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HomeMy WebLinkAbout2005-06-14 Government Operations Committee Minutes (2) Government Operations Committee June 14, 2005 . Minutes Councilor Attendance: Greene, D'Errico, Hawes, Gratwick, Farrington, Allen Staff Attendance: Barrett, Farrar, Winslow, Bates; Comeau, Yardley Others: Bill Sullivan, Mike Robinson, Bill Buckley, Residents of Franklin Place CONSENT AGENDA A motion was made and seconded to approve the Consent Agenda items as follows: 1. Council Ordinance 05-209 Amending Section 135-27 of the Ordinances of the City of Bangor, General Assistance In adopting revised General Assistance maximum allowances in late last fall, a mathematical mistake resulted in the City's adopting incorrect figures for the four � and five person household categories. This Ordinance amendment will correct the error retroactive to November 15, 2004. Staff recommends Committee approval and recommendation to Council for passage. 2. Agreement with Paul Bunyan Snowmobile Club to Permit the Club to Use City � Property for a Snowmobile Trail Since 1996, the City has permitted the Paul Bunyan Snowmobile Club to use a portion of Golf Course property as part of a snowmobile route. Each three years, the Agreement expires and a renewal request is made by the Club. The Agreement is similar to past years and there have been no problems or issues reported. Staff recommends approval of this Agreement. REGULAR AGENDA 3. Council Order 05-205 Amending Parking Schedules X and XVI to Prohibit Loitering in Abbot Square Lot, Atler Lot, and Haynes Square Parking Lot This Order would amend the City's Parking Schedules to prohibit individuals from congregating in the Abbot Square, Atler and Haynes Square parking lots. This action is designed to help reduce nighttime noise levels in the downtown area by providing the Police Department with enforcement capability to disperse and minimize crowds. Bates indicated that residents of the Franklin Place Condominiums have been enduring noise disturbances from the neighborhood nightclubs. Both Benjamin's and Gemini have special amusement permits � granted by the City with no restrictions on the hours of operation. The clubs are open until 2 pm. Patrons are congregating in the three above-mentioned lots and, at times, there are literally hundreds of people in the lots between midnight and 2 am. Bates, as well as representatives from Republic Parking and the Bangor Police Department attended a meeting held by the Franklin Place residents to discuss the issues. The two club owners were also invited but did not attend. After that meeting, Bates met with several involved City staff . members to talk about changes. The first suggestion was that Council pass a no- loitering order pertaining to the three parking lots. Second, when Council receives applications for special amusement licenses, staff recommended that the license be limited to midnight in areas where there are nearby dwelling units. Third, Council should consider on a case by case basis adding other reasonable restrictions to the licenses such as requiring external security, if a bar is located in a residential area. Staff has asked Public Works to develop a plan to increase the illumination in the Abbott and Haynes lots. Some lighting has already been placed in Lower Abbott and the Police Department indicated it has been efFective. The Police Department has spoken with the club owners encouraging them to lower the volume of music and to work with their patrons on being quieter upon leaving the premise. Benjamin's is in transition and City staff will be meeting with the new owner. Hawes asked what the Police Department can do without passage of such an Order. Winslow said there are certain laws that can be enforced but it is not an immediate result. He indicated that if an area is properly signed for no loitering it would not require an advance warning and gives the Department a more effective tool. The goal of the suggested change is to have individuals voluntarily comply. Hawes asked why time limits have not been previously imposed on special amusement permits. Heitmann said it has not previously come up. Farrington asked about the definition of loitering, no smoking restrictions causing patrons to go outside, and the phrase"nearby." Gratwick talked about the recurrent theme of nightclub/neighborhood problems. � He asked the time of the meeting at which the club owners didn't attend. Bates replied 7 pm. In response to Gratwick, Heitmann said that time limits can be set now for the special amusement permits, and it doesn't require an ordinance amendment. "Nearby" does not need to be codified. Bates said there are other clubs in the residential areas of downtown with special amusement licenses but chose not to continue to have entertainment after midnight. In the case of Franklin Place, it was established prior to the various club openings. Allen asked about the location and the nature of the Gemini and sound traveling across the river. Winslow asked about the properly lines of the club and suggested it might be prohibitive for smoking if it is indeed on City owned property; i.e., the parking lot. Heitmann said that stafF could craft language based on cases whereby it has been challenged in the court systems, similar to the cruising ordinance. Hawes agreed with Heitmann. Eilene Hodges of Franklin Place addressed the Committee. In response to Greene, Heitmann indicated the control is over a club's hours of providing entertainment, not the hours of operation. Allen asked if staff has considered the type of activities being brought into the downtown area. In providing a recommendation, Bates indicated it was not her intent to remove bars out of downtown. She feels staff needs to find a way to appeal to the owners and managers on how to run an establishment and to be responsible neighbors. Allen spoke about an entity in a vacant area near a parking lot and a stream as opposed to an establishment surrounded by downtown activity or � businesses. She asked that the issue of activities be revisited in the zoning ordinance. Greene asked if current special amusement permits could be amended. Heitmann replied no. He will review the ordinance governing special amusement permits to see if any portions need to be amended. When permits come to the Council, Barrett indicated that stafF will provide information describing land uses in the area. Heitmann said that Code Enforcement is also • involved in the permitting process. If the permit is violated, it can be revoked. Staff will review the property lot lines and prepare a revised Order for the next meeting. 4. Proposed Memorandum of Understanding Between the City of Bangor and the Friends of Dakin Pool Committee The Friends of Dakin Pool Committee had expressed an interest to partner with the City and to undertake a fundraising campaign, including seeking grants, in an efFort to rehabilitate the bathhouse and to keep the pool operating for future years. Barrett has been working with Bill Sullivan and Mike Robinson to draft the proposed Memorandum of Understanding outlining the various responsibilities and commitments of each party, setting forth milestone dates and details the understanding between the City and the Friends regarding the overall effort. Barrett reviewed the document. A motion was made and seconded to send the Memorandum of Understanding to the full Council for its consideration. Allen asked that the item dealing with the committee composition be addressed before going to full Council suggested two council members and two stafF members. Greene suggested it should be discussed at the Council meeting. Allen would like it discussed prior to that meeting. Sullivan asked only that there be equal balance of representation from both the Friends and the City. Hawes felt that too many members on any committee could slow down its progress. Hawes � made a motion to move the question. It was seconded. The motion to send the Agreement to the Council was unanimously passed by the Committee. 5. Council Resolve 05-206 Appropriating $3,000 from the General Fund Improvement Reserve for Materials and Labor for the Repair of the Dakin Pool Bathhouse Earlier this year, Comeau indicated the City was notified that the State intends to inspect all public swimming pools this year to insure they are in compliance with the applicable codes. Given this and the condition of the bathhouse, staff from Code Enforcement, Parks & Recreation, and Engineering reviewed the bathhouse to determine what, if any, repairs would be required to insure that the pool would operate this summer. As a result of that inspection, it was determined that hot water and a shower were needed and that temporary repairs were required to the middle section of the bathhouse's existing floor. Public Works has started the floor project and the shower has been installed. The City's electrical department needs only to hook up the hot water heater. The State Inspector indicated the improvements are good for this year. The estimated cost of these improvements is $3,000, and the funds required for the work are not available in this year's Parks and Recreation Department budget. Farrar indicated there is approximately $525,000 in the general improvement reserve account. The � proposed budget estimates spending $320,000 leaving in excess of $200,000. Greene asked Comeau if there were areas in his budget that could be tapped. Comeau indicated his budget is tight and that he has placed a spending freeze within his department. A motion was made and seconded to recommend approval of Council Order 05-206 to the full City Council. � 6. Council Order 05-207 Amending Sections 2.3 and 4.1 of the City's Personnel Rules and Regulations, Non-Discrimination and Affirmative Action, to Include Sexual Orientation This Order would amend two sections of the City's Personnel Rules and Regulations to prohibit discrimination based upon sexual orientation. Effective )une 29, 2005, Maine's Human Rights Act will prohibit discrimination against any person in employment, housing, public accommodations, credit, and education on account of sexual orientation. Since the City's Personnel Rules and Regulations manual covers employment matters, stafF recommended that sexual orientation be added to the current list of prohibited discriminatory areas, thus bringing the City's manual into line with State Law. A motion was made and seconded to recommend approval to the full Council. A motion was made and seconded to adjourn at 6:30 p.m. � �