City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY JULY 9, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:35 PM Roll call showed 9 present. Mayor Murphy Presiding. MAYOR’S BUSINESS Communication – Sister Cities Task Force recommending approval of sister city relationship between Lowell and Santo Domingo, Dominican Republic for vote of the Council. In Council, read, referred to Law Department to draft vote by Motion of C. Mendonca, seconded by C. Mercier. So voted. Pastor Nazene spoke to the communication. CITY CLERK Minutes of City Council Meeting June 25th; Zoning SC June 25th, for acceptance. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Mercier. So voted. C. Mercier requested moment of silence in darkened chamber for G. Douglas Golden. GENERAL PUBLIC HEARINGS (Scheduled for 7PM) Vote - Accept Provisions of Ch 44, s. 53F 1/2 of MGL to establish an Enterprise Fund for the Lowell Memorial Auditorium. In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Mercier, seconded by C. Lorrey “To waive the full reading”. So voted. Motion by C. Elliott, seconded by C. Kennedy “To Adopt”. Adopted on roll call vote 9 yeas. So voted. Ordinance - Amend Zoning (Rogers St) extend TMU District. In Council, Given 2nd Reading and hearing held. Hearing closed. Motion by C. Nuon, seconded by C. Mendonca “To waive the full reading”. So voted. Motion by C. Mercier, seconded by C. Martin “To refer to Planning Board for determination of values and action on the matter”. Adopted on roll call vote 7 yeas, 2 nays (C. Elliott, C. Nuon). So voted. The following individuals spoke in favor of the ordinance: Stephen Hattan; Ann Marie Page (read letter of Nancy Judge); Steve Lehmann; Leo Garneau; Terry Cunningham; Selene Lehmann; Trina Picardi; Richard Gauthier. The following individuals spoke in opposition to the ordinance: Atty. George Theodorou; Atty. David Plunkett; Dr. Louis Stylos; Dr. Daniel Brennan; Dominic Intravaia; Richard Barrett; Martha Barrett; Ed Hogan; John Latta. C. Mercier submitted petitions for and against the ordinance (See Attachment #2) and noted the notice to property owners must be of high importance and questioned the procedural history of the ordinance. Adam Baacke (DPD) outlined the history and noted the peculiar path it took based upon discussions of the Planning Board and taking a 1 formal vote on matter. C. Mercier noted the Planning Board started the matter and did not finish it and she would not support the petition. Motion by C. Mercier, seconded by C. Martin (for discussion) “to refer to Planning Board for value determination and action on matter.” Adopted on Roll Call Vote 7 yeas, 2 nays (C. Elliott, C. Nuon). So voted. On motion C. Martin noted the miscellaneous petition of Atty. George Theodorou. Motion to Suspend Rules to take item #24 out of order by C. Martin, seconded by C. Mendonca. So voted: Misc. – Atty. George Theodorou Petition Protesting Proposed Ordinance For a Rezoning of Rogers Street. In Council, read, accepted and placed on file by Motion of C. Elliott, seconded by C. Mercier. So voted. Atty. Theodorou commented on the petition and noted it called for a ¾ vote of the Council on the matter. City Solicitor Fenton noted the petition was faulty and therefor null and void. C. Martin commented on fairness of notice issue as well as actions of Planning Board were sufficient reasons to delay matter for additional answers, though he generally supports delaying matters. C. Kennedy questioned the historical perspective of the ordinance. Mr. Baacke commented usually when there is a change in the zoning map it involves a planning process and that had not happen in this instance. C. Elliott commented the action is before the Council and it should be decided to correct a zoning issue. C. Nuon noted the existing business would be grandfathered in. Mr. Baacke noted that there could be no redevelopment of the property under old ordinance. C. Nuon noted change of zoning is needed to protect the neighborhood. C. Lorrey noted there are currently no issues in that area. C. Leahy supports the motion in the hope that it could lead to a compromise. C. Mendonca commented on the fairness of the notice and the Planning Board had no information and no action on the matter. C. Mendonca noted he did not support the change as it would have a huge negative effect on the property owners. C. Kennedy noted the uniqueness of the petition and the fact that the Planning Board did nothing however he would hope for some compromise. C. Martin noted he did not see any movement on the part of the business owners. C. Lorrey commented another public hearing with Planning Board could move towards a compromise. C. Mercier moved the question. Question moved on Roll Call Vote 7 yeas, 2 nays (C. Elliott, C. Nuon). So voted. Ordinance - Quarterly Traffic (June). In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Nuon, seconded by C. Mercier “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) National Grid - Underground electric conduit to feed transformer at 65 Perkins St. In Council, Given 2nd Reading and hearing held. Motion by C. Nuon, seconded by C. Mercier “To waive the full reading”. So voted. No Remonstrants. Michelle Stacey, representative from National Grid spoke in favor of the petition. Hearing closed. Motion by C. Mendonca seconded by C. Mercier “To refer to Wire Inspector for report and recommendation”. So voted. 2 National Grid/Verizon - Relocate poles for street corner roundings at Broadway and Wilder Streets. In Council, Given 2nd Reading and hearing held. No Remonstrants. Hearing closed. Motion by C. Mendonca seconded by C. Lorrey “To refer to Wire Inspector for report and recommendation”. So voted. 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. Nuon, seconded by C. Mendonca. So voted. COUNCIL MOTION OF 6/11/13 BY COUNCILOR ELLIOTT: “Request City Manager set up revolving fund for Cawley Stadium.” No comments. COUNCIL MOTION OF 6/11/2013 BY COUNCILORS LORREY AND MERCIER “Request City Manager have the proper department explore long term solution to the parking shortage around Callery field.” C. Lorrey noted the report and questioned if it would work. Adam Baacke (DPD) outlined the proposal and reasons behind it. C. Leahy noted the proposal and commented that speed must be checked in that area. Mr. Baacke commented on the speeding concern. C. Nuon questioned use of the school parking lot. Mr. Baacke noted the school was reluctant to use the lot for liability reasons. C. Mercier applauded the plan. COUNCIL MOTION OF 6/25/2013 BY COUNCILORS LORREY AND MERCIER “Request the City Council name softball field #2 at Koumantzelis field in honor of Keith Rudy.” C. Lorrey recognized the administration for their effort and noted when the ceremony would be. COUNCIL MOTION OF 5/28/2013 BY COUNCILOR ELLIOTT “City Manager provide report on status of Solar Renewable Energy Credits (SRECs) for City solar projects.” No comments. INFORMATIONAL LMA Letter. No comments. Lowell Focus Group Report – Lowell Open Space Plan. No comments. Communication - Report and Recommendation from Planning Board RE: Proposed Amendment extending the TMU zoning district to include the properties with frontage along Rogers Street (between and including 576 and 687 Rogers Street), 39 Whitehead Avenue, 550 Douglas Road and 500 Wentworth Avenue. In Council, read, accepted and placed on file by Motion of C. Mercier, seconded by C. Mendonca. So voted. Communication - From City Mgr. request approval Out of State Travel (2) DPD, (1) Library. In Council, Read Motion by C. Lorrey, seconded by C. Nuon “To approve”. Approved on roll call vote 9 yeas. So voted. 3 Presentation by Interim Police Supt. Deborah Friedl regarding summer policing. In Council, read, Motion by C. Martin, seconded by C. Nuon “To accept the report as a report of progress”. So voted. Manager Lynch introduced Supt. Friedl to address motion of Council regarding summer policing program. Supt. Friedl provided a handout to the Council outlining the different programs. (See Attachment #1 – Lowell Police Department Summer Crime Reduction Initiatives) Supt. Friedl outlined the different programs on the attachment and noted that these are in addition to the regular policing being performed. C. Martin recognized the effort being brought forward. C. Lorrey recognized the work during the holiday and noted the success of the park programs. C. Mercier commented on getting help from others in the community including UML and Middlesex College as well as the National Parks. C. Mercier noted it is important for officers to be out of cruisers when possible. Vote - Authorizing the City Manager on Behalf of the City of Lowell, to accept Gifts made to the Pollard Memorial Library ($455.00). In Council, Read twice, Motion by C. Nuon, seconded by C. Mendonca “to waive full reading.” So voted. Motion “to adopt” by C. Elliott, seconded by C. Nuon. Adopted on roll call vote 9 yeas. So voted. Request by C. Mercier to take items #13, 14, 15 and 17 together. So voted. Vote - Authorize City Manager renew lease with Middlesex Community College (Lowell Campus) for parking. In Council, Read twice, Motion by C. Martin, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Elliott, seconded by C. Kennedy. Adopted on roll call vote 9 yeas. So voted. Vote - Authorize City Manager renew lease with Lowell Community Charter Public School for parking. In Council, Read twice, Motion by C. Martin, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Elliott, seconded by C. Kennedy. Adopted on roll call vote 9 yeas. So voted. Vote - Authorize City Manager renew lease with Moller’s Lofts Condominium Trust for parking. In Council, Read twice, Motion by C. Martin, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Elliott, seconded by C. Kennedy. Adopted on roll call vote 9 yeas. So voted. Vote - Authorize City Manager execute lease with UML for parking. In Council, Read twice, Motion by C. Martin, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Elliott, seconded by C. Kennedy. Adopted on roll call vote 9 yeas. So voted. C. Mendonca questioned to ensure Lowell High School would have sufficient parking in the area. C. Nuon questioned the length of the leases and was informed they were all 3 year leases with the exception of the 10 year lease for Moller’s Lofts Condominiums. Order - 60 day trial (various). In Council, Read twice, Motion by C. Nuon, seconded by C. Mendonca “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. Vote - Auth Mgr execute LDA with Habitat for Humanity of Greater Lowell, Inc. for property at 137 Willie St. In Council, Read twice, Motion by C. Nuon, seconded by C. 4 Mercier “to waive full reading.” So voted. Motion “to adopt” by C. Martin, seconded by C. Mercier. Adopted on roll call vote 9 yeas. So voted. Vote - Accept Gift ($1,800) from UML for new gateway signs. In Council, Read twice, Motion by C. Mendonca, seconded by C. Martin “to waive full reading.” So voted. Motion “to adopt” by C. Leahy, seconded by C. Lorrey. Adopted on roll call vote 9 yeas. So voted. Ordinance - Create temporary position of Lead Hazard Control Grant Program Manager (DPD). In Council, Given 1st Reading, Motion by C. Mendonca, seconded by C. Martin “to waive full reading.” So voted. Motion by C. Nuon, seconded by C. Elliott “to refer to public hearing on July 23, 2013 at 7 PM.” So voted. Vote - Transfer ($133,118.24) Sick Leave Buy Back. In Council, Read twice, Motion by C. Nuon, seconded by C. Mendonca “to waive full reading.” So voted. Motion “to adopt” by C. Mercier, seconded by C. Lorrey. Adopted on roll call vote 9 yeas. So voted. REPORTS (Sub/Committee, if any) Public Safety SC July 9, 2013. In Council, report given, Motion by C. Nuon, seconded by C. Mercier “To accept the report as a report of progress”. So voted. C. Martin issued the report and indicated those who attended. C. Martin noted the LPD members involved and reported on the procedures used for dispatching. GENERAL PETITIONS Misc. – Luz Gonzalez request (1) handicap parking sign on side of 485 Stevens Street. In Council, Motion by C. Mendonca, seconded by C. Nuon, “To refer both matters to Traffic Engineer as amended.” So voted. Motion to Suspend Rules by C. Mercier, seconded by C. Lorrey to add additional request for (1) handicap parking sign for 383 High Street at side door on Porter Street. So voted. Both request amended to be 60 day trials. Misc. – Patrick Hamilton request to address City Council regarding “Liberty Preservation Act”. In Council, read, refer to Law Department for report by Motion of C. Mercier, seconded by C. Lorrey. So voted. Mr. Hamilton spoke on the petition. MOTIONS By C. Mercier - “Req. City Mgr. provide a report as to the status of the former Butler School and the direction the project is taking.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Mercier commented to move forward on the project as it is in the best interest of the City. C. Elliott questioned diligence done on part of City on developers. Manager noted the City has been paid money due and project is moving forward. Mr. Baacke outlined the project. C. Lorrey questioned background of the developers. Mr. Baacke commented that they must show fiscal ability to move forward on the project. 5 By C. Lorrey - “Req. City Mgr. have proper department review ordinances or laws in the City regarding pan-handling and develop plan to prohibit and enforce same. In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Lorrey commented the problem is escalating and message should be sent regarding the issue. C. Leahy noted the police should have the tools to address the issues. C. Elliott questioned current laws and regulations and the need to give police more tools of enforcement. City Solicitor Rossetti commented on recent court cases and ordinances. By C. Lorrey – “Req. City Mgr. have LPD develop a motorcycle safety program for Lowell residents.” In Council, seconded by C. Mendonca, read and referred to the LPD. So voted. C. Lorrey noted the need for safety practices in this area. By C. Martin - “Req. City Mgr. provide update on impact of state budget on the recently adopted City budget.” In Council, seconded by C. Mendonca, read and referred to the Manager. So voted. C. Martin noted it may be premature as the State budget has yet to be signed but requested report once that budget is set. By C. Kennedy – “Req. Law Dept. prepare an amendment to 4.3.6 of the Zoning Ordinance that will prohibit construction trailers from being placed on construction development sites prior to 90 days before construction begins; require that construction trailers be removed from development sites within 90 days after construction ends; and explicitly prohibit construction trailers for any residential sites.” In Council, seconded by C. Mercier, read and referred to the Law Department. So voted. C. Kennedy noted that the time should be limited for these trailers. City Solicitor Fenton questioned the type of trailer the ordinance would apply to. Mayor Murphy relinquished chair to Vice Chair Mendonca at 9:30 PM. By M. Murphy - “Req. City Mgr. report on potential to update library and city hall restrooms with changing tables for the general public.” In Council, seconded by C. Mercier, read and referred to the Manager as amended. So voted. M. Murphy noted it would be courtesy for customers. Motion to include other municipal buildings by C. Lorrey, seconded by C. Mercier. So voted. By M. Murphy - “Req. City Mgr. consider appropriate signage directing visitors to wheelchair accessible entrance through JFK Civic Plaza.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. M. Murphy commented it was needed to assist in locating access. C. Mercier noted signs had been in place prior and it was good to get them back. By M. Murphy - “Req. City Mgr. work with Disability Commission and Fire Department to ensure that fire alarms installed in homes appropriately alert hearing-impaired residents.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted it was added protection for at risk people. C. Leahy requested more information on the motion. M. Murphy commented on purpose of the motion. 6 By M. Murphy - “Req. City Mgr. report on the impact of sequestration on CDBG funding and according to what priority adjustments will be made.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. M. Murphy commented there is a need to know the impact of the sequestration and the adjustments to be made. By M. Murphy - “Req. City Mgr. provide Council with update on Downtown Stat initiative and neighborhood indicators project for further discussion.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy commented it is important to see how effective programs are. By M. Murphy - “Req. City Mgr. review annual city Census form and consider update to include voluntary feedback and information which might strengthen community through emergency preparedness, skill-sharing and hyper-local economic development.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. M. Murphy noted it is important to know what resources are available and to build community relationships. By M. Murphy/C. Nuon - “Req. City Mgr. work with School department to develop proposal for Massachusetts Public Library Construction grant to start a satellite library system within priority schools for use by the community.” In Council, read and referred to the Manager. So voted. M. Murphy noted it would enable full use of school facilities as well as build literacy in the neighborhoods. C. Leahy commented that the focus should be on improving the school libraries. C. Lorrey commented on a safety concerns. C. Mercier noted she could not support motion due to safety concerns. C. Lorrey raised the possibility of a book mobile. M. Murphy noted the use of libraries would be after school when the buildings are open. C. Nuon commented it would be more accessible for residents and would allow capital improvements. C. Kennedy noted the motion calls for Manager to work with School department. By M. Murphy - “Req. City Mgr. report on efforts to develop a food truck program and potential coordinated effort with Economic Development division and COOL to identify and map event locations to encourage their use.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted the program worked in other communities and it is important to pick the best places and times. C. Kennedy used Somerville as an example and noted the many festivals that community has. By M. Murphy - “Req. City Mgr. report on permitted use of barbecue grills in recreational parks, and to promote their safe use in public spaces.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. M. Murphy commented that City should get most resources it can from the parks. C. Mercier questioned the permitting element and clean up in the parks. M. Murphy commented that the motion calls for a report to address the concerns. By M. Murphy - “Req. City Mgr. report on the Parks and Recreation Department use of pesticides and potential draft of pesticide-free land management ordinance.” In Council, 7 seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy commented that there should be a push to a healthier alternative. By M. Murphy - “Req. City Mgr. explore creation of a Technology Advisory Committee to suggest policies on the effective use of technology in municipal operations and establish an Urban Mechanics mini grant program to spur further innovation from within the community.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. M. Murphy commented the speed in changes in technology require close look and keeping in touch with these changes can be done through the grant process. Motion to suspend Rule 5 of the Council Rules to go beyond 10:00 PM. Motion failed with 2 nays (C. Elliott, C. Mercier). So voted. Remaining matters to be brought forward at following meeting on July 23, 2013. Motion to Adjourn by C. Kennedy, seconded by C. Mercier. So voted. Adjourn at 10:00 PM. Michael Q. Geary City Clerk Attachment #1 – Lowell Police Department Summer Crime Reduction Initiatives Attachment #2 – Petitions in support and opposed to ordinance 8