cITY cOUN cIL AGENDA - Bangor, Maine · 2017. 2. 24. · Carolina Sport s & Spirits, 16 Union Street GRAHAM Application for Liquor License Renewal, Malt, Spirituous, Vinous of Siam

City CounCil

AGENDA

February 27, 2017

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REGULAR MEETING BANGOR CITY COUNCIL – FEBRUARY 27, 2017

Page 1

PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENT CONSENT AGENDA ITEM NO.

ASSIGNED TO COUNCILOR

*Explanatory Note: All items listed in the Consent Agenda are considered routine and are proposed for adoption by the City Council by one motion without discussion or deliberation. If discussion on any item is desired any member of the Council or public may merely request removal of the item to its normal sequence in the regular agenda prior to a motion for passage of the Consent Agenda. MINUTES OF: Bangor City Council Regular Meeting of February 15,

2017, Bangor School Committee Regular Meeting of January 25, 2017, and Business and Economic Development Committee Meeting of February 7, 2017

Liquor License Renewal: Application for Liquor License Renewal, Malt,

Spirituous, Vinous of C&L Asian Restaurant Inc d/b/a Green Tea, 11 Bangor Mall Blvd

GRAHAM

Application for Liquor License Renewal, Malt,

Spirituous, Vinous of Ichiban Inc d/b/a Ichiban, 226 Union Street

GRAHAM


Spirituous, Vinous of Capital Pizza Huts d/b/a Pizza Hut, 49 Bangor Mall Blvd

GRAHAM


Spirituous, Vinous of Greenleaf’s Bar & Grill Inc d/b/a Carolina Sports & Spirits, 16 Union Street

GRAHAM


Spirituous, Vinous of Siam House Inc d/b/a Zen Thai Siam, 128 Main Street

GRAHAM

17-087 ORDER Authorizing Execution of Municipal Quitclaim Deed –

Real Estate Located at 23 Jefferson Street (Map 039 Lot 167)

SPRAGUE

Executive Summary: Sewer and stormwater liens matured on the property of James J. Lutz of 23 Jefferson Street. All outstanding charges due the City have been paid. There are no outstanding real estate taxes or property issues. Because the liens had matured, a municipal quitclaim is required to release the City’s interest in the property. Staff recommends approval.


Page 2

CONSENT AGENDA ITEM NO.


17-088 ORDER Authorizing Execution of Municipal Quitclaim Deed –

Real Estate Located at 25 Norfolk Street (Map 039 Lot 099-A)

NEALLEY

Executive Summary: Sewer and stormwater liens matured on the property of Heirs of Eric M. Cole of 25 Norfolk Street. All outstanding charges due the City have been paid. There are no outstanding real estate taxes or property issues. Because the liens had matured, a municipal quitclaim is required to release the City’s interest in the property. Staff recommends approval. 17-089 ORDER Authorizing Execution of Municipal Quitclaim Deed –

Real Estate Located at 71 Baldwin Drive (Map 061 Lot 071)

FAIRCLOTH

Executive Summary: Real estate tax liens matured on the property of Virginia Hawley of 71 Baldwin Drive. All outstanding charges due the City have been paid. There are no outstanding sewer charges or property issues. Because the liens matured, a municipal quitclaim is required to release the City’s interest in the property. Staff recommends approval. 17-090 ORDER Authorizing Execution of Municipal Quitclaim Deed –

Real Estate Located at 99 Ohio Street (Map 033, Lot 078)

PERRY

Executive Summary: Sewer and stormwater liens matured on the property of Leland Lutz. All outstanding charges due the City have been paid. There are no outstanding real estate taxes or property issues. Because the liens had matured, a municipal quitclaim is required to release the City’s interest in the property. Staff recommends approval. 17-091 ORDER Authorizing Execution of Municipal Quitclaim Deed –

Real Estate Located at 236 Hammond Street (Map 033, Lot 073)

WESTON

Executive Summary: Real estate tax liens matured on the property of Hammond 236 Realty Trust. All outstanding charges due the City have been paid. There are no outstanding sewer charges or property issues. Because the liens had matured, a municipal quitclaim is required to release the City’s interest in the property. Staff recommends approval. 17-092 ORDER Authorizing Execution of Municipal Quitclaim Deed –

Real Estate Located at 285 Ohio Street (Map 031 Lot 003)

SPRAGUE


Page 3

CONSENT AGENDA ITEM NO.


Executive Summary: Sewer and stormwater liens matured on the property of Leland J. Lutz of 285 Ohio Street. All outstanding charges due the City have been paid. There are no property issues. Because the liens had matured, a municipal quitclaim is required to release the City’s interest in the property. Staff recommends approval. 17-093 ORDER Authorizing Execution of Municipal Quitclaim Deed –

Real Estate Located at 287 Ohio Street (Map 031 Lot 003)

NEALLEY

Executive Summary: A real estate tax lien matured on the property of Leland J. Lutz and Lutz Company of 287 Ohio Street. All outstanding charges due the City have been paid. There are no outstanding sewer charges or property issues. Because the lien has matured, a municipal quitclaim is required to release the City’s interest in the property. Staff recommends approval. 17-094 ORDER Appointing Democratic Alternate Member of the

Registration Appeals Board NICHOLS

Executive Summary: The City Charter and state law, Title 21-A §103, require a Registration Appeals Board. The purpose of this board is to hear appeals of persons aggrieved by a decision of the Registrar of Voters to either remove a name from the voting list or refusal to place a name on the voting list. The Board consists of three members and two alternates. Two members are nominated by the major political parties and serve 3 year terms. The chair is nominated by the City Clerk and serves a 4 year term. There is currently a vacancy in the Democratic alternate position. This order will appoint Gerry Palmer as the new alternate for the Democratic Party. Staff recommends approval. 17-095 ORDER Amending the Schedule of Fees - Parking GRAHAM Executive Summary: This Order would raise the transient (hourly) parking fees as defined. These fees have been unchanged since 2003. We are continually looking at rates and adjusting them according to demand and the amount of time that has passed since the last adjustment. While the monthly rates at various city lots have been adjusted every 2-3 years, the transient rates have remained unchanged for at least 13 years. This action would adjust the hourly fees at the Pickering Square Garage and Abbott Square. The first 4 hours will be unchanged and each additional hour after hour 4 will be increased from $0.50 up to $1.00. There will be a maximum daily rate of $6.00 at these lots. This item was recommended for approval at the Business and Economic Development Committee meeting on February 21, 2017.


Page 4

REFERRALS TO COMMITTEE AND FIRST READING ITEM NO.


17-096 ORDINANCE Amending Chapter 165, Land Development Code, of the

Code of the City of Bangor, By Amending Provisions Regarding Day-care Facilities (First Reading and Referral to Planning Board Meeting of March 7, 2017)

PERRY

Executive Summary: This ordinance will amend Chapter 165 of the Land Development Code to reconcile portions of our ordinances dealing with day-care facilities with state law. Recent changes to state law have left many home based day care facilities out of compliance with local ordinances. Specifically, the city ordinance did not allow for outside employees in home based day cares. If approved, this amendment would allow small day care facilities operating in residential zones to care for up to 12 children and to have outside employees in accordance with state licensing requirements. This change would bring City limitations on the number of children and outside employees into alignment with State law. Additionally, the amendment clarifies the zones in which large and small day-care facilities are permitted. In general, small-daycare facilities will be permitted in most commercial and residential zones while larger facilities may locate in commercial districts. This item was discussed at the Business and Economic Development Committee meeting on February 21, 2017. UNFINISHED BUSINESS ITEM NO.


17-083 ORDINANCE Amending Chapter 252, Sewers and Drains, of the Code

of the City of Bangor, by Allowing Additional Fuel Sources for Standby Power Generators

GRAHAM

Executive Summary: This ordinance amendment would allow private pump stations to use a wider variety of fuel sources for their backup power generators. Private pump stations, used to move wastewater to the City sewer system, are required to have standby generators in case of power failure. At present, these must be gasoline or diesel generators. This ordinance amendment would allow other fuel sources to be used as well. This item was reviewed and recommended for approval at the Infrastructure Committee meeting on January 24, 2017.


Page 5

UNFINISHED BUSINESS ITEM NO.


17-084 RESOLVE Appropriating $636,614 from the General Fund

Unassigned Fund Balance to Fund Building Improvements at 103 Texas Avenue

SPRAGUE

Executive Summary: This will appropriate $636,614 from the General Fund Unassigned Fund Balance to fund building improvements at 103 Texas Avenue. In 2000 the Council turned operations of a City owned nursing over to a private non-profit corporation. The Bangor Nursing and Rehabilitation Center (BNRC) was created for the purpose of acquiring, managing, and operating the nursing home. Given that certain financial support and other matters needed to be addressed to continue the operation of the nursing home the City and BRNC entered into an Agreement (Master Transaction Agreement). The Agreement included a provision that the City provide funds to address recommended capital improvements identified in a report prepared by Carpenter and Associates in the estimated amount of $2.25 million. Improvements have been made over the years and there now remains $636,614 of the original $2.25 million. The Agreement also provided that the parties would negotiate a lease for the City’s use of part of the building for the Health and Community Services Department and the City has leased space since the City conveyed the property to BRNC. BRNC now had a need to spend some of the remaining capital improvement funds to do some improvements necessary to maintain their State and Federal reimbursement for services to its clients. BRNC has estimated that the cost of the improvements to be approximately $420,000. In addition, the portion of the building leased by the City needs some capital improvements including asbestos abatement, mold remediation, security such as doors and the layout of the space, and other life safety improvements repairs. As a result, the City and BNRC agree that what is left after BNRC expenditure of approximately $420,000 will be used to pay for the needed improvements to the leased portion of the building. The completion of work under this expenditure will conclude any obligations the City incurred under the Master Transaction Agreement. This item was reviewed and recommended for passage by the Finance Committee on February 6, 2017. NEW BUSINESS ITEM NO.


PUBLIC HEARING: Application for a Special Amusement License Renewal

of Siam House Inc d/b/a Zen Thai Siam, 128 Main Street

GRAHAM

CONSENTAGENDA

MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL -FEBRUARY 15, 2017

PUBLIC COMMENT

CONSENTA°"ENDA ITEMNO.

MINUTES OF:

Meeting Called to Order at 7:30 PM Chaired by Council Chair Baldacci Councilors Absent: None Meeting Adjourned at 8:12 PM

None.

Bangor City Council Regular Meeting of January 23, 2017, Bangor School Committee Regular Meeting of January 11, 2017 and Special Meeting of January 17, 2017, Airport Committee Meeting of January 10, 2017, Government Operations Committee Meeting of February 6, 2017, Finance Committee Meeting of February 6, 2017 and Business and Economic Development Committee Meeting of January 17, 2017


Action: Accepted and Approved

Liquor License Renewal: Application for Liquor License Renewal, Malt, of Capital Pizza GRAHAM Hut d/b/a Pizza Hut, 611 Broadway

Action: Approved

Application for Liquor License Renewal, Malt, Spirituous, GRAHAM Vinous of Siam House Inc d/b/a Umami Noodle Bar, 1 Main Street

Action: Approved

Application for Liquor License Renewal, Malt, of Chipotle GRAHAM Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill #2287, 583 Stillwater Avenue

Action: Approved

Application for Liquor License Renewal, Malt, Spirituous, GRAHAM Vinous of Rack City, LLC d/b/a Rack City, LLC, 1215 Broadway

Action: Approved

17-072 ORDER Authorizing Execution of Municipal Quitclaim Deed - Real NEALLEY Estate Located at 52 Holiday Park (Map R47 Lot 007-A)

Action: Passed

Page 1

MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL -FEBRUARY 15, 2017

17-073 ORDER Authorizing Execution of Municipal Quitclaim Deed- Real WESTON Estate Located at 66 Walter Street (Map 025 Lot 151)

Action: Passed

17-074 ORDER Authorizing Execution of Municipal Quitclaim Deed- Real SPRAGUE Estate Located at 1543 Essex Street (Map R52 Lot 005)

Action: Passed

17-075 ORDER Authorizing Execution of Municipal Quitclaim Deed - Real PERRY Estate Located at 102 Cottage Street (Map 021 Lot 073)

Action: Passed

17-076 ORDER Authorizing Execution of Municipal Quitclaim Deed-Real FAIRCLOTH Estate Located at 149 Elm Street (Map 047 Lot 180)

Action: Passed

17-077 ORDER Authorizing the City Manager to Apply for a Drug Free NICHOLS Communities Grant from the Federal Substance Abuse and Mental Health Services Administration in the amount of $125,000

Action: Passed

17-078 ORDER Authorizing the City Manager to Apply for a Drug Free TREMBLE Communities Mentoring Grant from the Federal Substance Abuse and Mental Health Services Administration

Action: Passed

17-079 ORDER Authorizing the City Manager to Execute an Agreement NICHOLS between the City of Bangor (the "City '1 and Townsquare Media ("TOWNSQUARE'1 and HC Bangor, LLC ("HCB '1- Bass Park Infield, Track, and Grandstand

Action: Passed

17-080 ORDER Accepting the City of Bangor's Comprehensive Annual SPRAGUE Financial Report for the Year Ended June 30, 2016

Action: Passed

Page2

MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL - FEBRUARY 15, 2017

:CON#:Bft11!AiiiJJ¥J>A JTEMNQ,

17-081 ORDER Authorizing Execution of Development Agreements - Maine Department of Health and Human Services Office Building request for Proposals

Action: Passed

.·• ifitiil1,kJft&!it> ¢0MMi'I'fEEANi>[ii1Jisf JlliADiivG l'l'EM/Ni};}; " . ... . . . . :, . '· .. . . ..... . . . . . . .

:~$~1GiJl!flJ i<i. . COUJVCIJ;Ol!C:, ..

PERRY

17-082 ORDINANCE Amending Chapter 165, Land Development Code, of the Code of TREMBLE the City of Bangor, By Decreasing the Setback Requirements for Open Porches in Urban Residence Districts

Action: First Reading and Referral to Planning Board Meeting of February 21, 2017

17-083 ORDINANCE Amending Chapter 252, Sewers and Drains, of the Code of the GRAHAM City of Bangor, by Allowing Additional Fuel Sources for Standby Power Generators

Action: First Reading

17-084 RESOLVE Appropriating $636,614 from the General Fund Unassigned Fund Balance to Fund Building Improvements at 103 Texas Avenue

Action: First Reading

.TJJYl{INisnifiJB 1TElfl/NJ).

17-070 ORDINANCE Amending Chapter 223, Property Maintenance, of the Code of the City of Bangor, By Clarifying Procedural Requirements for Handling Uninhabitable Buildings

Action: Motion made and seconded for Passage Vote: 9-0 Councilors Voting Yes: Faircloth, Graham, Nealley, Nichols, Perry, Sprague, Tremble, Weston, Baldacci Councilors Voting No: None Passed

Page 3

SPRAGUE

"AsS1Gf:.IE» to: ·cotJNCIJ)QJt ·· ·

TREMBLE

MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL - FEBRUARY 15, 2017

;,,'4§$i~~l!c:;T1·····.•.•• · ... CO.(JNCll:..t1ll ..... .

. :.,, ... ··:· ., ... ,. , .. ·,,,.,:.,·: ... :;w:.: .. ,, -

17-071 RESOLVE Accepting and Appropriating $33,886 in Grant funds from the SPRAGUE

NEWBU$'·:·,/1(i~ triti/N'o~

U.S. Department of Housing and Urban Development in support of the Shelter Plus Care program/or the period 01/01/17-12/31/2017

Action: Motion made and seconded/or Passage Passed

17-085 ORDER Authorizing the Transfer of $1,600,000 from the Unassigned Fund Balance

PERRY

17-086

Action: Motion made and seconded/or Passage Passed

ORDER Authorizing Execution of Sixth Amendment to the Master Transaction Agreement between the City of Bangor and Bangor Nursing and Rehabilitation Center

Action: Motion made and seconded for Passage Passed

ATTEST:

NEALLEY

-----------------Lisa J. Goodwin, MMC, City Clerk

Page4

MINUTES

BANGORSCHOOLC0Ml\11TTEE REGULAR MEETING

7:00 p.m., Wednesday, January 25, 2017

School Committee Members present: Chairman Warren Caruso, Vice Chair Sue Hawes, Jennifer DeGroff, Brian Doore, Carin Sychterz., and Sue Sorg. Member Susi was unable to attend.

A. 1&2 The meeting was called to order by Chairman Caruso at 7 :00 p.m. and the Pledge of Allegiance followed.

B. Superintendent Webb requested to amend the agenda to add D.l.a. Support for LD49 and D.2.f. Report of Reassignments.

VOTED 5 (Caruso, Hawes, Doore, Sychterz, Sorg) and 1 (DeGroff) opposed to amend the agenda as requested.

D. 1. a Superintendent Webb requested support for LD 49 An Act to Improve Science and Engineering Education for Maine's Students. Principal Butler and Department Chair Cary James shared why this proposed law was important for Bangor students as well as students throughout the State.

D. 2. a.

Members asked questions and expressed their support.

VOTED 5 {Caruso, Hawes, Doore, Sychterz, Sorg) and 1 (DeGroff) opposed to send the draft letter of support with minor edits to the Maine Committee on Education and Cultural Affairs.

Assistant Superintendent Robert MacDonald and Principal Paul Butler reviewed the 2015-2016 MEA ELA and Math results.

Members asked questions and expressed appreciation for the continued efforts to help all students achieve.

b. Director Greg Leavitt provided an update on Adult and Community Education programs.

c. Superintendent Webb reported the following retirements at the end of the 2016-2017 school year:

Douglas Ferguson Nadine Jones

Assistant Principal Grade 1 Teacher

William S. Cohen School 14th Street School

d. Superintendent Webb reported the following resignation(s):

Stuart Greener BHS .25 IEP Coordinator

Minutes, Regular Meeting, January 25, 20 t 7 2

e. Superintendent Webb shared the draft 2017-2018 School Committee Meeting Schedule.

f. Superintendent Webb reported the following reassignments for the 2016-2017 school year:

Shelly Morin from Reading Recovery/Title I Teacher .5 Abraham Lincoln School and .5 Fruit Street School to Reading Recovery/Title I Teacher .8 Abraham Lincoln School and .2 Fruit Street School.

Katrina Rutherford from Title I Teacher Mary Snow School to Title I Teacher .6 Mary Snow School and .4 Fruit Street School.

E. 1. a.l-2 VOTED 6-0 to approve the Minutes of the January 11, 2017 Regular Meeting. Tabled the approval of the January 17, 2017 Special School Committee Meeting witil the next meeting.

b.1-2 VOTED 6-0 to approve the October 2016 and November 2016 Financial Reports.

c. Superintendent Webb recommended the following extra-duty assignments for the 2016-2017 school year:

Asst. Coach Spring Track Asst. Coach Varsity Baseball lEP Coordinator (.5)

BHS BHS BHS

Matthew MacKenzie Timothy Bush Carmin Curry

d. Committee Member Susan Sorg shared the following donations:

To Fairmount School from Stephen and Tabitha King Foundation and Fairmowit PTO, a cash donation for the purpose of purchasing a water fowitain/bottle filling station having a total dollar value of $1,000.

To Downcast School from Zonta International - Bangor Chapter, hats, gloves, mittens, socks, coats and scarves, having a total dollar value of $500.

To James F. Doughty School from the Cole Land Transportation Museum, a Brightlink Interactive 3LCD Projector, having a total dollar value of $2,500.

VOTED 6-0 to receive the donations with thanks.

e. 1 ~2 Superintendent Webb recommended approval of Second Reading of two policies, Revised Policy GBKA Drug-free Workplace and Revised Policy JFCI Chemical Health.

VOTED 6-0 to approve the second readings of the policies as presented.

Minutes, Regular Meeting, January 25, 2017 3

H. Chairman Caruso reviewed the important dates.

Chairman Caruso thanked the administration for the reports and for the hard work on behalf of all faculty and staff.

Meeting adjourned at 8:14 p.m.

Betsy M. ebb, Ed.D. Superintendent of Schools

BUSINESS & ECONOMIC DEVELOPMENT COMMITTEE Tuesday, February 7, 2017@ 5:15 PM

City Council Chambers

MEETING MINUTES

Councilors Present: Baldacci, Faircloth, Graham, Nealley

City Staff Present: Bolduc, Collins, Conlow, Crooker, Emery, Heitmann, Wallace

Committee Chair Nealley called the meeting to order at 5: 15 p.m.

CONSENT AGENDA 1. Community Development Residential Rehabilitation Loan - 485 Kenduskeag Ave.

Councilor Baldacci moved staff recommendation to approve Community Development Residential Rehabilitation Loan. Councilor Graham seconded. Vote unless doubted, no doubt.

REGULAR AGENDA 2. Porch Setbacks in Urban Residence Districts - Councilor Baldacci moved staff

recommendation, Councilor Graham seconded. Vote unless doubted, no doubt.

Councilor Baldacci moved into Executive Session at 5:26 p.m., Councilor Graham seconded.

3. Executive Session - Economic Development- Property Disposition - RFP Human Services Building

Out of Executive Session at 5:34 p.m. Staff recommendation moved by Councilor Baldacci, Councilor Graham seconded. Vote unless doubted, no doubt. This item will come to Council on Monday February 13, 2017.

Councilor Baldacci moved into Executive Session at 5:39 p.m., Councilor Graham seconded. Out of Executive Session immediately after, Councilor Baldacci moved that Councilor Nealley had a conflict, seconded by Councilor Faircloth. Vote unless doubted. No doubt. Councilor Nealley left the meeting.

Entered back into the Executive Session at 5:40 p.m., Councilor Baldacci moved, Councilor Graham seconded.

4. Executive Session - Economic Development - Property Disposition -Grandview Ave.

Out of Executive Session at 5:50 p.m. with no action taken on item.

Meeting adjourned at 5:56 p.m.

Respectfully submitted by Melissa Bickford Administrative Assistant C&ED

___________ COUNCIL ACTION ________ _

Item No. 17-087 Date: February 27, 2017

Item/Subject: ORDER, Authorizing Execution of Municipal Quitclaim Deed - Real Estate Located at 23 Jefferson Street (Map 039 Lot 167).

Responsible Department: Legal

Commentary:

Sewer and stormwater liens matured on the property of James J. Lutz of 23 Jefferson Street. All outstanding charges due the City have been paid. There are no outstanding real estate taxes or property issues. Because the liens had matured, a municipal quitclaim is required to release the City's interest in the property.

Staff recommends approval.

Manager's Comments:

Associated Information:

Budget Approval:

Legal Approval:

Introduced for Consent Agenda __ x_ Passage __ First Reading

Referral

Department Head

Finance Director

/City Solicitor

Assigned to Councilor Sprague

17-087 FEBRUARY 27, 2017

CITY OF BANGOR

(TITLE.) ORDER, Authorizing Execution of Municipal Quitclaim Deed- Real Estate Located at 23 Jefferson Street (Map 039 Lot 167).

By the Oty Council of the City of Bangor.

ORDERED, Deborah A. Cyr, Finance Director, is hereby authorized and directed, on behalf of the City of Bangor, to execute a Municipal Quitclaim Deed releasing any interest the City may have by virtue of undischarged sewer and stormwater liens recorded in the Penobscot County Registry of Deeds in Book 13891, Page 324, Book 13893, Page 54, Book 142671 Page 25 and Book 142681 Page 124. Said deed shall be directed to James J. Lutz in final form approved by the City Solicitor or Assistant City Solicitor.

___________ COUNCIL ACTION ________ _


Item/Subject: ORDER, Authorizing Execution of Municipal Quitclaim Deed - Real Estate Located at 25 Norfolk Street (Map 039 Lot 099-A).


Commentary:

Sewer and stormwater liens matured on the property of Heirs of Eric M. Cole of 25 Norfolk Street. All outstanding charges due the City have been paid. There are no outstanding real estate taxes or property issues. Because the liens had matured, a municipal quitclaim is required to release the City's interest in the property.


Manager's Comments:


Budget Approval:

Legal Approval:

Introduced for Consent Agenda _x_ Passage __ First Reading

Referral

Department Head

Finance Director

/City' s61 icrt:or 1

Assigned to Councilor Nealley

17-088 FEBRUARY 27, 2017

CITY OF BANGOR

(TITLE.) ORDER, Authorizing Execution of Municipal Quitclaim Deed - Real Estate Located at 25 Norfolk Street (Map 039 Lot 099-A).

By the City Council of the City of Bangor.

ORDERED, Deborah A. Cyr, Finance Director, is hereby authorized and directed, on behalf of the City of Bangor, to execute a Municipal Quitclaim Deed releasing any interest the City may have by virtue of undischarged sewer and stormwater liens recorded in the Penobscot County Registry of Deeds in Book 13891, Page 178, Book 13892, Page 253, Book 14039, Page 128, Book 14040, Page 267, Book 142671 Page 37 and Book 14268, Page 133. Said deed shall be directed to Heirs of Eric M. Cole in final form approved by the City Solicitor or Assistant City Solicitor.

___________ COUNCIL ACTION ________ _

Item No. 17-089 Date: February 27. 2017

Item/Subject: ORDER, Authorizing Execution of Municipal Quitclaim Deed - Real Estate Located at 71 Baldwin Drive (Map 061 Lot 071).


Commentary:

Real estate tax liens matured on the property of Virginia Hawley of 71 Baldwin Drive. All outstanding charges due the City have been paid. There are no outstanding sewer charges or property issues. Because the liens matured, a municipal quitclaim is required to release the City's interest in the property.


Manager's Comments:


Budget Approval:

Legal Approval:


Referral

Department Head

/ 1 /l

IA \_/~)Z ,,4! 1 ,l } :' -~~~l~----"-Finance ,Director

City Solicitor

Assigned to Councilor Faircloth

17-089 FEBRUARY 27, 2017

CITY OF BANGOR

(TITLE.) ORDER, Authorlzing Execution of Municipal Quitclaim Deed - Real Estate located at 71 Baldwin Drive (Map 061 lot 071).

By the Qr:y Couna1 of the 01:y of Bangor.

ORDERED, Deborah A. Cyr, Finance Director, is hereby authorized and directed, on behalf of the City of Bangor, to execute a Municipal Quitclaim Deed releasing any interest the City may have by virtue of undischarged real estate tax liens recorded in the Penobscot County Registry of Deeds in Book 13907, Page 298 and Book 14187, Page 107. Said deed shall be directed to Virginia L. Hawley in final form approved by the City Solicitor or Assistant City Solicitor.

___________ COUNCIL ACTION ________ _


Item/Subject: ORDER, Authorizing Execution of Municipal Quitclaim Deed - Real Estate Located at 99 Ohio Street (Map 033, Lot 078).


Commentary:

Sewer and stormwater liens matured on the property of Leland Lutz. All outstanding charges due the City have been paid. There are no outstanding real estate taxes or property issues. Because the liens had matured, a municipal quitclaim is required to release the City's interest in the property.


Manager's Comments:


Budget Approval:

Legal Approval:


Referral

Department Head

(l " t, __ <)J):1 f'r, l.cti"', ~}1_,

City Manager

/' ···-·~

/ _~/,~P.i/ ~j- ,·. ~:,;~"/"'~~

Finance Director

City Solicitor "

Assigned to Councilor Perry

17-090 FEBRUARY 27, 2017

CITY OF BANGOR

(TITLE.) ORDER, Authorizing Execution of Municipal Quitclaim Deed - Real Estate Located at 99 Ohio Street (Map 033, Lot 078).


ORDERED, Deborah A. Cyr, Finance Director, is hereby authorized and directed, on behalf of the City of Bangor, to execute a Municipal Quitclaim Deed releasing any interest the City may have by virtue of undischarged sewer and stormwater liens recorded in the Penobscot County Registry of Deeds in Book 13891, Page 326, Book 13893, Page 56, Book 14267, Page 274 and Book 14269, Page 10. Said deed shall be directed to Leland J. Lutz in final form approved by the City Solicitor or Assistant City Solicitor.

__________ COUNCIL ACTION ________ _


Item/Subject: ORDER, Authorizing Execution of Municipal Quitclaim Deed - Real Estate Located at 236 Hammond Street (Map 033, Lot 073).


Commentary:

Real estate tax liens matured on the property of Hammond 236 Realty Trust. All outstanding charges due the City have been paid. There are no outstanding sewer charges or property issues. Because the liens had matured, a municipal quitclaim is required to release the City's interest in the property.


Manager's Comments:


Budget Approval:

Legal Approval:

Introduced for Consent Agenda __ x_ Passage

First Reading Referral

Department Head

r I

\ J!.S\2 City Manager

,\ I jl

J\~ ~~,)~/{~A 1 _<>_ 2:i~ Finance Director

Etty Solicitor' 1

Assigned to Councilor Weston

17-091 FEBRUARY 27, 2017

CITY OF BANGOR

(TITLE.) ORDER, Authorizing Execution of Municipal Quitclaim Deed - Real Estate Located at 236 Hammond Street (Map 033, Lot 073}.

By the Qr:y Couna1 of the City ofBangor.

ORDERED, Deborah A. Cyr, Finance Director, is hereby authorized and directed, on behalf of the City of Bangor, to execute a Municipal Quitclaim Deed releasing any interest the City may have by virtue of undischarged real estate tax liens recorded in the Penobscot County Registry of Deeds in Book 13907, Page 311 and Book 14187, Page 122. Said deed shall be directed to Timothy A. Harvey, Trustee of Hammond 236 Realty Trust in final form approved by the City Solicitor or Assistant City Solicitor.

____________ COUNCIL ACTION _________ _


Item/Subject: ORDER, Authorizing Execution of Municipal Quitclaim Deed - Real Estate Located at 285 Ohio Street (Map 031 Lot 003).


Commentary:

Sewer and stormwater liens matured on the property of Leland J. Lutz of 285 Ohio Street. All outstanding charges due the City have been paid. There are no property issues. Because the liens had matured, a municipal quitclaim is required to release the City's interest in the property.


Manager's Comments:


Budget Approval:

Legal Approval:

Introduced for Consent Agenda -L Passage __ First Reading

Referral

Department Head

>. ~~" Q !. ,d ¾.. I

- City Manager ..__,.

Finance Director


17-092 FEBRUARY 27, 2017

CITY OF BANGOR

{TITLE.) ORDER, Authorizing Execution of Municipal Quitclaim Deed - Real Estate Located at 285 Ohio Street (Map 031 Lot 003).

By the Qfy Couna1 of the Qty of Bangor.

ORDERED, Deborah A. Cyr, Finance Director, is hereby authorized and directed, on behalf of the City of Bangor, to execute a Municipal Quitclaim Deed releasing any interest the City may have by virtue of undischarged sewer and stormwater liens recorded in the Penobscot County Registry of Deeds In Book 13891, Page 325, Book 13893, Page 55, Book 14267, Page 275 and Book 14269, Page 11. Said deed shall be directed to Leland J. Lutz in final form approved by the City Solicitor or Assistant City Solicitor.

___________ COUNCIL ACTION ________ _


Item/Subject: ORDER, Authorizing Execution of Municipal Quitclaim Deed - Real Estate Located at 287 Ohio Street (Map 031 Lot 003).


Commentary:

A real estate tax lien matured on the property of Leland J. Lutz and Lutz Company of 287 Ohio Street. All outstanding charges due the City have been paid. There are no outstanding sewer charges or property issues. Because the lien has matured, a municipal quitclaim is required to release the City's interest in the property.


Manager's Comments:


Budget Approval:

Legal Approval:


Referral

Department Head

City Manager

··' Finance Director

Gify Solicitor ~-.1

Assigned to Councilor Nealley

17-093 FEBRUARY 27, 2017

CITY OF BANGOR

(TITLE.) ORDER, Authorizing Execution of Municipal Quitclaim Deed - Real Estate Located at 287 Ohio Street (Map 031 Lot 003).

By the Q'ty Council of the Qty of Bangor.

ORDERED, Deborah A. Cyr, Finance Director, is hereby authorized and directed, on behalf of the City of Bangor, to execute a Municipal Quitclaim Deed releasing any interest the City may have by virtue of an undischarged real estate tax lien recorded in the Penobscot County Registry of Deeds in Book 14186, Page 239. Said deed shall be directed to Leland J. Lutz and Lutz Company in final form approved by the City Solicitor or Assistant City Solicitor.

______________ COUNCIL ACTION _____________ _

Item No. 17-094

Date: February 27, 2017

Item/Subject: Order, Appointing Democratic Alternate Member of the Registration Appeals Board

Responsible Department: City Clerk

Commentary: The City Charter and state law, Title 21-A §103, require a Registration Appeals Board. The purpose of this board is to hear appeals of persons aggrieved by a decision of the Registrar of Voters to either remove a name from the voting list or refusal to place a name on the voting list.

The Board consists of three members and two alternates. Two members are nominated by the major political parties and serve 3 year terms. The chair is nominated by the City Clerk and serves a 4 year term. There is currently a vacancy in the Democratic alternate position. This order will appoint a new alternate for the Democratic Party.

Manager's Comments:


Budget Approval:

Legal Approval:

Introduced for -1L Passage _ First Reading

Referral

Department Head

Finance Director

Page_of_

Assigned to Councilor Nichols

17-094 FEBRUARY 27, 2017

CITY OF BANGOR

(TITLE.) Order, Appointing Democratic Alternate Member of the Registration Appeals Board


ORDERED, THAT the Municipal Officers shall proceed to the Appointment of a Democratic alternate member to the Registration Appeals Board in Accordance with M.R.S.A. Title 21-A, §103

Democrat

Gerry Palmer, Alternate

_____________ COUNCIL ACTION. ____________ _


Item/Subject: ORDER, Amending the Schedule of Fees - Parking

Responsible Department: C&ED

Commentary:

Item No. 17-095

This Order would raise the transient (hourly) parking fees as defined. These fees have been unchanged since 2003

We are continually looking at rates and adjusting them according to demand and the amount of time that has passed since the last adjustment. While the monthly rates at various city lots have been adjusted every 2-3 years, the transient rates have remained unchanged for at least 13 years. This action would adjust the hourly fees at the Pickering Square Garage and Abbott Square. The first 4 hours will be unchanged and each additional hour after hour 4 will be increased from $0.50 up to $1.00. There will be a maximum daily rate of $6.00 at these lots.

This item was recommended for approval at the Business and Economic Development Committee meeting on February 21, 2017.

Manager's Comments:

Associated Information: Order

Budget Approval:

Department Head

City Manager

Finance Director

Legal Approval: /J7f1c:"J

Introduced for _x__Passage _ First Reading

Referral

/ City'Solicitor

Assigned to Councilor Graham

17-095 FEBRUARY 27, 2017

CITY OF BANGOR

O,RDER, Amending the Schedule of Fees - Parking

BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, THAT

The Schedute of Fees, as authorized under Chapter 109 of the Code of the City of Bangorr is hereby amended as follows, effective as of March 1, 2017:

K. Parking

Fees are monthly unless otherwise noted.

(1) Abbot Square

Upper Monthly 0-15 minutes 15-60 minutes Each add'I hour ( or fraction thereof) 1-4 Each add'l hour (or fraction thereof) 4-8

24-hour maximum Spmto 7am

(11) Pickering Square Garage

Main Rooftop Lower Resident Hourly

0-2 hours 2-3 hours 3-4 hours Each add'l hour (or fraction thereof) 24-hour maximum

Additions are underlined, deletions struck tl=lrough.

$ 66 $ Free $ 0.50 $ 0.50 $ 1.00 $+.59-$6.00 $ Free

$ 61 $ 33 $ 60 $ 43

$ Free $ 1.50 $ 2.00 $ 1.00 $A.SO $6.00

REFERRALS TO COMMITTEES & FIRST READINGS

_____________ COUNCIL ACTION ____________ _


Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Amending Provisions Regarding Day-care Facilities

Responsible Department: Community and Economic Development

Commentary:

This ordinance will amend Chapter 165 of the Land Development Code to reconcile portions of our ordinances dealing with day-care facilities with state law.

Recent changes to state law have left many home based day-care facilities out of compliance with local ordinances. Specifically, the city ordinance did not allow for outside employees in home based day-cares. If approved, this amendment would allow small day-care facilities operating in residential zones to care for up to 12 children and to have outside employees in accordance with state licensing requirements. This change would bring City limitations on the number of children and outside employees into alignment with State law.

Additionally, the amendment clarifies the zones in which large and small day-care facilities are permitted. In general, small day-care facilities will be permitted in most commercial and residential zones while larger facilities may locate in commercial districts.

This item was discussed at the Business and Economic Development Committee on February 21, 2017.

Department Head

Manager's Comments: l) f ( .rt...JJ _; ) -- ' ' .A;:;}{

Associated Information: Ordinance

Budget Approval:

Finance Director

Legal Approval: /'.c,,1//?

Introduced for __ Passage _x_ First Reading _x_ Referral to the Planning Board on March 7, 2017

// City1 Solicitor

Assigned to Councilor Perry

17-096 FEBRUARY 27, 2017

CITY OF BANGOR

ORDINANCEt Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Amending Provisions Regarding Day-ca.re Facilities

WHEREAS, day-care fadUties are increasingly vital to the economic health of communities;

WHEREAS, City zoning ordinances presently regulate where different si:zes of day-care facilities may locate within the City;

WHEREAS, the size· limitations in these City ordinances are not in keepin9 with the limitations in State statutes,. leading to potential confusion; and

WHEREAS,. sma.ll day-care facilities a.re appropriate for residential districts, while larger facilities are appropriately located in commercial districts;.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT

Chapter 165 of the Code of the City of Bang.or be amended as follows:

§ 165-13. Definitions.

DAY-CARE CENTER., LARGE A regular program for the day care, for consideration, of mere ~fl 29 13 or more persons 15 ~~~.~~~m~m~~~IB~~•md~

DAY-CARE CENTER, SMALL. A regular program for the day carer for consideration, of Qetween three and 12 persons 15 ye2rs of age and.younger.

GROYP DA¥ GAR& OR NYRSERY SCHOOL:

17-096 FEBRUARY 27, 2017

A FeQUlaF l:}FO§Farn, which t,rovides eay eaFe fef Re meFe them 28 ehUeFeA, 15 yeaFs ef age and ttAder, woo are UAFe.latea te the l:)Fev-i.deF.

HOME BAB¥ SrR"ING SIR'JIGE Day care of ftve er fewer pe.r=seAs, less thafl 16 years ef age, woo aFe uAFelated te tf?le prevideF iA tf?le home ef tAe prevtdeF. This use ffii:l'f be eoosideree a heme occupation.

§ 155 ... 12. Required. number of spaces.

R. Exemptions from the requirements of this Section 165-72 are as follows:

ill SmaH day-care faciUties are not required to have any parking spaces other than :tb9~ reguired by other uses gn the prope~.

§ 165-88. Urban Residence 1 District (URD·l).

C. Permitted uses. The foUowing uses are permitted in this district:

(4) SmaH day-care center, provided that it is operated at a dweUing by a resident or residents of the dweMing .

.{fil Accessory uses ...

§ 165 .. 89. Urban Residence 2 District (UR0...2).,

C. Permitted uses. The foHowing uses are permitted in this district:

(2) Groufl eay ear,e or Aursery school Small day-care center.

§ 165,.90. MultifamUy and Service District (M&SD).

C. Permitted uses. The foHowlng uses are permitted in this district:

(3) Day-.care eenters center (smaU or large).

§ 165·91. Neighborhood Service District (NS.D ).

C. Permitted uses. The foU:owing uses are permitted in this district:

(5) Group day eare or nursery school Day-care center (smal:I or targe).

§ 165-92. Urban Service District (USD).

C. Permitted uses. The following, uses are permitted in this district:

(4) Group day eare er nurser; school.

(5) Day-care center (small or large}.

17-096 FEBRUARY 27, 2017

§ 165-93. Downtown Development District {DDD).

C. Permitted uses. The foHowin9 uses are permitted in this district:

( 4) Group day care er flUFSef'f school.

{5) Day-care center (small or large).

§ 155 .. 95. Airport Development District (ADD).

C. Permitted uses. The following uses are permitted in this district:

{12) Dgy--care ~enter (sms1.H or large}.

( 13) Accessory uses . . .

§ 165-96. Urban Industry District (UID).


(8,) Day-care center (small gr large) •

.(2) Accessory uses ...

17-096 FEBRUARY 27, 2017

§ 165-97. Government and Institutional Service District (G&ISD).


(3) Croura Eiay care or nursery schoel.

(4) Day-.care center (smaU or large).

§ 165·99. Low-.Density Residential (LDR).


17-096 FEBRUARY 27, 2017

(5) Small day-care cen~r. 12rovided. that it is oper(Jted 2t a dwfilling by a resident or r§idents of the dwelling,

.{fil Accessory uses . . ,

§ 165 .. 100. Higb .. Density Residential (HDR).

C. Permitted uses. The foUowing uses are permitted in this district:

§ 165-101. Shopping and Personal Service District (S&PS).


( 5) Group day eare or nursept schoel.

(6) Day-care center (sma.11 or large).

§ 165-103. Industry and Service District (l&S).

C. Permitted uses. The following. uses are permitted in this district:

(10) Day-care center (small or large).

§ 165·103.1. Technology and Service District (T&S).

C. Permitted uses. The following uses are permitted tn this district:

( 4) Day-care eeflteFS center (small or large).

17-096 FEBRUARY 27, 2017

§ 165-105. Rural Residence and Agricultural District (RR&A)~


17-096 FEBRUARY 27, 2017

(13) Smal:I day-care center, provided that it is ogerated at a dwelling by a resident or residents of the dweUing.

(11) Accessory uses . . .

BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT

Schedule B of Chapter 165 of the Code of the City of Bangor be amended as shown in the attached Exhibit A.

Additions are underlined, detetions struck througl=!.

UNFINISHEDBUSINESS

_____________ COUNCIL ACTION ____________ _


Item/Subject: ORDINANCE, Amending Chapter 252, Sewers and Drains, of the Code of the City of Bangor, by Allowing Additional Fuel Sources for Standby Power Generators

Responsible Department: Community and Economic Development

Commentary:

This ordinance amendment would allow private pump stations to use a wider variety of fuel sources for their backup power generators.

Private pump stations, used to move wastewater to the City sewer system, are required to have standby generators in case of power failure. At present, these must be gasoline or diesel generators. This ordinance amendment would allow other fuel sources to be used as well.

This item was discussed at the Infrastructure Committee meeting on January 24, 2017.

Manager's Comments:


Budget Approval:

Legal Approval:

Introduced for __ Passage -L First Reading

Referral

Ordinance

Department Head

Ux:t6 Vh (_0~ City Manager

Finance Director

1 Cfy Solicitor

Assigned to Councilor Graham

17-083 FEBRUARY 13, 2017

CITY OF BANGOR

ORDINANCE, Amendiing Chapter 252, Sewers and Drains, of the Code of the Clty of Bangor, by AHowing Additional Fuel Sources for Standby Power Generators

WHEREAS, private pump, stations are presently required to have gasoline or diesel: generator systems to operate the pumps in case of power failure;

WHEREAS, other fuel sources are available and sufficient for this purpose;

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT

Chapter 252 of the Code of the City of Bangor be amended as follows:

§ 252 .. 19. Private pump stations and treatment plants.

B. AH private pump stations, lift stations or ejector stations shall be equipped with at least two pumps, each of which shall have a capacity to pump the total design flow of the facility and each being provided with automatic switches which wiU ensure uninterrupted operation in case of overload or failure of the other. In addition, the pump station fadUty shall have an approved standby gasoliAe or diesel generator system of sufficient capacity to operate the pumps in case of power failure and shall also be equipped with an approved atarm system designed to provide wamlng in case of mechanical failure.

Deletions are stfuck threugh.

______________ COUNCIL ACTION _____________ _

Item No. 17-084


Item/Subject: Resolve, Appropriating $636,614 from the General Fund Unassigned Fund Balance to Fund Building Improvements at 103 Texas Avenue

Responsible Department: Finance

Commentary: This Resolve will appropriate $636,614 from the General Fund Unassigned Fund Balance to fund building improvements at 103 Texas Avenue. In 2000 the Council turned operations of a City owned nursing over to a private non-profit corporation. The Bangor Nursing and Rehabilitation Center (BNRC) was created for the purpose of acquiring, managing, and operating the nursing home. Given that certain financial support and other matters needed to be addressed to continue the operation of the nursing home the City and BRNC entered into an Agreement (Master Transaction Agreement). The Agreement included a provision that the City provide funds to address recommended capital improvements identified in a report prepared by Carpenter and Associates in the estimated amount of $2.25 million. Improvements have been made over the years and there now remains $636,614 of the original $2.25 million. The Agreement also provided that the parties would negotiate a lease for the City's use of part of the building for the Health and Community Services Department and the City has leased space since the City conveyed the property to BRNC.

BRNC now had a need to spend some of the remaining capital improvement funds to do some improvements necessary maintain their State and Federal reimbursement for services to its clients. BRNC has estimated that the cost of the improvements to be approximately $420,000. In addition, the portion of the building leased by the City needs some capital improvements including asbestos abatement, mold remediation, security such as doors and the layout of the space, and other life safety improvements repairs. As a result, the City and BNRC agree that what after BNRC expenditure of approximately $420,000 will be used to pay for the needed improvements to the leased portion of the building. The completion of work on under this expenditure will conclude any obligations the City incurred under the Master

This item was reviewed and recommended for passage by the Finance Committee on February 6, 2017.

Manager's Comments:


Budget Approval:

Legal Approval:

Introduced for __ Passage _ First Reading

Referral

Department Head

Ct2]J (!h ~c9--u City Manager

'finance Director

City Solicitor

Page_of_


17-084 FEBURARY 13, 2017

CITY OF BANGOR

{TITLE) Resolve, Appropriating $636,614 from the General Fund Unassigned Fund Balance to Fund Building Improvements at 103 Texas Avenue

BE JTRESOLVED BY THE CITY COUNCIL OF THE CITY OF BANGO~ THAT

The Finance Director is hereby authorized to appropriate $636,614 and establish a capital project for the purpose of funding building improvements at 103 Texas Avenue.

NEWBUSINESS

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