City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY MARCH 12, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 8 present, 1 absent (M. Murphy). Vice Chair Mendonca Presiding. CITY CLERK Minutes of City Council Meeting March 5th; Finance SC March 5th, for acceptance. In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Mercier. So voted. Resolution - to maintain Verizon Repair Center jobs and Innovative Technology Work in Massachusetts and to reconsider moving jobs out of Commonwealth. In Council, Motion by C. Lorrey, seconded by C. Nuon “To Waive Full Reading”. So voted. Read twice and Motion “to adopt” by C. Elliott, seconded by C. Lorrey. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. CITY AUDITOR Communication - January & February grants reported. In Council, read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Elliott. So voted. Communication - February budget reports. In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Leahy. So voted. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) Ordinance - Amend Zoning-Article XII: Table of Uses and Sec. 7.7 (Narcotic Detoxification and/or Maintenance Facilities). In Council, Given 2nd Reading and hearing held. Speaking in favor Atty. George Eliades representing the petitioner. Atty. Eliades outlined his memorandum in support of petition (See Attachment #1) which included a map, code and current use chart. Atty. Eliades noted that the petitioner has been doing business in Lowell 30 years and that it is necessary for him to change location as his lease will not be renewed. Atty. Eliades commented the change just adds a new zone (light industry) in which to do business with a special permit. Atty. Eliades noted that the Planning Board voted in favor of the petition. No Remonstrants. Hearing closed. Motion by C. Mercier, seconded by C. Elliott “To Adopt”. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. C. Mercier noted the planning board approval and she would support petition. C. Nuon commented it was the right zone for the facility. C. Lorrey noted there has been no opposition at any public hearing. C. Elliott questioned how City was involved with the petition. Eric Slagle (DPD) commented that Atty. Eliades presented to department and was reviewed and supported and also noted planning board support. C. Elliott concurred that it should be out of residential district but questioned if it belonged in a light industry district. City Solicitor O’Connor noted the 1 district was appropriate and that there was still a need for a special permit to move forward on any project. C. Elliott voiced concern that it may invite more facilities into the areas. C. Kennedy questioned the appropriateness of the regional retail district. Mr. Slagle noted that historically that district was approved. C. Nuon requested that the memo (Attachment #1) be made part of record. Ordinance - Create (1) full-time position (Animal Control Compliance Officer) and establish said salary. In Council, Given 2nd Reading and hearing held. None speaking in favor. No Remonstrants. Hearing closed. Motion by C. Mercier, seconded by C. Nuon “To Adopt”. Adopted on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. Manager Lynch made presentation and distributed chart entitled “Per Capita Dog Licensing Revenue by Population” (See Attachment #2) to assist. C. Lorrey noted he cannot see taxing people who own dogs and noted that it was not fair and could be burden to those who cannot afford the fee. C. Martin noted the ordinance does not touch fees it just adding to enforcement ability. C. Elliott questioned the number of calls regarding dogs. Sgt. Steve Coyle (LPD) responded and noted there is a need for coverage for nights, weekends and court dates. C. Elliott commented that there should be consequences for bad dog owners. C. Leahy noted that it was important to have proper coverage. C. Nuon questioned the shifts of the dog officers. Sgt. Coyle outlined current and proposed shifts. Manager noted that if revenue reached the limit of paying for department he would lower the fee. CITY MANAGER Communication - From City Manager Responses to City Council Motions and Requests. In Council, read, accepted and placed on file by Motion of C. Leahy, seconded by C. Lorrey. So voted. UPDATE TO COUNCIL MOTION OF 2/5/13 BY COUNCILOR LEAHY: “Request the City Manager have the proper department present a plan to rejuvenate the city council chamber in the month of July including painting walls, replacing shades and sanding wood floors.” C. Leahy questioned the timing of the work. Manager noted it had to worked in the budget and that the summer is usually the time that work is being done on the schools. C. Leahy noted he would like Council input on the matter. C. Elliott commented that in house work should be done to keep costs down. Manager noted large portions of work are being done in house and that the supplies are costly. C. Lorrey questioned restoration of the portraits in City Hall. Manager noted that some work had been done on them in the past. C. Kennedy noted that the carpet was not included in the price but it should be done along with the restoration. INFORMATIONAL Invitation to Legislative Breakfast. No comments. Communication - Report and Recommendation from Planning Board RE: Proposed Amendment relative to Narcotic Detoxification and/or Maintenance Facilities. In 2 Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Nuon. So voted. Ordinance - Create position and salary of Director of Elections. In Council, Given 1st Reading, Motion by C. Kennedy, seconded by C. Mercier “to refer to public hearing on April 2, 2013 at 7 PM.” So voted. Ordinance - Amend Chapter 266-90 Parking Meter Rate. In Council, Given 1st Reading, Motion by C. Kennedy, seconded by C. Martin “to refer to public hearing on April 2, 2013 at 7 PM.” So voted. C. Mercier questioned procedure for those who park at spots with orange bags. Manager outlined the procedure. C. Leahy noted if parking at orange bag it would be a violation. Communication - Appoint Jeffrey S. Wilson (Taxicab and Livery Commission). In Council, Read Motion by C. Mercier, seconded by C. Nuon “To approve”. Approved on roll call vote 8 yeas, 1 absent (M. Murphy). So voted. C. Mercier commented on the appointment. Mr. Wilson addressed and thanked the Council. REPORTS (Sub/Committee, if any) Public Safety SC March 12, 2013. In Council, Motion by C. Leahy, seconded by C. Lorrey “To accept the report as a report of progress”. So voted. C. Martin provided the report relating to health and building codes in relation to public safety. C. Leahy noted the owner-occupied exemptions. Mr. Slagle outlined the exemption. C. Kennedy noted that owner occupied units do not pay fees. C. Kennedy questioned staff and the ability to do all of the inspections. Mr. Slagle noted that the inspectors are being trained on the MUNIS network as well so there is some delay with that. C. Kennedy questioned why money should be paid and then wait for two months for an inspection. Manager noted it was a new program and a big undertaking. C. Lorrey noted that there would be a public hearing on the Rourke Bridge this month. C. Leahy commented on the meeting for the Kearney Square Bridge. GENERAL PETITIONS Claims - (2) claims for property damage; (1) personal injury. In Council, Motion by C. Nuon, seconded by C. Mercier “To refer to Law Dept. for report and recommendation”. So voted. MOTIONS By C. Nuon – “Req. City Mgr. have proper departments provide a report concerning pedestrian-related motor vehicle accidents over the period of the last three years to include the following: the number of accidents and accidents involving pedestrians, the location, the time of day, the day of the week, age of operator, and any other pertinent variables that would contribute to learning how we might lower the incidence of pedestrian-related accidents including driver usage of personal communication devices while driving at the time of an incident.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Nuon noted that motion was specific and spoke for itself. 3 By C. Nuon – “Req. City Mgr. have proper department resurface the tennis courts and the fix up or replaced the nets on the O’Donnell Playground (Butler School).” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Nuon noted it was a safety issue and would like to include basketball court repairs as well. C. Leahy suggested the Stevens Street tennis court be repaired as well. 16. By C. Nuon – “Req. City Mgr. provide a report regarding ownership of vacant lot at corner of Branch and Middlesex Streets.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Noun noted owner of business is using City lot for his parking. Vice Chair Mendonca relinquished chair to C. Mercier at 8:15 PM. 17. By C. Mendonca – “Req. City Mgr. develop the means to address complaints of Building and Conservation code violations on weekends and after normal business hours.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Mendonca noted there is a lot of work done on weekends without permits in place and attempts should be made to prevent that. C. Leahy noted the use of a pager system. C. Mercier relinquished chair to Vice Chair Mendonca at 8:20 PM. 18. By C. Mercier – “Req. City Mgr. refer to traffic engineer a request for a stop sign at corner of West 3rd and Coburn Streets.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. C. Mercier noted motion speaks for itself. Motion to Adjourn by C. Kennedy, seconded by C. Lorrey. So voted. Adjourn at 8:21 PM. Michael Q. Geary City Clerk Attachment #1: “Memo in Support of Petition by Atty. George Eliades, Jr.” Attachment #2: “Per Capita Dog Licensing Revenue by Population” 4