City Council
Regular MeetingLowell, MA · May 24, 2022
Minutes
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: May 24, 2022
Time: 6:30 PM
Location: City Council Chamber, 375 Merrimack Street, 2nd Floor, Lowell, MA /
Zoom (Hybrid)
1. ROLL CALL
Roll Call showed 11 present. C. Jenness (Zoom)
M. Chau presiding.
C. Mercier requested moment of silence in darkened chamber for Charles A.
Maraganas and Mark Rosengard.
2. MAYOR'S BUSINESS
2.1. Communication Remote / Zoom Participation:
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MEETING
In City Council, Motion “To accept and place on file” by C. Drinkwater, seconded by C.
Gitschier. So voted.
2.2. Presentation - Juneteenth Events.
In City Council, Motion “To accept and place on file” by C. Robinson, seconded by C.
Scott. So voted. Member of the Black Lowell Coalition outlined various events that
would be happening over the weekend. Organizers from the Afro American Community
Collaborative commented on their upcoming event entitled “Perfecting Unity”. M. Chau
recognized the speakers and noted the events.
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Motion to suspend rules to discuss Veteran’s events by C. Mercier, seconded by C.
Nuon. So voted. Eric LaMarche (Vet. Dept.) commented on program to honor Veterans
and first responders who passed while on duty. Mr. LaMarche noted the banners that
are part of the program and indicated that the program will grow throughout the years.
C. Yem commented on the start of the program and the request by various Veterans.
C. Gitschier commented on the honor bestowed upon his father. C. Robinson thanked
all for their efforts in developing program. C. Yem recognized the McCabe family. C.
Mercier noted the heroes displayed by the banners. M. Chau recognized the banners in
the Chamber and requested that they remain during meeting. Motion “To accept and
place on file” by C. Yem, seconded by C. Gitschier. So voted.
Motion C. Rourke, seconded by C. Nuon to take Item #7.8 out of order. So voted.
3. CITY CLERK
3.1. Minutes Of Neighborhoods SC Joint With Public Safety SC May 17th; City
Council Regular Meeting May 17th, For Acceptance.
In City Council, minutes read, Motion “To accept and place on file” by C. Jenness,
seconded by C. Leahy. So voted.
4. GENERAL PUBLIC HEARINGS
4.1. Ordinance - Amend Zoning Ext TTF Zone - 89 Agawam.
In City Council, Given 2nd Reading, hearing held. No Remonstrants. Motion to adopt
by C. Mercier seconded by C. Scott. Adopted by Roll Call vote 11 yeas. So voted.
4.2. Ordinance - Amend Fee Schedule - Custodial Fee.
In City Council, Given 2nd Reading, hearing held. No Remonstrants. Motion to adopt
by C. Yem, seconded by C. Rourke. Adopted by Roll Call vote 11 yeas. So voted.
4.3. Ordinance - Create Position And Salary For Cadet - LPD.
In City Council, Given 2nd Reading, hearing held. No Remonstrants. Motion to adopt
by C. Mercier, seconded by C. Leahy. Adopted by Roll Call vote 11 yeas. So voted. C.
Scott questioned funding of the position. Acting Supt. Barry Golner (LPD) outlined the
funding sources.
5. UTILITY PUBLIC HEARING
In City Council, none.
Motion to take Item #12.20 out of order by C. Robinson, seconded by C. Nuon. So
voted.
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6. COMMUNICATIONS FROM CITY MANAGER
6.1. Motion Responses.
In City Council, Motion “To accept and place on file” by C. Leahy, seconded by C.
Jenness. So voted.
A) Motion Response - Robinson School Dismissal – C. Robinson noted disappoint
with School Department response and indicated they need to be more involved.
Manager Golden, Jr. noted they are looking at all issues regarding after school
incidents. Supt. Golner noted the new after school programming in the City.
B) Motion Response - School Street Retaining Wall – C. Yem requested update as
deadlines have passed and no work has been done and from a safety perspective it
needs to be done. Manager Golden, Jr. noted the association will be raising fees to
cover costs and it needs to be made safe and there is a hard line for end of summer
completion. C. Yem questioned if association fails to repair. Manager Golden, Jr.
commented on legal proceedings to be done if not repaired. C. Nuon noted it was a
long standing issue that needs to be resolved with no further delay for any reason and
quick legal response if not done. Solicitor O’Connor commented on effort being done
and short time left to complete. C. Robinson commented on establishing hard date to
complete repairs. C. Leahy noted any repair needs to be a complete and final repair.
C) Motion Response - EV Infrastructure Bill Funding – C. Nuon commented on the
grant opportunity. C. Jenness commented on the report which indicated the City was
well positioned regarding the infrastructure.
D) Motion Response - Underground Railroad History Signage – C. Robinson noted
the update and was pleased with progress towards established goals. C. Drinkwater
noted efforts moving forward.
E) Motion Response - Dog Parks – M. Chau noted report and the issue with available
area in the City but noted that the administration will work with what they have. C.
Leahy noted current location will remain.
F) Motion Response - Cambodia Town Flags – C. Nuon recognized Rep. Mom for his
efforts in getting earmark funding so work could be done in the area.
G) Motion Response - Four Way Stop Sign at 5th and Read – C. Robinson noted
that there may be a need for another type of traffic calming measure if stop signs are
not warranted. Christine McCall (DPD) noted that other measures may be used if stop
signs are not.
H) Motion Response - Palmer Street Sidewalk Brick Repair – C. Jenness
commented on the improvements and further work to be done. C. Gitschier recognized
the DPW efforts as well as the replacement of the dead tree. Manager Golden, Jr.
noted the tree replacement and informed body of possible new replacement program to
protect the sidewalks. C. Gitschier noted trees improve downtown.
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I) Motion Response - Traffic Lights at Varnum Ave and VFW – C. Rourke noted the
light needed to be reset. C. Rourke indicated that these types of motions and many
others should not be filed in the manner that they are and better system should be used
to be more efficient. Manager Golden, Jr. noted the use of resources regarding motion
responses and he will develop better system.
J) Motion Response - Cemetery Work Garage Facility – C. Robinson commented on
the work being done.
K) Motion Response - Citywide Pothole Repair – C. Leahy recognized the report. C.
Gitschier noted vast improvement and commented on Chapter 90 funding and capital
budget funding. C. Gitschier requested another letter from administration be sent
regarding increase of Chapter 90 funding as there is a definite need.
L) Motion Response - First Street Lighting – C. Robinson noted residents would be
pleased with the response.
M) Motion Response - Oakland Firehouse Repair – C. Leahy noted once pole is
removed it will open up area for repairs. Mark Byrne (DPW) noted pole would be
removed first and work would begin and last a few weeks.
N) Motion Response - Bulky Item Disposal – C. Nuon noted contract was coming up
and should be reviewed. Motion by C. Nuon, seconded by C. Robinson to refer matter
to Neighborhoods SC. So voted. C. Robinson noted the need to seek alternative
modes of disposal.
Motion by C. Gitschier, seconded by C. Leahy to bundle Items #6.1(O) and #6.1(P). So
voted.
O) Motion Response - Solid Waste Pick-Up Update - C. Gitschier noted that vendor
is not being held to their contract and they should be as work is not getting done timely.
Mr. Byrne noted efforts by the department regarding compliance with contract. C.
Robinson noted possible use of compost for waste. Manager Golden, Jr. noted they
must explore alternative avenues. C. Scott noted constant concern of residents and
that the contract must be controlled.
P) Motion Response - Yard Waste Collection – See discussion under Item #6.1(O).
Q) Motion Response - Highland Ave and Powell Street Paving - M. Chau noted the
report. C. Gitschier commented on prior options with Highland Avenue. Ting Chang
(City Engineer) noted options would be provided through the neighborhood
associations.
R) Motion Response - Beaver Street Bridge – C. Jenness commented on report and
progress being made as well as the increased costs. Ms. Chang commented on costs
and funding. C. Jenness questioned time frame. Ms. Chang outlined the time on the
project. Manager Golden, Jr. noted that Chapter 90 funding will be used to fill funding
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gaps. C. Robinson questioned time frame of work. Ms. Chang noted that scope of
work is substantial. C. Leahy questioned if current technology is being used for bridge
repairs.
6.2. Informational Reports
S) Informational - FY2023 Budget Presentation – Conor Baldwin (CFO) noted that
the budget was on agenda to be referred to public hearing on June 7, 2022. Mr.
Baldwin outlined highlights of the budget which included the amount, the calendar, the
funds involved, financial challenges of which charter school reimbursement was the
largest. Mr. Baldwin commented on the rising costs, fixed costs, sources of revenue
and categories which are allocated. Manager Golden, Jr. recognized the efforts of the
department and noted increase in taxes would be needed to get the City to accomplish
all that has been outlined. Manager Golden, Jr. noted this is a hardship but results
would warrant the increase. Manager Golden, Jr. stated that there will be an increase in
quality of life in the City as inflation has an effect on everyone’s daily life. C. Gitschier
commented on the rising costs as well as budget busters like charter school
reimbursement. C. Gitschier noted the need to train middle management regarding
hiring and there are a number of unfilled positions which can be eliminated to
substantiate increased in taxes. C. Yem noted the needs and the increased taxes and
noted residents should see improvements and offered cost saving measures in order to
accept these increases. C. Scott noted the number and amount of reoccurring costs in
the budget. C. Robinson noted it was a balancing act and there is a need to do more
with less. C. Robinson noted critical need to hire and retain employees. C. Drinkwater
noted he would review the budget and that there is a bold choice for the body to make.
C. Mercier noted it was realistic for taxes to rise and that is not what the body wants to
do ever but it happens. C. Mercier noted some costs tie the hands of body. C. Nuon
noted these are difficult financial times but the goal is to have a better quality of life
based on tough decisions. C. Scott questioned if costs of new high school is included
within this budget. Mr. Baldwin outlined funding plan for that construction. C. Rourke
noted this was a pro-active approach to budget. C. Yem questioned what costs to
homeowner would be with this increase. Manager Golden, Jr. noted those metrics are
calculated with percentages. C. Yem recognized the difficulties in back staffing in
departments. Manager Golden, Jr. commented on current employment situation and
noted study being done. C. Mercier questioned how levy would be effected by increase.
Manager Golden, Jr. noted City has a large levy capacity.
6.3. Communication - Planning Board Recommendation On Proposed Zoning
Amendment To Rezone Parcels At 89 Agawam Street From TSF To TTF Zoning
District.
In City Council, Motion “To accept and place on file” by C. Gitschier seconded by C.
Nuon. So voted.
6.4. Communication - Resignation Of Anne-Marie (Sreypov) Porter From Council
On Aging.
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In City Council, Motion “To accept and place on file” by C. Nuon, seconded by C. Yem.
So voted.
Motion to bundle and waive second reading Items #7.1 to #7.5, inclusive, by C. Nuon,
seconded by Rourke. So voted.
7. VOTES FROM THE CITY MANAGER
7.1. Vote - Accept Timely Submission Of The Budget.
In City Council, Read twice, full reading waived with no objections. Motion to adopt by
C. Leahy, seconded by C. Drinkwater. Adopted per Roll Call vote 11 yeas. So voted.
7.2. Vote - Accept/Expend 200,000 MassDevelopment Cultural Facilities Fund
(CCF) Capital Grant.
In City Council, Read twice, full reading waived with no objections. Motion to adopt by
C. Leahy, seconded by C. Drinkwater. Adopted per Roll Call vote 11 yeas. So voted.
7.3. Vote - Accept/Expend FY23 Earmarked Funds - 200,000 Cambodia Town
Archway.
In City Council, Read twice, full reading waived with no objections. Motion to adopt by
C. Leahy, seconded by C. Drinkwater. Adopted per Roll Call vote 11 yeas. So voted.
7.4. Vote - Accept/Expend FY23 Earmarked Funds - 25,000 Downtown Lowell.
In City Council, Read twice, full reading waived with no objections. Motion to adopt by
C. Leahy, seconded by C. Drinkwater. Adopted per Roll Call vote 11 yeas. So voted.
7.5. Vote - Accept/Expend FY23 Earmarked Funds - 700,000 Centralville &
Pawtucketville.
In City Council, Read twice, full reading waived with no objections. Motion to adopt by
C. Leahy, seconded by C. Drinkwater. Adopted per Roll Call vote 11 yeas. So voted.
C. Robinson noted the amount for investment in the neighborhood and the need for it.
C. Rourke noted different areas that are to be improved and that projects need good
management. Ms. McCall noted the many project benefited by the earmarks. C. Nuon
noted earmarks were impressive.
Motion by C. Gitschier, seconded by C. Robinson to bundle Items # 7.6 to #7.7,
inclusive, and #8.1 to #9.6, inclusive. So voted.
7.6. Vote - Endorse The 5 Year Capital Plan.
In City Council, Given 1st Reading, Motion to refer to Public Hearing on June 7, 2022 at
7 PM by C. Yem, seconded by C. Nuon. So voted. C. Gitschier commented on
developing capital plan and that it had shortcomings in terms of estimated costs and
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basic knowledge of process. Mr. Baldwin noted that project cost are accurate in
accordance with loan order and these are always a work in progress. C. Rourke noted
a few of the funded projects. Mr. Baldwin noted finances projects are ready to move
forward. C. Robinson questioned purchase of equipment.
7.7. Vote - FY23 Appropriation Order.
In City Council, Given 1st Reading, Motion to refer to Public Hearing on June 7, 2022 at
7 PM by C. Yem, seconded by C. Nuon. So voted. C. Jenness abstained from vote
due to a conflict.
7.8. Vote - Parking Passcard Agreement - ONE Riverfront LLC.
In City Council, Read twice, full reading waived with no objections. Motion to adopt by
C. Rourke, seconded by C. Robinson. Adopted per Roll Call vote 11 yeas. So voted.
Registered speaker, Dave Daley, addressed the body. C. Scott recognized the
investment in the City.
Motion by C. Yem, seconded by C. Drinkwater to take Item #12.13 out of order. So
voted.
8. ORDERS FROM THE CITY MANAGER
8.1. Loan Order - Capital Plan Loan Order.
In City Council, Given 1st Reading, Motion to refer to Public Hearing on June 7, 2022 at
7 PM by C. Yem, seconded by C. Nuon. So voted.
8.2. Loan Order - Grand Manor Judgment.
In City Council, Given 1st Reading, Motion to refer to Public Hearing on June 7, 2022 at
7 PM by C. Yem, seconded by C. Nuon. So voted. C. Yem questioned payment of the
judgement. City Solicitor O’Connor outlined process once judgement is received.
9. ORDINANCES FROM THE CITY MANAGER
9.1. Ordinance - Amend Sewer Rate FY23.
In City Council, Given 1st Reading, Motion to refer to Public Hearing on June 7, 2022 at
7 PM by C. Yem, seconded by C. Nuon. So voted.
9.2. Ordinance - Amend Water Rate FY23.
In City Council, Given 1st Reading, Motion to refer to Public Hearing on June 7, 2022 at
7 PM by C. Yem, seconded by C. Nuon. So voted.
9.3. Ordinance - Create New Position (DPD - Energy Advocate).
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In City Council, Given 1st Reading, Motion to refer to Public Hearing on June 7, 2022 at
7 PM by C. Yem, seconded by C. Nuon. So voted.
9.4. Ordinance - Create New Position (DPW - Facilities & Infrastructure Project
Manager).
In City Council, Given 1st Reading, Motion to refer to Public Hearing on June 7, 2022 at
7 PM by C. Yem, seconded by C. Nuon. So voted.
9.5. Ordinance - Create New Position (Fire - Assistant Chief).
In City Council, Given 1st Reading, Motion to refer to Public Hearing on June 7, 2022 at
7 PM by C. Yem, seconded by C. Nuon. So voted.
9.6. Ordinance - Create New Position (HR - HR Generalist).
In City Council, Given 1st Reading, Motion to refer to Public Hearing on June 7, 2022 at
7 PM by C. Yem, seconded by C. Nuon. So voted.
10. REPORTS (SUB/COMMITTEE, IF ANY)
10.1. Economic/Downtown Development SC May 24, 2022.
In City Council C. Nuon noted the attendance and outlined discussion of regulations
regarding home based businesses. C. Nuon noted adopted motions of the
subcommittee that the Law Department amend ordinance to strike any limits on number
of businesses allowed on lot under “as of right” section of the current ordinance. Ms.
McCall commented on proposed changes. C. Yem questioned changes. Motion to
accept the report as a report of progress and adopt motions by C. Robinson, seconded
by C. Leahy. So voted.
11. PETITIONS
11.1. Claim - (1) Property Damage.
In City Council, Motion to refer to Law Department for report and recommendation by
C. Drinkwater, seconded by C. Gitschier. So voted.
11.2. Misc. - Charles Kafasis Request Installation Of "No Parking From Here To
Corner" Sign At Corner Of Mt. Vernon And Varney Street.
In City Council, Motion to refer to Transportation Engineer for report and
recommendation by C. Leahy, seconded by C. Mercier. So voted.
11.3. Misc. - Pineapple Realty Trust, LLC (Atty. John Cox) Request Extending
Light Industry Zone Into Residential Zone At 128 Maple Street.
In City Council, Motion to refer to Law Department for report and recommendation and
draft ordinance by C. Robinson, seconded by C. Rourke. So voted. C. Scott noted
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opposition in the neighborhood by supported moving forward as it was the best use of
the property.
12. CITY COUNCIL - MOTIONS
12.1. C. Gitschier - Req. City Mgr. Have The Proper Department Update The City
Council On The Timeframe Of Replacement Of The Gas Line At The End Of
Marshall Avenue Between West Forest Street; Also Update On The Restoration Of
The Natural Areas That Were Disturbed By The Construction Of The Gas Line, Ie.,
Replacement Of The Trees And Natural Settings.
In City Council, seconded by C. Rourke, referred to City Manager. So voted. C. Rourke
noted the many projects for gas lines in the City and requested schedule of them. C.
Gitschier noted dissatisfaction with gas company and the condition that property in left
after construction.
12.2. C. Gitschier - Req. City Mgr. Provide An Update To The Council Regarding
LeLacheur Park.
In City Council, seconded by C. Nuon, referred to City Manager. So voted. C. Rourke
commented on recent tour and awaits information for UML regarding any possible
partnership. Manager Golden, Jr. noted current discussions with UML and their
administration.
12.3. C. Gitschier - Req. City Mgr. Provide The City Council With An Inventory Of
City Owned Vehicles That Have A Purchase Price Of Over $25,000; Include In The
Report The Year, Make, Model, Age Expected Replacement Year And Projected
Cost Of The Vehicle At The Time Of Purchase.
In City Council, seconded by C. Robinson, referred to City Manager. So voted.
12.4. C. Gitschier - Req. City Mgr. Update The City Council On The Plans For
Maintenance Workers At Lowell High School.
In City Council, seconded by C. Nuon, referred to City Manager. So voted.
12.5. C. Robinson/C. Gitschier - Req. City Mgr. Address The Ongoing Issues With
City Ball Field Maintenance.
In City Council, no second needed, referred to City Manager. So voted.
12.6. C. Robinson - Req. City Council Begin Discussions On Establishing A Fund
Out Of The Mayor’s Office That Will Allow The City Of Lowell To Make
Contributions To Community Groups That Are Performing Flag Raisings,
Community Celebrations And Dedications At City Hall.
In City Council, seconded by C. Mercier, referred to City Manager/Mayor. So voted.
Motion by C. Robinson, seconded by C. Nuon to refer to Finance SC. So voted.
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12.7. C. Robinson - Req. City Council Begin Discussions On Requesting From
The Massachusetts Cannabis Control Commission To Be One Of The 12 Host
Communities Allowed To Take Part In A 3 Year Pilot Program Allowing A
Licensed Cannabis Café.
In City Council, seconded by C. Leahy, referred to City Manager. So voted.
12.8. C. Robinson - Req. City Mgr. Have Proper Department Look Into Updating
Markings Or Any Other Possible Traffic Calming Measures In The Area Of Barker
And Billings Streets.
In City Council, seconded by C. Gitschier referred to City Manager. So voted.
12.9. C. Robinson - Req. City Mgr. Have Proper Department Provide An Update On
Wall At McPherson Park.
In City Council, seconded by C. Drinkwater, referred to City Manager. So voted.
12.10. C. Robinson - Req. City Mgr. Have Proper Department Provide An Update
Regarding VFW Project And If There Is Still Plans To Incorporate Trees For Sound
Mitigation Measures.
In City Council, seconded by C. Yem, referred to City Manager. So voted.
12.11. C. Robinson - Req. City Mgr. Work With City And School Unions, The
Public School Community, PTO Organizations And Volunteer Organizations To
Put Together An “All Hands On Deck” Cosmetic Task Force With The Goal To
Update Schools And Facilities Identified In Need Of Painting And/Or Cosmetic
Upgrades Over Summer Break.
In City Council, seconded by C. Scott, referred to City Manager. So voted.
12.12. C. Yem/C. Robinson - Req. City Mgr. Have Proper Department Establish
The City Youth Commission In Accordance With Massachusetts General Laws
Chapter 40, Section 8E.
In City Council, no second needed, referred to City Manager. So voted.
12.13. C. Yem/C. Scott - Req. City Mgr. Have Appropriate Department Explore
Installing A 4-Way Stop Sign At The Corner Of Suffolk And Broadway Streets,
Along With Painting Pedestrian Crosswalk On Broadway Street.
In City Council, no second needed, referred to City Manager. So voted. Registered
speakers, Milka Ferreras and Elizabeth Tiru, addressed the body. C. Yem commented
on location and dangerous area that needs improvement. C. Gitschier noted residents’
ongoing concerns. C. Mercier noted need for signage in the area.
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12.14. C. Nuon/C. Yem - Req. City Mgr. Report On The Acquisition And
Implementation Of Interpretation Services For City Council Meetings And Other
Public City Meetings.
In City Council, no second needed, referred to City Manager. So voted.
12.15. C. Nuon/C. Jenness - Req. City Mgr. Report On Providing An Overview Of
Various Programs And Services That Are Designed To Assist The City’s
Chronically Unhoused Population And Those In Danger Of Becoming Unhoused,
Along With The Metrics By Which The City Determines The Effectiveness Of
These Programs.
In City Council, no second needed, referred to City Manager. So voted.
12.16. C. Jenness/C. Robinson - Req. City Mgr. Have Law Department Investigate
Drafting An Ordinance Prohibiting The Sale Of Gasoline At City Filling Stations To
Unlicensed And/Or Unregistered Vehicles Unless They Are On A Trailer.
In City Council, no second needed, referred to City Manager. So voted.
12.17. C. Leahy - Req. City Mgr. Have Proper Department Inspect And Upgrade
Crosswalks On Rogers Street In The Vicinity Of Rogers Hall.
In City Council, seconded by C. Gitschier, referred to City Manager. So voted.
12.18. C. Leahy - Req. City Mgr. Provide An Update Regarding Firehouse Water
Heater Repairs.
In City Council, seconded by C. Drinkwater, referred to City Manager. So voted.
12.19. M. Chau - Req. City Mgr. Have Law Department Draft A Resolution
Recognizing African Unity Day In Lowell On May 25th.
In City Council, seconded by C. Yem, referred to City Manager. So voted.
12.20. M. Chau - Req. City Mgr. Have LPD Look Into Cut Through Traffic On
Concord Street, From Church Street To Rogers Street, And Explore Possible Use
Of Speed Bump.
In City Council, seconded by C. Leahy, referred to City Manager. So voted. C. Leahy
noted need for speed bumps in the City. C. Robinson noted program should begin. Ms.
McCall commented on grants from Shared Streets Program. C. Gitschier noted the
need to address safety in front of City Hall and the blinking light at intersection. C.
Leahy noted the blinking light had been discussed by prior Council.
13. ANNOUNCEMENTS
City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov
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In City Council, none.
14. ADJOURNMENT
In City Council, Motion to Adjourn by C. Gitschier seconded by C. Robinson. So voted.
Meeting adjourned at 10:00 PM.
___________________________________
Michael Q. Geary, City Clerk
City of Lowell • 375 Merrimack Street • Lowell, MA 01852 • www.lowellma.gov
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