmons, Councillor Seidel, Councillor Cheung, Councillor Kelley, Vice Mayor Davis, Mayor Maher, Councillor Reeves & Councillor Toomey 01/10/11 (O-3)
11-03. Report from the City Manager:
RE: report on possibility of allowing homeowners alternatives to alter flat roof structures to create better rain water runoff collection.
Mayor Maher, Councillor Cheung, Councillor Kelley, Councillor Reeves, Councillor Seidel & Councillor Simmons 01/10/11 (O-5)
11-05. Report from the City Manager: See Mgr #10
RE: report on Enterprise Rental using the City sidewalk as a parking lot. Referred back by Councillor Reeves for additional information on 2/14/2011.
Councillor Reeves, Councillor Cheung, Vice Mayor Davis, Councillor Kelley, Mayor Maher, Councillor Seidel, Councillor Simmons & Councillor Toomey 01/10/11 (O-7)
11-06. Report from the City Manager:
RE: report on whether the Responsible Employer Ordinance was complied with in regard to the recent bid on water-proofing project in Lafayette Square.
Councillor Cheung, Councillor Decker, Vice Mayor Davis, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 01/10/11 (O-9)
11-12. Report from the City Manager: See Mgr #11
RE: report on any foreseeable tax revenue implications of Vertex's decision to leave Cambridge.
Councillor Toomey, Councillor Simmons, Councillor Cheung, Vice Mayor Davis, Councillor Kelley, Mayor Maher, Councillor Reeves & Councillor Seidel 01/31/11 (O-4)
11-15. Report from the City Manager:
RE: report on what incentives were given to Vertex as part of their relocation deal and evaluate how Cambridge could offer those same incentives to companies it is attempting to lure from out of state to the City.
Councillor Cheung, Vice Mayor Davis, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 01/31/11 (O-15)
11-20. Report from the City Manager:
RE: report on the possibility of retaining the traffic light on Memorial Drive at Magazine Street.
Councillor Kelley, Councillor Cheung, Councillor Seidel, Vice Mayor Davis, Mayor Maher, Councillor Reeves, Councillor Simmons & Councillor Toomey 02/07/11 (O-3)
11-22. Report from the City Manager:
RE: report on SCM funding shortfalls. Referred back for additional information by Councillor Cheung on 2/28/2011
Councillor Decker, Councillor Cheung, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 02/14/11 (O-1)
11-27. Report from the City Manager:
RE: report on recent trip of Public Safety officials to Israel and on the City's policies regarding the provision of professional development of City officials by private entities. View final order.
Councillor Decker, Councillor Cheung, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 02/28/11 (O-20)
11-28. Report from the City Manager:
RE: report on possible projects that could be completed with the help of Code for America.
Councillor Toomey and Full Membership 03/07/11 (O-1)
11-32. Report from the City Manager:
RE: report on adding flood lights in the Danehy dog park.
Councillor Decker and Full Membership 03/07/11 (O-7)
11-33. Report from the City Manager:
RE: report on feasibility of using City-installed and City-managed cameras as part of an overall safety program for the immediate Clifton Street area.
Councillor Kelley and Full Membership 03/07/11 (O-8)
11-40. Report from the City Manager: See Mgr #1
RE: report on the safety of nuclear reactors in Cambridge.
Councillor Seidel, Vice Mayor Davis, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Simmons & Councillor Toomey 04/04/11 (O-10)
11-41. Report from the City Manager:
RE: report on possibly participating in the Seattle Farm Bill Principles initiative.
Vice Mayor Davis 04/04/11 (O-5)
11-42. Report from the City Manager: See Mgr #6
RE: report on the possibility of inclusion of visuals in Cambridge zoning documents to aid in the understanding of requirements and regulations.
Councillor Seidel 04/04/11 (O-11)
11-43. Report from the City Manager: See Mgr #2
RE: report on plans for maintaining service at Lechmere Station through the construction and how long the Green Line will be impacted due to these upgrades.
Councillor Toomey and Full Membership 04/25/11 (O-1)
11-44. Report from the City Manager: See Mgr #8
RE: report on increasing lighting in all municipal parking lots in Central Square and on whether these lots can be converted to a meter system.
Councillor Cheung and Full Membership 04/25/11 (O-2)
11-45. Report from the City Manager:
RE: report on submitting a proposal for the Mass Cultural Council's Cultural Districts Initiative which establishes criteria and guidelines for cities and towns to apply for state-designated cultural districts.
Councillor Cheung and Full Membership 04/25/11 (O-3)
11-46. Report from the City Manager: See Mgr #3
RE: report on the creation of a plan to reduce overall pedestrian crossing distance of the highway to the relocated Lechmere Station.
Councillor Toomey and Full Membership 04/25/11 (O-7)
11-47. Report from the City Manager:
RE: examine the opportunities for putting white roofs on municipal buildings.
Vice Mayor Davis and Full Membership 04/25/11 (O-8)
11-48. Report from the City Manager: See Mgr #7
RE: report on how the city can prepare for heat waves and the opportunities to help low-income resident acquire air conditioners.
Vice Mayor Davis and Full Membership 04/25/11 (O-9)
11-49. Report from the City Manager:
RE: report on the current state of the Pacific Street dog park and devise a strategy to make it more accessible and enjoyable for both dog owners and their pets.
Councillor Cheung and Full Membership 05/02/11 (O-2)
11-51. Report from the City Manager:
RE: report on assisting in maintaining Curious George & Friends Bookstore's Harvard Square location and economic strength.
Mayor Maher and Full Membership 05/02/11 (O-4)
11-52. Report from the City Manager:
RE: report on installing traffic calming measures at Russell Street and Mass Avenue.
Councillor Cheung, Vice Mayor Davis, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 05/16/11 (O-2)
11-53. Report from the City Manager: See Mgr #5
RE: report on how to make the Follen Street/Little Concord Avenue intersection safer for pedestrians, bicyclists and motorists.
Councillor Cheung and Full Membership 05/16/11 (O-3)
11-54. Report from the City Manager: See Mgr #9
RE: report on the feasibility of allowing businesses to apply for an active loading zone permit that would cover all major shopping holidays.
Councillor Cheung, Vice Mayor Davis, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 05/16/11 (O-5)
11-55. Report from the City Manager:
RE: report on filling potholes on Putnam Avenue between Western and Mass Avenues.
Vice Mayor Davis and Full Membership 05/16/11 (O-7)
11-56. Report from the City Manager:
RE: report on applying for the US Dept. of Energy grant or to coordinate the City's efforts with the MAPC proposal.
Councillor Cheung and Full Membership 05/16/11 (O-10)
11-57. Report from the City Manager: See Mgr #13
RE: report on how much money was raised for the Hybrid Cab program with a summary of the disbursement of funds.
Councillor Cheung and Full Membership 05/16/11 (O-11)
11-58. Report from the City Manager:
RE: report on the feasibility of installing a projector presentation screen in the Sullivan Chamber.
Councillor Cheung and Full Membership 05/16/11 (O-12)
11-59. Report from the City Manager:
RE: report on a plan to keep the sidewalk crossings accessible for the fall/winter 2011 at major pedestrian thoroughfares.
Councillor Kelley and Full Membership 05/16/11 (O-15)
11-60. Report from the City Manager:
RE: report on the feasibility of creating a program for residents who are interested in starting a new business in Cambridge.
Councillor Cheung and Full Membership 05/16/11 (O-20)
11-61. Report from the City Manager:
RE: report on the percentage of tree canopy coverage.
Councillor Seidel and Full Membership 05/16/11 (O-22)
11-62. Report from the City Manager:
RE: report on how the City can support electric vehicles.
Councillor Cheung and Full Membership 05/16/11 (O-23)
11-63. Report from the City Manager:
RE: report on determining the impact that the Batelle Study recommendations could have on Cambridge.
Vice Mayor Davis 05/16/11 (O-24)
11-64. Report from the City Manager:
RE: report on the feasibility of implementing paying for city services on-line.
Councillor Cheung 05/16/11 (O-29)