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 15, 2016 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA CITY CLERK 1. - CITY CLERK 1.1. 2016 / 712 - Minutes of Zoning SC November 8th; City Council Meeting November 8th, for acceptance. Roll Call showed 8 present, 1 absent (C. Elliott). Mayor Kennedy presiding. In City Council, minutes read, Motion “To accept and place on file” by C. Samaras, seconded by C. Rourke. So voted. GENERAL PUBLIC HEARINGS 2. - GENERAL PUBLIC HEARINGS 2.1. 2016 / 665 - Ordinance-Amend Zoning-Extend GI District-north side of Industrial Avenue In City Council, Given 2nd Reading and Motion to delay to no later than December 6, 2016 by C Leary, seconded by C. Leahy. So voted. Public hearing held. Speaking in favor was Sandra McNamara; Ken Harkins; and Sam Poulten. Speaking in opposition was Christine Sykes; Laurie Weedon; a representative of the Bruce Freeman Rail Trail; Paul Marion; Jane Calvin; Mindy Dopler; and Armand Hebert. C. Leary requested further information regarding easement between the parties. Manager Murphy outlined plan and easement. Cl. Leary noted the agreement for an easement and requested information on time line for purchase. Atty. Nyman, representing the petitioner, commented on project and the use of easements. C. Mercier noted the need to strike a balance between the parties which may need additional time. C. Samaras noted the economic issue as well as the quality of life issue raised. Manager Murphy noted that they would search alternate solution to connect the parcels by way of easement. C. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 8) Rourke noted that the area has been untouched for many years and now there is an opportunity to develop it. C. Milinazzo noted the delay is unfair to the petitioner and commented that they are willing to work with opposition on all issues. C. Belanger noted the petitioner has move through the process correctly and that they have no control even if vote is delayed. C. Rourke noted the time frame was tight and it should be acted on quicker than proposed. C. Leary commented that it was not his intent to quell any deal and that he would need better picture of time frame to decide. C. Leahy noted one week delay would not hinder the process. C. Belanger noted that the public have had their say on the matter. C. Mercier requested that all sides should be notified. C. Milinazzo noted that opposition faction should be available for easement discussions. C. Belanger requested that members do site review of the area. COMMUNICATIONS FROM THE CITY MANAGER 3. - COMMUNICATIONS FROM THE CITY MANAGER 3.1. 2016 / 731 - Motion Responses: (A) Placing Defibrillators (B) Upham Street (C) Plain Street Realignment (D) Joann and Drew Weber Way Informational: (E) School Building Repair In Council, Motion “To accept and place on file” by C. Leary, seconded by C. Leahy. So voted. C. Samaras commented on Motion Response A regarding defibrillators noting adequate placement and training and requesting that the Lowell Housing Authority establish a program for them. Manager Murphy noted the housing authority was moving forward on the program. Fire Chief Winward (LFD) commented on the program. C. Leahy questioned the maintenance of the machines. Lt. Ready (LFD) commented on costs and inspections of each unit. C. Mercier commented on Motion Response B regarding Upham Street noting the clarity of the report. C. Leahy commented on Motion Response C regarding Plain Street re-alignment noting finality of the plans and the progress being made. C. Mercier commented on Motion Response D regarding naming rights for Webbers noting the reluctance of UMass-Lowell to participate in the endeavor. Manager Murphy outlined the process for going along with UMass-Lowell and that an alternative plan would be quicker. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 8) Manager Murphy discussed Informational Response E regarding school buildings repairs noting recent subcommittee meeting and the process for maintaining the buildings. C. Leary questioned budgeting for use of modular classrooms in the future. M. Kennedy commented on current plans to use modular classrooms and the search for additional space for needs. C. Leahy questioned paving in the Melrose Ave. area. Manager noted priority for the area in the spring. 3.2. 2016 / 728 - Communication-Correspondence from LTC regarding update on LTC Board Members for City Council and Manager's Appointees. In Council, Motion “To accept and place on file” by C. Rourke, seconded by C. Leary. So voted. 3.3. 2016 / 714 - Communication - Planning Board recommendation with respect to a Proposed Amendment extending the existing General Industrial (GI) zoning district to include an area presently zoned High Rise Commercial (HRC) comprising an area of 59, 945 +/- sq. ft. off Industrial Avenue. In Council, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Mercier. So voted. 3.4. 2016 / 713 - Communication - City Mgr. request Out of State Travel (1) LPD; and (1) Mayor. In Council, read and adopted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. Leahy, John J. x Leary, James x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x VOTES FROM THE CITY MANAGER 4. - VOTES FROM THE CITY MANAGER City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 8) 4.1. 2016 / 726 - Vote-Authorize City Manager to Execute Limited Access Agreement - 91 Arlene Rd. In Council, read twice, waived full reading and adopted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. Leahy, John J. x Leary, James x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x Samaras, William x x 4.2. 2016 / 727 - Vote-Authorize City Manager Execute Limited Access Agreement-85 Arelene Rd. In Council, read twice, waived full reading and adopted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. Leahy, John J. x Leary, James x Mercier, Rita M. x Milinazzo, James L. x x Rourke, Daniel P. x x Samaras, William x 4.3. 2016 / 730 - Vote-Apply/Accept/Expend $1.2M from FEMA's Assistance to Firefighters Grant Program to replace an aging ladder fire and rescue truck In Council, read twice, waived full reading and adopted. C. Rourke questioned the purchase of turn out gear for the fire department. Fire Chief Winward noted that next grant would be used to purchase such gear for the whole department. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 8) VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. Leahy, John J. x x Leary, James x Mercier, Rita M. x x Milinazzo, James L. x Rourke, Daniel P. x Samaras, William x ORDERS FROM THE CITY MANAGER 5. - ORDERS FROM THE CITY MANAGER 5.1. 2016 / 729 - Order-60 day trial (various) In Council, read twice, waived full reading and adopted. VOTING Committee Member YES NO ABSTAIN RECUSE MOTION SECONDED Kennedy, Jr, Edward J. x Belanger, Corey x Elliott, Rodney M. Leahy, John J. x Leary, James x Mercier, Rita M. x Milinazzo, James L. x Rourke, Daniel P. x x Samaras, William x x REPORTS (SUB / COMMITTEE, IF ANY) 6. - REPORTS (SUB / COMMITTEE, IF ANY) In Council, C. Milinazzo commented that the Zoning SC would be meeting with neighborhood groups to discuss current amendments to code and that a Saturday meeting was possible. C. Rourke noted Transportation SC would be meeting December 13 th. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 8) PETITIONS 7. - PETITIONS 7.1. 2016 / 725 - Claim - (1) property. In Council, read and Motion to refer to Law Department for report and recommendation by C. Rourke, seconded by C. Leary. So voted. 7.2. 2016 / 717 - Misc. - Tammie Packard on behalf of Normand Boucher request installation of (1) handicap parking sign at 116 Coburn Street. In Council, read and Motion to refer to Traffic Engineer, as amended, for report and recommendation by C. Mercier, seconded by C. Rourke. So voted. C. Mercier amended to 60 day trial without objection. 7.3. 2016 / 715 - Misc. - Saleh Aliwi request installation of four 30 minute parking spots at 226 Appleton Street. In Council, read and Motion to refer to Law Department for report and recommendation by C. Milinazzo, seconded by C. Rourke. So voted. 7.4. 2016 / 716 - Misc. - Kennith Harkins request permission to speak to City Council regarding water bill for St. George Greek Orthodox Church at 44 Princeton Blvd. In Council, Mr. Harkins addressed the Council regarding the water bill and noted he was working with group to resolve and thanked all for their work and input. Matter to remain in Manager’s office for resolution. CITY COUNCIL - MOTIONS 8. - CITY COUNCIL - MOTIONS 8.1. 2016 / 718 - C. Mercier - Req. City Mgr. have Traffic Engineer explore and find a solution to the parking of cars on both sides of Perry Street closest to Rogers Street end. In Council, seconded by C. Milinazzo, read and referred to City Manager. So voted. C. Mercier noted the safety issue and the Traffic Engineer should review matter and ensure all are following any restrictions placed on parking. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 8) 8.2. 2016 / 719 - C. Rourke/C. Leahy - Req. City Mgr. instruct LPD to issue citations to vehicles that block intersections throughout the City. In Council, no second needed, read and referred to City Manager. So voted. C. Rourke noted the problem with congested traffic through intersections needs to be improved. C. Leahy noted the back up and that there should be ticketing when regular traffic restrictions are not working. 8.3. 2016 / 720 - C. Leahy - Req. City Mgr. extend yard waste pick-up for this year, if necessary. In Council, seconded by C. Mercier, read and referred to City Manager. So voted. C. Leahy noted the need to extend the season. 8.4. 2016 / 721 - C. Leary - Req. City Mgr. provide a preview of the new city government website before the Technology and Utility SC. In Council, seconded by C. Rourke, read and referred to City Manager. So voted. C. Leary commented on the need to see how website would improve public interactions. 8.5. 2016 / 722 - C. Leary - Req. City Mgr. provide an updated financial analysis regarding the effect that the new high school will have on debt service. The report should include a point in time analysis of prior school building projects that have recently been removed from the debt service. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Leary noted the need to see financials to know what type of high school is to be built. Manager Murphy noted it was a critical time for the project and that Finance SC should review how much money and how it is spent for the new facility. 8.6. 2016 / 723 - C. Leary - Req. City Mgr. work with appropriate department in order to determine the feasibility of placing a four way stop sign at the corner of Oak Street and Fort Hill Avenue. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Leary noted the traffic warrants a review of the matter. 8.7. 2016 / 724 - C. Leary - Req. City Mgr. review the feasibility for allowing payments of required license and permitting fees to be completed online. In Council, seconded by C. Leahy, read and referred to City Manager. So voted. C. Leary noted that the best practice for payment should be used. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 8) ANNOUNCEMENTS 9. - ANNOUNCEMENTS In City Council, C. Mercier commented on the improvements at the Lowell Memorial Auditorium. ADJOURNMENT 10. - Time for meeting to stand adjourned. Motion to Adjourn by C. Rourke, seconded by C. Samaras. So voted. Meeting adjourned at 8:05 PM. Michael Q. Geary, City Clerk City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov