City Council

Office of the City Clerk City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4161 • F: 978.970.4007 www.LowellMA.gov Lowell City Council Michael Q. Geary City Clerk Regular Meeting Minutes Date: Nov 05, 2013 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA MAYOR’S BUSINESS 1. - MAYOR'S BUSINESS 1.1. 2013 / 352 - Communication – Gordon Halm to address Council regarding Eliot Church’s Thanksgiving meal. Roll call showed 9 present. Mayor Murphy Presiding. C. Mercier requested moment of silence in darkened chamber for Richard Sousa and all others who have passed in the City of Lowell for the prior week. In Council, Mr. Halm addressed the Council regarding upcoming event. CITY CLERK 2. - CITY CLERK 2.1. 2013 / 351 - Minutes of City Council Meeting October 29th; Rules SC October 29th; and Economic Development SC October 29th, for acceptance. In Council, Minutes read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Martin. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 8) 2.2. 2013 / 353 - Communication – Request from Board of Parks to install a bronze plaque on the batting cage at Shedd Park in memory of Adam Kennan. In Council, Motion by C. Lorrey, seconded by C. Martin “to approve Board of Parks request.” So voted. C. Martin commented on memorial and the recipient. CITY AUDITOR 3. - CITY AUDITOR 3.1. 2013 / 359 - Communication – LPD Overtime FY13. In Council, read, accepted and placed on file by Motion of C. Martin, seconded by C. Mendonca. So voted. UTILITY PUBLIC HEARINGS 4. - UTILITY PUBLIC HEARINGS 4.1. 2013 / 354 - National Grid – Underground electric to two locations onto property at 585 Merrimack Street. In Council, Given 2nd Reading and hearing held. No Remonstrants. Dave Agawar, representative from National Grid spoke in favor of the petition. Hearing closed. Motion by C. Mercier seconded by C. Nuon “To refer to Wire Inspector for report and recommendation”. So voted. C. Martin voted as present on the matter. 4.2. 2013 / 355 - National Grid and Verizon New England – Pole Location 1 Perkins Street. In Council, Given 2nd Reading and hearing held. No Remonstrants. Dave Agawar, representative from National Grid spoke in favor of the petition. Hearing closed. Motion by C. Martin seconded by C. Mendonca “To refer to Wire Inspector for report and recommendation”. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 8) COMMUNICATIONS FROM THE CITY MANAGER 5. - COMMUNICATIONS FROM THE CITY MANAGER 5.1. 2013 / 349 - Communications from the City Manager - Motion Responses and Informational Items Communication Summary Motion Responses a. LFD Overtime b. Meeting Setup Between City Council and Business Owners c. Update on Trash Contract d. Adoption of the Community Preservation Act e. Prepare Application to Sustainable Cities Design Academy f. Francis P. McGee Way Sign on Boylston St. g. Verbal - Report on Double Poles Petition Response h. Handicap Parking Sign In Council, read, accepted and placed on file by Motion of C. Lorrey, seconded by C. Mendonca. So voted. C. Mercier requested better printout of DPD presentation to the Lowell Plan. C. Martin noted issues with package delivery this week. C. Leahy commented on issues with Council package. a. LFD Overtime. Motion by C. Mendonca, seconded by C. Nuon “to refer matter to Finance SC and Public Safety SC.” So voted. b. Meeting Setup Between City Council and Business Owners. Motion C. Mercier, seconded by C. Mendonca “to refer matter to Economic Development SC for beginning of next year after survey is complete.” So voted. c. Update on Trash Contract. No comments. d. Adoption of the Community Preservation Act. Motion by M. Murphy, seconded by C. Mendonca “to refer matter to Housing SC and Environment SC.” So voted. e. Prepare Application to Sustainable Cities Design Academy. No comments. f. Francis P. McGee Way Sign on Boylston St. C. Mercier commented on installation of sign. g. Verbal - Report on Double Poles. C. Leahy commented on report. Henri Marchand (Asst. City Manager) noted that National Grid and Verizon will be in Council on 12/3/13 with an updated report. Petition Response h. Handicap Parking Sign. No comments. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 8) 5.2. 2013 / 350 - Communications from the City Manager - Out of State Travel Requests 1. DPD - Bridgeport, CT 2. DPW - Brownington, VT VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x Elliott, Rodney M. x Kennedy, Edward J. x Leahy, John J. x Lorrey, Martin E. x x Martin Jr., William F. x Mercier, Rita M. x x Nuon, Vesna E. x VOTES FROM THE CITY MANAGER 6. - VOTES FROM THE CITY MANAGER 6.1. 2013 / 362 - Vote-Auth Mgr Execute Drain Line Easement (113 Wilder St) In Council, read twice, Motion to “waive full reading” by C. Mercier, seconded by C. Mendonca. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x Elliott, Rodney M. x Kennedy, Edward J. x Leahy, John J. x Lorrey, Martin E. x Martin Jr., William F. x x Mercier, Rita M. x Nuon, Vesna E. x x City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 8) 6.2. 2013 / 363 - Vote-Auth Manager Execute Pedestrian Easement w UML and UML Bldg Authority (Broadway and Wilder St) In Council, read twice, Motion to “waive full reading” by C. Mendonca, seconded by C. Martin. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x Elliott, Rodney M. x x Kennedy, Edward J. x x Leahy, John J. x Lorrey, Martin E. x Martin Jr., William F. x Mercier, Rita M. x Nuon, Vesna E. x 6.3. 2013 / 364 - Vote-Auth Mgr Ex. Lease Agreement between City and Visith Nuon d/b/a Jasmine Restaurant for 2 spaces at Leroy St. Parking Lot In Council, read twice, Motion to “waive full reading” by C. Mendonca, seconded by C. Martin. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x Elliott, Rodney M. x Kennedy, Edward J. x Leahy, John J. x Lorrey, Martin E. x x Martin Jr., William F. x Mercier, Rita M. x x Nuon, Vesna E. x ORDERS FROM THE CITY MANAGER 7. - ORDERS FROM THE CITY MANAGER City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 8) 7.1. 2013 / 361 - Order-60 day trial In Council, read twice, Motion to “waive full reading” by C. Nuon, seconded by C. Mercier. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x Elliott, Rodney M. x Kennedy, Edward J. x Leahy, John J. x Lorrey, Martin E. x x Martin Jr., William F. x Mercier, Rita M. x x Nuon, Vesna E. x REPORTS (SUB / COMMITTEE, IF ANY) 8. - REPORTS (SUB / COMMITTEE, IF ANY) 8.1. 2013 / 356 - Wire Insp. - National Grid – (2) Pole Locations Industrial Ave East, Gorham Street (Boston Road). In Council, wire inspector report read and adopted accompanying order by Motion of C. Martin, seconded by C. Lorrey. So voted. PETITIONS 9. - PETITIONS 9.1. 2013 / 357 - Claims (2) claims for property damage; (1) claim personal injury. In City Council, claims referred to Law Department for report and recommendation by Motion of C. Kennedy, seconded by C. Lorrey. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 8) 9.2. 2013 / 365 - Misc. – Dorcas Adorno request (1) handicap parking sign at 111 Agawam Street. In City Council, handicap parking request referred as amended to the Traffic Engineer by Motion of C. Lorrey, seconded by C. Mercier. So voted. C. Mercier amended to 60 day trial with no objections. So voted. CITY COUNCIL - MOTIONS 10. - CITY COUNCIL - MOTIONS 10.1. 2013 / 358 - C. Elliott – Req. City Council discuss practice of allowing “toilet bowls” to be used as planters. In Council, seconded by C. Leahy, read and referred to the Manager and Law Department. So voted. Registered speaker, Taya Dixon Mullane, Lowell resident, commented on the issue and the negative effect on the neighborhood. C. Elliott questioned what can be done by way of ordinance and requested matter be referred to Law Department. C. Elliott noted there should be a common sense approach to this problem property. C. Mercier commented that it is a big issue to those who are affected by the matter. C. Kennedy noted it was a single family rental and that the best approach would be an informal attempt to resolve the matter by the administration. C. Martin noted the retaliatory aspect of the matter is a concern but agreed with an informal approach in trying to resolve the matter. C. Elliott agreed with that approach. City Solicitor O’Connor recognized that approach as well. Mayor Murphy relinquished the Chair to Vice Chair Mendonca at 7:10 PM. 10.2. 2013 / 360 - M. Murphy – Req. City Mgr. report on potential transformation of the Lowell Connector and part of the VFW highway into multimodal boulevards. In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted the Master Plan addressed this issue. M. Murphy outlined history of the connector and commented on the necessity recreate the grid as to increase safety in neighborhoods and to receive environmental benefits as well. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 8) ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by M. Murphy, seconded by C. Lorrey. So voted. Adjourn at 7:15 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov