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: Feb 04, 2014 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 2. 2014 / 92 - Minutes of City Council Meeting January 28th, for acceptance. Roll call showed 9 present. Mayor Elliott Presiding. In Council, Minutes read, accepted and placed on file by Motion of C. Samaras, seconded by C. Leahy. So voted. UNFINISHED BUSINESS 3. - UNFINISHED BUSINESS 4. 2014 / 54 - C. Rourke - Req. City Council take from table the following matter: “Communication - Appoint Salmira Mitchell (Pollard Memorial Board of Trustees)”. In Council, Motion to Take from Table adopted on Roll Call vote. So voted. Item removed from table “Communication – Appoint Salmira Mitchell (Pollard Memorial Board of Trustees)” was adopted by Roll Call Vote, 5 yeas, 4 nays (C. Belanger, M. Elliott, C. Kennedy, C. Mercier). So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 9) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x Kennedy, Jr, Edward J. x Leahy, John J. x Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x x Samaras, William x GENERAL PUBLIC HEARINGS 5. - GENERAL PUBLIC HEARINGS 6. 2014 / 20 - Order-Discontinue a portion of Worcester Rd In Council, Given 2nd Reading and hearing held. Hearing closed. Motion to refer matter to Office of City Clerk for 7 days by C. Samaras, seconded by C. Rourke. So voted. No remonstrants. Motion to “waive full reading” by C. Belanger, seconded by C. Kennedy. So voted. Speaking in favor of the order was Atty. Brian Akashian, representing the petitioner/developer of the project. Atty. Akashian outlined the proposal and commented on the number of meetings with city officials and neighbors. Atty. Akashian commented on the building restrictions for new homes on the site. Mr. Fred Gavriel, abutter to site, questioned why the entire street would not be discontinued at this time. Adam Baacke, DPD, noted that the remainder of the street had been discontinued some time ago. Mayor requested Clerk and Law Department research that prior abandonment. C. Leahy questioned the wisdom of the project noting the size of the lots and the frontage and that perhaps only two houses would suffice. Mr. Baacke outlined the consequences of a favorable and unfavorable result in the matter. C. Martin questioned that they can still abandon the entire street if it not already has been done. C. Mercier commented on the historic significance of the home. C. Belanger noted the compromises made by the parties. C. Kennedy noted the lots comply with zoning and that the neighbors have had input in the project. 7. 2014 / 31 - Ordinance-Amend c.222.15 Panhandling in the Downtown Lowell Historic District City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 9) In Council, Given 2nd Reading and hearing held. Hearing closed. Adopted as amended on Roll Call Vote. Motion to “waive full reading” by C. Rourke, seconded by C. Samaras. So voted. Speaking in opposition was Troix Bettencourt, a Lowell resident, who questioned the language in ordinance concerning aggressiveness and exemptions. City Solicitor O’Connor noted the changes regarding aggressive behavior and outlined the ordinance. Mr. Bettencourt commented on aggression. Martin Lorrey, former City Councilor, noted that the ordinance is too limited as compared to what he had proposed. C. Mercier noted the purpose of the ordinance is to protect the needs of businesses in downtown as well as public protection. C. Belanger noted the reasoning for the ordinance. Motion to amend ordinance by adding “garages” in page 2 paragraph 2 of the ordinance by C. Mercier, seconded by C. Milinazzo. Adopted on Roll Call Vote, 9 yeas. So voted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x x Kennedy, Jr, Edward J. x Leahy, John J. x Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x UTILITY PUBLIC HEARINGS 8. - UTILITY PUBLIC HEARINGS 9. 2014 / 5 - National Grid – Electrical Main installation on Industrial Avenue and Stevens Street. In Council, Given 2nd Reading and hearing held. Hearing closed. Motion by C. Mercier, seconded by C. Martin “to refer matter to wire inspector for report and recommendation. So voted. No remonstrants. Speaking in favor was Philip Courcy, representing National Grid, who outlined the project. C. Leahy was informed that the project would run 2-3 months. COMMUNICATIONS FROM THE CITY MANAGER 10. - COMMUNICATIONS FROM THE CITY MANAGER City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 9) 11. 2014 / 98 - Communications from the City Manager Motion Responses (A) Follow up on UML letter to improve lighting at Sheehy lot (B) Verbal motion Howe Bridge traffic congestion Informational Reports (C) Draft Ayer's City Industrial Park Urban Renewal Plan (Tanner Street Area) (D) NPS Law Enforcement Parking In Council, read, accepted and placed on file by Motion of C. Belanger, seconded by C. Kennedy. So voted. Motion Responses (A) Follow up on UML letter to improve lighting at Sheehy lot. No comments. (B) Verbal motion Howe Bridge traffic congestion. No comments. Informational Reports (C) Draft Ayer's City Industrial Park Urban Renewal Plan (Tanner Street Area). Motion “to refer matter to Economic Development SC by C. Milinazzo, seconded by C. Rourke.” So voted. C. Leahy commented on who would be pushing the project once people leave the planning department. Manager outlined the progress of the plan. Adam Baacke (DPD) noted that the individuals who worked on the plan are remaining in the office. Mr. Baacke noted the urban renewal plan need council approval and State approval. C. Mercier questioned neighborhood group involvement in the discussions. Mr. Baacke commented on citizens’ group advisory committee. C. Martin commented on the development of the plan and the time remaining to complete the matter. (D) NPS Law Enforcement Parking. C. Belanger questioned the report and the presence of officers downtown. C. Leahy commented on collaboration of UML and National Park police forces. Celeste Bernardo, Director of National Park, noted the jurisdiction of the police force and the powers to assist local police. Motion by C. Mercier, seconded by C. Milinazzo “to refer matter to Law Department and Traffic Engineer.” So voted. 12. 2014 / 99 - Out of State Travel – Health In Council, read and adopted per Roll Call Vote. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 9) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x Kennedy, Jr, Edward J. x Leahy, John J. x Martin Jr., William F. x Mercier, Rita M. x x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x VOTES FROM THE CITY MANAGER 13. - VOTES FROM THE CITY MANAGER 14. 2014 / 91 - Vote-Temporary License Agreement (91 Pevey St) In Council, read twice and adopted. Motion to “waive full reading” by C. Martin, seconded by C. Leahy. So voted. C. Mercier requested added information concerning the underlying project. Mr. Baacke outlined project and possible future development. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Elliott, Rodney M. x Belanger, Corey x Kennedy, Jr, Edward J. x x Leahy, John J. x x Martin Jr., William F. x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x REPORTS (SUB / COMMITTEE, IF ANY) 15. - REPORTS (SUB / COMMITTEE, IF ANY) 16. 2014 / 93 - Special Meeting 02-03-14. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 9) In Council, read and accepted the report as a report of progress by Motion of C. Mercier, seconded by C. Milinazzo. So voted. M. Elliott recapped the meeting and noted the appointment of acting city manager. C. Belanger noted round table discussion of business leaders in the City and further noted the calling of an Economic Development SC for February 18th at 5:30 PM. C. Milinazzo commented there should be a Zoning SC called to continue discussion of the Rogers St. zoning changes during the month of February. City Solicitor O’Connor introduced new city solicitor, Michael Carlson, to the Council. PETITIONS 17. - PETITIONS 18. 2014 / 94 - Claims (1) claim for property damage. In City Council, referred to Law Department for report and recommendation by Motion of C. Belanger, seconded by C. Kennedy. So voted. 19. 2014 / 95 - Misc. - BMH University, LLC (Atty. James Flood) request license for overhanging sign at 124 University Ave. In City Council, referred to Law Department to draft proper vote by Motion of C. Kennedy, seconded by C. Leahy. So voted. 20. 2014 / 96 - Misc. - 1400 Motors, LLC (Atty. James Flood) request that the SMU zone located adjacent to said parcels, including the property at 1400 and 1422 Gorham Street be extended to include the parcels located at 1422.1 and 1434.1 Gorham St. In City Council, referred to Law Department to draft proper ordinance by Motion of C. Leahy, seconded by C. Martin. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 9) 21. 2014 / 97 - Misc. - Mr. and Mrs. Robert Gordon request to address City Council regarding easement at 135 Beacon St. In City Council, referred to Law Department and City Manager for report and recommendation and to report back to Council by Motion of C. Mercier, seconded by C. Milinazzo. So voted. Claudia Gordon, the petitioner, addressed the Council regarding the project and the issues with responsibility and notice pertaining to the easement. Manager noted the misunderstanding and commented on the process when the City grants and easement. Manager noted the wall was put on City property without authority. City Solicitor O’Connor outlined issues and misunderstanding. 22. 2014 / 100 - National Grid/Verizon NE – Request pole location at 59 South Whipple St. In City Council, referred to public hearing on February 18, 2014 at 7 PM by Motion of C. Martin, seconded by C. Mercier. So voted. CITY COUNCIL - MOTIONS 23. - CITY COUNCIL - MOTIONS 24. 2014 / 101 - C. Rourke – Req. Public Safety SC meet with the police superintendent to explore the implementation of a ShotSpotter program in the City. In Council, seconded by C. Samaras, read and referred to Public Safety SC. So voted. C. Rourke outlined motion and commented on the technology which would assist the police. C. Belanger was impressed with the technology and questioned the funding. C. Rourke outlined funding element. 25. 2014 / 102 - C. Rourke – Req. City Council discuss trash/recycle pick up schedule. In Council, seconded by C. Kennedy, read and discussed on Council floor. C. Rourke commented on pickup and delays due to storms. Manager commented on the various methods of providing information to the citizens, including through website and other notice alerts. 26. 2014 / 103 - C. Milinazzo – Req. City Mgr. report on any outstanding claims against contractors, subcontractors or suppliers associated with the new schools built under the MSBA Program. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 9) In Council, seconded by C. Samaras, read and referred to City Manager. So voted. C. Milinazzo commented when new schools came on line there were problems and just looking to making sure all those problems and costs have been addressed. C. Leahy noted the motion was important and supported it. 27. 2014 / 104 - C. Belanger – Req. City Council refer current parking ordinance to the Economic Development SC for review. In Council, seconded by C. Kennedy, read and referred to Economic Development SC. So voted. Karen Bell, Lowell business owner and registered speaker, addressed Council regarding economic development in the downtown in reference to parking. Manager noted that there would be no enforcement after 4 PM or on Saturdays and that meters in addition to revenue assist in regulating parking. C. Belanger noted the Ethics decision which allowed him to make the motion and commented a review of the ordinance is needed in terms of economic development. C. Mercier noted the motion could be used to assist businesses. C. Kennedy noted support of motion. C. Rourke requested a report to breakdown the parking operation. Manager noted that all income goes to Parking Enterprise and not the General Fund and that the parking ordinance is involved and complex. 28. 2014 / 105 - C. Leahy – Req. City Mgr. provide update regarding meeting with National Grid and Verizon regarding “double” poles, or set date for meeting if applicable. In Council, seconded by C. Kennedy, read and referred to City Manager. So voted. C. Leahy noted the earlier meeting and commented that the pressure should continue to resolve this issue. 29. 2014 / 106 - C. Leahy – Req. City Mgr. provide report regarding all utility work being done by National Grid, including maintenance and emergency repairs on gas lines. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Leahy commented that there should be quick responses when there is an odor of gas in a neighborhood. 30. 2014 / 107 - C. Leahy – Req. City Mgr. have proper department provide update on fire damaged buildings throughout the City, said update to include the status of said buildings. In Council, seconded by C. Martin, read and referred to City Manager. So voted. C. Leahy requested the report and did note progress in the area. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 9) 31. 2014 / 108 - C. Mercier – Req. City Mgr. have proper department properly mark parking spaces on Dublin St. (Council of Aging side) as “Parking for COA Employees Only”. In Council, seconded by C. Rourke, read and referred to City Manager and Traffic Engineer. So voted. C. Mercier noted the request was made some time ago and needs to be followed up on as there is a need for the signs. Motion to Suspend Rules by C. Mercier, seconded by C. Belanger “to address chamber renovation.” So voted. C. Mercier recognized the significant changes and complimented the individuals involved. Manager recognized Mr. Harmon and the DPW crew. M. Elliott noted C. Leahy initiation of the renovations. ADJOURNMENT 32. - Time for meeting to stand adjourned. Motion to Adjourn by C. Samaras, seconded by C. Rourke. So voted. Adjourn at 9:00 PM. Michael Q. Geary City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov