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Home My WebLink About2013-05-13 City Council Minutes MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 13, 2013 Meeting called to order at 7:30 PM Chaired By: Chairman Durgin Councilors Absent: None Meeting Adjourned at 9:35 PM 13-168 ORDER Confirming the Appointment of Mark J. Hathaway as Chief of Police HAWES and Authorizing the Execution of an Employment Agreement Action: Motion made and seconded for Passage Passed Swearing-in Ceremony - Police Chief Mark Hathaway Recognition: Recognized Mei Tian as the Maine Municipal Association’s award recipient for her essay “If I Led My Community” Recognized and Expressed Appreciation to the Volunteer Maine Troop Greeters at Bangor International Airport Recognized and Expressed Appreciation to the Airfield Maintenance Division at Bangor International Airport PUBLIC COMMENT Michael Gleason from Walter Street spoke about the intersection of Washington and Oak Streets approaching the Penobscot Bridge. This is his third request asking that the right lane would be a turn only lane. Councilor Gallant asked if it could be put on the next Infrastructure Committee Meeting. CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR MINUTES OF: Bangor City Council Special Meeting of April 22, 2013, Bangor City Council Regular Meeting of April 22, 2013, Bangor School Committee Meeting of April 10, 2013, Finance Committee Meeting of March 18, 2013, Government Operations Committee Meetings of March 4, 2013 and March 18, 2013, Infrastructure Committee Meetings of April 9, 2013 and April 23, 2013, Airport Committee Meetings of February 12, 2013, March 12, 2013 and April 9, 2013, Business and Economic Development Committee Meeting of April 2, 2013 Action: Approved and Accepted Liquor License Renewals: Application for Liquor License Renewal, Malt, Spirituous Vinous of LONGO Smith Towle Inc. d/b/a Grill on the Green, 278 Webster Avenue Action: Approved Application for Liquor License Renewal, Malt, Spirituous, Vinous of LONGO Capitol BC Restaurants LLC d/b/a Bugaboo Creek Steak House, 24 Bangor Mall Boulevard Action: Approved 13-146 ORDER Authorizing the City Manager to Execute a Quitclaim Deed Granting a GALLANT Portion of a Paper Street Known as Gray Street to the Adjacent Property Owners at 30 Gray Street Page 1 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 13, 2013 Action: Passed 13-147 ORDER Authorizing the City Manager to Execute a Quitclaim Deed Granting a BALDACCI Portion of a Paper Street Known as Gray Street to the Adjacent Property Owners at 85 Mildred Avenue Action: Passed 13-148 ORDER Authorizing Bid Award in the Amount of $143,924 to Freightliner of BLANCHETTE Maine for Purchase of (2) Cab & Chassis Action: Passed 13-149 ORDER Authorizing Bid Award in the Amount of $124,700 to Eastwood NEALLEY Contractors for Sewer Maintenance/Repairs Action: Passed 13-150 ORDER Assuring and Certifying the City’s Compliance with Certain CIVIELLO Requirements for Community Development Funds Action: Passed 13-151 ORDER Authorizing Execution and Filing with the Department of Housing and SPRAGUE Urban Development a Final Consolidated Housing and Community Development Plan for Community Development Entitlement Funds under Title I of the Housing and Community Development Act of 1974 Action: Passed 13-152 ORDER Appointing the City Manager as Responsible Federal Official HAWES Action: Passed 13-153 ORDER Accepting a Payment of Two Thousand Dollars ($2,000.00) from the LONGO Town of Orono in Support of the Health and Community Services Department Action: Passed REFERRALS TO COMMITTEE AND FIRST READING ASSIGNED TO ITEM NO. COUNCILOR 13-154 ORDINANCE Establishing Chapter 274, Synthetic Drugs, of the Code of the City of BALDACCI Bangor Action: Motion made and seconded for Passage Motion made and seconded for Passage Councilor Baldacci moved to add language to provide that the threat to Councilor Baldacci moved to add language to provide that the threat to public safety of synthetic drugs made this an emergency and it is to take public safety of synthetic drugs made this an emergency and it is to take effect immediately. effect immediately. Vote: 9-0 Vote: 9-0 Councilors voting yes: Baldacci, Blanchette, Civiello, Gallant, Hawes, Councilors voting yes: Baldacci, Blanchette, Civiello, Gallant, Hawes, Longo, Nealley, Sprague, Durgin Longo, Nealley, Sprague, Durgin Councilors voting no: None Councilors voting no: None Passed Passed Page 2 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 13, 2013 13-155 ORDINANCE Amending Chapter 260, Signs, of the Code of the City of Bangor, By CIVIELLO Reorganizing On-Premises Provisions and Loosening Restrictions on Window Signs and Flags Action: First Reading and Referral to Business and Economic Development Committee Meeting of May 21, 2013 13-156 ORDINANCE Amending Chapter 252, Land Development Code, of the Code of the GALLANT City of Bangor, By Creating a Connection Fee Action: First Reading 13-157 ORDER Authorizing a $1,200,000 Bond Issue for Cameron Stadium BLANCHETTE Improvements Action: Motion made and seconded for Passage. Councilor Civiello moved to Motion made and seconded for Passage. Councilor Civiello moved to amend to provide that the borrowing would have to go to the voters for amend to provide that the borrowing would have to go to the voters for approval at the June 2013 election. City solicitor explained that it could approval at the June 2013 election. City solicitor explained that it could not be at the June election because elections had to be no sooner than not be at the June election because elections had to be no sooner than 60 days. Councilor Civiello withdrew the motion and made a motion 60 days. Councilor Civiello withdrew the motion and made a motion that Council approval of the bond issue in this order be subject to voter that Council approval of the bond issue in this order be subject to voter ratification under the same conditions as provided by the City Charter, ratification under the same conditions as provided by the City Charter, Article VIII, Section 19, on a date to be set by the Council Article VIII, Section 19, on a date to be set by the Council Motion failed for the lack of a second. Motion failed for the lack of a second. Passed Passed 13-158 ORDINANCE Amending Land Development Code – Contract Zone Change – 759 SPRAGUE Union Street from Urban Residence One District to a Contract Urban Residence Two District Action: First Reading and Referral to Planning Board Meeting of May 21, 2013 13-159 RESOLVE Making an Appropriation for the School District Contribution to the BLANCHETTE Total Cost of Funding Public Education from Kindergarten to Grade 12 as Required by 20-A MRSA Section 15690 1. A-B Action: First Reading 13-160 RESOLVE Making an Appropriation for Adult Education for the Bangor School BALDACCI Department as Required by 20-A MRSA Section 8603-A (1) Action: First Reading 13-161 RESOLVE Making an Appropriation for Vocational Education Region #4 CIVIELLO Pursuant to Title 20-A, Chapter 606, 15601-15619, Maine Revised Statutes Annotated Action: First Reading 13-162 RESOLVE Making an Appropriation for Non-State Funded Debt Service GALLANT Allocation for the Bangor School Department as Required by 20-A MRSA Section 15690 2. A Action: First Reading Page 3 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 13, 2013 13-163 RESOLVE Approving School Department Estimates of Revenue from State HAWES Sources and Budget-Enterprise Fund Action: First Reading 13-164 RESOLVE Approving School Department Estimates of Revenue from State LONGO Sources and Budget-Special Revenue Fund Action: First Reading 13-165 RESOLVE Approving School Department Estimates of Revenue and Budget – NEALLEY Trust and Agency Fund Action: First Reading 13-166 RESOLVE Making an Appropriation for the Bangor School Department in Excess SPRAGUE of the Maximum Spending Target Established by 20-A MRSA Section 15671 A. 4 Action: First Reading 13-167 RESOLVE Making an Appropriation for the Total School Budget for the Bangor BLANCHETTE School Department as Required by 20-A MRSA Section 15690 4. A Action: First Reading UNFINISHED BUSINESS ASSIGNED TO ITEM NO. COUNCILOR 13-104 ORDINANCE Amending Chapter 165 of the Code of the City of Bangor – Section GALLANT 165-92 – Urban Service District (USD) and Section 165-97 - Government and Institutional Service District (G & ISD) - Emergency Shelters Action: Motion made and seconded for Passage Motion made and seconded for Passage Vote: 5-4 Vote: 5-4 Councilors voting yes: Baldacci, Blanchette, Gallant, Hawes, Durgin Councilors voting yes: Baldacci, Blanchette, Gallant, Hawes, Durgin Councilors voting no: Civiello, Longo, Nealley, Sprague Councilors voting no: Civiello, Longo, Nealley, Sprague Vote failed because it required 6 yes votes as the Planning Board Vote failed because it required 6 yes votes as the Planning Board recommended against the proposed ordinance recommended against the proposed ordinance Failed Failed 13-105 ORDINANCE Amending Chapter 165, Land Development, of the Code of the City of HAWES Bangor – Section 165-13 – Definitions – Transitional Housing and Emergency Shelters Action: Motion made and seconded for Passage Motion made and seconded for Passage Vote: 9-0 Vote: 9-0 Councilors voting yes: Baldacci, Blanchette, Civiello, Gallant, Hawes, Councilors voting yes: Baldacci, Blanchette, Civiello, Gallant, Hawes, Longo, Nealley, Sprague, Durgin Longo, Nealley, Sprague, Durgin Councilors voting no: None Councilors voting no: None Passed Passed 13-106 ORDINANCE Amending Chapter 165, Land Development, of the Code of the City of BLANCHETTE Page 4 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 13, 2013 Bangor – Section 165-97 –Government and Institutional Services District (G&ISD) Action: Motion made and seconded for Passage Motion made and seconded for Passage Vote: 9-0 Vote: 9-0 Councilors voting yes: Baldacci, Blanchette, Civiello, Gallant, Hawes, Councilors voting yes: Baldacci, Blanchette, Civiello, Gallant, Hawes, Longo, Nealley, Sprague, Durgin Longo, Nealley, Sprague, Durgin Councilors voting no: None Councilors voting no: None Passed Passed 13-139 RESOLVE Authorizing the City Manager to Accept and Appropriate $334,211 in BALDACCI Shelter Plus Care Funds from the U.S. Department of Housing and Urban Development (HUD) Action: Motion made and seconded for Passage Passed 13-140 ORDINANCE Amending Chapter 165, Land Development, of the Code of the City of GALLANT Bangor – Section 165-135, Developing Area Development Standards Action: Motion made and seconded for Passage Motion made and seconded for Passage Vote: 9-0 Vote: 9-0 Councilors voting yes: Baldacci, Blanchette, Civiello, Gallant, Hawes, Councilors voting yes: Baldacci, Blanchette, Civiello, Gallant, Hawes, Longo, Nealley, Sprague, Durgin Longo, Nealley, Sprague, Durgin Councilors voting no: None Councilors voting no: None Passed Passed 13-141 ORDINANCE Amending Map Entitled “Downtown Parking Management District” SPRAGUE By Altering Two Spaces on Park Street Action: Motion Made and seconded for Passage Motion Doubted Vote: 7-2 Councilors voting yes: Blanchette, Civiello, Gallant, Hawes, Nealley, Sprague, Durgin Councilors voting no: Baldacci, Longo Passed PUBLIC HEARING: 13-142 ORDER Authorizing Refinancing of Certain of the City of Bangor’s Existing BLANCHETTE Bond Obligations (Bangor International Airport) and the Issuance of the City’s General Obligation Refunding Bonds and a Tax Levy Therefor Action: Motion made and seconded to Open the Public Hearing Public Hearing Opened Motion made and seconded to Close the Public Hearing Public Hearing Closed Motion made and seconded for Approval Approved PUBLIC HEARING: 13-143 ORDER Authorizing Refinancing of Certain of the City of Bangor’s Existing NEALLEY Bond Obligations (Series 2003A, 2004, 2005A and 2006) and the Issuance of the City’s General Obligation Refunding Bonds and a Tax Levy Therefor Page 5 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 13, 2013 Action: Motion made and seconded to Open the Public Hearing Public Hearing Opened Motion made and seconded to Close the Public Hearing Public Hearing Closed Motion made and seconded for Approval Approved NEW BUSINESS ASSIGNED TO ITEM NO. COUNCILOR LIQUOR LICENSE Application for Liquor License Renewal, Malt, Spirituous, Vinous of LONGO RENEWAL CLASS XI Allon R. Fish d/b/a DMF International Inc., 299 Godfrey Boulevard Action: Motion made and seconded to Open the Public Hearing Public Hearing Opened Motion made and seconded to Close the Public Hearing Public Hearing Closed Motion made and seconded for Approval Approved PUBLIC HEARING: Application for Liquor License, Malt, Spirituous, Vinous of Dysart’s LONGO Service Inc. d/b/a Dysart’s Event Center, 1110 Broadway Action: Motion made and seconded to Open the Public Hearing Public Hearing Opened Motion made and seconded to Close the Public Hearing Public Hearing Closed Motion made and seconded for Approval Approved PUBLIC HEARING: Application for Special Amusement License of Dysart’s Service Inc. LONGO d/b/a Dysart’s Event Center, 1110 Broadway Action: Motion made and seconded to Open the Public Hearing Public Hearing Opened Motion made and seconded to Close the Public Hearing Public Hearing Closed Motion made and seconded for Approval Approved 13-169 ORDER Authorizing Amendment to Development Agreement Between the City SPRAGUE of Bangor and Queen City Properties, LLC - 22 Merchants Plaza Action: Motion made and seconded for Passage Passed 13-170 ORDER Authorizing the City Manager to Execute an Agreement with the CIVIELLO Maine Department of Transportation – Kittredge Road Realignment Project, MDOT #18435.00 Action: Motion made and seconded for Passage Passed Page 6 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 13, 2013 13-171 ORDER Authorizing the Transfer of $5,000 from the General Assistance BALDACCI Account for the Purpose of Making a Contribution to the United Way of Androscoggin County for the Benefit of the Victims of the Lewiston Fires Action: Motion made and seconded for Passage Passed _______________________________ Dianne Lovejoy, Deputy City Clerk, CCM Page 7