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Home My WebLink About2019-05-13 City Council Minutes REGULAR MEETING BANGOR CITY COUNCIL—MAY 13, 2019 Meeting Called to Order at 7:30 PM Chaired by Council Chair Nichols Councilors Absent: Tremble Meeting Adjourned at 8:26 PM RECOGNITION: Recognized Ijeoma Obi, Winner of Girls Rock!Awards PUBLIC COMMENT None. CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR MINUTES OF: Bangor City Council Regular Meeting of April 22, 2019,Bangor School Committee Special Meeting of April 3,2019 and Regular Meeting of April 24,2019,Finance Committee Meeting of April 22,2019, Government Operations Committee Meeting of May 6,2019 and Business and Economic Development Committee Meeting of May 7,2019 Action: Accepted and Approved LIOUOR LICENSE Application for Liquor License Renewal,Malt,Spirituous, Vinous GRAHAM RENEWALS: of Waterfront Concerts,LLC d/b/a Waterfront Concerts, 1 Railroad Street,Pending Fire Approval Action: Approved Application for Liquor License Renewal,Malt,Spirituous, Vinous GRAHAM of Global Spectrum,LP d/b/a Cross Insurance Center, 515 Main Street Action: Approved LIQUOR LICENSE Application for Liquor License New,Malt,Spirituous, Vinous of GRAHAM NEW: MF Dream LLC d/b/a Benjamin's Pub, 123 Franklin Street Action: Approved 19-165 ORDER Authorizing Execution of Municipal Quitclaim Deed-Mobile NEALLEY Home Located at 15 Holiday Park Action: Passed 19-166 ORDER Authorizing Execution of Municipal Quitclaim Deed-Real SUPICA Estate Located at 193 Birch Street Action: Passed Page 1 REGULAR MEETING BANGOR CITY COUNCIL—MAY 13, 2019 CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR 19-167 ORDER Authorizing Execution of Municipal Quitclaim Deed-Real SPRAGUE Estate Located on Burleigh Road Action: Passed 19-168 ORDER Appointing Constables for the Year 2019 SUPICA Action: Passed 19-169 ORDER Authorizing Execution of Subordination Agreement with Bangor NEALLEY Savings Bank-17 Shepherd Drive Action: Passed 19-170 ORDER Authorizing City Manager to Execute Modification Agreement#1 DAVITT with Maine Department of Transportation-22827.00 Union/Main Street Intersection Improvements Action: Passed 19-171 ORDER Authorizing City Manager to Execute Modification Agreement#1 NEALLEY with Maine Department of Transportation-23517.00 Hogan Road Resurfacing Action: Passed 19-172 ORDER Authorizing Acceptance of Assignment and Release from Urban TREMBLE Renewal Authority Action: Passed 19-173 ORDER Authorizing the City Manager to execute a temporary use TREMBLE agreement between Avis/Budget Rent-a-Car System,Inc. and the City of Bangor for the rental of a portion of the Bangor International Airport's remote shuttle lot Action: Passed 19-174 RESOLVE Rating Execution of a Municipal Quitclaim Deed-Mobile GRAHAM Home Located at 85 Holiday Park Action: Passed 19-175 RESOLVE Ratifying Execution of Right-of-Entry for Environmental SPRAGUE Assessment and Response- Telford Drive Action: Passed Page 2 REGULAR MEETING BANGOR CITY COUNCIL —MAY 13, 2019 REFERRALS TO COMMITTEE AND FIRST READING ASSIGNED TO ITEM NO. COUNCILOR 19-176 ORDINANCE Amending Chapter 71,Bangor Center Revitalization Area,to GRAHAM remain consistent with requirements of Chapter 148,Historic Preservation Action: First Reading 19-177 ORDINANCE Amending Chapter 148,Historic Preservation,to Clarify TREMBLE Language and Make Several Changes to the Regulation of Historic Properties in Bangor Action: First Reading 19-178 ORDINANCE Amending Chapter 223,Property Maintenance,Section 223-4, SCHAEFER to Require Mowing of Esplanades Action: First Reading 19-179 ORDINANCE Amending Chapter 165,Land Development Code—Contract NEALLEY Zone Change—Davis Road and Ohio Street from Rural Residence and Agricultural District(RR&A)to Contract Multifamily and Service District M&SD).Applicant is proposing affordable housing for senior citizens Action: First Reading and Referral to Planning Board Meeting of May 21, 2019 19-180 RESOLVE Appropriating$8,780 in Federal Emergency Management WESTON Agency(FEMA)funds to Fund Parks and Recreation Center Shower and Kitchen Renovations Action: First Reading 19-181 RESOLVE Making an Appropriation for Adult Education for the Bangor DA VITT School Department as Required by 20-A MRSA Section 8603-A (1) Action: First Reading 19-182 RESOLVE Making an Appropriation for Non-State Funded Debt Service SPRAGUE Allocation for the Bangor School Department as Required by 20-A MRSA Section 15690 2.A Action: First Reading Page 3 REGULAR MEETING BANGOR CITY COUNCIL—MAY 13, 2019 REFERRALS TO COMMITTEE AND FIRST READING ASSIGNED TO ITEM NO. COUNCILOR 19-183 RESOLVE Approving School Department Estimates of Revenue from State NEALLEY Sources and Budget-Enterprise Fund Action: First Reading 19-184 RESOLVE Vocational Education Region #4 Appropriation Pursuant to SUPICA Title 20-A, Chapter 606, 15601-15619,Maine Revised Statutes Annotated Action: First Reading 19-185 RESOLVE Making an Appropriation in the amount of$21,176,652 for the WESTON School District Contribution to the Total Cost of Funding Public Education from Kindergarten to Grade 12 as Required by 20-A MRSA Section 156901.A-B Action: First Reading 19-186 RESOLVE Approving School Department Estimates of Revenue and TREMBLE Budget—Trust and Agency Fund Action: First Reading 19-187 RESOLVE Approving School Department Estimates of Revenue from State GRAHAM Sources and Budget-Special Revenue Fund Action: First Reading 19-188 RESOLVE Making an Appropriation of$4,636,565 for the Bangor School SCHAEFER Department in Excess of the Maximum Spending Target Established by 20-A MRSA Section 15671 A. 4 Action: First Reading 19-189 RESOLVE Making an Appropriation of$48,269,261,for the Total School WESTON Budget for the Bangor School Department as Required by 20-A MRSA Section 15690 4.A. Action: First Reading Page 4 REGULAR MEETING BANGOR CITY COUNCIL-MAY 13, 2019 UNFINISHED BUSINESS ASSIGNED TO ITEM NO. COUNCILOR 17-104 ORDINANCE Amending the Code of the City of Bangor to Add Chapter 266- GRAHAM Polystyrene Action: Motion made and seconded for Passage Motion made and seconded to Amend by Substitution Council Order 17-104 Passed Motion made and seconded for Passage As Amended Motion made to Amend to Clam that the first offense was a warning,to enact a policy internally and make the effective date January 12021 Failed for lack of second Motion made to Postpone until the next Council meeting. Doubted Vote:3—5 Councilors Voting Yes:Davitt,Nealley, Weston Councilors Voting No: Graham,Schaefer,Sprague,Supica, Nichols Failed Vote: 5-3 Councilors Voting Yes:Davin, Graham,Schaefer,Supica, Nichols Councilors Voting No:Nealley,Sprague, Weston Passed As Amended 19-158 ORDINANCE Amending Chapter 102,Electrical Code,Section 102-1, to SCHAEFER Allow for Automatic Updating of the National Electric Code Action: Motion made and seconded for Passage Vote:8-0 Councilors Voting Yes:Davitt, Graham,Nealley,Schaefer, Sprague,Supica, Weston,Nichols Councilors Voting No:None Passed 19-159 ORDINANCE Amending Chapter 165,Land Development Code, 824 Odlin TREMBLE Road-from Industry and Service District(I&S)to Shopping and Personal Service District(S&PS) Councilor Sprague stated he would be abstaining from this item as he has a personal and professional relationship with the applicant There was no objection to the abstention. Councilor Sprague left the meeting. Page 5 REGULAR MEETING BANGOR CITY COUNCIL -MAY 13, 2019 UNFINISHED BUSINESS ASSIGNED TO ITEM NO. COUNCILOR Action: Motion made and seconded for Passage Vote: 7-0 Councilors Voting Yes:Davitt, Graham,Nealley,Schaefer, Supica, Weston,Nichols Councilors Voting No:None Passed Councilor Sprague returned to the meeting. 19-160 RESOLVE Authorizing the City Manager to accept and appropriate a DA VITT $125,000 Grant from the Maine Department of Environmental Protection as funded by the US EPA under Section 319 of the Clean Water Act-Capehart Brook Restoration,Phase III Action: Motion made and seconded for Passage Passed NEW BUSINESS ASSIGNED TO ITEM NO. COUNCILOR PUBLIC HEARING: Application for Special Amusement License of Waterfront GRAHAM Concerts,LLC d/b/a Waterfront Concerts, 1 Railroad Street, Pending Fire Approval 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: Application for Special Amusement License of Global Spectrum, GRAHAM LP d/b/a Cross Insurance Center, 515 Main Street 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 19-190 ORDER Authorizing Execution of a Contract with Northeast Paving in WESTON the Amount of$1,272,820 for the Rehabilitation of Taxiway A North at the Bangor International Airport Action: Motion made and Seconded for Passage Passed Page 6 REGULAR MEETING BANGOR CITY COUNCIL-MAY 13, 2019 NEW BUSINESS ASSIGNED TO ITEM NO. COUNCILOR 19-191 ORDER Appointing the City Manager as Responsible Federal Official SCHAEFER Action: Motion made and Seconded for Passage Passed 19-192 ORDER Assuring and Certifying the City's Compliance with Certain SPRAGUE Requirements for Community Development Funds Action: Motion made and Seconded for Passage Passed 19-193 ORDER Authorization to Execute and File with the Department of GRAHAM Housing and Urban Development a Final Consolidated Housing and Community Development Plan for Community Development Entitlement Funds under the Title I of the Housing and Community Development Act of 1974 Action: Motion made and Seconded for Passage Passed 19-194 RESOLVE Accepting the donation of a FitLot from the American SUPICA Association of Retired Persons(AARP)to be installed at Broadway Park. Action: Motion made and Seconded for Passage Passed Lis . Good in,MMC, City Clerk Page 7