City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY AUGUST 27, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:30 PM Roll call showed 9 present. Mayor Murphy Presiding. C. Lorrey requested moment of silence in darkened chamber for John “Jack” Melville. C. Mercier commented on the life of Mr. Melville. C. Mercier requested moment of silence in darkened chamber for Dennis Devlin. CITY CLERK Minutes of City Council Meeting August 13th; Public Safety SC August 13th, for acceptance. In Council, read, accepted and placed on file by Motion of C. Leahy, seconded by C. Mendonca. So voted. Motion to Suspend Rules to take Executive Session at end of the agenda by C. Mercier, seconded by C. Lorrey. So voted. UNFINISHED BUSINESS By C. Lorrey – “Req. City Mgr. have the proper department develop a prepaid card for Lowell residents and property owners to be used in the kiosk parking machines and develop a discounted parking program for Lowell senior citizens to be used at any location, and also for other Lowell residents or property owners to be used in areas that are seldom used.” In Council, seconded by C. Leahy, read and referred to the Manager. So voted. C. Lorrey outlined the motion and how discounts would work. By C. Lorrey - “Req. City Mgr. have the proper department review yearly billing fee for fire and burglar alarms that are not directly tied into the City call center but rather go to a company who then notifies the owners.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Lorrey noted program and the implementation. Manager Lynch outlined history of program and fees and working on revising the ordinance. C. Lorrey withdrew the motion with consent of C. Kennedy. By C. Martin - “Req. City Council support naming new garden on University Avenue in honor of former mayor Armand Lemay.” In Council, seconded by C. Mendonca, read and referred to the Board of Parks. So voted. C. Martin commented that Mr. Lemay did not request this but he deserves it. Mayor Murphy relinquished the chair to Vice Chair Mendonca at 6:45 PM. By M. Murphy - “Req. City Mgr. explore creation of Eco-District pilot to address at the neighborhood level issues of sustainability raised by the City’s master plan.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. M. Murphy noted it is part of implementing the City Master Plan and exploring different ways to do that. By M. Murphy - “Req. City Mgr. develop incremental storm water measures into ordinance proposal addressing the financial and environmental impact of large impervious properties, continuous impervious pavement to the sidewalk or street where no legal curb cut exists, and improved design to prepare for eventual compliance with next phase of federal storm water permitting.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted the issues were raised by the Master Plan and this is a proactive approach to compliance. By M. Murphy - “Req. City Mgr. develop a Green Infrastructure Plan.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. M. Murphy noted it was a less expensive means in dealing with storm water issues. By M. Murphy - “Req. City Mgr. develop capital plan for Cupples Square as a model for the Complete Streets concept including widened sidewalks, reconfigured crosswalks and parking, street trees and lighting, possible underground utilities, bike lanes and a bus stop.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy commented that the City should develop a concept in one area and then expand that concept into other areas. By M. Murphy - “Req. City Mgr. report on plans to address Lincoln Square intersection for easier use by cyclists, motorists, and pedestrians alike, and report on lighting issues in the adjacent passive park.” In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy noted the intersection is very dangerous and should be addressed. By M. Murphy - “Req. City Mgr. report on plans for Pawtucket Canal Walk extension and connections.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. M. Murphy noted prior motions and work done in this area commenting to make the area safe to divert people off the roads. Motion to Suspend Rules to take items # 38 to # 42 out of order by C. Mercier, seconded by C. Lorrey. So voted. By M. Murphy - “Req. Mgr. pursue participation of Centralville neighborhood in the federal Promise Zones initiative.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. M. Murphy noted it was a great program and should be used. By M. Murphy/C. Nuon - “Req. Mgr. report on adoption of local apprenticeship requirements for projects of a certain size, similar to the approach of the Governor's Economic Recovery Mobilization Act, in order to increase the long-term impact of public investment.” In Council, read and referred to the Manager. So voted. M. Murphy noted that public investment should reap rewards including increasing the talent of people in the City. Bong Ros and Sengy Ken, both registered speakers, addressed the Council. C. Nuon noted that most of projects are substantial and that locals should be involved. C. Mercier commented on prior system which protected local labor. C. Lorrey commented it was a complicated issue. By M. Murphy - “Req. Mgr. report on sign code regulations and develop more comprehensive design guidelines.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted need for better need for signage in the City. C. Elliott commented that there are current regulations for signs and should be enforced. Adam Baacke (DPD) noted the regulations are contained in the zoning code and that there are areas of improvement. Mr. Baacke noted political signs are afforded more protections. C. Lorrey commented on outside businesses placing signs on City property. City Solicitor O’Connor outlined signage regulations. By M. Murphy - “Req. Mgr. report on the use of CDBG funding for Senior Center lease.” In Council, seconded by C. Elliott, read and referred to the Manager. So voted. M. Murphy noted motion spoke for itself. C. Elliott requested information concerning funding. Manager noted that there are 10 years left on lease for senior center and that funding is decreasing every year. C. Mercier noted that the center will always be protected in the City as it should always be funded. Manager noted there will always be a budget for the seniors. C. Martin noted it is the City’s job to fund the center and keep the commitment. C. Lorrey noted funding will remain constant. M. Murphy commented the motion was seeking to ensure more sustainable funding. By M. Murphy - “Req. Mgr. report on work of Youth Commission.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted that there is a need for update of the commission. CITY MANAGER Communication - From City Manager Responses to City Council Motions and Requests. In Council, read, accepted and placed on file by Motion of M. Murphy, seconded by C. Mercier. So voted. C. Lorrey noted the first retirement party is being held in the City. COUNCIL MOTION OF 8/13/2013 BY COUNCILOR LORREY: “Request the City Council name the L.H.S. football practice field at Cawley Stadium (home of Lowell Pop Warner) in honor of William Desmond, Jr.” C. Lorrey noted the vote was coming before the Board of Parks. COUNCIL MOTION OF 8/13/2013 BY COUNCILOR NUON: “Request City Manager have proper department repair signal light pole at corner of Westford and School St.” No comments. COUNCIL MOTION OF 7/23/2013 BY MAYOR MURPHY: “Request City Manager work to improve pedestrian and cyclist access to LRTA terminal through cleared sidewalks, safer crossing, improved street and underpass lighting on Gorham St. and working with LRTA to identify a safe entry point from Chelmsford St.” M. Murphy noted the strides going forward.  COUNCIL MOTION OF 8/13/2013 BY COUNCILOR ELLIOTT: “Request the City Manager have police chief address out of state registered vehicles and provide report on number of citations issued for illegally registered cars.” No comments. COUNCIL MOTION OF 8/13/2013 BY COUNCILOR ELLIOTT: “Request City Manager report on the status of paving streets in South Lowell.” C. Leahy commented on road reports. FOLLOW UP TO 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 thanked members for the support. INFORMATIONAL Varnum School Property Sale. C. Leahy noted sale went through and that City is not responsible for the building. LRTA Temporary Parking. C. Mendonca commented on the changes. Mr. Baacke addressed changes and future plans. Vice Chair Mendonca relinquished the chair to Mayor Murphy at 7:46 PM. Communication - From City Manager, Request approval Out of State Travel (3) LPD. In Council, Read Motion by C. Nuon, seconded by C. Mercier “To approve”. Approved on roll call vote 9 yeas. So voted. Communication - Reappoint Martha Mayo (Historic Board). In Council, Read Motion by C. Mercier, seconded by C. Nuon “To approve”. Approved on roll call vote 9 yeas. So voted. Vote - Approve exemption (John Boutselis) 268A s.20. In Council, Read twice, Motion by C. Nuon, seconded by C. Mercier “to waive full reading.” So voted. Motion “to adopt” by C. Nuon, seconded by C. Lorrey. Adopted on roll call vote 9 yeas. So voted. C. Mercier commented on disclosures regarding board memberships and requested information from City Solicitor. Solicitor noted she would report back to Council and that she was not readily aware of conflicts. Vote - Approve exemption (John Descoteaux) 268A s.20. In Council, Read twice, Motion by C. Nuon, seconded by C. Martin “to waive full reading.” So voted. Motion “to adopt” by C. Lorrey, seconded by C. Martin. Adopted on roll call vote 9 yeas. So voted. C. Elliott noted that this issued was raised by him at the appointment and that is when it should have been addressed. Manager noted the conflict only arises after the appointment. C. Kennedy noted the explanation should have been given at the time of the appointment. Vote - Transfer ($2,300) Animal Control Compliance Officer’s Training (Police). In Council, Read twice, Motion by C. Mendonca, seconded by C. Martin “to waive full reading.” So voted. Motion “to adopt” by C. Mendonca, seconded by C. Nuon. Adopted on roll call vote 9 yeas. So voted. Ordinance - Amend Zoning s. 4.3.6 construction trailers. In Council, Given 1st Reading, Motion by C. Elliott, seconded by C. Kennedy “to waive full reading.” So voted. Substitute Motion by C. Martin seconded by C. Mercier “to refer to Planning Board for report and recommendation and reduce time frames in ordinance from 90 days to 60 days.” So voted. C. Kennedy questioned if time frames in ordinance could be reduced. City Solicitor recommended that should be done now if it were to be done. Amended Motion by C. Kennedy, seconded by C. Lorrey to reduce time frames from 90 to 60 days. On amended motion C. Martin noted that the matter should be before the Planning Board first and made substitute motion to refer to Planning Board with reduction in time frames in ordinance from 90 to 60 days. Vote - Accept provisions of MGL c. 32 sec. 20(4)(h)-increase stipend of City Treasurer for services rendered as custodian of the funds of the retirement system. In Council, Given 1st Reading, Motion by C. Mercier, seconded by C. Mendonca “to waive full reading.” So voted. Motion by C. Lorrey seconded by C. Mendonca “to refer to public hearing on September 10, 2013 at 7 PM.” So voted. Order - 60 day trial (Phebe Ave). In Council, Read twice, Motion by C. Leahy, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Martin, seconded by C. Mendonca. Adopted on roll call vote 9 yeas. So voted. Vote - Authorize C/M Execute Access Easement (77&61 Perkins Street) One Perkins Street, LLC. In Council, Read twice, Motion by C. Martin, seconded by C. Lorrey “to waive full reading.” So voted. Motion “to adopt” by C. Mercier, seconded by C. Martin. Adopted on roll call vote 9 yeas. So voted. Ordinance - Amend Ch. 260 entitled “Trees”. In Council, Given 1st Reading, Motion by C. Nuon, seconded by C. Mercier “to waive full reading.” So voted. Motion by C. Kennedy seconded by C. Martin “to refer to Environment Subcommittee.” So voted. Loan Order - ($40,000,000.00) Wastewater. In Council, Given 1st Reading, Motion by C. Mendonca, seconded by C. Martin “to waive full reading.” So voted. Motion by C. Elliott, seconded by C. Kennedy “to refer to Finance Subcommittee on September 3, 2013 at 6 PM along with presentation.” Adopted on roll call vote 5 yeas, 4 nays (C. Lorrey, C. Mendonca, M. Murphy, C. Nuon). So voted. Loan Order - ($22,800,000.00) Water. In Council, Given 1st Reading, Motion by C. Mercier, seconded by C. Mendonca “to waive full reading.” So voted. Motion by C. Elliott, seconded by C. Kennedy “to refer to Finance Subcommittee on September 3, 2013 at 6 PM along with presentation.” Adopted on roll call vote 5 yeas, 4 nays (C. Lorrey, C. Mendonca, M. Murphy, C. Nuon). So voted. Motion by C. Elliott, seconded by C. Kennedy “to refer items #23(Loan Order), #24(Loan Order) and #25(Vote OPEB) to Finance Subcommittee on September 3, 2013 at 6 PM along with presentation.” Motion amended by C. Elliott, seconded by C. Kennedy to delete item #25(Vote OPEB) from referring to Finance Subcommittee and only refer Loan Order items #23 and #24. So voted. Manager noted time restraints and commented that the Vote OPEB has been discussed many times and has been before Finance Subcommittee prior and was supported. C. Mercier noted that the vote was merely a transfer. C. Kennedy noted a motion to refer is not a motion to delay and there is a need for more information on the vote. Manager commented that his office has been more than forthcoming with information to the body. C. Lorrey requested information from the Finance SC. C. Mendonca outlined the history before the Finance SC. C. Kennedy noted there was never a discussion about the amount of money being transferred. Manager commented there is a need to reduce the risk of unfunded liability. C. Martin commented the Manager has made it clear that he would want the whole amount of money to be transferred by the vote. C. Kennedy stated there may be better alternatives that could be explored. C. Lorrey noted the State is encouraging such action. Vote - Appropriate $7.8 Million (OPEB Trust Fund). 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. Nuon. Adopted on roll call vote 8 yeas, 1 nay (C. Kennedy). So voted. Vote - Authorize City Manager Execute Amended and Restated Intermunicipal Agreements for 25 years. In Council, Read twice, Motion by C. Mercier, 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. Manager outlined reasons for the vote. Atty. Leon representing the City addressed the body and reviewed handout provided. (See Attachment #1: Intermunicipal Agreement Lowell, Chelmsford, Dracut, Tewksbury & Tyngsborough – Key Components) REPORTS (Sub/Committee, if any) C. Mendonca called Finance Subcommittee for September 3, 2013 at 6 PM for discussion of loan orders and other referred matters. C. Lorrey commented on cancellation of Education Partnerships Subcommittee. C. Lorrey noted there would be an Education Partnerships SC on September 24 regarding Middlesex Community College. GENERAL PETITIONS Misc. - Tina Smith request (1) handicap parking sign at 62 West 6th Street. In Council, Motion by C. Mercier, seconded by C. Nuon, “To refer to Traffic Engineer as amended.” So voted. Motion to Amend to 60 day trial by C. Mercier, seconded by C. Nuon. So voted. Misc. - Luis Nieves request (1) handicap parking sign at 54 Pond Street. In Council, Motion by C. Mercier, seconded by C. Nuon, “To refer to Traffic Engineer as amended.” So voted. Motion to Amend to 60 day trial by C. Mercier, seconded by C. Nuon. So voted. MOTIONS By C. Leahy/C. Kennedy – “Req. City Mgr. explore the feasibility of partnering with a private entity to open a children’s museum in the City of Lowell.” In Council, read and referred to the Manager. So voted. C. Leahy noted it was good for children. C. Kennedy commented it was a good attraction to bring people downtown. By C. Leahy - “Req. City Mgr. provide update on relocation of Methadone Clinic.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. City Solicitor noted the matter was in litigation. C. Mercier commented on the need for the clinic. By C. Leahy - “Req. City Mgr. provide report from the proper department that is working with owners of the Methadone Clinic for alternative solutions if Stedman Street location is not viable.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Leahy noted the need to get the proper placement of the clinic in the City. By C. Leahy - “Req. that the City Health Dept. work with the Lowell Public Schools to ensure that twice a year a alcohol and drug prevention presentation takes place.” In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. C. Leahy noted the message needs to get out to the children. C. Mercier commented the Health Department is involved in the issue and do an excellent job. C. Leahy commented the approach must be aggressive. By C. Mercier - “Req. City Mgr. arrange a meeting between police, neighborhood groups, City Council, City Planners, etc. to discuss strategy, goals, ideas on ways to address violence, limiting liquor licenses, maintaining safety and our city’s overall image.” In Council, seconded by C. Nuon, read and referred to the Manager. So voted. C. Mercier noted the City must be diligent in keeping City safe with a good reputation. By C. Kennedy - “Req. that the City Mgr. provide a report on any difficulty in filling police details as requested by eating and drinking establishments and explain the Police Departments failure to provide a requested police detail on the weekend of August 16th to 18th.” In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Kennedy commented the perception of the City must be safe and part of that is providing police details and if details cannot be provided need to search alternatives. Motion to Suspend Rules to take items # 43 out of order by C. Elliott, seconded by C. Kennedy. So voted. By C. Elliott - “Req. City Mgr. report on downtown violence.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott commented it is not placing blame but there is a concern regarding down town that must be addressed. Manager noted that the administration is not complacent with the situation down town. C. Elliott commented there should be more police on street and less administration. C. Martin would welcome any reports and noted that new procedures have been effective though not perfect. C. Lorrey questioned the number of liquor licenses available in the City. Motion to Suspend Rule 5 of the City Council Rules to extend debate beyond 10 PM by C. Mercier, seconded by C. Mendonca. Adopted on roll call vote 8 yeas, 1 nay (C. Mercier). So voted. By C. Mendonca - “Req. the City Manager report to the Economic Development Subcommittee on DPD’s Economic Development activities in the past year and planned activities for the next few months ” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Mendonca noted it would be good to highlight the activity in the department along with roadmap for Council and public and forward reports to Economic Development Subcommittee. By C. Mendonca - “Req. that the City Clerk and the City Manager provide an update to the Council on the implementation of Agenda.Net.” In Council, seconded by C. Nuon, read and referred to the Manager/City Clerk. So voted. C. Mendonca noted need for update. EXECUTIVE SESSION 2. Executive Session to consider the acquisition of real property since public discussion of such negotiations may have a detrimental effect on the negotiating position of the public body. In City Council, Mayor informed public of reason to enter Executive Session, Motion by C. Mendonca, seconded by C. Mercier to enter session. Roll call vote, 9 yeas. So voted at 10:05 PM. Mayor informed public the body would adjourn from the Executive Session. Motion to Adjourn by C. Elliott, seconded by C. Mercier. So voted. Adjourn at 10:47 PM. Michael Q. Geary City Clerk Attachment #1: Intermunicipal Agreement Lowell, Chelmsford, Dracut, Tewksbury & Tyngsborough – Key Components