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REGULAR MEETING BANGOR CITY COUNCIL – MARCH 11, 2019

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 25, 2019, Bangor School

Committee Regular Meeting of February 6, 2019, and Finance Committee Meetings of February 20, 2019 and March 4, 2019, and Business and Economic Development Committee Meeting of March 5, 2019

19-107 ORDER Accepting the City of Bangor's Comprehensive Annual

Financial Report for the Year Ended June 30, 2018 WESTON

Executive Summary: This order accepts the City's Comprehensive Annual Financial Report (CAFR) including its General Purpose Financial Statements and the Independent Auditor's unqualified opinion as prepared by Runyon Kersteen Ouellette of South Portland, Maine. For over twenty years, the City has been awarded the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting. This CAFR has been submitted to GFOA for their consideration. The Finance Committee met with the City's auditors and reviewed various reports on February 20, 2019 and recommends acceptance of this item. 19-108 ORDER Authorizing Execution of a Contract with Wright Pierce

for Emergency Generator Design Services in the Amount of $116,200

NEALLEY

Executive Summary: The WWTP has requested proposals for design services for an Emergency Generator to provide power to the WWTP during emergency power outages. The City of Bangor’s discharge permit, requires the WWTP be capable of treating wastewater during power outages, by supplying “alternate power supplies”. In the past Emera had multiple feeds into the plant to allow for a switchover should one power supply fail. However, the backup feeds have deteriorated and are no longer an option. Therefore, the WWTP is moving forward with the plans for the installation of an on-site generator. There were six bids for this project ranging from $31,330 to $209,532. After reviewing the proposals, staff recommendation is to award the contract to Wright-Pierce in the amount of $116,200. Wright-Pierce is an Engineering Company that primarily focuses on water, wastewater, and infrastructure projects for municipal and private clients. Their proposal clearly demonstrated their extensive relevant experience and their attention to detail, including building designs and understanding of electrical systems and cost-savings available in design of a backup power system.


Page 2

CONSENT AGENDA ITEM NO.


19-109 ORDER Authorizing the City Manager to execute a lease between

AIRNET and the City of Bangor, for a portion of Building 121 in the General Aviation terminal at Bangor International Airport (BGR).

TREMBLE

Executive Summary: This Order authorizes a lease between AIRNET and the City of Bangor, for a portion of Building 121 in the General Aviation terminal at Bangor International Airport (BGR). AIRNET is contracted by law enforcement agencies to assist with search and rescue missions in Maine and throughout the country. This lease outlines the terms and conditions for an office lease within the General Aviation terminal, located at the airport. The lease rate shall be $126.70 per month and the term of said lease shall be for 1 year, with two (1) year extensions. This lease will be in final form as approved by City Legal. 19-110 ORDER Authorizing the City Manager to execute a lease between

the City of Bangor and Varney Aviation, LLC. for the rental of Hangar # 457 at Bangor International Airport (BGR)

SUPICA

Executive Summary: This order authorizes a lease between the City of Bangor and Varney Aviation LLC. This lease agreement outlines the terms and conditions for the rental of Hangar # 457, located at Bangor International Airport. Varney Aviation has several aircraft currently based at BGR. They desire to lease hangar space, and keep their base of operation in Bangor. This agreement outlines a five (5) year term, with two (2) one-year options for extensions, for the lease of Hangar # 457. The lease rate includes an increase each year, based on the annual CPI change. The lease rate includes the cost of electricity, stormwater, sewer and water user fees. The Tenant shall pay for the cost of gas/fuel oil consumed on the premises. This lease agreement shall be in final form as approved by City Legal. REFERRALS TO COMMITTEE AND FIRST READING ITEM NO.


19-111 ORDINANCE Amending Chapter 165, Land Development Code, to

Allow Tenting and Camping Areas, Golf Courses, and Driving Ranges to be Located on Major Arterial Streets (First Reading and Referral to Planning Board Meeting of March 19, 2019)

DAVITT

Executive Summary: This Ordinance will amend the Land Development Code to allow camping areas, golf courses, and driving ranges on major arterial streets. Currently, tenting and camping areas, golf courses, and driving ranges are allowed in the Rural Resource and Agriculture (RR&A) zoning district, with conditional use approval from the Planning Board. The land use ordinance currently limits the location of these uses to Broadway and Union Street.


Page 3

REFERRALS TO COMMITTEE AND FIRST READING ITEM NO.


A resident who owns property zoned RR&A on Stillwater Avenue has expressed interest in developing such a facility and has requested the City consider expanding the areas where these uses may be located. Often, in cases where impacts from a use would be reduced by locating on a specific type of roadway, the ordinance requires location on a Major Arterial Street. The Code identifies Broadway, Hammond Street, Hogan Road, Main Street, Odlin Road, State Street, Stillwater Avenue and Union Street as Major Arterial Streets.

Staff has reviewed the areas in question, and all areas zoned RR&A located on a Major Arterial Street appear appropriate for the siting of such a use. 19-112 ORDINANCE Amending Chapter 165, Land Development Code,

Kenduskeag Plaza West - from Government and Institutional Service District (G&ISD) to Downtown Development District (DDD) (First Reading and Referral to Planning Board Meeting of March 19, 2019)

TREMBLE

Executive Summary: The proposed zone change will amend the zoning of Kenduskeag Plaza West. The City of Bangor is amending the District to make it consistent with the Downtown Development District. The proposed change will eliminate the requirement for a landscape transition buffer between the Downtown District and the Government and Institutional Service District. 19-113 RESOLVE Authorizing the City Manager to Accept and

Appropriate $895,922 in Shelter Plus Care Rental Assistance Funds from the U.S. Department of Housing and Urban Development (HUD) (First Reading)

SUPICA

Executive Summary: This resolve authorizes the City Manager to accept and appropriate $895,922 in Shelter Plus Care Rental Assistance. These funds are comprised of three (3) grants in the total amount of $895,922 to provide Shelter Plus Care Rental Assistance, during the period of April 1, 2019 through November 30, 2020, for qualified individuals and families in Bangor and surrounding communities. Shelter Plus Care promotes housing stability by paying rent for homeless individuals and families. Each recipient is strongly encouraged and expected to have a case manager to assist him/her with life skills such as healthy living, financial literacy and employment. These funds were granted through the Maine Continuum of Care planning and selective competition process and are renewable each year. Grant: Consolidated 8714-A -Operating year: 2/1/19 to 1/31/20 -Amount: $360,165.00 -Number of apartments in grant agreement: 42 households: 21 1-bedroom apartments, 4 2-bedroom apartments (for families with children), 17 efficiency apartments


Page 4

REFERRALS TO COMMITTEE AND FIRST READING ITEM NO.


Grant: TRA Consolidated 8715 -Operating year: 9/1/19 to 8/31/20 -Amount: $410,926 -Number of apartments in grant agreement: 51 households: 10 1-bedroom apts., 41 Efficiency apartments Grant: TRA 8716 -Operating year: 12/1/19 to 11/30/20 -Amount: $124,831 -Number of apartments in grant agreement: 16 households: 16 Efficiency apartments UNFINISHED BUSINESS ITEM NO.


19-104 ORDINANCE Amending Chapter 165, Land Development Code,

Section 165-13, by Amending the Definition of Congregate Housing

DAVITT

Executive Summary: This ordinance amendment would allow facilities for the elderly and persons with disabilities to be considered congregate housing based on City requirements and remove references to State requirements. Congregate housing, as currently defined in our ordinance, is housing with central dining facilities for elderly persons who cannot live independently, but do not require the level of care provided at a nursing home. Congregate housing has different standards under City ordinances than typical apartments, including lower requirements for off-street parking. At present, in order for a facility to be considered congregate housing under our ordinance, it must be licensed or certified through the state. One of the certification programs referred to in our ordinance no longer exists, and the City is seeing an increase in facilities that do not need to be certified through the state, but still meet other requirements of congregate housing. This ordinance amendment would allow such facilities to be considered congregate housing under our zoning ordinance, as underlying rationale for treating these facilities differently from typical apartments – for example, less of a need for parking – does not change based on whether a facility is licensed by the state. The definition change would also allow congregate housing to serve a limited number of persons with disabilities in addition to the elderly. This item was reviewed and unanimously recommended for approval at the Planning Board Meeting on March 5, 2019. 19-105 ORDINANCE Amending Chapter 165, Land Development Code, to

Define Self-Storage Facility and to Clarify the Restrictions of Retail Sales at Such Facilities

SCHAEFER


Page 5

UNFINISHED BUSINESS ITEM NO.


Executive Summary: This amendment to the Land Development Code would define “self-storage facility” and allow retail sales of packing and storage supplies on the grounds of such facilities. Recently, staff received an inquiry about developing a self-storage and moving truck rental business on a property in the City. The Land Development Code currently does not list self-storage facilities as a use, and the closest listed use, “mini-warehouse”, was not defined in the Code. This amendment would replace that term with the more commonly accepted “self-storage facility” and provide a definition for that term. Additionally, the Code includes a provision that no retail sales take place on the premises of a mini-warehouse. This may have been included to prohibit retail sales from individual storage units. It also, however, forbids the site owner from operating an accessory retail space anywhere on the site. It is common to find a small retail space selling limited associated supplies, such as boxes, padding, and locks, at such facilities. At least two other businesses currently operate in Bangor which include such retail sales in combination with truck rental and self-storage. The proposed ordinance change would define “self-storage facility” and allow an accessory retail use on the site, provided it is limited to selling supplies directly related to moving and storage, is not located in an individual storage unit, and is operated by the owner of the facility. This item was reviewed and unanimously recommended for approval at the Planning Board Meeting on March 5, 2019. 19-106 ORDINANCE Amending Chapter 165, Land Development Code –

Zone Change – 554 Union Street from Urban Service District (USD) to Contract Urban Service District, and 548 Union Street, 19 Frances Street and 108 Fourteenth Street from Urban Residence District 1 (URD-1) to Contract Urban Service District

NEALLEY

Executive Summary: This ordinance will amend Chapter 165 of the Land Development Code to rezone approximately 0.68 acres of land in two portions to a Contract Urban Service District. A 10,000 sq. ft. (0.23 acre) parcel of land at 554 Union Street (011-056) is proposed to change from USD to Contract USD, and the remaining 20,000 sq. ft. (0.46 acres) located at 548 Union Street (011-055-A), 19 Frances Street (011-048), and 108 Fourteenth Street (011-048-A) are proposed to change from URD-1 to Contract USD. This rezoning will apply contract conditions to add hours of operation for the commercial use, screening requirements from neighboring residential properties, and retention of existing of housing on the Frances Street side of the site. This item was reviewed and unanimously recommended for approval at the Planning Board Meeting on March 5, 2019.


Page 6

NEW BUSINESS ITEM NO.


19-114 ORDER Authorizing the City Manager to Execute a

Memorandum of Understanding with the Bangor Area Recovery Network (BARN) to receive up to $36,807 from the Maine Health Access Foundation Healthy Communities Phase III Grant for implementation of a recovery coaching program

SUPICA

Executive Summary: This order will authorize the City Manager to execute a memorandum of understanding on behalf of the City of Bangor with the Bangor Area Recovery Network (BARN). BARN will receive up to $36,807 from the Maine Health Access Foundation Healthy Communities Phase III Grant for implementation of a recovery coaching program to serve people in the Bangor area living with substance use disorder. Staff from the Public Health & Community Services Department will provide technical assistance and, support, and monitoring. This MOU will begin on January 1, 2019 and end on December 31, 2019. 19-115 ORDER Authorizing the City Manager to apply for a

Partnerships for Success grant from the Substance Abuse and Mental Health Administration Services in the amount of $300,000 per year for five years

SPRAGUE

Executive Summary: This order will authorize the City Manager to apply for a Partnerships for Success grant from the Substance Abuse and Mental Health Administration Services in the amount of $300,000 per year for five years to reduce youth substance use in youth ages 9 - 20. 19-116 ORDER Accepting a $3,500 Donation from the Barbara Cassidy

Foundation to Provide Heating Assistance to Bangor Residents in Need who do not Qualify for Other Forms of Assistance

TREMBLE

Executive Summary: The Trustees of the Barbara Cassidy Foundation have decided to make a distribution to the City of Bangor's heating assistance fund in the amount of $3,500. In conversations with a Foundation representative, the Foundation will be providing a donation in support of this program annually. The City's heating assistance program provides periodic assistance to residents in need who do not qualify for other assistance due to their income level. This program has made a significant difference to those households requiring assistance.

CONSENT AGENDA

MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—FEBRUARY 25, 2019

Meeting Called to Order at 7:30 PMChaired by Council Chair NicholsCouncilors Absent: Nealley and TrembleMeeting Adjourned at 7:48 PM

PUBLIC COMMENT Michael Melochick, Director ofthe Bangor Historical Societyintroduced himselfand invited the City Council to stop by.

Michael Norton asked the City Council to support removing theChiefofPolicefor harassing him.

CONSENTAGENDA ASSIGNED TO

ITEMNO. COUNCILOR

MINUTES OF: Bangor City Council Regular Meeting ofFebruary 11, 2019, Bangor SchoolCommittee Regular Meeting ofJanuary 23, 2019, Finance Committee Meeting ofFebruary 11, 2019, Airport Committee Meeting ofFebruary 4, 2019 andInfrastructure Committee Meeting ofDecember 4, 2018

Action: Accepted and Approved

LIQUOR LICENSE Applicationfor Liquor License Renewal, Malt, Spirituous, GRAHAM

RENEWALS: Vinous ofSea Dog Ventures, Inc d/b/a Sea Dog Ventures, Inc,26 Front Street

Action: Approved

Applicationfor Liquor License Renewal,Malt, Spirituous, GRAHAM

Vinous ofQuality Beverages, Inc d/b/ a Nocturnem Draft Haus,56 Main Street

Action: Approved

19-101 ORDER Accepting a Donation in the Amount of$774.95from the Estate SUPICA

ofRex Sibley to the Parks and Recreation Department

Action: Passed

19- 102 ORDER Authorizing the City Manager to Enter into Management SCHAEFER

Agreement with Maine Real Estate Management to Rent Vacant

Home at 169 Thornton Road

Action: Passed

19- 103 ORDER Authorizing Execution ofa Contract with Hoyle, Tanner& WESTON

Associatesfor the Design ofthe Replacement Screening Systemsin the Amount of$84,500 andfor Project Management in anAmount not to Exceed$ 25,000

Action: Passed

Page 1

MINUTES OFREGULAR MEETING BANGOR CITY COUNCIL—FEBRUARY 25, 2019

REFERRALS TO COMMITTEE AND FIRSTREADING ASSIGNED TO

ITEM NO. COUNCILOR

19-104 ORDINANCE Amending Chapter 165, Land Development Code, Section 165- DAVITT

13, by Amending the Definition ofCongregate Housing

Action: First Reading and Referral to Planning Board Meeting ofMarch 5, 2019

19-105 ORDINANCE Amending Chapter 165, Land Development Code, to Define SCHAEFER

Self-Storage Facility and to Clarify the Restrictions ofRetailSales at Such Facilities

Action: First Reading and Referral to Planning BoardMeeting ofMarch 5, 2019

19- 106 ORDINANCE Amending Chapter 165, Land Development Code—Zone NEALLEY

Change— 554 Union Streetfrom Urban Service District( USD)

to Contract Urban Service District, and 548 Union Street, 19

Frances Street and 108 Fourteenth Streetfrom Urban

Residence District 1 ( URD-1) to Contract Urban Service

District

Action: First Reading and Referral to Planning Board Meeting ofMarch 5, 2019

UNFINISHED BUSINESS ASSIGNED TO

ITEMNO. COUNCILOR

19- 093 ORDINANCE Amending Chapter 165, Land Development Code, to Define SUPICA

Makerspace and Add it as a Permitted Use in Several Industrial

and Commercial Zoning Districts.

Action: Motion made and secondedfor Passage

Vote: 7- 0

Councilors Voting Yes: Davitt, Graham, Schaefer, Sprague,Supica, Weston, Nichols

Councilors Voting No: NonePassed

Page 2

MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—FEBRUARY 25, 2019

UNFINISHED BUSINESS ASSIGNED TO

ITEMNO. COUNCILOR

19-094 ORDINANCE Amending Chapter 165, Land Development Code, 688 Hogan SCHAEFER

Road- from Shopping and Personal Service District( S&PS) toGeneral Commercial& Service District( GC&S).


Vote: 7- 0

Councilors Voting Yes: Davitt, Graham, Schaefer, Sprague,Supica, Weston, Nichols

Councilors Voting No: NonePassed

19-095 RESOLVE Authorizing the City Manager to Accept and Appropriate SPRAGUE

1, 944,540 in Federal Fast Act Grant Fundsfor the

Replacement ofFive Buses- Community Connector


Passed

NEW BUSINESS ASSIGNED TO

ITEMNO. COUNCILOR

PUBLIC HEARING: Applicationfor a Special Amusement License Renewal ofSea GRAHAM

Dog Ventures, Inc. d/b/a Sea Dog Ventures, Inc, 26 Front Street

Action: Motion made and seconded to Open Public HearingPublic Hearing OpenedMotion made and seconded to Close Public HearingPublic Hearing ClosedMotion made and secondedfor Approval

Approved

PUBLIC HEARING: Applicationfor a Special Amusement License Renewal of GRAHAM

Quality Beverages, Inc. d/b/a Nocturnem Draft Haus, 56 MainStreet

Action: Motion made and seconded to Open Public HearinggPublic Hearing OpenedMotion made and seconded to Close Public HearingPublic Hearing ClosedMotion made and secondedfor Approval

Approved

Attest: 41„...4,-_,;(3LLisa J. Go win, MMC, City Clerk

Page 3

B.

C.

D.1.a.

D.2.a.

MINUTES

BANGOR SCHOOL COMMITTEEREGULAR MEETING

7:00 p.m., Wednesday, February 6, 2019

School Committee Members present: Vice Chair Sue Sorg, Warren Caruso, John Hiatt, MarleneSusi, Tim Surrette, and Carin Sychterz. Chair Sue Hawes was unable to attend

By roll call vote entered executive session at 6:02 p.m. for the purpose of negotiations with theTeachers’, Ed Techs’, and Support Staff Bargaining Units pursuant to 1 MRSA subsection405(6)(D).

Returned to public session at 6:55 p.m. and recessed until the regular meeting.

A. 1. & 2. The meeting was called to order at 7:00 p.m. by Vice Chair Sorg, and the Pledgeof Allegiance followed.

Superintendent Webb requested to amend the agenda to add D. I .a. Support Staff2018-2021 Contract.

VOTED 6-0 to amend the agenda as requested.

Kristy Miner of 23 Pushaw Rd. shared information about Bangor Area Wrestling.Member Hiatt asked questions and expressed appreciation for this organization.

Superintendent Webb recommended ratification of the 2018-2021 Support StaffContract.

VOTED 5 (Sorg, Caruso, Susi. Surrette, Sychterz) for 0 opposed and 1 (Hiatt)abstained.

(NOTE: Member Hiatt originally voted opposed and then later requested to theCommittee that his vote be changed to abstained. The Committee agreed to allowMember Hiatt to change his vote.)

Grant Writer Cathleen 1-lanclich Neslusan provided a summary of the 20 18-2019grants.

Members asked questions and expressed support for these efforts.

b. Superintendent Webb shared the draft 2019-2020 School Committee MeetingSchedule.

c. Superintendent Webb updated the Committee on the FY20 budget development.

d. Superintendent Webb reported the following teacher retirement(s):

Joyce Harrison Science Teacher Bangor High School

Minutes, Regular Meeting, February 6, 2019 2

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

Laura Fahey Social Studies Teacher James F. Doughty SchoolAnn Hawley Kindergarten Teacher Vine Street School

E. 1. a. 1. VOTED 6-0 to approve the minutes of the January 23, 2019 Regular SchoolCommittee Meeting.

b. I. Superintendent Webb recommended approval of the December2018 FinancialReport.

VOTED 6-0 to approve the report as presented.

F. 1. Member Hiatt shared the UTC board will not meet again until March.

H. Vice Chair Sorg reviewed the important dates.

I. Member Susi wished Superintendent Webb good luck in the next phase of theWomen in Leadership Award process.

Member Sychterz shared how a young family elected to move to Bangor for thegreat schools.

Member Hiatt asked to change his vote on the Support Staff Contract.

J. The meeting adjourned at 7:32 p.m.

Resp ctfiully Submitted,

7etsy M.Vebb, Ed.D.Superintendent of Schools

FINANCE COMMITTEE MINUTES

February 20, 2019 @ 5:15 pm

Councilors in Attendance: Weston, Nichols, Supica, Nealley, Sprague

School Committee Members in Attendance: Hawes

Staff in Attendance: Conlow, Cyr, Rudzinski, Caruso, Willette, Little, Webb, Kochis

1. Bids/Purchasing a. Aircraft Belt Loader – Airport – Aero Specialties - $52,469

Motion made and seconded to approve bid award, motion passed unanimously.

b. Engineering Design Services for Replacement of Climber Screens – Wastewater Treatment – Hoyle, Tanner & Associates - $84,500 Staff updated the Committee that in addition to the design work, the City would like to contract for project management as well in an amount not to exceed $25,000, therefore this item will require City Council approval. Motion made and seconded to recommend bid award to the City Council, motion approved unanimously.

c. Request to Waive Bid Process Additional Work Chair Stair Lift – Parks & Recreation – House Revivers - $15,861 Staff proposed the request to waive the bid process to work with a vendor who has undertaken similar work with the vendor provided the chair stair lift in other facilities. Motion made and seconded to contract with House Revivers for the additional required work, motion passed unanimously.

d. Request to Extend Property Listing Contract – Community & Economic Development – Epstein Commercial Real Estate Motion made and seconded to extend the property listing contract for one additional year, motion passed unanimously.

2. Presentation of FY 2018 Independent Audit by Runyon Kersteen Ouellette Jen Conners reviewed various aspects of the City’s recently completed FY 2018 independent audit of its financial statements and additional required reporting. A copy of the presentation is available on the City’s website, on the Finance Department page.

Meeting adjourned at 5:52 pm

FINANCE COMMITTEE MINUTES

March 4, 2019 @ 5:15 PM

Councilors in Attendance: Shaefer, Davitt, Sprague, Weston, Nealley, Supica, Nichols, Tremble

Staff in Attendance: Conlow, Cyr, Rudzinski, Theriault, Higgins, Pelletier

1. Bids/Purchasing

a. Engineering Design Services for Emergency Generator – WWTP – Wright Pierce – $116,200 Motion made and seconded to recommend contract award to the City Council, motion passed unanimously.

b. Request for Sole Source Purchase – Muffin Monster Parts – WWTP – JWC Environmental - $22,938 Motion made and seconded to sole source the purchase, motion passed unanimously.

c. Request to Execute Service Contract for Defibrillators – Fire – Physio Control - $42,106 (4 years) Motion made and seconded to authorize execution of the contract, motion passed unanimously.

2. Finance Committee Resolution Approving the Details of the March 2019 State Revolving Loan Fund Bonds in the Amount of $4,900,000 Motion made and seconded to approve the detail of the State Revolving Loan Fund issue, motion passed unanimously.

3. Executive Session – 36 MRSA Section 841 (2) – Hardship Abatement

4. Open Session – Hardship Abatement Decision

Motion made and seconded to approve hardship abatement, motion passed unanimously.

Meeting adjourned 5:26 pm

BUSINESS & ECONOMIC DEVELOPMENT COMMITTEE Tuesday, March 5, 2019 City Council Chambers

MEETING MINUTES

BED Members Present: Councilors Davitt, Schaefer, Tremble Non-BED Members: Councilor Nichols Any non-BED members deputized to serve as committee members for this meeting: Councilor Nichols City Staff Present: Emery, Conlow, Collins, King, Heitmann, Nicklas, Theriault. Councilor Davitt chaired the meeting in the absence of Councilor Graham. Councilor Davitt called the meeting to order at 5:27 pm. 1. PUBLIC HEARING – Amount of Federal Community Development Block Grant

Funds expected to be available for the Period July 1, 2019 through June 30, 2020 and the Eligible Uses of Community Development Funds

Councilor Nichols moved to open the public hearing, seconded by Councilor Schaefer. Tyler Collins presented an overview of the CDBG process and eligible uses. There was no public comment. Councilor Nichols moved to close the public hearing, seconded by Councilor Schaefer.

2. Proposed Changes to CO 15-035; Outdoor Seating on Sidewalks and Public

Property Councilor Tremble asked if staff contacted the permit holders to get their input, and also suggested a “per seat” fee rather than a blanket amount. Staff agreed to contact the permit holders and bring this item back to a future meeting for consideration.

3. Strategic Broadband Planning Process Flow Emery provided an overview of the proposed process. Councilors Davitt, Nichols, and Schaefer expressed interest in participating. The committee had support for the proposed process, so staff will work to further populate the process document and report back.

4. ORDINANCE, Amending Chapter 165, Land Development Code, to Allow Indoor

Firearms Ranges in the City of Bangor Councilor Tremble would like clarity on the definition of the use, and to add “indoors” to the ordinance language for clarity. Kevin Schmersal spoke about his facility. Jane Varney spoke about her concerns about use and safety. Andrew Fecteau (sp?) asked why Mr. Schmersal, if he’s interested in safety, couldn’t do his training inside.

With the addition of the “indoors” language, Councilor Nichols moved staff recommendation, seconded by Councilor Schaefer. Councilor Tremble doubted the vote. Vote was 3 in favor (Schaefer, Nichols, Davitt) and 1 opposed (Tremble). 5. ORDINANCE, Amending Chapter 165, Land Development Code, to Allow

Tenting and Camping Areas, Golf Courses, and Driving Ranges to be Located on Major Arterial Streets

Councilor Tremble moved staff recommendation, seconded by Councilor Nichols. Vote unless doubted, no doubt. Councilor Nichols moved to enter Executive Session at 6:15 P.M., seconded by Councilor Schaefer. 6. Executive Session – Economic Development – Update on Downtown

Development - 29 Franklin St. – 1 M.R.S.A. § 405(6)(C)

Councilor Schaefer moved to exit Executive Session at 6:32 P.M., seconded by Councilor Nichols.

7. Committee Action on Above Item Councilor Nichols moved staff recommendation, seconded by Councilor Schaefer. Vote unless doubted, no doubt.

8. Other business There being no other business, the meeting was adjourned at 6:33 pm. Meeting minutes respectfully submitted, Tanya L. Emery Director, Community and Economic Development

03/11/2019 19-107

03/11/2019

19-107

Finance

Title, Order

Order N/A

Accepting the City of Bangor's Comprehensive Annual Financial Report for the Year Ended June 30, 2018

This order accepts the City's Comprehensive Annual Financial Report (CAFR) including its General Purpose Financial Statements and the Independent Auditor's unqualified opinion as prepared by Runyon Kersteen Ouellette of South Portland, Maine. For over twenty years, the City has been awarded the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting. This CAFR has been submitted to GFOA for their consideration. The Finance Committee met with the City's auditors and reviewed various reports on February 20, 2019 and recommends acceptance of this item.

Finance Committee 02/20/2019Recommend for passage 5 0

Consent

CITY OF BANGOR ORDER 03/11/2019 19-107

03/11/2019

19-107

Weston

Accepting the City of Bangor's Comprehensive Annual Financial Report for the Year Ended June 30, 2018

Be it Ordered by the City Council of the City of Bangor that, the City of Bangor's Comprehensive Annual Financial Report, including its General Purpose Financial Statements for the year ended June 30, 2018 as prepared by City staff and the Independent Auditor's Report thereon, prepared by Runyon Kersteen Ouellette, is hereby accepted in its entirety.

03/11/2019 19-108

03/11/2019

19-108

Water Quality Management

Title, Order

Order N/A

Authorizing Execution of a Contract with Wright Pierce for Emergency Generator Design Services in the Amount of $116,200

The WWTP has requested proposals for design services for an Emergency Generator to provide power to the WWTP during emergency power outages. The City of Bangor’s discharge permit, requires the WWTP be capable of treating wastewater during power outages, by supplying “alternate power supplies”. In the past Emera had multiple feeds into the plant to allow for a switchover should one power supply fail. However, the backup feeds have deteriorated and are no longer an option. Therefore, the WWTP is moving forward with the plans for the installation of an on-site generator. There were six bids for this project ranging from $31,330 to $209,532. After reviewing the proposals, staff recommendation is to award the contract to Wright-Pierce in the amount of $116,200. Wright-Pierce is an Engineering Company that primarily focuses on water, wastewater, and infrastructure projects for municipal and private clients. Their proposal clearly demonstrated their extensive relevant experience and their attention to detail, including building designs and understanding of electrical systems and cost-savings available in design of a backup power system.

Finance Committee 03/04/2019Recommend for passage 5 0

Consent


03/11/2019

19-108

Nealley

Authorizing Execution of a Contract with Wright Pierce for Emergency Generator Design Services in the Amount of $116,200

Be it Ordered by the City Council of the City of Bangor that, the Finance Director is hereby authorized to execute a contract with Wright Pierce for emergency generator design services at the wastewater treatment plant in the amount of $116,200.

03/11/2019 19-109

03/11/2019

19-109

Airport

Title, Order

Order 001-001

Authorizing the City Manager to execute a lease between AIRNET and the City of Bangor, for a portion of Building 121 in the General Aviation terminal at Bangor International Airport (BGR).

This Order authorizes a lease between AIRNET and the City of Bangor, for a portion of Building 121 in the General Aviation terminal at Bangor International Airport (BGR). AIRNET is contracted by law enforcement agencies to assist with search and rescue missions in Maine and throughout the country. The lease is for a term of one (1) year with two (2) options for one (1) year extensions. The lease rate shall be $126.70 per month.

Airport Committee 03/04/2019Recommend for passage

Staff recommends approval.

Consent


03/11/2019

19-109

Tremble

Authorizing the City Manager to execute a lease between AIRNET and the City of Bangor, for a portion of Building 121 in the General Aviation terminal at Bangor International Airport (BGR).

Be it Ordered by the City Council of the City of Bangor that, WHEREAS, The City of Bangor, Maine is the owner of an airport located in Bangor, County of Penobscot, State of Maine, commonly known as Bangor International Airport; and WHEREAS, AIRNET desires to lease office space to locate their search and rescue operations; and WHEREAS, This lease amendment outlines the terms and conditions for a lease on the premises within the General Aviation terminal at Bangor International Airport (BGR); and WHEREAS, This leased space will be used exclusively for the aeronautical purposes of AIRNET. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, That Catherine M. Conlow, City Manager, is hereby authorized on behalf of the City of Bangor to execute the lease between AIRNET and the City of Bangor for a portion of Building 121 within the General Aviation terminal at Bangor International Airport. The lease is for a term of one (1) year with two (2) options for one (1) year extensions. The lease rate shall be $126.70 per month. The lease shall be in a final form as approved by the City Solicitor or Assistant City Solicitor.

03/11/2019 19-110

03/11/2019

19-110

Airport

Title, Order

Order 001-001

Authorizing the City Manager to execute a lease between the City of Bangor and Varney Aviation, LLC. for the rental of Hangar # 457 at Bangor International Airport (BGR).

This order authorizes a lease between the City of Bangor and Varney Aviation LLC for the rental of Hangar # 457, located at Bangor International Airport. Varney Aviation has several aircraft currently based at BGR and desires to lease hangar space, and keep their base of operation in Bangor. The lease is for a five (5) year term, with two (2) options for one-year extensions, for the lease of Hangar # 457. The lease rate includes an increase each year, based on the annual CPI change, and also includes the cost of electricity, stormwater, sewer and water user fees. The Tenant will also pay for the cost of gas/fuel oil consumed on the premises.

Airport Committee 03/04/2019Recommend for passage

Staff recommends approval.

Consent


03/11/2019

19-110

Supica

Authorizing the City Manager to execute a lease between the City of Bangor and Varney Aviation, LLC. for the rental of Hangar # 457 at Bangor International Airport (BGR).

WHEREAS, the City of Bangor, Maine is the owner of an airport located in Bangor, County of Penobscot, State of Maine, commonly known as Bangor International Airport; and WHEREAS, Varney Aviation, LLC. has several aircraft currently based at BGR, and they desire to lease hangar space in order to keep their base of operation in Bangor.; and WHEREAS, This lease agreement outlines the terms and conditions for the rental of Hangar # 457, located at Bangor International Airport (BGR); and WHEREAS, this leased space will be used exclusively for the aeronautical purposes of Varney Aviation, LLC. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, That Catherine M. Conlow, City Manager, is hereby authorized on behalf of the City of Bangor to execute the lease agreement with Varney Aviation, LLC. for the rental of Hangar # 457 at Bangor International Airport (BGR). The lease is for a term of five (5) with two (2) options for one-year extensions; a monthly rent of $2,155 wih annual increases based on the annual CPI change; the tenant to pay the cost of electricity, stormwater, sewer and water user fees; and the tenant shall pay for the cost of gas/fuel oil consumed on the premises. The lease shall be in a final form as approved by the City Solicitor or Assistant City Solicitor.

REFERRALS TO COMMITTEES

& FIRST READING

19-112 03/11/19

03/11/2019 19-113

03/11/2019

19-113

Health & Community Services

Title, Resolve

Resolve N/A

Authorizing the City Manager to Accept and Appropriate $895,922 in Shelter Plus Care Rental Assistance Funds from the U.S. Department of Housing and Urban Development (HUD)

This resolve authorizes the City Manager to accept and appropriate $895,922 in Shelter Plus Care Rental Assistance. These funds are comprised of three (3) grants in the total amount of $895,922 to provide Shelter Plus Care Rental Assistance, during the period of April 1, 2019 through November 30, 2020, for qualified individuals and families in Bangor and surrounding communities. Shelter Plus Care promotes housing stability by paying rent for homeless individuals and families. Each recipient is strongly encouraged and expected to have a case manager to assist him/her with life skills such as healthy living, financial literacy and employment. These funds were granted through the Maine Continuum of Care planning and selective competition process and are renewable each year. Grant: Consolidated 8714-A -Operating year: 2/1/19 to 1/31/20 -Amount: $360,165.00 -Number of apartments in grant agreement: 42 households: 21 1-bedroom apartments, 4 2-bedroom apartments (for families with children), 17 efficiency apartments Grant: TRA Consolidated 8715 -Operating year: 9/1/19 to 8/31/20 -Amount: $410,926 -Number of apartments in grant agreement: 51 households: 10 1-bedroom apts., 41 Efficiency apartments Grant: TRA 8716 -Operating year: 12/1/19 to 11/30/20 -Amount: $124,831 -Number of apartments in grant agreement: 16 households: 16 Efficiency apartments

Government Operations Committee 03/18/2019Recommend for passage

First Reading

CITY OF BANGOR RESOLVE 03/11/2019 19-113

03/11/2019

19-113

Supica

Authorizing the City Manager to Accept and Appropriate $895,922 in Shelter Plus Care Rental Assistance Funds from the U.S. Department of Housing and Urban Development (HUD)

Whereas, Council Order #18-352 authorized the City Manager to apply for $895,922 in Shelter Plus Care Funds from the U.S. Department of Housing and Urban Development; and Whereas, the City of Bangor was awarded $895,922 in Shelter Plus Care Funds by the U.S. Department of Housing and Urban Development; Be it ordered by the City Council of the City of Bangor, that the City Manager is authorized to accept and appropriate $895,922 in Shelter Plus Care Funds from the U.S. Department of Housing and Urban Development (HUD) for the period 4/1/19 to 11/30/20

UNFINISHEDBUSINESS

Memo To: The Honorable City Council From: David Gould, Planning Officer Date: March 6, 2019 Re: Amending Zoning Ordinance

To amend the definition of Congregate Housing (§165-13) C.O. 19-104

Please be advised that the Planning Board at its meeting on March 5, 2019 held a Public

Hearing on the above zoning Amendment. Chairman Kenneth Huhn asked the applicant or their representative to make a brief

presentation of the request. Assistant City Solicitor Paul Nicklas provided background on the proposed change, noting

that the State of Maine had stopped certifying such facilities. Given that the City’s Definition references State certification, it is a matter of housekeeping that we amend the definition. Mr. Nicklas noted that the new definition is based on elements which makes this use unique, such as resident age, the presence of supportive services or central dining facilities, limited parking demands, and other elements which set Congregate Housing as a unique land use. The other standards within the Land Development Code for this use (density, parking, etc.) will not change.

Chair Huhn asked for other proponents or opponents to the text amendment. Katie Foster of Rudman and Winchell noted that her firm represented a client of such a

facility and that they have worked with the City to arrive at an amendment, and as such she supports the amendment.

Member Durgin moved that the Planning Board recommend the City Council adopt the

ordinance change regarding self-storage as contained in Council Order 19-104. Member Meagher seconded the motion. The Board voted unanimously to recommend the proposed ordinance change be adopted by the City Council.

19-105FEBRUARY 25, 2019Exhibit A

City of Bangor Schedule B

Developing AreaArticle XIV, §§ 165-99 through 165-103.1

Minimum Lot Area (square

feet)

Minimum Front Yard

(feet)

Minimum Side Yard

(feet)

Minimum Rear Yard

(feet)

Dwelling Units per

Acre

Maximum Dwelling Units per building

Maximum Height (feet)

Maximum Lot

Coverage

Maximum Floor Area

Ratio

Maximum Impervious

Surface Ratio

Minimum Open Space

Minimum Lot Width

(feet)Minimum

Buffer Type

LOW DENSITY RESIDENTIAL (LDR)Permitted uses

Buildings containing one unit dwelling

12,000 20 10 1 20 1 3 1/2 1 35 20% NA 0.3 NA 100 NA

Home occupationCommunity living arrangement

Cluster Subdivision for buildings containing one dwelling unit (minimum 3-acre site) [Article XIV, 165-99C(4)]

8,000 20 10 1 20 1 3 1 35 20% NA 0.3 35% of gross acreage

75 NA

Conditional usesattached residential dwellings (minimum 3 acre site)[Article XIV, 165-99D(1)]

30 20 25 5 6 35 25% NA 0.4 35% of Gross Acreage

100 A

Manufactured Housing (buildings containing one dwelling unit) on a minimum of 5 acres [Article XIV, 165-99D(3)]

6,171 25 10 1 20 1 3 1/2 1 35 20% NA 0.3 10% of Gross acreage

60 A

Places of worship & nursing homes [Article XIV, 165-D96)]

20,000 40 25 30 NA NA 35 20% 0.25 0.3 NA 150 B

HIGH-DENSITY RESIDENTIAL (HDR)Permitted uses

One unit dwelling 9,000 SF 20' 10 7 20 7 NA 1 35 30% 0.5 0.6 NA 75 NA

District/Use

19-105FEBRUARY 25, 2019 City of Bangor

Schedule B Developing Area

Article XIV, §§ 165-99 through 165-103.1


feet)

Minimum Front Yard

(feet)

Minimum Side Yard

(feet)

Minimum Rear Yard

(feet)

Dwelling Units per

Acre



Maximum Lot

Coverage

Maximum Floor Area

Ratio

Maximum Impervious

Surface Ratio

Minimum Open Space

Minimum Lot Width

(feet)Minimum

Buffer TypeDistrict/Use

Community living arrangementHome occupation

Two to six unit dwellings 12,000 SF1 25 10 7 25 7 NA 6 35 30% 0.5 0.6 NA 85 A

Group day careNursery school

Seven to twelve unit dwellings

2 acres2 25 15 7 25 7 NA 12 40 30% 0.5 0.6 NA 100 A

Conditional uses13 to 30 unit dwellings 3 acres3 30 20 30 NA 30 45 30% 0.65 0.6 NA 100 B

Mobile Home Parks (minimum of 25 mobile home spaces)

5 acres 30 (20 for accessory

structures)

5 (20 between adjacent mobile homes)

20 (10 for accessory

structures)

1 35 30% 0.5 0.25 10 percent of lotted

area

50 per internal

lot, 100 for developm

ent site

B

Congregate Housing 2 acres 30 20 25 100 45 30% 1 0.6 NA 125 B

Cluster Subdivision (One unit dwellings) on a minimum of 5 acres

6,171 20 10 7 20 7 1 35 50% 0.5 0.35 15% lotted subdivision

area

60 NA

Places of worship & nursing homes

20,000 25 25 25 NA 40' 30% 0.5 0.5 NA 100 B

Public Service and Utility uses

14,000 20 4 20 4 20 4 NA 40' 30% 0.5 0.5 NA 100 A5





feet)

Minimum Front Yard

(feet)

Minimum Side Yard

(feet)

Minimum Rear Yard

(feet)

Dwelling Units per

Acre



Maximum Lot

Coverage

Maximum Floor Area

Ratio

Maximum Impervious

Surface Ratio

Minimum Open Space

Minimum Lot Width

(feet)Minimum


Day Care Center 14,000 20 20 20 NA 35 30% 0.5 0.5 1,000 square feet

85 See 165-100 D(7)

SHOPPING & PERSONAL SERVICE (S&PS)Permitted uses 10,000 40 10 25 N/A N/A 40 30% 0.6 0.7 N/A 100 N/A

Conditional usesHigh Rise hotel [Article XIV,165-101D(1)]

30,000 50 20 25 N/A N/A 60 25% 0.7 0.7 N/A 150 B

Retail auto service or gasoline service station [Article XIV, 165-101D(3) and(5)]

20,000 50 20 25 N/A N/A 40 25% 0.4 0.7 N/A 100 C

Drive-in business [Article XIV, 165-101D(4)]

20,000 40 20 25 N/A N/A 40 25% 0.4 0.7 N/A 100 A

Mini-warehouse Self-storage facility and warehousing or wholesaling [Article XIV, 165D(2) and (6)]

20,000 50 10 25 N/A N/A 40 25% 0.4 0.7 N/A 100 C

Building supply or other outdoor display in excess of 1% floor area [Article XIV, 165-101D(7)]

40,000 50 20 25 N/A N/A 40 25% 0.4 0.7 N/A 150 C, surrounding

outdoor storage area and adjacent





feet)

Minimum Front Yard

(feet)

Minimum Side Yard

(feet)

Minimum Rear Yard

(feet)

Dwelling Units per

Acre



Maximum Lot

Coverage

Maximum Floor Area

Ratio

Maximum Impervious

Surface Ratio

Minimum Open Space

Minimum Lot Width

(feet)Minimum


Auto, truck, boat, manufactured or modular homes, agricultural and construction machinery sales [Article XIV, 165-101D(8)]

20,000 50 20 25 N/A N/A 40 25% 0.4 0.7 N/A 150 C

Mixed residential and commercial use [Article XIV, 165-101D(9)]

10,000 plus

minimum lot area for

dwelling units per

URD-2

40 10 25 N/A N/A 40 30% 0.6 0.7 600 square feet per

dwelling unit

100 B

Public Utilities [Article XIV, 165-101D(10)

5,000 30 20 20 N/A N/A 40 25% 0.4 0.7 N/A 60 C

Entertainment or recreation [Article XIV 165-101D(11)

10,000 40 10 25 N/A N/A 40 30% 0.6 0.7 N/A 100 B

GENERAL & COMMERCIAL SERVICE (GC&S)Any Permitted Use in S&PS 10,000 40 10 25 N/A N/A 40 35% 0.6 0.75 N/A 100 N/A(165-101C)

Other Permitted Uses 10,000 40 10 25 N/A N/A 40 35% 0.6 0.75 N/A 100 N/A

Cellular telecommunication towers

20,000 100% of structure

height

100% of structure

height

100% of structure

height

N/A N/A 195 3 35% 0.6 0.75 N/A 100 B, C next to a residential

district

Conditional Uses





feet)

Minimum Front Yard

(feet)

Minimum Side Yard

(feet)

Minimum Rear Yard

(feet)

Dwelling Units per

Acre



Maximum Lot

Coverage

Maximum Floor Area

Ratio

Maximum Impervious

Surface Ratio

Minimum Open Space

Minimum Lot Width

(feet)Minimum


Drive-in business, gasoline service station, retail auto service [Article XIV, 165-102D(1), (2), and (3)]

20,000 50 20 25 N/A N/A 40 25% 0.4 0.7 N/A 100 B

Animal clinic [Article XIV, 165-102D(4)]

20,000 40 20 25 N/A N/A 40 35% 0.4 0.7 N/A 100 B

Warehouse or wholesale [Article XIV, 165-102D(5)]

20,000 40 20 25 N/A N/A 40 25% 0.4 0.7 N/A 100 B

Entertainment or recreation [Article XIV, 165-102D(6)]

20,000 40 20 25 N/A N/A 40 35% 0.4 0.7 N/A 100 B

Auto repair shop and light industry [Article XIV, 165-102D(7) and(8)]

20,000 40 20 25 N/A N/A 40 35% 0.4 0.7 N/A 100 C

Public utility and public service [Article XIV, 165-102D(9)]

5,000 30 20 20 N/A N/A 40 35% 0.4 0.7 N/A 60 B

Chemical dependency treatment facility [Article XIV, 165-102D(10)]

20,000 40 20 25 N/A N/A 40 35% 0.4 0.7 N/A 100 B

INDUSTRY & SERVICE (I&S)Permitted Uses 20,000 40 25 25 N/A N/A 50 35% 0.6 0.7 N/A 150 N/A

Radio and television broadcast towers

20,000 50% of tower height

50% of tower height

50% of tower height

N/A N/A 400 3 35% 0.6 0.7 N/A 150 C next to a residential

district

Conditional Uses





feet)

Minimum Front Yard

(feet)

Minimum Side Yard

(feet)

Minimum Rear Yard

(feet)

Dwelling Units per

Acre



Maximum Lot

Coverage

Maximum Floor Area

Ratio

Maximum Impervious

Surface Ratio

Minimum Open Space

Minimum Lot Width

(feet)Minimum


Auto repair shop [Article XIV, 165-103D(2)]

20,000 50 30 30 N/A N/A 50 35% 0.6 0.7 N/A 150 C

TECHNOLOGY & SERVICE (T&S)Permitted Uses 40,000 50 30 30 N/A N/A 50 35% 0.6 0.65 N/A 150 B

Conditional UsesLight manufacturing and outdoor storage [Article XIV, 165-103.1D]

60,000 50 30 30 N/A N/A 50 35% 0.6 0.65 N/A 150 C

Drive-in business 40,000 50 30 30 N/A N/A 50 35% 0.6 0.65 N/A 150 B

NOTES:1 12,000 SF for the first two units in a building and 3,000 SF for each additional unit in the same building 2 27,000 SF for seven dwelling unit buildings and 3,000 SF per unit over seven units in the same building, but not less than a 2 acre site.3 45,000 SF for 13 dwellings units in a building and 3,000 SF per unit over 13 units in the same building, but not less than a 3 acre site4 Side and Rear yards shall be increased to 25' for buildings and structures in excess of 5,000 SF5 Buildings and structures in excess of 5,000 SF Buffer Yard B6 Or the minimum height allowed under federal law, whichever is greater.7 Detached residential accessory buildings with a ten-foot maximum height and a one-hundred-fifty-square-foot maximum gross floor area may be set back no less than five feet from side and rear lot lines.

Additions via underlineDeletions via strikethrough

Memo To: The Honorable City Council From: David Gould, Planning Officer Date: March 6, 2019 Re: Amending Zoning Ordinance

To define Self-storage and clarify the restrictions of retail sales at such facilities - C.O. #19-105


Hearing on the above Zoning Amendment.. Chairman Kenneth Huhn asked the applicant or their representative to make a brief

presentation of the request. Planning Staff Sean Gambrel provided background on the proposed change, explaining

that the Land Use Ordinance uses of “mini warehouse“, which is not defined, but has been used for self-storage facilities. This amendment replaces the term “mini warehouse” with “Self-Storage” and provides a definition of the term. The other element of this amendment is in regard to the current prohibition of retail sales at these facilities. It is presumed the intent was to prohibit such storage units to be utilized a small office or retail sales spaces. Mr. Gambrel noted that retail sales of products associated with self-storage is customarily accessory at other self-storage facilities throughout the region.

Member Meagher asked why the use was a Conditional Use in S&PS and a Permitted

Use in GC&S. Mr. Gambrel replied that S&PS is primarily a retail sales and office space district and GC&S is intended for heavier commercial uses, with outdoor storage. So while the use might fit very well in the GC&S zone, there may be additional factors to consider for its placement in an S&PS zone.

Chair Huhn asked for proponents or opponents to the text amendment. There were none. Member Durgin made a motion that Planning Board recommend the City Council adopt

the ordinance change regarding self-storage as contained in Council Order 19-105. Member Brush seconded the motion. The Board voted unanimously to recommend the proposed ordinance change be adopted by the City Council.

19-106FEBRUARY 25, 2019

Memo To: The Honorable City Council From: David G. Gould, Planning Officer Date: March 6, 2018 Re: Amending Zoning Ordinance

Union, Fourteenth & Frances Streets – Urban Service District (USD) and Urban Residence 1 (URD-1) to Contract Urban Service District – C.O. 19-106


Hearing on the above zone change request. Chairman Kenneth Huhn asked the applicant or their representative to make a brief

presentation of the request. Randy Bragg of Carpenter Associates presented the application on behalf of Southstreet

Development Company, LLC. Mr. Bragg noted that a similar rezoning request for this property had been before the Board in December, and that this new request had been changed to reflect concerns from neighbors that were heard at that meeting. Mr. Bragg stated that he and his client had invited all of the neighbors to a meeting in the interim, which was well-attended, and had developed stronger contract conditions for the rezoning based on this meeting. Mr. Bragg detailed the contract conditions which include retaining the two houses on the site as continuing residential use, conditions for fencing and landscaping, and limitations to operating hours. Mr. Bragg then presented of a digital model of the development proposed after the rezoning, and its surroundings.

Member Brush asked why the two residential homes were being rezoned, rather than

being left in the URD-1 zone. Mr. Bragg responded that if that were proposed, the lots for the two homes would be undersized for the URD-1 zone, which could cause problems down the road. He noted that keeping the entire site within the same zone with the same conditions simplifies things.

Chair Huhn asked for proponents and opponents to the application. George Newhall of 13 Manners Avenue spoke in support of the proposal, noting that he

was opposed to the original rezoning but supports this application and its new contract conditions. Connie Newhall of 13 Manners Avenue spoke in support of the proposal, but stated that

she had some concerns related to how the residential homes could be used under the rezoning. Dennis Michaud of 523 Union Street also spoke in support of the proposal, stating that he

sees this as an improvement to the neighborhood. Kathleen Strout of 44 Manners Ave stated that she was very concerned about this

rezoning when it was initially proposed, but is now much more comfortable with the idea.

2

Chair Huhn closed the public hearing and asked for the Staff report. Planning Officer David Gould discussed the history of contract zoning, noting that both the

zoning and the contract conditions “run with the land”, not with the owner. Mr. Gould explained that that for any of the contract conditions to change in the future, the owner at that time would need to go through a rezoning process similar to this process. Mr. Gould stated that therefore the residential homes on the site would remain residential in accordance with the contract conditions, until a rezoning was approved for the property. Mr. Gould further noted that the rezoning also included a parcel on Union Street which has not been included previously, but now the contract conditions would apply to this parcel as well. Mr. Gould explained that the Board should make a recommendation to the City Council on whether or not to recommend the proposed contract rezoning. Member Shaw asked Mr. Gould to elaborate on the presence of the residential homes on the site and the contract conditions that applied to them. Mr. Gould replied that the lots currently do not meet minimum lot size standards, and the proposed rezoning would make these parcels even smaller. He stated that there was no particular reason to disallow such a rezoning, and that the site is large enough to accommodate all uses – both the existing residential uses and the anticipated commercial use as discussed at this meeting. Associate Member Bazinet stated that he was very glad to see that the applicant has been responsive to the concerns of the neighbors and supports this rezoning. Member Meagher and Chair Huhn stated their agreement, noting that it was good to see opponents from the last hearing be proponents at this hearing.

Associate Member Bazinet made a motion that the Planning Board recommend approval

of Zone Change request at Union, Fourteenth & Frances Streets from USD and URD-1 to Contract USD to the City Council. Member Durgin seconded the motion. The Board voted unanimously in favor to recommend the rezoning to the City Council.

NEW BUSINESS

03/11/2019 19-114

03/11/2019

19-114


Title, Order

Order N/A

Authorizing the City Manager to Execute a Memorandum of Understanding with the Bangor Area Recovery Network (BARN) to receive up to $36,807 from the Maine Health Access Foundation Healthy Communities Phase III Grant for implementation of a recovery coaching program.

This order will authorize the City Manager to execute a memorandum of understanding on behalf of the City of Bangor with the Bangor Area Recovery Network (BARN). BARN will receive up to $36,807 from the Maine Health Access Foundation Healthy Communities Phase III Grant for implementation of a recovery coaching program to serve people in the Bangor area living with substance use disorder. Staff from the Public Health & Community Services Department will provide technical assistance and, support, and monitoring. This MOU will begin on January 1, 2019 and end on December 31, 2019.


First Reading & Referral Government Operations Committee


03/11/2019

19-114

Supica

Authorizing the City Manager to Execute a Memorandum of Understanding with the Bangor Area Recovery Network (BARN) to receive up to $36,807 from the Maine Health Access Foundation Healthy Communities Phase III Grant for implementation of a recovery coaching program.

Be it Ordered by the City Council of the City of Bangor that, the City Manager is authorized to execute a memorandum of understanding with the Bangor Area Recovery Network in the amount of up to $36,807 from the Maine Health Access Foundation Healthy Communities Phase III Grant for implementation of a recovery coaching program.

03/11/2019 19-115

03/11/2019

19-115


Title, Order

Order N/A

Authorizing the City Manager to apply for a Partnerships for Success grant from the Substance Abuse and Mental Health Administration Services in the amount of $300,000 per year for five years.

This order will authorize the City Manager to apply for a Partnerships for Success grant from the Substance Abuse and Mental Health Administration Services in the amount of $300,000 per year for five years to reduce youth substance use in youth ages 9 - 20. The goal of the grant is to prevent the onset (and reduce the progression of) substance abuse and related problems, while strengthening prevention capacity and infrastructure at the community level. The project is intended to address one of the nation’s top substance abuse prevention priorities - underage drinking among persons aged 9 to 20. At their discretion, recipients may also use grant funds to target up to two additional, data-driven substance abuse prevention priorities, such as the use of marijuana, cocaine, opioids, or methamphetamine, etc. by individuals ages nine and above.


First Reading & Referral Government Operations Committee


03/11/2019

19-115

Sprague

Authorizing the City Manager to apply for a Partnerships for Success grant from the Substance Abuse and Mental Health Administration Services in the amount of $300,000 per year for five years.

Be it Ordered by the City Council of the City of Bangor that, the City Manager is authorized to apply for a Partnerships for Success grant from the Substance Abuse and Mental Health Administration Services in the amount of $300,000 per year for five years.

03/11/2019 19-116

03/11/2019

19-116


Title, Order

Order N/A

Accepting a $3,500 Donation from the Barbara Cassidy Foundation to Provide Heating Assistance to Bangor Residents in Need who do not Qualify for Other Forms of Assistance

This order will accept a donation in the amount of $3,500 from the Barbara Cassidy Foundation to provide heating assistance to Bangor residents. The Trustees of the Barbara Cassidy Foundation have indicated that they intend to make an annual distribution in support of heating assistance in Bangor. The City's heating assistance program is administered by Health and Community Services and provides periodic assistance to residents in need who do not qualify for other assistance due to their income level. This program has made a significant difference to those households requiring assistance.

Recommend for passage

New Business


03/11/2019

19-116

Tremble

Accepting a $3,500 Donation from the Barbara Cassidy Foundation to Provide Heating Assistance to Bangor Residents in Need who do not Qualify for Other Forms of Assistance

WHEREAS; heating costs can be a significant burden on Bangor households; and WHEREAS; a number of individuals requiring heating assistance do not qualify for traditional heating assistance; and WHEREAS; the City has maintained a heating assistance program to provide temporary heating assistance for residents that do not qualify for other assistance programs due to income; and WHEREAS; the Barbara Cassidy Foundation has graciously chosen to contribute to the funding of the City's heating assistance program; Now Therefore, Be it Ordered by the City Council of the City of Bangor that, a contribution in the amount of $3,500 from the Barbara Cassidy Foundation is hereby accepted to provide heating assistance to Bangor residents in need who do not qualify for other forms of assistance.

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