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HomeMy WebLinkAbout2009-05-19 Infrastructure Committee Minutes Infrastructure Committee Tuesday, May 19, 2009 Minutes Councilors Attending: Gerry Palmer, Richard Bronson, Geoffrey Gratwick, Patricia Blanchette, Harold Wheeler Staff Attending: James Ring, Ed Barrett Others Attending: Members of the Penjajawoc Marsh/Bangor Mall Commission, Lucy Quimby, Heather Parent, Steve Ribble Committee convened at 5:00 p.m. 1. Bangor Trails Bangor Trails has been working toward establishment of a public trail from Cascade Park to Stillwater Avenue. The Bangor Trails Committee will update the Infrastructure Committee on progress to date and is seeking support of this effort from the Infrastructure Committee. (A Preliminary Location Map is Attached) Jim stated there has been collaboration since 2005. There’s an ongoing effort between Bangor Land Trust, Keep Bangor Beautiful, and the City of Bangor to develop a plan for a trail system throughout the City. Representatives from Bangor Trails presented a report that is on the City's website. Recent focus has been on more trails, and currently working on a public trail that would run from Cascade Park to Stillwater Avenue and points beyond. Representatives talked to the Committee about progress to date, impacts, and a map that showed the overall plan. Steve Ribble, licensed architect and represented the Bangor Land Trust. He outlined that they've been trying to get a trail system in an around the Bangor for quite some time. In September they came to the Committee with preliminary work, which was forwarded to the Council with a recommendation it be incorporated into City instruments to be implemented over time. He outlined there was a connection that would start a Cascade Park to go through Dorothea Dix Campus, across Mount Hope, across Eastern Maine Community College and across properties along Sylvan Road, going towards Stillwater Avenue. He also noted meetings have been held with landowners. There were in hopes to take a GPS along those routes that they walk and hopefully avoid wetlands. The intent was to seek support at this Committee and noted particular importance for the Memorandum of Agreement for Eastern Maine Community College and for Dorothea Dix, it would be an acknowledgment and that the public would have access to it. Councilor Blanchette if they would be heading towards the Veazie Railroad. Jim Ring stated one clear objective was not to propose trails without the concurrence of property owners. Councilor Bronson, Councilor Gratwick expressed support and noted the increase in property value with this amenity. Steve Ribble stated that on th June 6 they would make an announcement to the public and noted there would be a 25 year rededication of Saxal Park on the campus and the governor and others will be in attendance. Lucy Quimby stated that this 1 would be an important amenity for the City, at hopefully a low budget cost. She complimented City Staff for their endeavor and help. Councilor Wheeler asked Lucy there was a cost to the City as she had implied. Lucy stated she supposed that the time for Ed Barrett and Jim Ring did not come for free. Ed stated there may be a minimal cost later down the road if there was a property owner who did not have a trail system in existence, one might need to be built. Currently there was no cost. He also stated opportunity for grants. Councilor Palmer asked about ADA compliance and suggested feedback from groups such as Alpha-1 and schools. Councilor Blanchette suggested they look at the makeup of Parks and Recreation Committee to perhaps incorporate advocates for ADA compliance and folks with disabilities along with the Parking Committee. Ed stated there was a representative from Alpha-1 on the Committee. There would be a resolve on the Council Agenda. Councilor Gratwick motioned and Councilor Bronson seconded for passage. 2. Revised Harbor Dock Rules Staff and the Harbor Committee has developed a revised set of Dock Rules for the Waterfront. These require approval by the Infrastructure Committee. (Copy of Existing and Revised Rules Attached) Jim Ring noted harbor rules for the use of the docks on page 20. Current rules were approved in 2006. Harbor Committee recommendations appear on page 19. The revisions were outlined: No skateboarding, rollerblading or bicycling is allowed on any dock, float, or gangway access ramp. Dock five has been problematic. Children must wear personal flotation devices while occupying or transiting docks, floats or gangways. The previous recommendation was 10 years old; this would be 12 years old as revised. This also would be in compliance with the state laws for this particular age to wear flotation devices on boats. Access to the dock leasing space limit access to the docks occupied by vessels leasing space from the City is limited to vessel owners and guests unless otherwise posted. All unattended vessels included dinghies and tenders must be locked to the dock utilizing a chain or cable lock system. Outboard motors and oars must be locked to dinghies or be removed. Locking system must be provided by owners and be sufficiently sized to deter vandalism. Unreasonable noise from radios and other devices parties, loud talking not allowed after 10 p.m. All ordinary trash and litter must be promptly and properly disposed of in receptacles provided. The word ordinary trash has been added to this particular language. Before commencing any repairs, sanding, painting, carpentry, engine work, etc., approval must be obtained from the Harbor Master. All private contractors must register with the Harbor Master. Owners and contractors must make separate arrangements for disposal of waste generated by repair and maintenance activities. No fishing is allowed from docks or floats occupied by vessels. Fishing from unoccupied docks may be allowed, but only with the Harbor Master's permission. No swimming or driving is allowed from any City dock or from the shore. Also noted the City Solicitor has reviewed for legality purposes. Councilor Wheeler asked what the regulations were for the no wake zone. Jim stated under Maine regulations there were provisions for no wake zones. The vessels were only to operate at a headway speed so they don't create large wakes. Councilor Wheeler also brought up number six, unreasonable noise from radios and other electronic devices. Were the boaters being unfairly done to with the Sea Dog next door with potential unreasonable noise? Jim stated he was unclear how the answer that particular question. He had presented it to the City Solicitor who found no issue with the rules in general, although this particular one had not been discussed. Jim stated the key word was unreasonable, and how to define unreasonable behavior. In the past there had been complaints from those who did sleep on the boats that there was an issue, and he referred to camping where they had quiet hours such as 10 o'clock, noting that it was a 2 property management issue. Councilor Blanchette also concurred with the camping rule where it was typical to have quiet time at 10 p.m., and a reminder that this was a public dock and it would be reasonable. Councilor Gratwick suggested that these rules incorporate “for problems contact” perhaps the police department. Jim stated that the point of contact would be the Harbor Master, and if severe enough to contact the police department. Councilor Palmer commented on number twelve and suggested no swimming or diving be allowed from a bridge or boat, also state no swimming or diving in the Harbor. Jim said there was no way to control dives off boats. The water belonged to the State of Maine and not to the City of Bangor. The same point applied to the bridges. There was motion from Councilor Palmer for recommendation of acceptance or harbor rules and seconded. Councilor Blanchette did not believe it was excessive to change the timeframe to 10 p.m. Councilor Blanchette supported. A vote was taken, all were in favor except Councilor Wheeler who had an objection to rule number six. Councilor Blanchette stated this did not have to go to the full Council and a sign could be printed up. 1. Referral: Council Ordinance 09-145 Amending Chapter 194, Code of the City of Bangor - Noise This Amendment is proposed in conjunction with the change in the Land Development Code, Chapter 165, Definitions. It replaces the terms nightclub, dance hall, or lounge with bar, tavern, lounge. Referred from April 27, 2009 Council Meeting (Copy of Ordinance Attached) Ed stated a number of ordinances were passed by the Council. The Council had concern over the definition of the facilities that they would apply to, if they would apply to nightclubs, dance halls, or disco. Those appeared in three places in the Ordinances and two of those Ordinances were in the Land Development Code, which must go to the Planning Board for recommendation, which would be after this meeting. The only thing being done was amending nightclubs, dance halls, and discos and substituting our tavern or lounge. This would be changing the words and tightening the definition to ensure it didn't spill over into things like restaurants and certain other establishments. Councilor Bronson asked why they wouldn't leave the nightclubs, dance halls, or disco in the Ordinance, just incorporate tavern and lounge. In the instance that someone came in applied for a license for dance hall they leave all of those terms in. Ed stated under the new definition of tavern or lounge, it would be any establishment in the primary business of serving alcohol and whether it was associated with entertainment or not. The focus was in establishments serving alcohol. There was continued discussion of noise annoyance relating to alcohol. It was moved for Council recommendation, Councilor Palmer seconded, Councilor Blanchette stated this would be a useless Ordinance as she had stated previously. Yes were Councilor Gratwick, Councilor Bronson, and Councilor Palmer. Opposed: Councilor Blanchette and Councilor Wheeler. Motion to adjourn, Councilor Palmer seconded at approximately 6:26. 3