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Home My WebLink About2018-06-25 City Council Minutes MINUTS OF REGULAR MEETING BANGOR CITY COUNCIL—JUNE 25, 2018 Meeting Called to Order at 7:30 PM Chaired by Council Chair Sprague Councilors Absent:None Meeting Adjourned at 9:34 PM RECOGNITION: Recognized the Orono Bog Boardwalk PUBLIC COMMENT Alain Desjardins questioned why the square footage on his stormwater bill was rounded up as it didn't seem fair. Councilor Weston requested a discussion regarding this at the next Finance Committee meeting. CON 'ENTAGEN A ASSIGNED TO EN NO' ... COUNCILOR MINUTES OF: Bangor City Council Meeting of June 11,2018,School Committee Meeting of May 23,2018, Government Operations Committee Meeting of June 4, 2018, Finance Committee Meetings of June 4, 2018 and June 18,2018,Business and Economic Development Committee Meeting of June 19, 2018 and Infrastructure Committee Meetings of April 3,2018 and May 8,2018 Action: Accepted and Approved LIQUOR LICENSES: Application for Liquor License Renewal,Malt, Vinous of Tesoro GRAHAM Pizzeria&Restaurant INC d/b/a Tesoro Pizzeria&Restaurant Inc, 118 Harlow St Action: Approved Application for Liquor License Renewal,Malt,Spirituous, GRAHAM Vinous of Giri Bangor Holiday Inc d/b/a Holiday Inn, 404 Odlin Rd Action: Approved Application for Liquor License Renewal,Malt,Spirituous, GRAHAM Vinous of Chopsticks Restaurant d/b/a Chopsticks Restaurant, 167 Center St. Action: Approved Application for Liquor License Renewal,Malt,Spirituous, GRAHAM Vinous of Judy's Restaurant d/b/a Judy's Restaurant, 125 State St Action: Approved Page 1 MINUTS OF REGULAR MEETING BANGOR CITY COUNCIL—JUNE 25, 2018 "CONSENT-AGENDA ��f € f5 1 , ciouNcriOR Application for Liquor License Renewal,Malt,Spirituous, GRAHAM Vinous of HC Bangor LLC d/b/a Hollywood Casino Hotel& Raceway, 500 Main St. Action: Approved Application for Liquor License Renewal,Malt,Spirituous, GRAHAM Vinous of HC Bangor LLC d/b/a Hollywood Casino Hotel& Raceway, 107 Bass Park Blvd Action: Approved Application for Liquor License Renewal,Malt,Spirituous, GRAHAM Vinous of 112th Open Mess d/b/a 112`" Open Mess, 1356 Hammond St Action: Approved Application for Liquor License New,Malt, Vinous of Queen City GRAHAM Cinema Club d/b/a Queen City Cinema Club, 128B Main St Action: Approved 18-251 RESOLVE Acknowledging Receipt of the Official Results and the PERRY Declaration Results of the June 12, 2018 Primary and Special State Referendum Election and School Budget Validation Election Action: Passed 18-252 ORDER Authorizing the City Manager to accept$2,450.00 in funds as the NEALLEY result of a State Criminal Forfeiture(Ness,Larts) Action: Passed 18-253 ORDER Authorizing the City Manager to accept$826.00 in funds as the NICHOLS result of a State Criminal Forfeiture(Nickerson, Welch) Action: Passed 18-254 ORDER Authorizing the City Manager to accept$2,356.00 in funds as the SUPICA result of a State Criminal Forfeiture(Tracy) Action: Passed Page 2 MINUTS OF REGULAR MEETING BANGOR CITY COUNCIL—JUNE 25, 2018 COQ "N 7 4 z ITEM Ara QOLTIVC, R 18-255 ORDER Appointing a Constable for the Year 2018-Airport TREMBLE Action: Passed 18-256 ORDER Authorizing Execution of Contract with Portland WESTON Glass/Cumberland County Glass in the Amount of$127,495 for the Replacement of the Domestic Terminal Skylight Action: Passed 18-257 ORDER Authorizing Execution of A Locally Administered Agreement NICHOLS with Maine Department of Transportation Project, WIN #023517.00,Resurfacing of a Portion of Hogan Road Action: Passed 18-258 ORDER Authorizing Execution of A Locally Administered Agreement DAVITT with Maine Department of Transportation Project, WIN #023519.00,Pavement Preservation on a Portion of Main Street Action: Passed 18-259 ORDER Authorizing Execution of A Locally Administered Agreement NEALLEY with Maine Department of Transportation Project, WIN #023573.00,Intersection Improvements at State Street and Forest Avenue Action: Passed 18-260 ORDER Discontinuance of a Portion of Pearl Street NICHOLS Action: Passed 18-261 ORDER Authorizing the City Manager to execute an addendum to the SUPICA current ICMA-RC 401(a)Direct Contribution Retirement Plan for the Firefighter,Police Patrol, and Police Command employees Action: Passed 18-262 RESOLVE Ratifying execution of a lease agreement between the City of GRAHAM Bangor and the Bangor Historical Society. Action: Passed Page 3 MINUTS OF REGULAR MEETING BANGOR CITY COUNCIL—JUNE 25, 2018 NT cif ASSIGNED To of .r. ..... ........:........ .:.. � �'.-..: /• '.7,r°., 18-263 ORDER Authorizing Agreement with CEL,LLCfor Storage of a Trash NICHOLS Receptacle Adjacent to 190 Harlow Street Action: Passed TREMBLE ORDER Authorizing the Ciry Manager to Sign a Consent to Lease Termination and Associated Agreement Regarding a Lease Between Waterworks Development,LP and SHWP,LLC Action: Passed 18-265 ORDER Authorizing Execution of Right-of-Entry for Environmental PERRY Assessment and Response with the United States Government- Telford Drive Action: Passed 18-266 ORDER Authorizing the City Manager to execute a contract between the TREMBLE City of Bangor, and the Maine Public Employees Retirement System(MPERS) under the Consolidated Plan for its Participating Local Districts for the city's sworn members of the Police Administration and eligible members ofthe Fire g Administration Action: Passed REFERRALS TO COMMITTEE D FIST READ DING ASSIGNED TO ITEM Na COUNCILOR None. 67/VFWE BUSINESS' ITENQ►, r,, a: COUNCIL 18-240 RESOLVE Making an Adjustment to the Local Education Appropriation PERRY Amount if Additional State Funding Becomes Available Due to State of Maine Legislative Action Action: Motion made and seconded for Passage Passed 18-241 RESOLVE Making an Appropriation of Downtown TIF Funds for SUPICA Expenditures to be Made in Fiscal year 2019 Action: Motion made and seconded for Passage Passed Page 4 MINUTS OF REGULAR MEETING BANGOR CITY COUNCIL-JUNE 25, 2018 ,Pv<g INISHED BUStATESS ,'a Gam, R f Rte¢ 3 f'EE '� f E +fif i{f$E 79:x / VULTNEJAOR E' 18-242 RESOLVE Making an Appropriation for Various Capital Purposes Utilizing TREMBLE Various Reserves, Trust and Agency Accounts and Other Funds for Expenditures to be Made During Fiscal Year 2019 Action: Motion made and seconded for Passage Passed 18-243 RESOLVE Appropriation for Municipal Year 2019 WESTON Action: Motion made and seconded for Passage Motion made and seconded to Amend by Substitution Passed Motion made and seconded for Passage as Amended Motion made and seconded to Amend by withdrawing$240,000 from the undesignated fund for the purpose of reducing the mil rate Vote on 2"d Amendment:3—6 Councilors Voting Yes:Nealley, Tremble, Weston Councilors Voting No:Davitt, Graham,Nichols,Perry,Supica, Sprague Motion Failed Vote on original motion as amended: 7—2 Councilors Voting Yes:Davitt, Graham,Nichols,Perry,Supica, Tremble,Sprague Councilors Voting No:Nealley, Weston Passed as Amended , EW B E �- , sIGN D TO �� ` • �4,k €i of ,N �" 'IT MN?.,,Fm. z . fin•„ .' ,.., sOUN�OK PUBLIC HEARING: Special Amusement License Renewal of Giri Bangor Holiday GRAHAM INC d/b/a Holiday Inn, 404 Odlin Rd Action: Motion made and seconded to Open Public Hearing Public Hearing Opened Motion made and seconded to Close Public Hearing Public Hearing Closed Motion made and seconded for Approval Approved PUBLIC HEARING: Special Amusement License Renewal of HC Bangor LLC d/b/a GRAHAM Hollywood Casino Hotel&Raceway, 500 Main St. Action: Motion made and seconded to Open Public Hearing Public Hearing Opened Motion made and seconded to Close Public Hearing Public Hearing Closed Motion made and seconded for Approval Approved Page 5 MINUTS OF REGULAR MEETING BANGOR CITY COUNCIL—JUNE 25, 2018 W ArtSINEsS f ' *SIGNED TG ITEM' 18-267 ORDER Authorizing Execution of Municipal Quitclaim Deed-Real NICHOLS Estate Located at 72 State Street Action: Motion made and seconded for Passage Passed 18-268 ORDER Authorizing the City Manager to Execute a Permit with Half NEALLEY Acre,Inc. to Allow an Outdoor Seating Area on City Property Action: Motion made and seconded for Passage David Case,President of the Association at 112 Franklin Place, spoke against this motion and felt it would make matters worse. Bill Phillips,Franklin Place,spoke against the motion and asked if there was some way of discouraging people from congregating in the parking lot. Diana Young,Allen Court,stated Kenduskeag Stream is a noise funnel. Janice Pilotte, Court Street,stated she could hear the noise on Court Street. She also said the police have done a remarkable job all year long. Patrick Brann, owner of Half Acre,stated it is more than the patrons of his business that use the parking lot.He said the patio was not the noise problem, it is when people linger outside that is the issue. He said the patio holds 3 tables and they will not be serving alcohol outside. Patrons can take their drink out but there will be no server. Matt Brann appreciated the full thought that went into this.He felt meeting with the neighbors would be a good idea as they were not aware of some of the problems. Catherine Collins said there is very little noise and few cars Sunday through Wednesday. Eileen Hodges stated she likes to keep her windows open but can't on the weekend. Vote:4—5 Councilors Voting Yes:Davitt,Nichols,Supica,Sprague Councilors Voting No: Graham,Nealley,Perry, Tremble, Weston Motion Failed Page 6 f MINUTS OF REGULAR MEETING BANGOR CITY COUNCIL—JUNE 25, 2018 NEW BUS, ,' 3 t 1�„ ss* rffy,t g r 18-269 ORDER Repealing Council Order 97-294,Policy Guidelines for Use of DA VITT City Owned Property and Permitting of Commercial Vendors and Adopting New Policy Guidelines for Commercial Vendors on City Property Action: Councilor Nealley left the meeting. Motion made and seconded for Passage Motion Doubted Vote: 6—2 Councilors Voting Yes:Davitt,Nichols,Perry,Supica, Tremble, Sprague Councilors Voting No: Graham, Weston Passed Councilor Nealley returned to the meeting. 18-270 ORDER Amending the Schedule of Fees-Parks and Recreation- SUPICA Commercial Vendors Action: Motion made and seconded for Passage Passed 18-271 ORDER Authorizing Award of Odlin Road Pump Station Replacement WESTON Contract to Gordon Contracting in the Amount of$970,150 Action: Motion made and seconded for Passage Passed Motion made and seconded to Suspend the Rules to Take Up Council Order 18-272 Passed Councilor Tremble indicated there had been aprevious P determination that he had a conflict of interest with this item. Councilor Tremble left the meeting. 18-272 ORDER Amending the Memorandum of Understanding Between Ciry of NICHOLS Bangor and Penquis CAP for Paratransit Services Action: Motion made and seconded for Passage Passed ATTEST: ,J Lisa . Goodw , C, aty Clerk Page 7