IN COUNCIL REGULAR MEETING APRIL 19, 2006 VOL. 122 PAGE 177

 

ROLL CALL:            Mayor Cohen called the meeting to order at 7:10 P.M. All Councilors were

                                    present.

 

APPROVAL OF MINUTES OF PREVIOUS MEETING:

 

Motion was made by Councilor Mavodones and seconded by Councilor Gorham to approve the minutes of the 4/3/06 meeting.  Passage 9-0.

 

ANNOUNCEMENTS:

 

Order 200-05/06            Amendment to Portland City Code Chapter 2 Administration Article IX Portland Residents Property Tax Refund Program for Homeowners and Renters - Sponsored by Councilors James F. Cloutier and Nicholas M. Mavodones. Given first reading on 4/3/06.

 

Motion was made by Councilor Cloutier and seconded by Councilor Duson to postpone this item to 5/1/06.  Passage 9-0.

 

RECOGNITIONS:

 

PROCLAMATIONS:

 

Proc 27-05/06             Honoring Efrem Weldemichael as Employee of the Month for April, 2006 - Sponsored by James I. Cohen, Mayor.

 

Proc 28-05/06             Honoring Detective Richard Vogel as Officer of the Month for March, 2006 -  Sponsored by James I. Cohen, Mayor.

 

Proc 29-05/06             Declaring the Week April 23-30, 2006 as Days of Remembrance Week – Sponsored by James I. Cohen, Mayor and Co-Sponsored by Councilors Nicholas M. Mavodones, Jr., Jill C. Duson, and Karen A. Geraghty.

 

APPOINTMENTS:

 

Order 202-05/06            Appointing Election Clerks – Sponsored by Linda C. Cohen, City Clerk.

 

Motion was made by Councilor Suslovic and seconded by Councilor Carr for passage.  Passage 9-0.

 

 

 

 

 

 

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CONSENT ITEMS:

 

Order 203-05/06            Approving Transfer of Funds Under 15 M.R.S.A. Secs 5824(3) and 5836(6) – Sponsored by Joseph E. Gray, Jr., City Manager.

 

Order 204-05/06            Granting Trail Easement to Portland Trails Re: Starbird Lane – Sponsored by Joseph E. Gray, Jr., City Manager.

 

Order 205-05/06            Approving Easement Use Permit Agreement with Youth Alternatives Re: Airport Avigation Easement – Sponsored by Joseph E. Gray, Jr., City Manager.

 

Order 206-05/06Accepting Carriage Lane as a City Way – Sponsored by Joseph E. Gray, Jr., City Manager.

 

Motion was made by Councilor Gorham and seconded by Councilor Duson for passage of the Consent Calendar.  Passage 9-0.

 

LICENSES:

 

Order 207-05/06            Granting Municipal Officer’s Approval of Thanom Nakummun, d/b/a Kaysone Thai Restaurant, 21 Forest Avenue.  Application for Class III & IV (Beer & Wine).  Inside Only.  New City and State License – Sponsored by Linda C. Cohen, City Clerk.

 

Motion was made by Councilor Gorham and seconded by Councilor Suslovic for passage.  Passage 9-0.

 

*****

 

Orders 209, 212, 213, 196 and Resolve 13 were taken out of order.

 

Order 209-05/06            Calling a Special Municipal Election for June 13, 2006 to Vote on the Secession of Peaks Island, House Island, Pumpkin Knob, Catnip Island and Surrounding Waters from the Municipality of Portland – Sponsored by Joseph E. Gray, Jr., City Manager.

 

Motion was made by Councilor Gorham and seconded by Councilor Suslovic for passage. 

 

Motion was made by Councilor Cloutier and seconded by Councilor Duson to amend the order to allow the entire City to vote on the question for November if the issue passes on June 13 and if the petition has not been withdrawn. Failed

4-5 (Cohen, Gorham, Leeman, Carr, Suslovic).

 

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                                    Passed 9-0.

 

*****

 

Order 212-05/06            Approving Collective Bargaining Agreement with Police Benevolent Association for 2006-2007 – Sponsored by Joseph E. Gray, Jr., City Manager. First reading.  Waiver of second reading requested.

 

Motion was made by Councilor Gorham and seconded by Councilor Suslovic to waive the second reading.  Passage 9-0.

 

Motion was made by Councilor Suslovic and seconded by Councilor Duson for passage.  Passage 9-0.

 

*****

 

Order 213-05/06            Authorizing Sale of City-Owned Property at 39 Lafayette Street – Sponsored by the Housing Committee, Councilor Karen A. Geraghty, Chair.

 

Motion was made by Councilor Gorham and seconded by Councilor Mavodones for passage.  Passage 9-0.

 

*****

 

Order 196-05/06            Granting Municipal Officer’s Approval of Bogey’s Bar & Grill, Inc., d/b/a Bogey’s Bar & Grill, 1158 Riverside Street.  Application for Class XI Restaurant/Lounge with Liquor and Entertainment with Dance License.  Outside Seating.  New City and State License. Postponed on 4/3/06. Sponsored by Linda C. Cohen, City Clerk.

 

Motion was made by Councilor Gorham and seconded by Councilor Carr for passage.  Passage 9-0.

 

*****

 

Resolve 13-05/06            Supporting Portland’s 25th Annual Take Back the Night March, Rally and Speak Out Against Sexual Violence – Sponsored by Councilor Jill C. Duson and Co-Sponsored by Mayor James I. Cohen, William R. Gorham, Karen A. Geraghty, Donna J. Carr, Cheryl A. Leeman, Nicholas M. Mavodones, Jr., James F. Cloutier, and Edward J. Suslovic.

 

Motion was made by Councilor Geraghty and seconded by Councilor Duson for passage.  Passage 8-0 (Cloutier out).

 

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BUDGET ITEMS:

 

Order 208-05/06            Receiving and Referring to Finance Committee FY 2007 Budget Estimates of the School Committee and Setting a Public Hearing Thereon - Sponsored by Joseph E. Gray, Jr., City Manager.

 

Motion was made by Councilor Mavodones and seconded by Councilor Geraghty for passage.  Passage 9-0.

 

COMMUNICATIONS:

 

RESOLUTIONS:

 

Resolve 12-05/06            Requiring Necessary State or Federal Approvals Prior to Spending Capital Improvement Project Funds – Sponsored by Councilor Karen A. Geraghty and Cosponsored by Councilors Jill C. Duson and James F. Cloutier.

 

Motion was made by Councilor Gorham and seconded by Councilor Geraghty for passage. 

 

Motion was made by Councilor Leeman and seconded by Councilor Carr to amend the resolve by striking the title and replacing it with “Resolution Stating Council’s Expectation regarding Compliance With Applicable Laws” and strike all whereas paragraphs and two resolve paragraphs and add the final resolve paragraph “that it is the expectation of the Council that in fulfilling their responsibilities the City Administration and all city departments will fully comply with all applicable laws.”

 

Motion was made by Councilor Duson and seconded by Councilor Cloutier to amend the amendment by adding the amendment language as a “Be It Further Resolved” paragraph, rather than using it to replace the original resolve. The

title would change to the new title.  Passage 5-4 (Gorham, Leeman, Carr, Suslovic).

 

Passage of amended amendment 8-1 (Suslovic).

 

Passage, as amended, 8-1 (Suslovic).

 

UNFINISHED BUSINESS:

 

Order 193-05/06            Amendment to Portland City Code Chapter 14, Division 18, §14-313 et seq Waterfront Central Zone (WCZ) - Sponsored by the Waterfront Central Zone Taskforce, Councilors Karen A. Geraghty and William R. Gorham, Co-Chairs. Given first reading on 3/20/06.  Referred to workshop on 4/3/06.

IN COUNCIL REGULAR MEETING APRIL 19, 2006 VOL. 122 PAGE 181

 

Motion was made by Councilor Geraghty and seconded by Councilor Carr for passage. 

 

(Note:  Amendments 1 – 9 are included on blue paper in the Council packet as part of attachments to a memo from Associate Corporation Counsel Penny Littell, dated April 13, 2006. Amendments #5 and #9 were not adopted.)

 

Motion was made by Councilor Gorham and seconded by Councilor Suslovic to amend by eliminating the 50% rule (#1).  Passage 8-1 (Cloutier).

 

Motion was made by Councilor Gorham and seconded by Councilor Leeman to amend by eliminating the mitigation fee in its entirety (#2b).  Failed 4-5 (Cohen, Geraghty, Cloutier, Duson, Mavodones).

 

Motion was made by Councilor Duson and seconded by Councilor Mavodones to amend by retaining the mitigation fee as part of Conditional/Contract Rezoning within the Waterfront Old Port Overlay zone (#2a).  Passage 9-0.

 

Motion was made by Councilor Suslovic and seconded by Councilor Gorham to amend to eliminate the 75 foot setback (#3).  Motion was made by Councilor Mavodones and seconded by Councilor Duson to amend the amendment by expanding the 35 foot rule (Sapporo #6). Passage 8-0 (Cloutier out). Passage of amended amendment 8-0 (Cloutier out).

 

Motion was made by Councilor Gorham and seconded by Councilor Carr to amend by extending the 35 foot rule the length of the zone (#4).  Passage 5-4 (Cloutier, Duson, Mavodones,Geraghty).

 

Motion was made by Councilor Leeman and seconded by Councilor Gorham to amend to delete the proposed changes to the no adverse impact provision (#7).  Motion was made by Councilor Cloutier and seconded by Councilor Duson to amend the amendment to eliminate the striking of Subparagraph B.  Passage 8-1 (Cohen). Motion was made by Councilor Cloutier and seconded by Councilor Duson to amend to restore the change in paragraph one striking marine and replacing it with water dependent. Passage 9-0.  Passage of amended amendment 7-2 (Geraghty, Cloutier).

 

Motion was made by Councilor Leeman and seconded by Councilor Suslovic to amend by eliminating all view corridor protection (#8).  Failed 0-9.

 

Motion was made by Councilor Geraghty and seconded by Councilor Mavodones to amend to add definitions for “lot” and “on site.”  Passage 9-0.

 

 

IN COUNCIL REGULAR MEETING APRIL 19, 2006 VOL. 122 PAGE 182

 

Motion was made by Councilor Geraghty and seconded by Councilor Duson to amend to remove the waterfront diner provision.  Passage 9-0.

 

Motion was made by Councilor Cloutier and seconded by Councilor Duson to amend to move Section 14-317 into site plan standards.  Motion was withdrawn.

 

Motion was made by Councilor Geraghty and seconded by Councilor Duson to amend 14-315.3 C to read as follows: Financial contribution in lieu of mitigation If the opportunity to make such investment in marine infrastructure is not available on site, or if off site within the same lot, a condition of rezoning which stipulates a financial contribution to the City’s waterfront loan and investment fund shall be required. In determining the amount of the contribution the contribution shall be not less than the greater of 5% of total project costs or $10.00 per square foot of non-marine space (adjusted for inflation to be equivalent to 2006 dollars), but may be more if necessary for adequate mitigation.  The reviewing body shall decline to grant a rezoning if any of the conditions, including adequate mitigation of adverse impacts on water-dependent uses, is not satisfied with regard to existing water-dependent uses and future water-dependent development opportunities.  Passage 9-0. 

 

Passage, as amended, 8-1 (Geraghty).

 

*****

 

Order 201-05/06            Amendment to Portland City Code Chapter 14, Division 16 to Add the B-7 Mixed Development District Zone - Sponsored by Joseph E. Gray, Jr., City Manager. Given first reading on 4/3/06.

 

Motion was made by Councilor Mavodones and seconded by Councilor Cloutier for passage. 

 

Motion was made by Councilor Mavodones and seconded by Councilor Cloutier to amend by substituting the Planning Board draft.

 

Motion was made by Councilor Cloutier and seconded by Councilor Duson to amend the amendment to add the changes recommended from the Community Development Committee as outlined in a memo dated 4/14/06 adding in Cedar Street issues to accommodate the Salvation Army and two lanes for ATM’s. Passage 9-0.

 

                                    Passage of amended amendment 9-0.

 

PUBLIC HEARINGS:

 

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ORDERS:

 

Order 210-05/06            Setting Public Hearing to Consider an Order Authorizing a Loan to the City from the Maine Municipal Bond Bank School Revolving Renovation Fund in the Principal Amount of up to $567,645.00 - Sponsored by Joseph E. Gray, Jr., City Manager.

 

Motion was made by Councilor Suslovic and seconded by Councilor Gorham for passage.  Passage 9-0.

 

*****

 

Order 211-05/06            Setting Public Hearing on Issuance of General Obligation Bonds in an Amount not to Exceed $1,180,000 and Ratifying Order Nos. 106-05/06 and 107/05/06 – Sponsored by Joseph E. Gray, Jr., City Manager.

                       

Motion was made by Councilor Duson and seconded by Councilor Gorham for passage.  Passage 9-0.

 

*****

 

Order 214-05/06            Accepting and Appropriating $355,000 Revolving Loan Pool Program Grant from U.S. Environmental Protection Agency – Sponsored by Joseph E. Gray, Jr., City Manager. First reading. Waiver of second reading requested.

 

Motion was made by Councilor Geraghty and seconded by Councilor Suslovic to waive the second reading.  Passage 9-0.

 

Motion was made by Councilor Gorham and seconded by Councilor Suslovic for emergency passage.  Passage 9-0.

 

AMENDMENTS:

 

Order 215-05/06            Amendment to Portland City Code Chapter 14 Section 438 (i) (Preservation and Replacement of Housing Units, Availability of Replacement Housing Units) Re:  Performance Bond for Original Site Regardless of Location of Replacement Units – Sponsored by the Housing Committee, Councilor Karen A. Geraghty, Chair. First reading.

 

Order 216-05/06            Amendment to Portland City Code Chapter 4 (Amusements)Article III (Music, Dancing and Special Entertainment) Division 2 (Licenses) Section 4-51– Sponsored by Gary C. Wood, Corporation Counsel. First reading.

 

 

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Motion was made by Councilor Duson and seconded by Councilor Geraghty to refer this item to the Public Safety Committee to be brought back for public hearing on 6/5/06. Passage 9-0.

 

LICENSE RENEWALS:

 

Motion was made by Councilor Suslovic and seconded by Councilor Carr to adjourn.  Passage 6-0 (Mavodones, Cloutier, Leeman gone), 12:44 A.M. (4/20/06)

 

A TRUE COPY.

                                                                                    ATTEST_________________________________

                                                                                                    Linda C. Cohen, CMC, City Clerk