IN CITY COUNCIL

TUESDAY MAY 8, 2007

TIME 6:37PM

Roll call showed 9 present.

Mayor Martin presiding.

CITY CLERK

Minutes of March 13th for acceptance. In Council, Read, accepted and placed on file by motion of C. Caulfield, seconded by C. Broderick. So voted.

PUBLIC HEARINGS (Scheduled for 7PM)

Ordinance-Amending the Zoning Ordinance by extending the Artists Overlay District to include 150, 200 & 250 Western Avenue. In Council, Given 2nd reading and hearing held.

Speaking in favor was:

Atty. James Flood, Representing the Developer.

Karl Frye

Justin Manulbaum

Lynn Lupien, 122 Western Ave. #419

Maxine Farcus

Meghan Moore (Petition submitted), 226 Baldwin St.

Sharon Sawyer, 39 Methuen St., Studio @512 Western Ave.

Nancy Peacock, 122 Western Ave.

John Greenwald, 24 Robert St.

Manny Hall

Brian Moore, 226 Baldwin St.

Paula Richards, 122 Western Ave. #326

Amber Daniels Cook, 305 Dutton St.

Rebekah Wetmore, 200 Mass Mills Dr.

Ashlee Wells Smith, 70 Austin St. #32

David Leblanc, 35 Daniels St.

Jim Cryan

Steve Severson

Hearing closed. No Remonstrants. After further discussion the Ordinance was adopted on roll call vote 9 yeas. So Voted.

Loan Order-Amending the previous Loan Order and borrow $1,600,000 for the Ice System at the Tsongas Arena. In Council, Given 2nd reading and hearing opened, after discussion, C. Donoghue moved, seconded by C. Caulfield “To recess the hearing for one week”. So voted.

Pole loc.-Verizon N.E. to place 1 pole on Burtt St. In Council, Read and hearing held. Joseph Gleason spoke for the petitioner. No Remonstrants. Hearing closed.

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

CITY MANAGER

Communication-From City Manager, responses to Council Motions/Requests. In Council, communication was accepted and placed on file. So Voted.

Order-60 Day Trial (O'Heir Way). In Council, Read twice and adopted 9 yeas. So Voted.

Vote-Annual Action Plan 07-08 and amendments to consolidated plan. In Council, Read twice and adopted 9 yeas. So Voted.

Vote-Accept provisions of Ch.43D of MGL pursuant to Section 11 of Chapter 205 of the Acts of 2006 and designate the Hamilton Canal District as “Priority Development Site” and apply/accept/expend Grant from Commonwealth for $150,000 for technical assistance funds”. In Council, Read twice and adopted 9 yeas. So Voted.

REPORTS

C. Donoghue, Chairperson of the City Council School Building Program said at the City Council of last week, the City Manager, along with the School Department had submitted, after review of the bids, the proposals for the continuation of the school building program. C. Donoghue said the Council had decided to review the materials submitted and be prepared, at tonight's meeting, to take action on the recommendation of the City Manager. C. Donoghue said the options available to the Council were:

C. Donoghue said the Manager's recommendation was to adopt and proceed with option #1 and construct both schools. After considerable discussion and debate, C. Donoghue moved, seconded by C. Ramirez “To adopt the recommendation of the City Manager”. Defeated on roll call vote 5 yeas (C. Milinazzo, C. Ramirez, C. Broderick, C. Donoghue M. Martin), 4 nays (C. R. Mercier, C. Caulfield, C. Elliott, C. A. Mercier). So Voted.

After further discussion, C. A. Mercier moved, seconded by M. Martin “To proceed vigorously with the efforts for the construction and the formula and funding for such construction, of the Tsapatsaris School as vigorously as the City and School Department proceeded with the construction and formula and funding for construction of the Morey School”. So Voted 9 yeas.

PETITIONS

Misc.-Christ Church United in Lowell request space for handicap parking alongside High St./Bartlett St. In Council, read and referred to the Traffic Engineer. So Voted.

Cross Point L.P. request additional above ground storage 1,000 gals. diesel fuel for generator. In Council, Read and referred to a public hearing May 22, 2007. So Voted.

Patrick O'Connor request Lowell School Committee list their general budget & staff budget on city's web page or site. In Council, Read and referred to the Mayor. So Voted.

Claims-There was 1 claim for personal injury, which was read and referred to the Law Department on motion of C.R. Mercier, seconded by C. Ramirez. So Voted.

MOTIONS

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

“Request the City Manager respond to reports of Lowell Police transferring to Boston and if so, what are the plans for police coverage here”. In Council, Read and referred to the City Manager. So Voted.

BY C.A. MERCIER, seconded by C.R. Mercier

“Request the City Manager have the Law Department draw the proper vote for a 60 Day Trial Handicap Parking Sign at 127 Dalton St.”. In Council, Read and referred to the City Manager. So Voted.

BY C. MILINAZZO, seconded by “WITHDRAWN”

“Request the City Manager report on the status of expedited permitting project in response to NMCOGS RFP”.

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

“Request the City Manager have the Law Department draw the proper vote to install a flashing red light at the intersection of Pawtucket & Fletcher Sts.”. In Council, Read and referred to the City Manager. So Voted.

BY M. MARTIN, seconded by C. Milinazzo

“Request the City Manager provide an update on efforts to build dog park area”. In Council, Read and referred to the City Manager. So Voted.

At 9:23 PM, C. A. Mercier moved, seconded by C. Broderick “To Adjourn”. So Voted.

Adjourned

Angela Gitschier

Asst. City Clerk