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Home My WebLink About2021-06-28 City Council Minutes MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—JUNE 28, 2021 VIA ZOOM Meeting Called to Order at 7.30 PM Chaired by Council Chair Tremble Councilors Present.Davitt via Zoom,Dubay, Fournier, Hawes,Nichols, Okafor,Schaefer,Sprague, Tremble Meeting Adjourned at 9.07 PM As approved by the City Council on March 23, 2020, and amended on April 13, 2020, the public may participate at meetings through Zoom, Facebook and television and the City's website. Public comment through Zoom requires a person to state their name and address, any inappropriate or offensive remarks may be removed, and the Council Chair will have discretion over the time allowed for comment. The public may be recognized to speak by the hand wave function or, on a phone, by pressing *9. PUBLIC COMMENT None CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR MINUTES OF.- Bangor City Council Regular Meeting of June 14,2021,Bangor School Committee Special and Regular Meetings of May 26,2021,Business and Economic Development Committee Meeting of June 22,2021,Infrastructure Committee Meeting of April 6, 2021,Airport Committee Meeting of June 7, 2021 and Finance Committee Meeting of June 21,2021 LIQUOR LICENSE Application for Liquor License Renewal,Malt, Wine,Spirits HAWES RENEWALS. of The Fiddlehead Restaurant LLC d/b/a The Fiddlehead Restaurant, 84 Hammond Street Application for Liquor License Renewal,Malt, Wine,Spirits HAWES of Texas Roadhouse Holdings LLC d/bla Texas Roadhouse, 504 Stillwater A venue Application for Liquor License Renewal,Malt, Wine,Spirits HAWES of Queen City Cinema Club d/b/a Queen City Cinema Club, 128 B Main Street Application for Liquor License Renewal,Malt, Wine,Spirits HAWES of Giri Bangor Holiday Inc. d/b/a Holiday Inn, 404 Odlin Road 21-237 ORDER Authorizing the Execution of Municipal Quitclaim Deed for HAWES Real Estate Located at I Smith Street Avenue 21-238 ORDER Authorizing the Execution of Municipal Quitclaim Deed for SPRAGUE Vacant Land Located at Smith Street 21-239 ORDER Authorizing the Execution of Municipal Quitclaim Deed for OAAFOR Real Estate Located at 15 Seventh Street 21-240 ORDER Authorizing the Execution of Municipal Quitclaim Deed for SPRAGUE Real Estate Located at 16 Highland Avenue Page I MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—JUNE 28, 2021 VIA ZOOM CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR 21-241 ORDER Authorizing the Execution of Municipal Quitclaim Deed for FOURNIER Real Estate Located at 19 South Park Street 21-242 ORDER Authorizing the Execution of Municipal Quitclaim Deed for NICHOLS Real Estate Located at 45 West Street 21-243 ORDER Authorizing the Execution of Municipal Quitclaim Deed for HAWES Real Estate Located at 78 Parker Street 21-244 ORDER Authorizing the Execution of Municipal Quitclaim Deed for OKAFOR Real Estate Located at 85 Silver Road 21-245 ORDER Authorizing the Execution of Municipal Quitclaim Deed for NICHOLS Real Estate Located at 95 Grant Street 21-246 ORDER Authorizing the Execution of Municipal Quitclaim Deed for DUBAY Real Estate Located at 216 Fern Street 21-247 ORDER Accepting a Donation for a Bench in Fairmount Park to SCHAEFER Honor Lovern Stockwell on the Occasion of her 80th Birthday 21-248 ORDER Authorizing the City Manager to Execute an Amended NICHOLS Agreement with Maine Public Employees Retirement System 21-249 ORDER Appointing Constable for the Year 2021-BGR DUBAY 21-250 ORDER Authorizing the Execution of a Contract with LG Whitcomb DAVITT Landscaping LLC in the Amount of$142,000 to Install Floor Drains in Building#253 21-251 ORDER Authorizing the City Manager to Accept$4,300 in State HAWES Criminal Forfeiture Funds(Dipieto) 21-252 ORDER Authorizing the City Manager to Accept$4,300 in State SPRAGUE Criminal Forfeiture Funds(Reed) 21-253 ORDER Authorizing The Continuation of Existing Outdoor Seating FOURNIER That was Previously Permitted Under Emergency Regulation Number Nine 21-254 ORDER Authorizing the Continuation of the Partial Closure of Broad DAVITT Street Page 2 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—JUNE 28,2021 VIA ZOOM CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR 21-255 ORDER Authorizing Fundraising by the Commission on Cultural DUBAY Development for Artober 2021 21-256 ORDER Amending Council Order 21-233 "Amending the Schedule of SCHAEFER Fees by Amending Sewer Rates Starting July 1, 2021" Action: Motion made and seconded for Passage of Consent Agenda Vote: 8—0 Councilors Voting Yes:Davitt,Dubay, Fournier,Hawes, Nichols,Schaefer,Sprague, Tremble Councilors Voting No:None Councilor Okafor absent from room during roll call vote. Passed REFERRALS TO COMMITTEE AND FIRST READING ASSIGNED TO ITEMNOO, COUNCILOR 21-257 ORDINANCE Amending Chapter 165,Land Development Code,District FOURNIER Map by Changing the Parcel of Land at 24 Larkin Street from Neighborhood Service District(NSD) to Multifamily& Service District(M&SD). Action: Motion made and seconded for First Reading and Referral to Planning Board of July 6, 2021 Vote: 9—0 Councilors Voting Yes:Davitt,Dubay, Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed 21-258 ORDINANCE Amending Chapter 165,Land Development Code,District DUBAY Map by Changing the Parcel of Land at 466 State Street from Urban Residence I (URDI) to Neighborhood Service District(NSD) Action: Motion made and seconded for First Reading and Referral to Planning Board of July 6, 2021 Vote: 9—0 Councilors Voting Yes:Davitt,Dubay, Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed City Clerk noted that the action forms for 21-257 and 21-258 stated the Public Hearing was July 9,h but the actual date of the public hearing is July 6`" Page 3 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—JUNE 28, 2021 VIA ZOOM REFERRALS TO COMMITTEE AND FIRST READING ASSIGNED TO ITEMNO. COUNCILOR 21-259 ORDINANCE Amending Chapter 165,Land Development Code, SCHAEFER Attachment 2,Schedule A Urban Developed Area by changing some dimensional controls and parking requirements in the Multifamily and Service District (M&SD) Action: Motion made and seconded for First Reading and Referral to Special Planning Board meeting on July 13,2021 Vote: 9—0 Councilors Voting Yes:David,Dubay, Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed UNFINISHED BUSINESS ASSIGNED TO ITEMNO. COUNCILOR 21-211 RESOLVE Appropriating$839,421 of Fiscal Year 2021 Community FOURNIER Development Block Grant Funding and$250,000 in Anticipated Program Income Action: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay,Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed 21-212 RESOLVE Authorizing the City Manager to Accept and Appropriate NICHOLS $830,163 from the Maine Department of Health and Human Services to Support an Overdose Prevention and Naloxone Distribution Program Action: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay,Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed 21-213 RESOLVE Accepting and Appropriating$4,477,652 in Passenger DAVITT Facility Charges(PFC's) Through the Federal Aviation Administration (FAA) to Provide Funding for the Replacement of Passenger Boarding Bridges at Bangor International Airport Page 4 MINUTES OFREGULAR MEETING BANGOR CITYCOUNCIL—JUNE 28, 2021 VIA ZOOM UNFINISHED BUSINESS ASSIGNED TO ITEMNO. COUNCILOR Action: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay,Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed 21-214 RESOLVE Authorizing City Manager to accept and appropriate SCHAEFER funding from the Project Canopy Planting Grant in the amount of$7,756 from the Maine Department of Agriculture and Conservation and the Maine Forestry Service Action: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay, Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed 21-215 RESOLVE Making an Appropriation for the Total School Budget for HAWES the Bangor School Department as Required by 20 A MRSA Section 15690 4 A Action: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay,Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed 21-216 RESOL VE Approving School Department Estimates of Revenue and OKAFOR Budget- Trust and Agency Fund Action: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay, Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed 21-217 RESOLVE Approving School Department Estimates of Revenue from FOURNIER State Sources and Budget-Enterprise Fund Page 5 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—JUNE 28, 2021 VIA ZOOM UNFINISHED BUSINESS ASSIGNED TO ITEM NO. COUNCILOR Action: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay, Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed 21-218 RESOLVE Approving School Department Estimates of Revenue from DUBAY State Sources and Budget-Special Revenue Fund Action: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay, Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed 21-219 RESOLVE Making an Appropriation of$549,251 for Adult Education DAVITT for the Bangor School Department as Required by 20 A MRSA Section 8603 A (1) Action: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay, Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed 21-220 RESOL VE Vocational Education Region#4 Appropriation Pursuant to SCHAEFER Title 20 A, Chapter 606, 15601-15619,Maine Revised Statutes Annotated Action: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes.Davitt,Dubay, Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed 21-221 RESOLVE Making an Appropriation of$1,553,200 for Non-State HAWES Funded Debt Service Allocation for the Bangor School Department as Required by 20 A MRSA Section 15690 2.A Page 6 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—JUNE 28, 2021 VIA ZOOM UNFINISHED BUSINESS ASSIGNED TO ITEMNO. COUNCILOR Action: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay, Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed 21-222 RESOLVE Making an Appropriation for the Bangor School NICHOLS Department in Excess of the Minimum Spending Target Established by 20 A MRSA Section 15671 A.4 Action: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay, Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed 21-223 RESOLVE Making an Appropriation of$20,695,103 for the School SPRAGUE 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: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay,Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed 21-224 RESOLVE Appropriation for Municipal Year 2022 HAWES Action: Motion made and seconded for Passage Motion made and seconded to Amend by Substitution Vote: 9—0 Councilors Voting Yes:Davitt,Dubay,Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Amendment Passed Motion made and seconded for Passage as Amended Vote: 9—0 Councilors Voting Yes:Davitt,Dubay,Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed as Amended Page 7 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—JUNE 28, 2021 VIA ZOOM UNFINISHED BUSINESS ASSIGNED TO ITEMNO. COUNCILOR 21-225 RESOLVE Making an Appropriation for Various Capital Purposes FOURNIER Utilizing Various Reserves, Trust and Agency Accounts and Other Funds for Expenditures to be Made During Fiscal Year 2022 Action: Motion made and seconded for Passage Motion made and seconded to Amend by Substitution Vote: 9—0 Councilors Voting Yes:Davitt,Dubay, Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Amendment Passed Motion made and seconded for Passage as Amended Vote: 9—0 Councilors Voting Yes.Davitt,Dubay, Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed as Amended 21-226 RESOLVE Making an Appropriation of Downtown TIF Funds for DAVITT Expenditures to be Made in Fiscal Year 2022 Action: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay,Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed 21-227 RESOLVE Making an Appropriation of Special Assessment Funds for DUBAY Bangor Center Development District Expenditures to be Made in Fiscal Year 2022 Action: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay, Fournier,Hawes, Nichols, Okafor,Schaefer,Sprague, Tremble Councilors Voting No:None Passed Page 8 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—JUNE 28, 2021 VIA ZOOM NEW BUSINESS ASSIGNED TO ITEMNO. COUNCILOR PUBLIC HEARING: 21-261 ORDER Authorizing the City Manager to Order the Structure at 78 OKAFOR Fourth Street Demolished and the Property Liened Action: Motion made and seconded to Open Public Hearing Public Hearing Opened Susan Knapp, owner of the property, disagreed with the Code Enforcement Officer and stated she was working to frx the building. Ron Rideout of Dirigo Building Science Engineers stated he could have communicated better on what they were doing.He said they were waiting on the foundation contractor to return from Florida. Jeff Wallace, Code Enforcement Officer,stated the city was asking for the entire scope of work,time frame for completion, cost and proof of ability to pay for the rehabilitation.He stated the conditions remain the same with no improvement. Motion made and seconded to Close Public Hearing Vote: 9—0 Councilors Voting Yes.Davitt,Dubay, Fournier,Hawes,Nichols, Okafor, Schaefer,Sprague, Tremble Councilors Voting No:None Public Hearing Closed Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay, Fournier,Hawes,Nichols, Okafor, Schaefer,Sprague, Tremble Councilors Voting No:None Passed Page 9 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL-JUNE 28, 2021 VIA ZOOM NEW BUSINESS ASSIGNED TO ITEMNO. COUNCILOR PUBLIC HEARING: 21-262 ORDER Authorizing the City Manager to Order the Structure at 119 SPRAGUE Forest Avenue Demolished and the Property Liened Action: Motion made and seconded to Open Public Hearing Public Hearing Opened Vote: 9—0 Councilors Voting Yes:Davitt,Dubay, Fournier,Hawes,Nichols, Okafor, Schaefer,Sprague, Tremble Councilors Voting No:None Wendy Erickson, 123 Forest Avenue,stated the building has been deteriorating for 28 years and that it is a hazard and needs to be removed Dee Wilber, 125 Forest Avenue stated the property was a mess and needed to be removed Jeff Wallace said he was in contact with Plymouth Engineering who stated the owner does intent to knock the building down and redevelop. He said if that doesn't happen this order will allow the city to move forward Nathan Fogarty, 166 Garland Street,said the building is falling down and is dangerous. Trinh Dang, owner of the property,stated she had gone through some personal struggles and was working to fix the property. Motion made and seconded to Close Public Hearing Vote: 8—0 Councilors Voting Yes:David,Fournier,Hawes,Nichols, Okafor,Schaefer, Sprague, Tremble Councilors Voting No:None Councilor Dubay absentfrom room during roll call vote. Public Hearing Closed Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Davitt,Dubay, Fournier,Hawes,Nichols, Okafor, Schaefer,Sprague, Tremble Councilors Voting No:None Passed ATTEST. JL)a Z�/tz� Lisa J. Goodw n,MMC, City Clerk Page 10