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Home My WebLink About2009-05-27 City Council Minutes MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 27, 2009 CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR Called to Order at 7:30 p.m. Chaired by Council Chair Palmer Councilors Present: All Adjourned at 9:30 p.m. PUBLIC COMMENTS: Ms. Spencer voiced her concern over increased parking fees. MINUTES OF: Business and Economic Development Committee Meeting of March 18, 2009, Regular Meeting of the Bangor City Council of May 11, 2009, Special Committee on Arena Implementation of April 16, 2009, Bangor Water District Board of Trustees Meeting of April 21, 2009, Finance Committee Meeting of April 22, 2009 and Bangor School Committee Regular Meeting of April 29, 2009 ACTION Approved 09-178 ORDER Accepting the Resignation of Randy Gardner from the Board HAWES of Appeals ACTION Passed 09-179 ORDER Adopting the City of Bangor Records Disaster Recovery Plan GRATWICK ACTION Passed 09-180 ORDER Authorizing the Transfer of Unexpended Energy Appropriations NEALLEY Within the General Fund to Partially Fund the Costs Associated with the City’s Energy Conservation Projects ACTION Passed MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 27, 2009 REFERRALS TO COMMITTEES AND FIRST READING ASSIGNED TO ITEM NO. COUNCILOR NONE MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 27, 2009 UNFINISHED BUSINESS ASSIGNED TO ITEM NO. COUNCILOR 09-143 ORDINANCE Amending Land Development Code, Chapter 165, Section 165-13, WHEELER Definitions ACTION Motion Made and Seconded for Passage Vote: 9-0 Councilors Voting Yes: Blanchette, Bronson, D’Errico, Gratwick, Hawes, Nealley, Palmer, Stone and Wheeler Councilors Voting No: None Passed 09-144 ORDINANCE Amending Land Development Code, Chapter 165, Section 165-92D BRONSON and Section 165-93D – Urban Service District and Downtown Development District ACTION Motion Made and Seconded for Passage Vote: 9-0 Councilors Voting Yes: Blanchette, Bronson, D’Errico, Gratwick, Hawes, Nealley, Palmer, Stone and Wheeler Councilors Voting No: None Passed 09-145 ORDINANCE Amending Chapter 194, Code of the City of Bangor – Noise GRATWICK ACTION Motion Made and Seconded for Passage Vote: 8-1 Councilors Voting Yes: Bronson, D’Errico, Gratwick, Hawes, Nealley, Palmer, Stone and Wheeler Councilors Voting No: Blanchette Passed 09-153 ORDINANCE Amending the Code of the City of Bangor, Chapter 291, Article STONE III – Parking, Section 291-45, Waiving Court Hearing for Violation; fees ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Amend by Substitution Passed Motion Made and Seconded for Passage As Amended Vote: 9-0 Councilors Voting Yes: Blanchette, Bronson, D’Errico, Gratwick, Hawes, Nealley, Palmer, Stone and Wheeler Councilors Voting No: None Passed As Amended 09-154 ORDINANCE Amending the Code of the City of Bangor, Chapter 291, Article GRATWICK III – Parking, Section 291-37B(1), Downtown Parking Management Area – Violation Waiver Policy ACTION Motion Made and Seconded for Passage Vote: 8-1 Councilors Voting Yes: Bronson, D’Errico, Gratwick, Hawes, Nealley, Palmer, Stone and Wheeler Councilors Voting No: Blanchette Passed MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 27, 2009 UNFINISHED BUSINESS continued ASSIGNED TO ITEM NO. COUNCILOR 09-155 ORDINANCE Amending the Code of the City of Bangor, Chapter 278, Taxicabs, BLANCHETTE § 278-1, Definitions, to Allow Taxicabs with a Capacity of Nine People ACTION Motion Made and Seconded for Passage Vote: 9-0 Councilors Voting Yes: Blanchette, Bronson, D’Errico, Gratwick, Hawes, Nealley, Palmer, Stone and Wheeler Councilors Voting No: None Passed 09-156 ORDINANCE Amending the Code of the City of Bangor, Chapter 278, Taxicabs, NEALLEY § 278-3, Taxicab Licenses, to Conform Insurance Requirements to State Standards ACTION Motion Made and Seconded for Passage Vote: 9-0 Councilors Voting Yes: Blanchette, Bronson, D’Errico, Gratwick, Hawes, Nealley, Palmer, Stone and Wheeler Councilors Voting No: None Passed 09-157 ORDINANCE Amending the Code of the City of Bangor – Chapter 228, Public WHEELER Morals – Designating Safe Zones Within the City of Bangor ACTION Motion Made and Seconded for Passage Vote: 9-0 Councilors Voting Yes: Blanchette, Bronson, D’Errico, Gratwick, Hawes, Nealley, Palmer, Stone and Wheeler Councilors Voting No: None Passed 09-160 ORDER Authorizing Development Agreement with Bangor Gas for D’ERRICO Sale and Development of a Portion of Lot 14 in the Maine Business Enterprise Park ACTION Motion Made and Seconded to Postpone to 6/8/09 Postponed 09-169 RESOLVE Vocational Education Region #4 Appropriation Pursuant to BLANCHETTE Title 20-A, Chapter 606, 15601-15619, Maine Revised Statutes Annotated ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Amend by Substitution Passed Motion Made and Seconded for Passage As Amended Passed As Amended 09-170 RESOLVE Approving School Department Estimates of Revenue from State BRONSON Sources and Budget – Enterprise Fund ACTION Motion Made and Seconded for Passage Passed MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 27, 2009 UNFINISHED BUSINESS continued ASSIGNED TO ITEM NO. COUNCILOR 09-171 RESOLVE Approving School Department Estimates of Revenue from State NEALLEY Sources and Budget – Special Revenue Fund ACTION Motion Made and Seconded for Passage Passed 09-172 RESOLVE Approving School Department Estimates of Revenue and Budget - WHEELER Trust and Agency Fund ACTION Motion Made and Seconded for Passage Passed 09-173 RESOLVE Making an Appropriation for the School District Contribution to the D’ERRICO Total Cost of Funding Public Education from Kindergarten to Grade 12 as Required by 20-A MRSA Section 15690 1.A-B ACTION Motion Made and Seconded for Passage Passed 09-174 RESOLVE Making an Appropriation for Non-State Funded Debt Service GRATWICK Allocation for the Bangor School Department as Required by 20-A MRSA Section 15690 2.A ACTION Motion Made and Seconded for Passage Passed 09-175 RESOLVE Making An Appropriation for the Bangor School Department in STONE Excess of the Maximum Spending Target Established by 20-A MRSA Section 15671 A.4 ACTION Motion Made and Seconded for Passage Motion Doubted Vote: 8-1 Councilors Voting Yes: Blanchette, Bronson, D’Errico, Hawes, Nealley, Palmer, Stone and Wheeler Councilors Voting No: Gratwick Passed 09-176 RESOLVE Making An Appropriation for the Total School Budget for the HAWES Bangor School Department as Required by 20-A MRSA 15690 4.A ACTION Motion Made and Seconded for Passage Motion Doubted Vote: 8-1 Councilors Voting Yes: Blanchette, Bronson, D’Errico, Hawes, Nealley, Palmer, Stone and Wheeler Councilors Voting No: Gratwick Passed MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 27, 2009 UNFINISHED BUSINESS continued ASSIGNED TO ITEM NO. COUNCILOR 09-177 RESOLVE Making An Appropriation for Adult Education for the Bangor BLANCHETTE School Department as Required by 20-A MRSA Section 8603-A(1) ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Amend by Substitution Passed Motion Made and Seconded for Passage As Amended Passed As Amended MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 27, 2009 NEW BUSINESS ASSIGNED TO ITEM NO. COUNCILOR Liquor License Renewal: R. Everett Enterprises, Inc dba Raena’s Pub, 14 Larkin Street Motion Made and Seconded for Passage Passed \\ Public Hearing: Application for Liquor License, Malt, Spirituous and Vinous, McCoy Enterprise, LLC, dba Fahrenheit’s Pub, 123 Franklin Street ACTION Motion Made and Seconded to Open the Public Hearing Public Hearing Opened Dale Wilkes, resident of Franklin Place, expressed concerns Regarding noise from past owners at this location Scott McCoy, business owner, stated that he wants io have A pub atmosphere rather than a club Motion Made and Seconded to Close the Public Hearing Public Hearing Closed Motion Made and Seconded for Passage Passed Public Hearing: Application for Special Amusement Permit, McCoy Enterprise, LLC, dba Fahrenheit’s Pub, 123 Franklin Street ACTION Motion Made and Seconded to Open the Public Hearing Public Hearing Opened No one from the Public came forward Motion Made and Seconded to Close the Public Hearing Public Hearing Closed Motion Made and Seconded for Passage Passed Public Hearing: Application for Special Amusement Permit, Diane Cormier, dba Diva’s Gentleman’s Club, 190 Harlow Street ACTION Motion Made and Seconded to Open the Public Hearing Public Hearing Opened No one from the Public came forward Motion Made and Seconded to Close the Public Hearing Public Hearing Closed Motion Made and Seconded for Passage Passed 09-181 ORDER Proposing Amendment to the Bangor City Charter, Article IV, WHEELER Section 3, Nominations and Elections – Number of Signatures Required for Nomination Petition ACTION Motion Made and Seconded to Open the Public Hearing Public Hearing Opened No one from the Public came forward Motion Made and Seconded to Close the Public Hearing Public Hearing Closed Motion Made and Seconded for Passage Passed MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 27, 2009 NEW BUSINESS continued ASSIGNED TO ITEM NO. COUNCILOR 09-182 ORDER Proposing Amendment to the Bangor City Charter, Article IV, WHEELER Section 8, Contents and Form of Ballot – Order of Candidate Names on Ballot ACTION Motion Made and Seconded to Open the Public Hearing Public Hearing Opened No one from the Public came forward Motion Made and Seconded to Close the Public Hearing Public Hearing Closed Motion Made and Seconded for Passage Passed 09-183 ORDER Authorizing the City Manager to Enter into an Agreement with D’ERRICO Irving Oil Terminals, Inc., to Provide Jet Fuel at Bangor International Airport ACTION Motion Made and Seconded for Passage Passed 09-184 ORDER Authorizing the City Manager to Enter into an Agreement with NEALLEY Western Petroleum Company of Minnesota, to Provide Fuel to the Fixed Base Operator at Bangor International Airport ACTION Motion Made and Seconded for Passage Passed 09-185 ORDER Authorizing the City Manager to Enter into an Agreement with BRONSON ExxonMobil for the Purchase of its Interest in Assets and Fuel Trucks at Bangor International Airport ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Amend by Substitution Passed Motion Made and Seconded for Passage As Amended Passed As Amended 09-186 RESOLVE Directing the City Manager to Present a Budget for Council STONE Consideration that Maintains the Current Tax Rate ACTION Motion Made and Seconded for Passage Vote: 8-1 Councilors Voting Yes: Bronson, D’Errico, Gratwick, Hawes, Nealley, Palmer, Stone and Wheeler Councilors Voting No: Blanchette Passed 09-187 -RESOLVE Expressing the Support of the City Council for the Efforts of Bangor BLANCHETTE Trails to Establish a Public Trail Connecting Cascade Park with Stillwater Avenue ACTION Motion Made and Seconded for Passage Steve Ribble, representing Bangor Land Trust & Bangor Trails, Urged council support Passed MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL – MAY 27, 2009 NEW BUSINESS continued ASSIGNED TO ITEM NO. COUNCILOR 09-188 ORDER Authorizing Second Amendment to Indenture of Lease between City D’ERRICO of Bangor and Cabrel Company ACTION Motion Made and Seconded for Passage Passed 09-189 ORDER Authorizing Third Amendment to Indenture of Lease between City GRATWICK of Bangor and Stillwater Realty Trust- 900 Hammond Street ACTION Motion Made and Seconded for Passage Passed 09-190 ORDER Authorizing Execution and Filing of a Substantial Amendment HAWES to the City of Bangor 2008 Community Development Annual Action Plan Pursuant to the American Recovery and Reinvestment Act ACTION Motion Made and Seconded for Passage Passed 09-191 ORDER Awarding Contract for Cumberland St & Griffin Rd. Resurfacing BRONSON ACTION Motion Made and Seconded for Passage Passed 09-192 ORDER Awarding Bid for Vacuum Road Sweeper STONE ACTION Motion Made and Seconded for Passage Motion Made and Seconded to Amend by Substitution Passed Motion Made and Seconded for Passage As Amended Passed As Amended