LEWISTON CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS MAY7,2013 7:00p.m. Regular Meeting Pledge of Allegiance to the Flag. Moment of Silence. Presentation of the Alfred A. Plourde Scholarship Public Comment period - Any member of the public may make comments regarding issues pertaining to Lewiston City Government (maximum time limit is 15 minutes for all comments) ALL ROLL CALL VOTES FOR THIS MEETING WILL BEGIN WITH THE COUNCILOR OF WARD 4. CONSENT AGENDA: All items with an asterisk(*) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or a citizen so requests, in which event, the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. * 1. Amendment of the City Policy Manual regarding the Excavation and Street Opening Policy. * 2. Update of City Policy regarding the Street and Sidewalk Occupancy Policy. * 3. Amendment to the Traffic Schedule to eliminate some fifteen (15) minute parking designations no longer needed. * 4. Amendment to the Traffic Schedule to create a fifteen (15) minute parking designation on Park Street. * 5. Amendment to the Traffic Schedule regarding some housekeeping corrections. * 6. Amendment to the Traffic Schedule regarding parking regulations on a portion of Commercial Street. * 7. Amendment to the Traffic Schedule regarding parking regulations on a portion of Elm Street. * 8. Order Authorizing the City Administrator to execute a Purchase and Sale Agreement for 357 Sabattus Street. * 9. Resolve Making an appropriation from the Community Forestry Fund for the purchase of two Tree City USA signs. * 10. Order Approving Annual Reports for Affordable Housing Tax Increment Financing Districts within the City of Lewiston and authorizing the Director of Economic and Community Development to submit such reports annually. REGULAR BUSINESS: 11. Order confirming the Mayor's nomination of Zam Zam Mohamud to serve on the Lewiston School Committee as the at-large representative. 12. Public Hearing on a new liquor license application for Orchid Restaurant, 29 Lisbon Street. 13. Public Hearing on the renewal application for a Special Amusement Permit for Live Entertainment for the Gridiron Restaurant, 1567 Lisbon Street. 14. Public Hearing & First Passage for Land Use Code Amendments concerning floodplain administration and management. 1 15 . Public Hearing and Adoption of Order authorizing the City Administrator to execute a Development Assistance and Tax Increment Financing Agreement and a Joint Development Agreement with Argo Marketing Group, Inc. 16. Public Hearing and Adoption of the Resolve approving the FY2013 Community Development Block Grant (CDBG) Action Plan Budget for submittal to the U.S. Department of Housing and Urban Development. 17. Final Budget Public Hearing for the Fiscal Year 2014 Municipal Budget. 18. Adoption of Budget Articles on School Funding for the period July 1, 2013 to June 30, 2014. 19. Budget Recommendations from the Finance Committee regarding the proposed Fiscal Year 2014 Budget. 20. Resolve approving the Final Adjustments to the Fiscal Year 2014 Municipal Budget. 21. Order Authorizing the City Administrator to provide city services and funding for City Non­ Profit Organization Activities in accordance with the FY2014 City Council approved list. 22. Adoption of Municipal Budget Appropriation Resolve for Fiscal Year 2014. 23. Resolve Authorizing the Use of $2,500 from the Farrar Fund for costs of basic necessary services for needy individuals. 24. Resolve authorizing the use of$1,519,950 from the General Fund Unassigned Fund Balance for Capital Outlay purchases. 25 . Resolve expressing support for the initiative to evaluate and improve the joint economic development efforts of the Cities of Lewiston and Auburn. 26. Resolve transferring unused Community Development Block Grant funds for the purpose of implementing Phase II of the Paradis Park Improvements Projects. 27. Order authorizing the City Administrator to accept property donated by Gendron & Gendron for a Canoe/Kayak Launch and Recovery location along the Androscoggin River. 28. Amendments to the Municipal Parking Fees Policy to revise the Major Employer Parking Fee Discount Program. 29. Order authorizing the City Administrator to execute an Easement Deed from the Lewiston and Auburn Railroad Company appurtenant to 46 Beech Street and 46 Beech Street Rear. 30. Reports and Updates. 31. Any other City Business Councilors or others may have relating to Lewiston City Government. The City of Lewiston is an EOE. For more information, please visit our website @ www.lewistonmaine.gov and click on the Non-Discrimination Policy. 2 LEWISTON CITY COUNCIL MEETING OF MAY 7, 2013 AGENDA INFORMATION SHEET: AGENDA ITEM NO. 1 SUBJECT: Amendment of the City Policy Manual regarding the Excavation and Street Opening Policy. INFORMATION: Recently, the City's Public Services Director reviewed the City's Excavation and Street Opening Policy, City Policy Manual 55. There are proposed fee structure changes as well as changes to clarify and update language in the policy, and other related proposed amendments. APPROVAL AND/OR COMMENTS OF CITY ADMINISTRATOR: The City Administrator recommends approval of the requested action . \ \c.A'.f\ \{\/\..__ !3:pt?._)\' REQUESTED ACTION: To approve the proposed amendments to the Excavation and Street Opening Policy, Policy Manual Number 55, as .recommended by the Director of Public Works and the City Administrator. (Note- Full copy of the Policy is attached.) Lewiston City of Lewiston, Maine City Council Order April16, 2013 ORDER, Adopting Updated Excavation & Street Opening Policy (Policy #55) Whereas, the City's Excavation & Street Opening Policy ensures compliance with the Underground Facility Damage Prevention Requirements of the Public Utilities Commission, Chapter 895, and the State of Maine, Title 23, MRSA §3360-A; and Whereas, the policy establishes permitting procedures and other documentation requirements for contractors and utilities to follow and with which they must comply; and Whereas, the policy ensures the safety of motorists and pedestrians when passing through work zones within and near the City right-of-way; and Whereas, the policy establishes repair and maintenance requirements for restoring excavations and street openings in the City's right-of-ways that are designed to protect the general public and minimize long term maintenance costs; and Whereas, the current policy was most recently updated on July 15, 2008; and Whereas, costs have increased since the policy was last updated; and Whereas, the policy's current fee schedule for permits do not reflect the costs of administering the policy; Now, therefore, be it Ordered by the City Council of the City of Lewiston that the updated City of Lewiston's Excavation and Street Opening Policy (Policy #55), as reflected on the attached policy dated April16, 2013 and which includes a fee schedule increase of approximately 10%, is hereby approved and adopted. City Hall• 27 Pine Street • Lewiston, Maine • 04240 • Voice Tel. 207-513-3121 • Fax 207-795-5069 • TTY /TOO 207-513-3007 www.ci.lewiston.me.us Excavation and Street Opening Policy I. Introduction 1. Purpose The purpose of this policy is to: A. Ensure compliance with the Underground Facility Damage Prevention Requirements of the latest revision of the Public Utilities Commission Chapter 895 and the State of Maine Title 23, MRSA §3360-A. B. Provide Contractors and utilities with the permitting procedures and other documentation requirements for complying with the City's Excavation and Street Opening Policy. C. Provide repair and maintenance requirements for restoring excavations and street openings in the City's Right of Ways, to protect the general public and minimizing long term maintenance costs. 2. Definitions Unless otherwise expressly stated, the following words for the purpose of this policy shall have the meaning herein indicated: A. City shall mean the City ofLewiston or its designated official and/or employee. B. Engineer shall mean the City Engineer or a duly authorized representative. C. Director or Director of Public Services Works shall mean the Director of Public Works or an authorized representative. The Director of Public Works or Deputy Director of Public Works or the City Engineer, may exercise the authority of the Road Commissioners or Commissioners of Public Works under any applicable state laws. D. Excavation shall mean any operation in which earth, rock, or other material below the surface of the ground is moved or otherwise displaced, by means of power tools, power equipment, or explosives and including digging, ditching, grading, trenching, drilling, auguring, tunneling, scraping and cable or pipe driving, excluding tilling of soil and gardening or any agricultural purposes and the maintenance grading of Municipally accepted roads. E. Emergency excavation shall mean any situation where immediate excavation is necessary to prevent injury, death, or to restore the loss of an existing vital service. F. Person or Applicant shall mean any Person, business or organization of any kind. G. Excavation Permits are available at City Business Office at City Hall. Revised Street Opening Policy05.07/13 1 H. Newly paved or constructed street shall mean any City street, which has been paved, repaved, constructed, or reconstructed within the past five (5) years. I. Structures shall mean culverts, catch basins, manholes, walls, sewers, sewer services, water lines