IN CITY COUNCIL

TUESDAY SEPTEMBER 13, 2005

TIME 6:35PM

Roll call showed 9 present.

Mayor A. Mercier presiding.

Prior to the beginning of the meeting a Moment of Silence was observed for Miriam Gallagher and Michael Patenaude, both of who passed away recently.

UNFINISHED BUSINESS

Order-To vacate, discontinue and abandon a portion of Western Avenue. In Council from August 23rd, read and approved on roll call vote 9 yeas. So voted.

Vote-To execute a License Agreement with The Courtyard Restaurant for sidewalk seating on Central Street. In Council, Read and approved on roll call vote 9 yeas. So voted.

CITY CLERK

Minutes of August 23rd for acceptance. In Council, Read, accepted and placed on file by motion of C. Broderick, seconded by C. Milinazzo. So voted.

PUBLIC HEARINGS (Scheduled for 7PM)

Ordinance-Amending the Zoning Code by extending the INST Zone on Marginal Street. In Council given 2nd reading and hearing held. Speaking in favor was:

Atty James Flood spoke for the petitioner.

Nancy Judge, Highlands Betterment Council

No remonstrants. Hearing closed

Adopted on roll call vote 9 yeas. So voted.

Ordinance-Amending the Code Chapter 8, entitled Fire Protection & Prevention. In Council, Given 2nd reading and hearing held. No Remonstrants. Hearing closed.

Adopted on roll call vote 9 yeas. So voted.

Pole locations-Massachusetts Electric Co. request pole location at Stackpole Street and conduit locations at School Street, Broadway Street and Perkins Street. In Council, Read and hearing held. No Remonstrants. Hearing closed.

Referred to the DPW Superintendent of Streets and Inspector of Wires on motion of C. Donoghue, seconded by C. Howe. So voted.

CITY MANAGER

Communication-From the City Manager requesting approval of out of state travel. In Council, read and approved on roll call vote 9 yeas. So voted.

Appointment-Richard Lockhart to the Historic Board, replacing Kevin Broderick. In Council read and approved on roll call vote 8 yeas, 1 nay (C. Howe). So voted.

Appointment-Mary Burns to the Planning Board, replacing Kevin Broderick. In Council read and approved on roll call vote 7 yeas, 2 nays (C. Milinazzo, C. Howe). So voted.

Resolution-Opposing the passage of Senate Bill #1504 Broadband Investment & Consumer Choice Act. In Council, Read and C. Caulfield moved, seconded by C. R. Mercier “To refer the Resolution of the AD/HOC Sub/Committee for Cable Issues”. So voted.

Vote-Authorize the City Manager to enter into a License Agreement with Bay State Chowda for the placement of a sign on the corner of Phoenix Avenue. In Council, Read twice and adopted 9 yeas. So voted.

Vote-To declare surplus and seek proposals under Chapter 30B for the property located at 100, 152 & 174 River Place. In Council, Read and C. Howe moved, seconded by C. Milinazzo “To refer the Vote to the Economic Development and Downtown Sub/Committee for a report and recommendation”. So voted.

PETITIONS

Gas Mains-Keyspan Energy to install Gas Mains in Mammoth Road, Llewellyn Street, Westview Road and Lawrence Street. In Council Read and hearing ordered for 7PM on September 27th. So voted.

Claims-There was 4 claims, 1 property damage and 3 personal injury, which were read and referred to the Law Department. So voted.

Misc.-P. King requesting a handicap parking sign at 427 Lakeview Avenue. In Council, Referred to the Traffic Engineer for a report and recommendation. So voted.

C. Elliott then moved seconded by C. R. Mercier “To Suspend the Rules in order to accept to additional petitions. So voted.

M. A. Mercier then read two additional petitions for handicap parking signs and they were referred to the Traffic Engineer along with the previous petition. So voted.

MOTIONS

BY C. HOWE, seconded by C. Elliott

“Request the City Council to revisit the Zoning Ordinance recently adopted and implemented by the City Council”. In Council, defeated on roll call vote 1 yea (C. Howe), 8 nays. So voted.

BY C. HOWE, seconded by C. Donoghue

“That the City Council direct the City Manager submit to the City Council the City's written policy, if any, relative to the use and operation of City Owned Vehicles by City Employees after the consumption of alcoholic beverages by said employees. If no policy exists, then the City Manager be directed by the City Council to establish said written policy to be reviewed and adopted by the City Council”. In Council, Referred to the City Manager. So voted.

BY C. HOWE, seconded by C. Caulfield

“Request the City Manager provide a report from Camp Dressher McKee and it's signatory John F. Donovan resulting in the contract with the City of Lowell dated August 4, 2003 with a completion date of December 5, 2005. Included in the report should be the amount of reduction in CSO annual discharge of untreated sewerage into the Merrimack River”. In Council, Referred to the City Manager. So voted.

BY C. ELLIOTT, seconded by C. R. Mercier

“Request the City Council adopt the recommendation of the Board of Parks as it relates to the Edwards Street Soccer field and the construction of Concession Stands”. In Council adopted favorably. So voted.

BY C. R. MERCIER, seconded by C. Elliott

“Request the City Manager provide a clarification on long term use plan for Municipal Buildings”. In Council, Referred to the City Manager. So voted.

BY C. R. MERCIER, seconded by C. Elliott

“Request the City Manager contact the State relative to painting a center line on Pawtucket Boulevard from the Tyngsboro Line as far into the city as possible”. In Council, Referred to the City Manager. So voted.

BY C. R. MERCIER, seconded by C. Elliott

“Request the City Manager report on plans should a natural disaster hit the City of Lowell”. In Council, Referred to the City Manager. So voted.

BY C. R. MERCIER, seconded by C. Elliott

“Request the City Manage have the proper vote drawn and the proper department install a 3 Way Stop Sign at the corner of Ludlam Street approaching Barker Street”. In Council, Referred to the City Manager. So voted.

BY C. MILINAZZO, seconded by C. R. Mercier

“Request the City Manager have the proper department repair the lights at the Shedd Park Tennis Courts”. In Council, Referred to the City Manager. So voted.

BY C. MILINAZZO, seconded by C. Broderick

“Request the City Manager explore the possibility of placing the Labor Harmony Clause in the Construction Contract for the garage on Middlesex Street”. In Council, Referred to the City Manager. So voted.

BY C. MILINAZZO, seconded by C. R. Mercier

“Request the City Manager report on the neighborhood issues in the Fayette Street Park area”. In Council, Referred to the City Manager. So voted.

BY C. MARTIN, seconded by C. Milinazzo

“Request the City Manager report on the progress of the Stoklosa School”. In Council, Referred to the City Manager. So voted.

BY C. MARTIN, seconded by C. Broderick

“Request the City Manager investigate the possibility of providing aide to cities and towns recovering from Hurricane Katrina”. In Council, Referred to the City Manager. So voted.

BY C. MARTIN, seconded by C. Caulfield

“Request the City Manager have the Division of Planning & Development update the Council on the Two for Lowell Program”. In Council, Referred to the City Manager. So voted.

BY MAYOR A. MERCIER, seconded by C. Caulfield

“Request the City Manager have the Law Department draw the proper vote to name the corner of W. Meadow Road and Varnum Avenue for the McNeil Brothers”. In Council, Referred to the City Manager. So voted.

UNANSWERED NON-RESPONSIVE MOTIONS

BY C. R. MERCIER

“Request the City Manager provide additional information on a previous motion relative to the City's Procurement Process”. In Council, Referred to the City Manager. So voted.

At 9:26 PM, C. Howe moved, seconded by C. Donoghue “To Adjourn”. So voted.

Adjourned

Richard C. Johnson

City Clerk