CrrYCITY CouNcnlliCOUNCIL :AGENDAAGENDA June12, 2017 -$- BOOKMARK ASSISTANCE THE AGENDA CONTAINS BOOKMARKS THAT HELP NAVIGATE THROUGH THE DOCUMENT. ON THE LEFT HAND SIDE IS A PANEL OF ICONS - ONE SHOWS THUMBNAILS OF THE PAGES, AND THE SECOND IS BOOKMARKS. IF YOU CLICK ON THE BOOKMARKS ICON, YOU CAN MANEUVER THROUGH THE DOCUMENT THE SAME AS YOU HAVE ALWAYS BEEN ABLE TO. IF YOU HAVE ANY QUESTIONS OR CONCERNS, PLEASE DON’T HESITATE TO CONTACT US. THANK YOU. CITY OF BANGOR CENTRAL SERVICES [email protected] REGULAR MEETING BANGOR CITY COUNCIL – JUNE 12, 2017 PLEDGE OF ALLEGIANCE TO THE FLAG PROCLAMATION Reaffirming Support for and the Value of Diversity RECOGNITION Recognizing JROTC for Its Leadership of the Veteran’s Day and Memorial Day Parade PUBLIC COMMENT CONSENT AGENDA ASSIGNED TO ITEM NO. 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 May 22, 2017, Bangor School Committee Regular Meeting of May 15, 2017, Infrastructure Committee Meetings of March 28, 2017, May 9, 2017 and May 23, 2017 and Finance Committee Meeting of June 5, 2017 Liquor License Renewal: Application for Liquor License Renewal, Malt, TREMBLE Spirituous, Vinous of Las Palapas Mexican Restaurant LLC d/b/a Las Palapas Mexican Restaurant, 8 Bangor Mall Boulevard Application for Liquor License Renewal, Malt, TREMBLE Spirituous, Vinous of Smith Towle Inc. d/b/a Penobscot Pour House, 14 Larkin Street Application for Liquor License Renewal, Malt, Vinous of TREMBLE Tesoro Pizzeria & Restaurant d/b/a Tesoro Pizzeria & Restaurant, 118 Harlow Street 17-190 ORDER Authorizing Execution of Municipal Quitclaim Deed – SPRAGUE Real Estate Located at 27 Ohio Street - Map-Lot (041- 010) Executive Summary: Sewer and stormwater liens matured on the property of Veronica Barry of 27 Ohio Street. All outstanding charges due the City have been paid. There are no outstanding real estate taxes or property issues. Because the liens matured, a municipal quitclaim is required to release the City’s interest in the property. Staff recommends approval. Page 1 REGULAR MEETING BANGOR CITY COUNCIL – JUNE 12, 2017 CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR 17-191 ORDER Authorizing Execution of Municipal Quitclaim Deed – NEALLEY Real Estate Located at 106 Walter Street - Map-Lot (024- 123) Executive Summary: A sewer lien has matured on the property of Richard Higgins of 106 Walter Street. All outstanding charges due the City have been paid. There are no outstanding real estate taxes or property issues. Because the lien matured, a municipal quitclaim is required to release the City’s interest in the property. Staff recommends approval. 17-192 ORDER Authorizing the City Manager to accept $1,342.00 in FAIRCLOTH funds as the result of a State Criminal Forfeiture. (Butler) Executive Summary: Members of the Bangor Police Department, assigned to the Special Enforcement Team (SET), conducted an investigation that, when finalized, resulted in the seizure of drugs, cash and property. The police department, because of the involvement of its officers, is entitled to a share of the forfeited assets in this case. (Butler) 17-193 ORDER Authorizing the City Manager to accept $6,282.00 in PERRY funds and two firearms as the result of a State Criminal Forfeiture. (Mathews) Executive Summary: Members of the Bangor Police Department, who were assigned to the Special Enforcement Team (SET) and the Maine Drug Enforcement Agency (MDEA), were instrumental in an investigation that led to the seizure of drugs, cash and property. The police department, because of the involvement of its officers, is entitled to a share of the forfeited assets in this case. Case name (Mathews, L) 17-194 ORDER Authorizing the City Manager to accept $5602.79 in WESTON funds and two firearms as the result of a State Criminal Forfeiture. (Tracy, E) Executive Summary: Members of the Bangor Police Department assigned to the Special Enforcement Team (SET) and Maine Drug Enforcement Agency, conducted an investigation that, when finalized, resulted in the seizure of drugs, cash and property. The police department, because of the involvement of its officers, is entitled to a share of the forfeited assets in this case. (Case name-Tracy E) 17-195 ORDER Authorizing the City Manager to accept $1342.00 in NICHOLS funds as the result of a State Criminal Forfeiture. (Wood, R) Executive Summary: Members of the Bangor Police Department conducted an investigation that, when finalized, resulted in the seizure of drugs, cash and property. The police department, because of the involvement of its officers, is entitled to a share of the forfeited assets in this case. Case name (Wood R) Page 2 REGULAR MEETING BANGOR CITY COUNCIL – JUNE 12, 2017 CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR 17-196 ORDER Authorizing Bid Award in the Amount of $986,124 to SPRAGUE Lane Construction for Broadway Resurfacing Executive Summary: On May 17, 2017, the City received two (2) bids to resurface Broadway from Husson Avenue to Center Street. The bid prices ranged from $986,124 to $992,979. The recommendation is to award the bid to the low bidder, Lane Construction in the amount of $986,124. BACTS funding assigned to this project is $150,000 less than required. This BACTS project is funded 80% federal, 10% state and 10% locally. Additional funds are likely with the closing of two other City of Bangor BACTS projects. However, in order for this project to move forward, the City must commit to the additional $150,000 in funding. This funding is available within the Broadway Corridor project. This item was recommended by the Finance Committee on June 5, 2017.The contract award recommendation must be reviewed and approved by the City Council as it is over $100,000. 17-197 ORDER Authorizing the City Manager to Execute a Consent to NEALLEY Assignment of Parking Lease with Baltimore Waterfront Associates to Cage Properties LLC Executive Summary: This order will authorize the City Manager to execute a consent to assign a parking lease for 8 spaces. The lease for parking was held by Baltimore Waterfront Associates, former owners of 4 Union Street. Cage Properties LLC has recently purchased the building from Baltimore Waterfront Associates and would like to assume the lease for the parking spaces. The assignment must be approved by the City of Bangor. This item was reviewed and recommended for approval by the Business & Economic Development Committee at its June 6, 2017 meeting. 17-198 ORDER Authorizing the City Manager to Execute Documents PERRY Related to EPA Healthy Places for Healthy People Technical Assistance Award Executive Summary: This order will authorize the City Manager to execute documents related to a grant from the US Environmental Protection Agency for the Healthy Places for Healthy People Technical Assistance Award. The purpose of this program is to help the City create walkable, healthy, economically vibrant places and protect the environment and human health by engaging with health partners. Staff recommends approval. 17-199 ORDER Granting Easement to Emera Maine – Kenduskeag NICHOLS Avenue, Map-Lot (R42-003A) Executive Summary: This Order would grant an easement on a portion of Tax Map R42-003A to Emera Maine for the purpose of constructing, maintaining, operating and upgrading as necessary Emera Maine utility poles, anchors, and wires with necessary fixtures and supports. By granting this easement Emera Maine will be responsible for operating and maintaining the system rather than the City. Page 3 REGULAR MEETING BANGOR CITY COUNCIL – JUNE 12, 2017 REFERRALS TO COMMITTEE AND FIRST READING ASSIGNED TO ITEM NO. COUNCILOR 17-200 ORDINANCE Repealing Chapter 179 of the Code of the City of Bangor NEALLEY - Minimum Wage (First Reading) Executive Summary: In 2015 the City Council of the City of Bangor passed an amendment to the Code of the City of Bangor to establish a minimum wage in an amount higher than the state or federal government. The effective date of the Ordinance is July 1, 2017. Since that time an effort to place an initiative to increase the state-wide minimum wage on the November 2016 ballot was successful. The voters of Maine approved this initiative and the state-wide minimum wage will increase to an amount greater than that in the City’s ordinance. A municipality may not have a minimum wage less than the State minimum wage. Therefore, there is no longer a need or purpose to the City’s minimum wage ordinance. This Ordinance, if passed, will repeal the City’s minimum wage ordinance. 17-201 ORDINANCE Amending Land Development Code – Zone Change – PERRY 127 Hammond Street from a contract Downtown Development District to a Government and Institutional Service District – Map-Lot (041-020) (First Reading and Referral to Planning Board Meeting of June 20, 2017) Executive Summary: The applicant, Penobscot County, is requesting zone change for a parcel of land (1.71 acres) located at 127 Hammond Street- Tax-Map (041-020) from Contract Downtown Development District to a Government and Institutional Service District. The property is located at the corners of Hammond and Court Streets. 17-202 ORDINANCE Amending Land Development Code – Zone Change – TREMBLE Ohio Street from a Government and Institutional Service District to Low Density Residential District – Map-Lot (R35-054) (First Reading and Referral to Planning Board Meeting of June 20, 2017) Executive Summary: The applicant, Saint Paul the Apostle Parish, is requesting zone change for a portion of a parcel of land (1 acre) located at or about 575 Ohio Street (Tax Map R35-054) from a Government and Institutional Service District to a Low Density Residential District.