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: Dec 10, 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 / 437 - Citation - To Align Credit Union in recognition of being named one if the top places to work by the Boston Globe Magazine. Recognition - Owners of Pawsitive Thoughts, a new pet store downtown. Roll call showed 8 present, 1 absent (C. Leahy). Mayor Murphy Presiding. C. Mercier requested moment of silence in darkened chamber for Nelson Mandela and all others who have passed in the City of Lowell for the prior week. M. Murphy noted remembrance celebration planned. M. Murphy read citations and presented to representatives of Align Credit Union and to Pawsitive Thoughts whom each addressed the Council. CITY CLERK 2. - CITY CLERK 2.1. 2013 / 438 - Minutes of City Council Meeting December 3rd, Zoning SC December 3rd, Education Partnerships SC December 5th, for acceptance. In Council, Minutes read, accepted and placed on file by Motion of C. Nuon, seconded by C. Mendonca. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 12) GENERAL PUBLIC HEARINGS 3. - GENERAL PUBLIC HEARINGS 3.1. 2013 / 451 - Vote - Adopt Minimum Residential Factor. In Council, Read twice and hearing held. No Remonstrants. Hearing closed. Motion by C. Lorrey, seconded by C. Mercier “To waive the full reading”. So voted. C. Mendonca thanked the Assessor for the information provided regarding other cities and towns. C. Mendonca commented on the shift and the effect on residential and commercial tax rates and the need to be wary of commercial tax rate increases as well as stability on the residential side. Manager noted the tax rate and that it will be difficult going forward in holding that line. 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. Lorrey, Martin E. x Martin Jr., William F. x Mercier, Rita M. x x Nuon, Vesna E. x x COMMUNICATIONS FROM THE CITY MANAGER 4. - COMMUNICATIONS FROM THE CITY MANAGER 4.1. 2013 / 434 - Communications from the City Manager - Motion Responses and Informational Items Motion Responses A. Develop Application for Planning Staff to Attend 2014 EcoDistrict Incubator B. Feasibility of 30 Minute Parking in Front of 599 Central Street C. Provide Update on Efforts to Fill Freudenberg Building D. Board and Commission Openings City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 12) E. Develop Informational Welcome Kit for New or Returning Residents F. Remind LHA Director to Provide Monthly Audit Reports G. Verbal - Provide List of Locations where Medical Marijuana Dispensaries have been Proposed Petition Responses H. Handicap Parking Sign at 55 Parker Street In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Nuon. So voted. Motion Responses A. Develop Application for Planning Staff to Attend 2014 EcoDistrict Incubator. No comments. B. Feasibility of 30 Minute Parking in Front of 599 Central Street. No comments. C. Provide Update on Efforts to Fill Freudenberg Building. C. Elliott noted the report. Manager commented they were working with the owners of the building and there are strong leads in place. Adam Baacke (DPD) noted the various incentives that are available for development. C. Lorrey commented on UML space for research. Mr. Baacke commented that when business comes into Lowell for a certain space they may often times end up in a different space in the City. Manager noted the role of economic development team. C. Kennedy questioned how information is going out to the public for what is available. Mr. Baacke outlined data base and how it is used. C. Kennedy noted the more information the better. D. Board and Commission Openings. No comments. E. Develop Informational Welcome Kit for New or Returning Residents. No comments. F. Remind LHA Director to Provide Monthly Audit Reports. C. Kennedy questioned if there were discussions with director regarding reports. Manager noted there should be monthly reports issued. C. Lorrey noted continued assistance to housing authority during audits. G. Verbal - Provide List of Locations where Medical Marijuana Dispensaries have been Proposed. No comments. Petition Responses H. Handicap Parking Sign at 55 Parker Street. No comments. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 12) 4.2. 2013 / 450 - Communication-Accept Resignation of Kevin Ahern (ZBA) In Council, read, accepted and placed on file by Motion of C. Nuon, seconded by C. Mendonca. So voted. 4.3. 2013 / 444 - Communication-Appoint Van Pech to full member (ZBA)-fill term vacated by resignation of Kevin Ahern In Council, read and adopted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x x Elliott, Rodney M. x Kennedy, Edward J. x Leahy, John J. Lorrey, Martin E. x Martin Jr., William F. x Mercier, Rita M. x Nuon, Vesna E. x x VOTES FROM THE CITY MANAGER 5. - VOTES FROM THE CITY MANAGER 5.1. 2013 / 439 - Vote-Apply/Accept/Expend Grant ($858,455) HUD Homeless Assist. Svcs. In Council and read twice. Motion to “waive full reading” by C. Nuon, seconded by C. Mendonca. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 12) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x x Elliott, Rodney M. x Kennedy, Edward J. x Leahy, John J. Lorrey, Martin E. x Martin Jr., William F. x Mercier, Rita M. x x Nuon, Vesna E. x 5.2. 2013 / 440 - Vote-Accept/Expend Grant ($4,750) DHCD-Homeless Youth In Council and read twice. Motion to “waive full reading” by C. Lorrey, 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. Lorrey, Martin E. x x Martin Jr., William F. x Mercier, Rita M. x Nuon, Vesna E. x x 5.3. 2013 / 442 - Vote-Declare Surplus and convey 211 Pawtucket Street to UML In Council and read twice. Motion to “waive full reading” by C. Lorrey, seconded by C. Martin. So voted. Manager outlined the vote commenting it was property near new bridge a UML. C. Lorrey spoke to the location and the size of the area. Mr. Baacke noted the land was constrained due to its location and development would be difficult and the property was never on tax roll in City. C. Mercier questioned representatives from UML regarding gas station near the property. C. Mercier noted this would be another property that UML takes of tax base. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 12) 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. Lorrey, Martin E. x Martin Jr., William F. x x Mercier, Rita M. x Nuon, Vesna E. x x ORDERS FROM THE CITY MANAGER 6. - ORDERS FROM THE CITY MANAGER 6.1. 2013 / 441 - Order-60 day trial (various) In Council and read twice. Motion to “waive full reading” by C. Martin, seconded by C. Lorrey. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Murphy, Patrick O. x Mendonça, Joseph M. x x Elliott, Rodney M. x Kennedy, Edward J. x Leahy, John J. Lorrey, Martin E. x Martin Jr., William F. x Mercier, Rita M. x Nuon, Vesna E. x x REPORTS (SUB / COMMITTEE, IF ANY) 7. - REPORTS (SUB / COMMITTEE, IF ANY) City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 12) 7.1. 2013 / 445 - Finance SC December 10, 2013. In Council, C. Mendonca outlined the Finance SC meeting and issued the report regarding various discussions which included overtime for fire department, free cash and stabilization fund. C. Mendonca noted the subcommittee recommended to establish the stabilization fund and to transfer free cash amount as recommended by Manager. Motion by C. Martin, seconded by C. Nuon “to accept the recommendation of the subcommittee.” So voted. Motion by C. Martin, seconded by C. Nuon “to adopt Vote-Establish Pension Assessment Stabilization Account and Transfer ($3,061,380) to mitigate future pension assessments.” Adopted on Roll Call Vote 8 yeas, 1 absent (C. Leahy). So voted. Motion by C. Nuon, seconded by C. Lorrey to accept and adopt the report as a report of progress. So voted. 7.2. 2013 / 446 - Education Partnerships SC December 5, 2013. In Council, C. Lorrey outlined the Education Partnerships SC meeting discussing representation on the Lowell Voke School Board. C. Kennedy noted that subcommittee recommends that the Law Department begin litigation on matter as the subcommittee has done all that it can do with issue and there is no consensus among the parties. Motion by C. Lorrey, seconded by C. Kennedy “to accept the recommendation of the subcommittee.” So voted. Motion by C. Nuon, seconded by C. Mendonca to accept and adopt the report as a report of progress. Adopted on Roll Call Vote 8 yeas, 1 absent (C. Leahy). So voted. PETITIONS 8. - PETITIONS 8.1. 2013 / 457 - Misc. - Hansa A. Patel request drop-off/pick-up sign and loading sign at 664 Lakeview Ave. In City Council, referred to Traffic Engineer by Motion of C. Nuon, seconded by C. Mendonca. So voted. 8.2. 2013 / 452 - Misc. - Edward Chartier request Handicap Parking Sign @116 Lewis Street. In City Council, referred to Traffic Engineer as amended by Motion of C. Mercier, seconded by C. Mendonca. So voted. C. Mercier amended to 60 day trial with no objection. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 12) 8.3. 2013 / 454 - National Grid - Underground electric conduit at 580 Chelmsford Street. In City Council, Given 1st Reading, referred to public hearing on January 7, 2014 at 7 PM by Motion of C. Mendonca, seconded by C. Martin. So voted. CITY COUNCIL - MOTIONS 9. - CITY COUNCIL - MOTIONS 9.1. 2013 / 447 - C. Elliott – Req. City Mgr. provide update on methadone clinic litigation. In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Elliott noted article in paper and commented there was a need for more information on the litigation or any agreements. C. Elliott requested copies of letters sent from the State Board of Health and called for more Council involvement in the matter. Manager noted there were meetings in which the Council was made aware regarding discussions. C. Elliott commented he had no knowledge of an agreement. C. Kennedy noted there was a meeting some time ago and perhaps updating was needed as to any changes and that this is an example of need for Executive Session on litigation matters. 9.2. 2013 / 453 - C. Kennedy – Req. City Mgr. survey the amount and percentage of vacant retail space in the Central Business District and provide a report to Council regarding current economic conditions in the downtown along with recommendations and efforts to improve the retail climate in the Central Business District. In Council, seconded by C. Mercier, read and referred to the Manager. So voted. C. Kennedy noted vacancies downtown and that the trend does not seem good and work needs to be done to reverse the trend. Motion by C. Kennedy, seconded by C. Lorrey “to suspend rules to allow Councillor-Elect Corey Belanger to address Council.” So voted. Councillor-Elect Belanger commented on vacancies in the downtown. Manager commented on the vacancies and noted it was not a high percentage but there should always be work towards filling store fronts. C. Elliott noted there should be efforts to keep businesses in the City as well as bringing in new businesses. C. Elliott noted Venture Fund at the LDFC. Manager commented on the Venture Fund. C. Lorrey commented on mix of business and residential use downtown. C. Kennedy commented the City should have been better prepared for UML bookstore moving as they were aware of the move for some time. C. Lorrey noted the need is to get consumers downtown. C. Martin noted constant attempt to get consumers downtown. C. Kennedy noted it is difficult to keep the district City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 12) vibrant and that was the meaning behind the motion. C. Mercier noted there is a need to partner with businesses in the area. Manager noted there is constant contact with businesses downtown. C. Elliott noted it was a good open discussion that should not be viewed a negative. M. Murphy relinquished Chair to Vice-Chair Mendonca at 8:10 PM. M. Murphy commented on motion noting it is the responsibility of the Council to make suggestions for solutions and not just look to the Manager. M. Murphy noted that walkability in the City is a key to a vibrant downtown and that the nature of any economy is business in business out. M. Murphy remained on floor to address his pending motions. 9.3. 2013 / 455 - M. Murphy - Req. Mgr. report on removal of Gorham Street trees on old Butler School property without public hearing, and suggested revision of tree ordinance to explicitly include trees that are for mitigation or part of site plan review conditions. M. Murphy - Req. Mgr. evaluate city preparedness to participate in next round of Solarize Mass program, and prepare application to DOER for energy manager grant. M. Murphy - Req. Mgr. review ordinance regulating park activity during the winter and associated lighting, in order to promote more year-round use and enhance public safety. M. Murphy - Req. Mgr. and Police Supt. report on current efforts supporting Department of Justice notion of justice reinvestment and any opportunities for enhancement. M. Murphy - Req. Mgr. report on potential redesign of the Sampson Connector (Thorndike/Dutton Streets onto Father Morrissette Blvd) as a multimodal corridor between the Lowell Connector and VFW highway, and as a gateway to the downtown. M. Murphy - Req. Mgr. re-evaluate one-way streets in neighborhoods besides the downtown with a view toward improving traffic diffusion, safety and, in some areas, economic development. M. Murphy - Req. Mgr. and Parking Enterprise explore the potential of partial retrofit/redevelopment of the first floors of the municipal garages for commercial space to be leased. M. Murphy - Req. Mgr. report on potential of a split rate property tax which is weighted more heavily on land rather than buildings, and any required legislative changes to enable such a transition. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 12) M. Murphy - Req. Mgr. report on removal of Gorham Street trees on old Butler School property without public hearing, and suggested revision of tree ordinance to explicitly include trees that are for mitigation or part of site plan review conditions. In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy noted the changes to the tree ordinance along with the recent development at the Butler School in which trees were removed without discussion. M. Murphy - Req. Mgr. evaluate city preparedness to participate in next round of Solarize Mass program, and prepare application to DOER for energy manager grant. In Council, seconded by C. Mercier, read and referred to the Manager. So voted. M. Murphy noted the motion was straight forward. M. Murphy - Req. Mgr. review ordinance regulating park activity during the winter and associated lighting, in order to promote more year-round use and enhance public safety. In Council, seconded by C. Mercier, read and referred to the Manager. So voted. M. Murphy noted the current ordinance sets time for lighting and a change should be reviewed so that they may be lit later for safety reasons and to promote walkability. C. Lorrey noted the lighting in the parks. C. Mercier commented the times were adjusted by sunsets. M. Murphy - Req. Mgr. and Police Supt. report on current efforts supporting Department of Justice notion of justice reinvestment and any opportunities for enhancement. In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy commented on memo from Department of Justice noting the establishment of different partnerships. M. Murphy - Req. Mgr. report on potential redesign of the Sampson Connector (Thorndike/Dutton Streets onto Father Morrissette Blvd) as a multimodal corridor between the Lowell Connector and VFW highway, and as a gateway to the downtown. In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy commented it would promote brining people downtown and connecting different areas in the City. Manager commented on need of better connection in the City. M. Murphy - Req. Mgr. re-evaluate one-way streets in neighborhoods besides the downtown with a view toward improving traffic diffusion, safety and, in some areas, economic development. In Council, seconded by C. Martin, read and referred to the Manager. So voted. M. Murphy commented the street grid as a system should be evaluated to reduce one way streets to better deal with safety and traffic issues. M. Murphy - Req. Mgr. and Parking Enterprise explore the potential of partial retrofit/redevelopment of the first floors of the municipal garages for commercial space to be leased. In Council, seconded by C. Lorrey, read and referred to the Manager. So voted. M. Murphy noted the Early Garage success with the design. Manager noted concern of private retail space in the public building. C. Mercier commented on leasing parking spaces to private entities. M. Murphy noted there would be different needs for different spaces. M. Murphy - Req. Mgr. report on potential of a split rate property tax which is weighted more City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 11 of 12) heavily on land rather than buildings, and any required legislative changes to enable such a transition. In Council, seconded by C. Nuon, read and referred to the Manager. So voted. M. Murphy commented on splitting the rate between land and building, taxing the land at one rate and the building at a different one. M. Murphy noted it would be incentive for owners to keep up their buildings. M. Murphy noted legislative change is needed. C. Kennedy requested literature regarding the proposal. Motion by C. Elliott, seconded by C. Nuon “to take the remaining CITY COUNCIL MOTIONS – UNANSWERED / NON-RESPONSIVE as one and to second all and refer them to the City Manager.” So voted. CITY COUNCIL - UNANSWERED/NON- RESPONSIVE 10. - CITY COUNCIL - UNANSWERED/NON-RESPONSIVE 10.1. 2013 / 448 - C. Elliot – Req. City Mgr. report on the police informants. 10.2. 2013 / 449 - C. Elliott – Req. City Mgr. report on cell block police procedures. 10.3. 2013 / 456 - M. Murphy - Req. Mgr. develop comprehensive walkway improvement plan to address sidewalk, crosswalk, street tree needs with priority given to areas around schools, neighborhood business districts, and concurrent street improvements; and incorporate into the overall capital plan. Also requests efforts to maintain walkability of infrastructure through enforcement--targeted, if necessary, to school and business district areas-- of current city ordinances. M. Murphy - Req. Mgr. provide analysis of school and municipal human resource departments, and potential adoption of MGL 71, section 37M allowing for the consolidation of administrative functions within a city. M. Murphy - Req. Mgr. conduct and map analysis of land uses on city's waterfront (rivers, canals, brooks) and identify specifically which parcels are city-owned and open for public use. M. Murphy/C. Nuon - Req. Mgr. report on adoption of local apprenticeship requirements for projects of a certain size, similar to state requirements for ARRA funds, in order to increase the long-term impact of public investment. M. Murphy - Req. City Mgr. and Solid Waste/Recycling Committee report City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 12 of 12) back revised recycling ordinance changes and draft a proper vote. M. Murphy - Req. 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. ADJOURNMENT 11. - Time for meeting to stand adjourned. Motion to Adjourn by C. Lorrey, seconded by M. Murphy. So voted. Adjourn at 8:45 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov