City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY APRIL 16, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 9 present. Mayor Murphy Presiding. C. Nuon requested moment of silence in darkened chamber for victims of the 2013 Boston Marathon bombing and also for Danny Bunrith Svay victim of drowning at Greater Lowell Voke. C. Mercier recognized the victims of the bombing as well. MAYOR Communication - Green Building Award presented by Green Building Commission to UTEC. In Council, read, and presented by Mayor and Stephen Green (Green Building Commission member) to UTEC. Mr. Green noted it was the fourth award given and outlined the reasons for giving the award to the UTEC building. Gregg Croteau accepted the award on behalf of UTEC and introduced some employees. CITY CLERK Minutes of City Council Meeting April 9th; Flood Issues SC April 9th, for acceptance. In Council, read, accepted as amended and placed on file by Motion of C. Mendonca, seconded by C. Mercier. So voted. C. Mendonca requested to amend Flood Issues SC to include him as being present. No objections. So voted. Motion to Suspend Rules by C. Lorrey, seconded by C. Leahy “to take item #7 on agenda out of order.” So voted. Communication - Appoint Ryan Rourke (Board of Parks). In Council, Read Motion by C. Lorrey, seconded by C. Mendonca “To approve”. Approved on roll call vote 9 yeas. So voted. C. Mercier questioned if the appointment was a replacement choice. Manager Lynch noted it was a replacement. C. Elliott questioned the number of appointments on board as well as the progress to appointing members to the Lowell Memorial Auditorium Board of Trustees. Manager commented there is only one spot on board as other two are holdovers. C. Elliott noted that there is a problem with having holdovers. Manager noted that there were two other people interested and that he was looking for right person for position as well as being in it for the long haul. C. Elliott commented that Manager was being political with the appointments. Manager disputed that comment and noted it was going to be another 2-3 weeks before choice will be made. Mayor ended the discussion and C. Elliott noted he would file motion on matter for future meeting. Mr. Rourke was present and thanked the Council. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) 1 Ordinance - Amend Ch. 266 Vehicles and Traffic. In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Mendonca, seconded by C. Martin “To waive the full reading”. So voted. Motion by C. Mercier, seconded by C. Mendonca “To Adopt”. Adopted on roll call vote 9 yeas. So voted. UTILITY PUBLIC HEARINGS (Scheduled for 7PM) Waveguide - Install underground fiber optic cable conduit for communication at 10 and 15 Technology Drive. In Council, Given 2nd Reading and hearing held. Art Callahan, representing Waveguide, spoke in favor of his petition. No Remonstrants. Hearing closed. Motion by C. Mercier, seconded by C. Mendonca “To refer to Wire Inspector for report and recommendation”. So voted. C. Elliott questioned if work had been started in the area. C. Lorrey questioned fiber optics and who would be customers. 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. Mendonca, seconded by C. Lorrey. So voted. C. Leahy commented on the outstanding condition of Clemente Park. COUNCIL MOTION OF 3/26/13 BY COUNCILOR LEAHY: “Request City Manager have proper department prepare a report regarding business outreach programs for existing businesses, particularly in the downtown.” C. Leahy requested added information, including if there are people who meet regularly with downtown businesses. C. Leahy noted that there were just simple things which can be done to satisfy individuals. Motion by C. Leahy, seconded by C. Kennedy “to refer to Economic Development Subcommittee for discussion”. So voted. C. Mercier noted there have been some complaints with condition of downtown. Manager noted there is a clean-up effort throughout the year. C. Mercier noted that downtown coordinator should be more involved with businesses. COUNCIL MOTION OF 4/2/13 BY COUNCILOR LORREY: “Request the city manager have proper department install bullpen and batting cage areas near benches at Hadley Park.” C. Lorrey recognized the report. COUNCIL MOTION OF 3/26/13 BY COUNCILOR LORREY: “Request the City Manager find a suitable location in the city for a bocce court and a shuffleboard surface.” C. Lorrey noted he visited the court and commented that shuffleboard surfaces would probably be best at Shedd Park and North Common. COUNCIL MOTION OF 2/26/13 BY COUNCILOR NUON: “Request the City Manager provide inventory of all city owned land and city owned property.” C. Nuon thanked Adam Baacke (DPD) for his effort on the report. COUNCIL MOTION OF 3/5/26/13 BY COUNCILOR LEAHY: 2  “Request City Manager provide an update regarding the construction on the Lowell Sun building in Kearney Square.” C. Leahy noted that the building department is involved in the matter pushing it forward however businesses in the area need quick action. C. Martin questioned what would be a realistic outcome for this property. Mr. Baacke commented on the complex situation with the property regarding safety and financing. Mr. Baacke noted that HUD was involved and that there has been communication with surrounding business owners. Mr. Baacke noted it would probably be an 18-24 month period for completion once the project is ready to move forward. C. Kennedy noted that it could be as much as two and one half years before final resolution. COUNCIL MOTION OF 4/2/2013 BY COUNCILOR LORREY: “Req. City Mgr. have proper department develop a neighborhood summer program for downtown to include the closing of Middle and Palmer Streets one night per week as well as opening Middlesex Street parking garage rooftop as a venue for events.” C. Lorrey commented the idea is to treat the downtown as a separate neighborhood so people may treat it has their own. Manager outlined attempts to find added activities for the area. COUNCIL MOTION OF 4/9/13 BY COUNCILOR NUON: “Request the City Manager provide list of all contractors hired by DPW for snow removal for past year and include terms of contract.” No comments. COUNCIL MOTION OF 3/5/13 BY COUCNILOR ELLIOTT: “Req. City Mgr. provide interim plan on answering non-fire calls until private firm is in place.” No comments. INFORMATIONAL Follow-up to verbal request of April 2, 2013 by Councilor Kennedy regarding Lowell Stat. No comments. Follow up information regarding parking kiosks. C. Kennedy commented on the report and the use of credit cards on kiosks. Mr. James Troup (Parking Director) outlined the use of credit cards on the system. C. Kennedy questioned the cell phone use at Early Garage. Mr. Troup noted the issue and the steps being taken to correct it. Communication regarding petition to City Council, April 2, 2013 requesting removal of one handicap parking sign in front of 86 and 88 3rd Street. C. Mendonca noted the signs were being removed but commented on policy issue that must be addressed. Motion by C. Mendonca, seconded by C. Nuon “to refer matter to Neighborhoods Subcommittee for discussion”. So voted. FY 2013 third quarter financial review. C. Mendonca noted the report indicated stability. C. Lorrey noted on report that the health costs increased in enterprise funds. Tom Moses (CFO) explained the increase. C. Elliott noted the drop in 3  revenue in Parking Department. Mr. Moses indicated he would provide report on issue. C. Elliott commented on Medicaid receipts. Mr. Moses noted that money was recorded after the report was issued. C. Elliott noted that building permits were decreasing as well. Manager note it was sign of economy and the effect it would have on growth. C. Elliott commented on growth aspect of the report. Communication regarding the 2014 Capital Plan. C. Mendonca questioned next step on Capital Plan. Manager noted it should be a public hearing. Motion by C. Mendonca, seconded by C. Kennedy “to refer to Public Hearing on May 7, 2013 at 7 PM.” So voted. Transfer. No comments. Draft copy of Rules and Regulations of License Commission. C. Nuon thanked City Solicitor on formulating new regulations. C. Nuon questioned some of the regulations and City Solicitor O’Connor responded to the inquiries. City Solicitor outlined the procedure which had taken place so far with the regulations and noted one final public hearing is scheduled. C. Leahy commented on the entertainment aspect of the regulations and stated that a practical approach should be used to simplify enforcement. C. Lorrey commented on hours of operation and the special conditions sections of the regulations. City Solicitor commented on reason for regulations and police recommendations on them as well. C. Kennedy commented that the regulations came about to solve problems with some establishments downtown and that the solution seems to be punishing prudent establishments. C. Kennedy commented he would be filing motions so the Council can have more input on the matter before the hearing so that prudent establishments have some protections. C. Mercier agreed with C. Kennedy and noted that the establishments were being painted with one brush. Motion to Suspend Rules to allow Mr. Nick Petrakis to speak on the matter. So voted. Mr. Petrakis commented on other owners and closing times in other towns. Communication - From City Mgr. request approval Out of State Travel (2) Health, (2) Library, (2) LPD. In Council, Read, C. Mercier request to take LPD request separately and amend in accordance with memo. So voted. No objection. Motion by C. Mercier, seconded by C. Mendonca “To approve (2) LPD amended in accordance with memo”. Approved on roll call vote 9 yeas. So voted. Motion by C. Mendonca, seconded by C. Lorrey “To approve (2) Health, (2) Library.” Approved on roll call vote 9 yeas. So voted. Vote - Approve License Agreement (748 Lakeview Ave) overhanging awning. In Council, Read twice, Motion by C. Nuon, seconded by C. Mercier “to waive full reading.” So voted. Motion “to adopt” by C. Martin, seconded by C. Lorrey. Adopted on roll call vote 9 yeas. So voted. Vote - Transfer ($94,231.00) Elections Department. In Council, Read twice, Motion by C. Nuon, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” 4 by C. Elliott, seconded by C. Mendonca. Adopted on roll call vote 9 yeas. So voted. C. Elliott questioned whether State would reimburse some of these costs. C. Mercier questioned balance in Manger’s Contingency Fund and requested report as well. Manager noted these were the first transfers from the fund. C. Kennedy commented on report from Mr. Moses on transfers. Manager noted that information is provided for internal transfers. C. Kennedy noted the report should include all transfers. Vote - Transfer ($115,000.00) Law Department. In Council, Read twice, Motion by C. Nuon, seconded by C. Mercier “to waive full reading.” So voted. Motion “to adopt” by C. Mercier, seconded by C. Mendonca. Adopted on roll call vote 9 yeas. So voted. C. Elliott requested information on the transfer. Manager noted the transfer surrounds the Worker’s Comp Fund as that fund has been diminished from prior years and will provided more detailed report. City Solicitor O’Connor outlined the transfer and noted that there were a lot of settlements of claims as well. C. Leahy requested more detailed report. Vote – Transfer ($7,500.00) DPW. In Council, Read twice, Motion by C. Mendonca, seconded by C. Nuon “to waive full reading.” So voted. Motion “to adopt” by C. Lorrey, seconded by C. Kennedy. Adopted on roll call vote 9 yeas. So voted. Ordinance - Amend Ch. 56 (Personnel). In Council, Motion by C. Lorrey, seconded by C. Nuon “To Waive Full Reading”. So voted. Given 1st Reading, Motion by C. Kennedy, seconded by C. Nuon “To refer to public hearing on April 30, 2013 at 7 PM.” So voted. UTILITY PETITIONS UMass Lowell – To attach new cable on existing poles in right of way along Hall St. and across Aiken St. In Council, Given 1st Reading, Motion by C. Elliott, seconded by C. Mendonca “To refer to public hearing on April 30, 2013 at 7 PM.” So voted. MOTIONS By C. Mercier – “Req. City Mgr. have Commissioner of Parks find ways and means of enclosing the entrance to Wedge Park Tot Park for safety of children.” In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. C. Mendonca questioned the issue with gate. C. Mercier outlined problem and the need for solution. By C. Kennedy – “Req. City Mgr. report to Council on schedule and scope of Municipal Lien Auction for 2013.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Kennedy noted that it should be done until no longer liens. Manager noted that it would be in August. C. Kennedy request receipt of budget and was informed by Manager that it would be end of May or beginning of June. By C. Leahy – “Req. City Mgr. have proper dept. install crosswalks on Varnum Ave. where needed between West Meadow Rd. and Totman Rd.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Leahy noted motion came from neighborhood request. 5 By C. Leahy – “Req. City Mgr. draft letter on behalf of citizens of Lowell regarding concern for high priced cable and internet fees, sending letter to the appropriate State agency.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Leahy noted it was a big concern for the public. By C. Leahy/C. Kennedy – “Req. City Mgr. instruct proper dept. provide paving schedule for calendar year 2013.” In Council, read and referred to the Manager. So voted. C. Leahy requested including roads and patches. Manager outlined resources being used for paving and there should be more done this season. C. Kennedy noted there should be a report so that people have an idea of when their street will be done. C. Lorrey noted the huge costs of doing all the streets that need attention. Motion to Adjourn by C. Kennedy, seconded by C. Lorrey. So voted. Adjourn at 8:27 PM. Michael Q. Geary City Clerk 6