IN CITY COUNCIL

TUESDAY MARCH 21, 2006

TIME 6:37PM

Roll call showed 9 present.

Mayor Martin presiding.

Prior to the beginning of the Meeting, a Moment of Silence was observed in a darkened chamber for Pat Kongoulas of the Lowell Housing Authority who passed away recently.

CITY CLERK

Minutes of March 14th for acceptance. In Council, Read, accepted and placed on file by motion of C. Donoghue, seconded by C. Caulfield. So voted.

Communication-From City Clerk request re-appointment for 3-year term effective April 1, 2006. In Council read and C. Milinazzo moved, seconded by C. Elliott “To re-appoint the City Clerk to a 3 year term effective April 1, 2006”. So voted 9 yeas.

CITY MANAGER

Communication-From City Manager requesting approval of Out of State Travel. In Council, Read and approved on roll call vote 9 yeas. So voted.

Re-Appointment-Susan LeMay, Karen Golden and Joel Cohen to the Board of Assessors. In Council read and approved on roll call vote 9 yeas. So voted.

Re-Appointment-Reynold Ilg Esquire to the Lowell Historic Board. In Council, read and approved on roll call vote 9 yeas. So voted.

Re-Appointment-John Costello Jr., Ken Hughes, Bunrith Lach and William Taupier to the Lowell Memorial Auditorium Board of Trustees. In Council, Read and approved on roll call vote 9 yeas. So voted.

Vote-Authorize the City Manager to accept a gift from the Greater Merrimack Valley Convention and Visitors Bureau Inc. In Council, Read twice and adopted 9 yeas. So voted.

Vote-Authorize the City Manager to apply for, accept and expend a grant from the Department of Housing and Urban Development Continuum of Care to be administered by DPD for use in providing services for Lowell's Homeless. In Council, Read twice and adopted 9 yeas. So voted.

Order-60 Day Trial, Handicap Parking Sign for 19 Kinsman Street. In Council, Read twice and adopted 9 yeas. So voted.

Constable Bond-John Sieverts 400 Merrimack Lane Dracut, Ma. In Council, Read and approved on roll call vote 9 yeas. So voted.

REPORTS

C. Milinazzo, Chairman of the Economic Development Sub/Committee said they met last evening relative to the proposed development of the Hamilton Canal. C. Milinazzo said the Committee was informed by the Administration that bids received for the construction of a new parking facility exceeded the anticipated amount by $5,000,000. The Committee, the Administration and the Division of Planning & Development discussed alternatives for moving forward at the conclusion of which, the Committee agreed to recess the meeting until such time as the Division of Planning and Development has formulated plan and have submitted them for review. C. Milinazzo said additional meetings will be scheduled and they will keep the Council informed.

Adopted as a report of progress on motion of C. Donoghue, seconded by C. Elliott. So voted.

C. Broderick, Chairman of the Zoning Sub/Committee said they met this evening relative to proposed changes to the existing Zoning Code. C. Broderick said as a result of concerns of City Councillors and their constituents, the Committee agreed to recommend the following proposed amendments:

C. Broderick said the Committee recommended approval of these recommendations on a vote of 2-1 with Councillor Elliott in opposition. C. Elliott said he was not opposed to the proposal; however, he wanted to see other zones increased as well and needed further information on the projects which have already received various board approvals prior to making a decision of granting exemptions.

Recommendation of the Committee adopted with Councillor Elliott recorded in opposition. So voted.

PETITIONS

Misc.-Helen Connor 19 Crowley Street request a Handicap Parking Sign. In Council, Read and referred to the Traffic Engineer for a report and recommendation. So voted.

Attorneys Monahan & Padellaro 43 Thorndike Street Cambridge, Mass. requesting indemnification of a City of Lowell Police Officer. In Council, Read and the City Clerk informed the Council that there has been a request to withdraw the petition and it was so granted on motion of C. Milinazzo, seconded by C. R. Mercier. So voted.

Claims-There was two claims, 1 for property damage and 1 for personal injury. In Council, Read and referred to the Law Department. So voted.

MOTIONS

BY C. ELLIOTT, seconded by C. Donoghue

“Request the City Manager and the Wastewater Treatment Director initiate an odor control study at the Wastewater Treatment Facility”. In Council, Referred to the City Manager. So voted.

BY C. BRODERICK, seconded by C. Milinazzo

“Request the City Manager retain expert legal counsel to represent the City in the possible Eminent Domain Takings relative to the Lichoulas Property in the Hamilton Canal District”. In Council, after discussion, C. Broderick moved in substitution “To request the City Manager and the Law Department provide a complete report on retaining outside counsel to represent the city in all of the land takings in the Hamilton Canal District, including the costs of such and possible sources of funding”. So voted.

BY C. MILINAZZO, seconded by C. A. Mericer

“Request the City Manager contact the Lowell Regional Transit authority and request they appropriately honor Former Executive Director Robert C. Maguire”. In Council, Referred to the City Manager. So voted.

BY C. A. MERCIER, seconded by C. Caulfield

“Request the City Council authorize the City Manager to resume negotiations w/ Mr. Lichoulas relative to his property located in the Hamilton Canal District”. In Council, Referred to the City Manager. So voted.

BY C. DONOGHUE, seconded by C. Elliott

“Request the City Manager have the MIS Department make available on the City's Website, a list of and location of all paper streets”. In Council, Referred to the City Manager. So voted.

BY C. DONOGHUE, seconded by C. Ramirez

“Request the City Council explore the possibility of changing the Independent Auditor for the City of Lowell”. In Council, Read Referred to the City Manager and City Auditor. So voted.

BY C. BRODERICK, seconded by C. Donoghue

“Request the City Auditor provide the Council with information on the account the $290,000 Settlement was paid from”. In Council, Referred to the City Auditor. So voted.

BY C. BRODERICK, seconded by C. Ramirez

“Request the City Auditor provide a detailed accounting of the Construction Loan Account for the Stoklosa School”. In Council, Referred to the City Auditor. So voted.

BY MAYOR MARTIN, seconded by C. R. Mericer

“Request the City Manager have the proper department repair the guardrail at 24-26 Liberty Street”. In Council, Referred to the City Manager. So voted.

At 8:57 PM, on the advice of the City Manager and City Solicitor, C. Elliott moved, seconded by C. Caulfield “To go into Executive Session for the purpose of discussing litigation between the City of Lowell and the Towns of Dracut and Tewksbury, public discussion of which would detrimental to the City's position and that the Council will adjourn from the Executive Session and not return to Open Session”. Adopted on roll call vote 9 yeas. So voted.

At 9:01 PM, the Council went into Executive Session.

Richard C. Johnson

City Clerk