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: September 12, 2017 Time: 6:30 PM Location: City Council Chamber, 375 Merrimack Street, 2nd Floor, Lowell, MA 1. ROLL CALL Roll Call showed 9 present. M. Kennedy presiding. C. Mercier requested moment of silence in darkened chamber for Martin J. “Mickey” Finn. C. Elliott commented on life of Mr. Finn. 2. CITY CLERK 2.1. Minutes of Ad Hoc Charter Review - Voting District Representation SC August 22nd; City Council Meeting August 22nd; City Council Special Meeting August 31st, for acceptance. In City Council, read, Motion “To accept and place on file” by C. Mercier, seconded by C. Milinazzo. So voted. 3. GENERAL PUBLIC HEARINGS 3.1. Ordinance - Accept Amendment to Code of Ordinances Boating and Watercraft. In City Council, hearing held, hearing closed. Motion to adopt by C. Milinazzo, seconded by C. Mercier. Adopted per Roll Call vote 9 yeas. So voted. Speaking in favor were Supt. Taylor (LPD); Dana Skinner (UML); Ryan Ryke (National Parks); Sgt. Charles Pappas (Harbormaster LPD); Dunbar St. resident; Dave Soleil (UML); Mark DeSousa; Mark Romanowski (Merrimack Rowing Association); Chip Dunn (Lowell Rec); and Mark Giarvis (Lowell Rec). Speaking in opposition were Chris Mottos; John Ritchie; and Daniel Porter. C. Mercier noted the tragedy on the river this past season and that the focus should be on public safety. C. Samaras noted that there would be only a small area of the river affected by the ordinance and commenting on the heavy use of the river. C. Elliott noted that high use areas of the river need protection and regulation. C. Leary noted the high use of the river and the need to look into licensing of the City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 2 of 10) watercrafts as well as increase resources for better policing. C. Belanger noted the fatalities on the river and the need to enforce any regulations. Supt. Taylor commented on enforcement procedures on the river. C. Leahy questioned area where the ordinance would be enforced. Manager Murphy noted the area where ban would take effect. C. Milinazzo commented on enforcement procedures with various partners. Supt Taylor noted that enforcement procedures with different partners are effective. C. Milinazzo commented on the need for compulsory insurance and licensing with the Commonwealth. 3.2. Ordinance - Accept Amendment to Code of Ordinances Pub Crawls. In City Council, hearing held, hearing closed. Motion to adopt, as amended, by C. Mercier, seconded by C. Rourke. Adopted, as amended, per Roll Call vote 9 yeas. So voted. Speaking in favor was Supt. Taylor (LPD). C. Mercier noted that there was no fee required it was just a registration issue. C. Milinazzo questioned role of coordinator. Manager Murphy noted that language should be applicable to employees of the establishments. Motion by C. Milinazzo, seconded by C. Mercier to amend ordinance to clarify language regarding coordinator being an employee. So voted. C. Samaras commented on coordinator and/or organizer responsibility for safety and that they should be sober if in that position. C. Rourke noted need for clarity with definitions and that the establishments would remain responsible for what occurs at their sites. C. Belanger noted his support as the ordinance would not be a detriment to the pubs or to charity crawls that take place. Manager Murphy noted the main thrust of the ordinance is oversight. 4. COMMUNICATIONS FROM CITY MANAGER 4.1. Motion Responses In City Council, read, Motion “To accept and place on file” by C. Milinazzo, seconded by C. Mercier. So voted. C. Elliott requested without objection to take Items #4.4 to #4.9 out of order. So voted. Motion by C. Rourke, seconded by C. Samaras to bundle Items #4.4 to #4.9 and to adopt and place on file. Adopted per Roll Call vote 9 yeas. So voted. (A) Zoning Board of Appeals Procedure for Administrative Review - None. (B) Fire Damaged Property Ordinance – C. Leahy noted that proposed ordinance will move process quicker. Manager Murphy noted the insurance companies are main reason for any delays. Motion by C. Milinazzo, seconded by C. Mercier to refer to Law Department to draft proposed ordinance. So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 3 of 10) (C) Low Riding Car Enforcement - C. Leary noted effort being made on the issue. C. Leahy noted it was an ongoing issue and that may citations have been written. (D) LPD Detention Center Conditions – C. Mercier recognized the report. C. Leahy noted the need upgrade facility and the budgeted money needed for the work. (E) Construction Site Signage – C. Rourke noted the report and the process. Motion by C. Rourke, seconded by C. Milinazzo to refer to Law Department to draft proposed ordinance. So voted. (F) Gervais Property Rail Trail Update – C. Samaras noted the working relationship between business and the City. Manager Murphy commented on the agreement and how it will enhance the bike trail. C. Leary noted the favorable results. C. Belanger commented on progress being made. C. Elliott noted the positive investment for the City. 4.2. Informational (G) Semi-Annual Downtown Vacancy – C. Belanger noted details of the report and encouraged by streel level occupancy and that more work needed to be done to fill upper floors. Allison Lamey (DPD) commented on current practice of sharing commercial spaces. C. Leary noted shared office space is beneficial to new business. C. Leahy noted the need to control homeless population downtown. C. Samaras noted the importance of business retention and networking. C. Belanger noted the need to increase presence downtown and requested a program update of Change for Change Initiative. (H) LowellSTAT Report Health Department – None. 4.3. Communication From the City Manager (I) State of the City Address – Manager Murphy delivered his State of the City Address by providing handout entitled “Year in Review 2017”. Manager Murphy outlined developments in the areas of Economic Development; Public Safety and Education. Manager Murphy outlined areas of economic progress including Hamilton Canal Innovative District; Thorndike Exchange; 11 Canal Place; parking garages and described many new businesses in the City. Manager Murphy noted the accomplishments of the police and fire departments in ensuring increased public safety. Manager Murphy noted increased net spending for schools as well as educational partnerships in the City. Manager Murphy noted that above three elements lend favorably to enhancing the quality of life in the City. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 4 of 10) 4.4. Communication-Accept resignation of William P. Bailey. In City Council, read, Motion “To accept and place on file” by C. Rourke, seconded by C. Samaras. So voted. C. Leary noted years of service by Mr. Bailey. 4.5. Communication-Appoint Chaybunrong L. Pin and Xavier Robbins to Cultural Council. In City Council, read, Motion “To accept and place on file” by C. Rourke, seconded by C. Samaras. So voted. Mr. Pin and Mr. Robbins were present and thanked Council. 4.6. Communication-Appoint Jordan Gys (assoc. member) Planning Board. In City Council, read, Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. Mr. Gys was present and thanked the Council. 4.7. Communication-Appoint Mark Briere (assoc) to Zoning Board of Appeals. In City Council, read, Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. Mr. Briere was present and thanked the Council. 4.8. Communication-Reappoint Dennis McCarthy-ZBA. In City Council, read, Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. 4.9. Communication-Reappt Richard Snetsky-Planning Board. In City Council, read, Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. Mr. Snetsky was present and thanked the Council. 4.10. Communication - City Mgr. request Out of State Travel (2) LPD. In City Council, read, Motion to adopt by C. Leary, seconded by C. Milinazzo. Adopted per Roll Call vote 8 yeas, 1 abstain (C. Samaras). So voted. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 5 of 10) 5. VOTES FROM THE CITY MANAGER 5.1. Vote-Apply.Accept.Expend 49,256.00 Edward Byrne Memorial Justice Assistance Grant (JAG) FY2017. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Leary, seconded by C. Belanger. Adopted per Roll Call vote 8 yeas, 1 abstain (C. Milinazzo). So voted. C. Milinazzo abstained from discussion and vote. 5.2. Vote-Approve TIF Agreement Plenus Group-101 Phoenix Ave, Lowell. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Leary, seconded by C. Milinazzo. Adopted per Roll Call vote 9 yeas. So voted. Manager Murphy commented on discussion between the parties that brought about agreement. C. Belanger commented on the establishment. 5.3. Vote-Approving the Amendment to the Housing Development (HD) Zone Plan for the City of Lowell. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Rourke, seconded by C. Milinazzo. Adopted per Roll Call vote 8 yeas, 1 abstain (C. Leahy). So voted. 5.4. Vote-Auth Mgr. Ex. Purchase Agreement with WinnDevelopment Co. Ltd Ptshp Parcels 8 and 9 HCD. In City Council, Read twice, full reading waived with no objections, Motion to adopt by C. Rourke, seconded by C. Samaras. Adopted per Roll Call vote 9 yeas. So voted. C. Rourke requested without objection that Item #6.1 be taken out of order and simultaneously. So voted. 6. REPORTS (SUB/COMMITTEE, IF ANY) 6.1. Economic Development SC September 12, 2017. In City Council, C. Samaras provided report noting attendance and discussion regarding WinnDevelopment. Michael O’Brien (WinnDevelopment) discussed the project and working with the administration as well as being supported by the subcommittee. C. Leary noted use of commercial space to increase parameters of the project. C. Elliott noted importance oi having WinnDevelopment as a partner. C. Mercier noted that rejoining with WinnDevelopment would strengthen focus on project. C. Leahy noted possible need of having an art element in the district. C. Belanger commented on City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 6 of 10) residential element of the project and noted different income levels of housing that would be used. M. Kennedy commented on finished project, including commercial aspect of it, and questioned parking plan for development. Motion to accept the report as a report of progress by C. Rourke, seconded by C. Samaras. So voted. 6.2. Wire Insp. - National Grid - Request installation of new pole located at 71 Rogers Street. In City Council, Motion to accept and adopt accompanying order by C. Mercier, seconded by C. Milinazzo. C. Leahy registered his opposition to motion. So voted. 7. PETITIONS 7.1. Claim - (1) property. In Council, Motion to refer to Law Department for report and recommendation by C. Leahy, seconded by C. Elliott. So voted. 7.2. National Grid - Request installation of new heavy duty handhole located at 239 East Merrimack Street to allow service upgrade. In City Council, Given 1st Reading, Motion to refer to Public Hearing on October 3, 2017 at 7 PM by C. Milinazzo, seconded by C. Rourke. Adopted per Roll Call vote 8 yeas, 1 nay (C. Leahy). So voted. 7.3. National Grid - Request installation of new pole and relocate overhanging wires located at Adams Street (St. Patrick's Church). In City Council, Given 1st Reading, Motion to refer to Public Hearing on October 3, 2017 at 7 PM by C. Mercier, seconded by C. Leary. Adopted per Roll Call vote 8 yeas, 1 nay (C. Leahy). So voted. 8. CITY COUNCIL - MOTIONS 8.1. C. Mercier - Req. City Council vote to approve to remove the utility pole behind Saint Patrick’s Church and place it across the public way on Adams Street. In City Council, second by C. Leary, referred to City Manager. So voted. C. Mercier noted the need based on above National Grid petition. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 7 of 10) 8.2. C. Mercier - Req. City Mgr. have Law Department explore what steps are necessary to allow children to attend neighborhood schools and to obtain release from City consent decree. In City Council, second by C. Elliott, referred to City Manager. So voted. C. Mercier noted the need to go back to neighborhood schools and the process to do that. C. Leahy noted the matter needs to be explored so that you could go to school of your choice. C. Elliott noted the benefits of the motion. 8.3. C. Mercier - Req. City Mgr. have Traffic Engineer install Handicap Parking Sign (60 Day Trial) for 380 West Meadow Road behind home on LaPlume Avenue. In City Council, second by C. Leary, referred to City Manager. So voted. C. Mercier provided placard and commented on placement of the sign. C. Leahy noted that parking provided to schools should be used by school personnel. 8.4. C. Mercier - Req. City Mgr. have proper department find ways and means to allow residents of Merrill Street to close property lines with the City along the Concord River Walkway. (2nd request) In City Council, second by C. Leary, referred to City Manager. So voted. C. Mercier noted it was a complicated issue with the abutters and each had varying opinions on how to proceed. 8.5. C. Rourke - Req. City Mgr. add Fowler Road to the paving list. In City Council, second by C. Samaras, referred to City Manager. So voted. C. Rourke made reference to the list. C. Leary noted he had been contacted and that trimming of trees should be explored as well. 8.6. C. Milinazzo - Req. City Mgr. invite representatives from the Massachusetts Department of Transportation to review and comment on the proposed traffic improvements recommended by the Traffic Engineer to support Lowell High School moving to the Cawley site at a public meeting to be held in the City Council Chambers. In City Council, second by C. Leary, referred to City Manager, as amended. So voted. Registered speaker, Armand Hebert, addressed Council on matter and in addition to Items #8.7; #8.11; and #8.14. C. Milinazzo noted need for added information for all members. C. Leary noted the need for information to provide comfort level for the community. C. Elliott questioned process and noted that complete studies have yet to City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 8 of 10) be provided by consultants hired. C. Leahy noted better studies needed so consultants should provide them. C. Elliott recommended amending motion to include up to date studies by Perkins/Eastman. C. Milinazzo objected to the request and noted the MDOT would be playing large role in the project. C. Leary noted that both pieces of information can be obtained. M. Kennedy clarified the request noting you could get information from Perkins and City Traffic Engineer. Motion by C. Elliott, seconded by C. Mercier to forward Perkins updated report and Traffic Engineer to be part of process as outlined in motion. Amendment adopted. So voted. C. Elliott noted the need to use people we hired. C. Rourke commented on Traffic Engineer report. C. Samaras noted need to outline the process. C. Mercier questioned when Court would be deciding issue. 8.7. C. Milinazzo - Req. City Mgr. provide a comprehensive list of all regulatory and zoning approvals needed to construct the high school at the Cawley site, including those approvals needed from both Tewksbury and Chelmsford. In City Council, second by C. Rourke, referred to City Manager. So voted. C. Milinazzo noted the need for information moving forward. 8.8. C. Leary/C. Milinazzo - Req. City Council take proper measures to relocate Belisle Memorial Square from Moody and Pawtucket Streets to Moody and James Streets. In City Council, no second needed, referred to City Manager. So voted. C. Leary outlined reason for motion. 8.9. C. Samaras - Req. City Mgr. provide a report detailing the effects of tax increment financing agreements (TIFS) on economic development in Lowell. In City Council, second by C. Rourke, referred to City Manager. So voted. C. Samaras noted the need to report on benefits realized from these agreements. 8.10. C. Samaras - Req. City Mgr. provide update regarding the Wellman Street project. In City Council, second by C. Rourke, referred to City Manager. So voted. C. Samaras noted the change in status of the project. 8.11. C. Leahy - Req. City Mgr. follow up with Superintendent of Schools regarding which buildings may or may not be turned back over to City after new high school is completed. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 9 of 10) In City Council, second by C. Leary, referred to City Manager. So voted. C. Leahy noted the need for information from the school administration. 8.12. C. Leahy - Req. City Mgr. update City Council regarding street sweeping for the Fall. In City Council, second by C. Leary, referred to City Manager. So voted. C. Leahy noted report should include plans for whole City. C. Elliott questioned scheduling. 8.13. C. Belanger - Req. City Mgr. work with LPD to enhance safety patrols along street corridor from Kearney Square to Kerouac Park. In City Council, second by C. Elliott, referred to City Manager. So voted. C. Belanger noted the need for proactive approaches as each part of the City is patrolled. M, Kennedy relinquished Chair to Vice-Chair Rourke at 9:44 PM. 8.14. M. Kennedy - Request City Mgr. instruct the City Traffic Engineer to prepare a report on whether the increase in traffic generated by a new high school at the Cawley site would trigger a broad base Traffic Impact Assessment (TIA) by Mass Department of Transportation (Mass DOT) pursuant to the Massachusetts Environmental Policy Act (MEPA). The report should include a reasonable estimate of the scope, cost, and time that it would take to complete a Traffic Impact Assessment as well as where such an assessment belongs in the schedule of events pertaining to the construction of a new high school at the Cawley site. In City Council, second by C. Samaras, referred to City Manager. So voted. M. Kennedy noted the need to understand if study is needed as it will take some time to complete. C. Rourke questioned if it would be required. 8.15. M. Kennedy - Req. the City Mgr. instruct the traffic engineer to provide recommendations at aimed at increasing safety of the crosswalk on Pawtucket St between Arlington Street and Fanning Street. In City Council, second by C. Samaras, referred to City Manager. So voted. M. Kennedy noted motion was due from resident request. City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov  (Page 10 of 10) 9. ANNOUNCEMENTS In City Council, C. Mercier noted Lowell House event and requested Mayor’s Office issue citation recognizing the day. M. Kennedy noted that would be done. C. Mercier noted Easter Seals event. C. Leary noted upcoming Ad Hoc SC on Charter Review. M. Kennedy recognized Arts Festival, Kinetic Sculpture Race and Latter Day Saints event. C. Elliott noted upcoming Finance SC and dedication of Cambodian monument. 10. ADJOURNMENT In City Council, Motion to Adjourn by M. Kennedy, seconded by C. Milinazzo. So voted. Meeting adjourned at 9:55 PM. _____________________________ Michael Geary, City Clerk Office of the City Clerk - 375 Merrimack Street - Phone: 978.674.4161 City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov