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.
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