| MICHAEL F. BRENNAN (MAYOR) | JOHN R. COYNE (5) |
| KEVIN J. DONOGHUE (1) | JOHN M. ANTON (A/L) |
| DAVID A. MARSHALL (2) | JILL C. DUSON (A/L) |
| EDWARD J. SUSLOVIC (3) | NICHOLAS M. MAVODONES, JR. (A/L) |
| CHERYL A. LEEMAN (4) |
AGENDA
REGULAR CITY COUNCIL MEETING
EVENING SESSION
FEBRUARY 6, 2012
The Portland City Council will hold a regular City Council Meeting at 7:00 p.m. in the City Council Chambers, City Hall. The Honorable Michael F. Brennan, Mayor, will preside.
PLEDGE OF ALLEGIANCE:
ROLL CALL:
APPROVAL OF MINUTES OF PREVIOUS MEETING:
(Tab 1) January 18, 2012
ANNOUNCEMENTS:
RECOGNITIONS:
PROCLAMATIONS:
Proc 21-11/12 Proclamation Honoring Hannaford Supermarkets – Sponsored by
(Tab 2) Mayor Michael F. Brennan.
APPOINTMENTS:
Order 105-11/12 Order Appointing Members to Various Committees – Sponsored
(Tab 3) the Nominating Committee, Councilor Cheryl A. Leeman, Chair.
| Timothy Dean | Planning Board | 02/28/2015 |
| Carol Morrissette | Planning Board | 02/28/2015 |
| Patrick Venne | Planning Board | 02/28/2015 |
| Kelly McDonald | Police Citizen Review Subcommittee | 03/30/2015 |
| Matthew Tarasevich | Portland Fish Exchange C | 10/31/2015 |
Five affirmative votes are required for passage after public comment.
Order 106-11/12 Order Appointing and Setting Salary of Michael Sauschuck
as Police
(Tab 4) Chief – Sponsored by Mark H. Rees, City Manager.
This order appoints Michael Sauschuck as Police Chief for the City of Portland.
This order shall be enacted as an Emergency to take effect immediately, pursuant to Article II, Section 11 of the Portland City Charter, in order to permit the Chief to assume his duties as soon as possible
Seven affirmative vote are required for passage as an emergency after public comment.
CONSENT ITEMS:
Order 107-11/12 Order Accepting Donation of $500 from the Greater Portland
(Tab 5) Swimmers - Sponsored by Mark H. Rees, City Manager.
The Greater Portland Swimmers is a master’s swim group which practices out of the Riverton and Reiche Pools. Each year they host a master’s meet during the month of November at the Riverton Pool. This year’s proceeds (along with part of their donation from last year) have been earmarked to provide 16 weeks of swim lessons to the third and fourth graders at the Riverton School.
This order accepts their donation of $500.
Order 108-11/12 Order Accepting Land in the Vicinity of Belfast Street and
Placing It
(Tab 6) in the City’s Land Bank – Sponsored by the Landbank Committee, Thomas
Jewell, Chair.
In 1992 these six small lots (each containing 3,000 square feet) were deeded from the Estate of Hartley Davis to his four children. One, Sterling Davis, has since passed away, and his ¼ interest passed by deed to his five children. The lots are assessed as three pairs of lots, with each pair valued at $5,100. These members of the (greater) Davis family have paid the real estate property taxes for almost 20 years, but now wish to donate all these lots to the City. The purpose from the perspective of the Land Bank is to fill in the "gap" the Davis parcels made in the Ocean Avenue Recreation Area (which is already in the Land Bank), to protect wetlands and to provide other conservation and recreational open space benefits. Because there this is a gift, no Purchase and Sale Agreement is necessary.
The Land Bank Commission believes this donation is consistent with its goals, and the intended result will be land added to the Land Bank.
Five affirmative votes are required for passage of the Consent Calendar.
LICENSES:
Order 109-11/12 Order Granting Municipal Officer’s Approval of Blue
Lobster Urban
(Tab 7) Winery, LLC d/b/a Blue Lobster Urban Winery and Lounge, 61 India St.
Application for Class III & IV Liquor License and Outdoor Dining on Private
Property – Sponsored by Katherine L. Jones.
Blue Lobster Urban Winery, LLC d/b/a Blue Lobster Urban Winery and Lounge 61 India St. Application for Class III & IV Liquor License and outdoor dining on private property. Sponsored by Katherine L. Jones, City Clerk.
New City and State License. Application filed 01/23/12.
Five affirmative votes are required for passage after public comment.
BUDGET ITEMS:
COMMUNICATIONS:
Com 17-11/12 Communication Re: Department of Public Services Winter
(Tab 8) Operations – Sponsored by Mayor Michael F. Brennan.
As a Communication this item requires no public comment or formal Council action.
RESOLUTIONS:
UNFINISHED BUSINESS:
Com 16-11/12 Communication Re: Appointment of Councilor John Anton to the
(Tab 9) Homeless Prevention Task Force – Sponsored by Mayor Michael F. Brennan
Pursuant to the Charter this is an appointment to an Ad Hoc Committee that the Mayor is authorized to make subject to the Council’s right to veto this appointment by six or more votes.
At the January 18th Council meeting this item was postponed to this meeting.
Order 102-11/12 Amendment to Portland City Code Chapter 21 Farmers’
Markets
(Tab 10) Article I. In General Section 21-1 – Sponsored by Councilors John M.
Anton and Cheryl A. Leeman.
This order amends the Farmers' Market ordinance to allow the sale of un- pasteurized milk and milk products, hard cider, malt liquor, and wine produced by Maine farms from locally grown products as long as those sales comply with applicable state laws.
On November 15, 2011, the City's Health and Recreation Committee reviewed the addition of these products to those that can already be sold at the City's farmers' markets and voted 3-0 to recommend passage to the City Council.
Councilor Anton intends to make an amendment on the floor which removes the requirement of displaying a placard and providing handouts discussing the risks of consuming unpasteurized milk and milk products when selling these products at the farmer’s market.
This item must be read on two separate days. It was given a first reading on January 18th. Five affirmative votes are required for passage after public comment.
Order 103-11/12 Amendment to Portland City Code Re: Green Building Code –
(Tab 11) Sponsored by the Former Energy and Sustainability Committee, Councilor
David A. Marshall, Chair.
The former Energy and Environmental Sustainability Committee (EESC) proposed to make the following amendments to the Green Building Ordinance.
In general, the Ordinance requires that projects owned or occupied by the City and projects receiving funding from the City must meet certain green building standards. The most substantial change proposed to the Ordinance includes substituting the requirement that projects receiving City funds must attain the Leadership in Energy and Environmental Design (LEED) Silver certification to the requirement that they must exceed American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) Standard 90.1 or equivalent by 30% for new construction, 25% for existing buildings, and 20% for historic buildings.
The proposed amendments represent the work of the Green Building Incentive Task Force (GBITF) and the EESC.
On February 7, 2011, the City Council created the Task Force to study and develop a green building incentive program in the City and reviewed the City’s current Green Building Ordinance. On July 7, 2011 the Task Force made their final recommendations to the EESC, but was unable to address the waiver process due to time constraints, referring the waiver issue to the Committee for review.
During the September and October EESC meetings, the Committee reviewed the waiver amendment and revisited the proposed amendments by the Task Force. At the October EESC meeting, the Committee referred their recommendation to amend the ordinance to the City Council.
At their meeting on October 6, 2011, the former Energy and Environmental Sustainability Committee voted 3-0 to forward this item to the City Council with a recommendation for passage.
This item must be read on two separate days. It was given a first reading on January 18th. Five affirmative votes are required for passage after public comment.
Order 104-11/12 Amendment to Portland City Code Chapter 12 Garbage, Wastes
and
(Tab 12) Junk Sections 12-16 & 12-23 – Sponsored by Councilors Edward J.
Suslovic and John R. Coyne.
The Portland Downtown District brought together a group of interested parties to discuss the issue of cigarette butt litter on the streets and sidewalks in the City. One of the recommendations of the group is to clarify in the Code that it is illegal to discard cigarette butts on public property. The proposed amendments to Chapter 12 are intended to accomplish that goal.
On November 4, 2011, the Public Safety Committee met and voted 2-0 to forward this item to the full City Council for a recommendation for passage.
This item must be read on two separate days. It was given a first reading on January 18th. Five affirmative votes are required for passage after public comment.
ORDERS:
Order 110-11/12 Order Accepting Transfer of Control of the Nathan Clifford
School to
(Tab 13) the City of Portland - Sponsored by Mayor Michael F. Brennan.
On January 24, 2012, the Portland Board of Public Education passed a resolution transferring the Nathan Clifford School located at 180 Falmouth Street to the City of Portland. This order accepts the transfer as required by state law.
Five affirmative votes are required for passage after public comment.
Order 111-11/12 Order Approving Bargaining Agreement with Portland Police
Superior
(Tab 14) Officers Benevolent Association – Sponsored by Mark H. Rees, City
Manager.
City staff has reached a tentative agreement with the Police Superior Officers Benevolent Association (PSOBA) on a successor one-year contract. The prior collective bargaining agreement expired December 31, 2010.
The PSOBA, which is comprised of 31 Police Captains, Lieutenants and Sergeants, has ratified the tentative agreement and the Administration is recommending your support for the agreement. The tentative agreement is within the guidance received by the City Council on August 1, 2011.
Terms of the agreement include a 1% base wage increase for the one-year agreement. The agreement also increases the uniform allowance from $200.00 per year to $250.00 per year. The total cost of the general wage increase and the increase to the uniform allowance is $52,535.00.
This item must be read on two separate days. This is its first reading.
AMENDMENTS:
Order 112-11/12 Amendment to Portland City Code Re: Zone Map Zone Change
Area
(Tab 15) 113-201 West Commercial Street – Sponsored by the Planning Board, Carol
Morrissette, Planning Board Chair.
J.B. Brown & Sons, represented by Vincent Veroneau, request a zone map change in the area of 113 to 201 West Commercial Street, and an associated text change to the building height provisions of the B-5b zone.
The site is a 10.65 acre former rail yard and is predominantly vacant. The applicant proposes to change the zoning on 5.8 acres of land adjacent to West Commercial Street from Waterfront Port Development (WPDZ) to Mixed Use Commercial (B-5b.) Furthermore, the application includes changing +/-.5 acres of J.B. Brown land that is currently zoned WPDZ to West End Residential (R-4) to increase the residential buffer at the rear of the site.
The advertised zone change map additionally includes a proposed map change on portions of two abutting residential properties from WPDZ to R-4, consistent with their current use and to avoid an isolated remnant of WPDZ if the applicant’s proposal is approved.
Neighborhood concerns over increased building heights prompted an additional request for a building height text amendment for the B-5b that would reduce building height maximums on the parcels of land subject to the map change. Current building heights in the B-5 zones are 65 feet.
The proposed amendment would limit heights to 45 feet at the westerly end of the subject parcels, west of Fletcher Street, and to 55 feet between Fletcher Street and Emery Street. Limits on rooftop structures are also included in the text change.
While no fixed plans are in place for a specific development, the applicant has provided conceptual master plans of the site showing commercial office buildings and surface parking along West Commercial Street.
The current WPDZ zoning covering the site is intended to promote deepwater marine industry, but the subject site is on the land side of West Commercial Street and has no water access.
The WPDZ zone is highly restrictive for uses other than water dependent uses, leaving few opportunities for development. The applicant has recently acquired the site from the Portland Terminal Company (Pan Am rail) which also owns significant amounts of land on the water side of West Commercial Street.
This item must be read on two separate days. This is its first reading.
Order 113-11/12 Amendment to Portland City Code Chapter 14. Land Use
Article III.
(Tab 16) Zoning Re: Places of Assembly - Sponsored by the Planning Board, Carol
Morrissette, Chair.
The City Council adopted a zoning text amendment to add “Place of Assembly” as a permitted institutional use in the B-4 Zone at the January 4, 2012 meeting. At the Council meeting, the question was raised as to whether this amendment should be considered for other business zones within Portland.
On January 24, 2012 after review, the Planning Board voted unanimously (4-0, Lowry, Lewis, and Hall, absent) to recommend to City Council text amendments to the B-2, B-3, B-5 and B-7 Business Zones to allow Place of Assembly as a permitted institutional use, to delete private club or fraternal organizations and the term religious from the business zones, and to substitute meeting facilities and exhibition halls for places of public assembly in the B-7 zone.
This item must be read on two separate days. This is its first reading.
Order 114-11/12 Amendment to Conditional Zone for Property in the Vicinity
of
(Tab 17) Diamond Cove, Great Diamond Island Portland Maine Zoning Text –
Sponsored by the Planning Board, Carol Morrisette, Chair.
In 2008 the City Council approved an amendment to the Diamond Cove conditional zoning text to accommodate the conversion of the Double Barracks building to a hotelminium project on Great Diamond Island.
The Inn at Diamond Cove, LLC (developer) has recently requested the conditional zone text be further amended to increase the number of hotelminium units from 20 to 22 and the number of lock-out units from 16 to 22 units. The total number of bedrooms remains unchanged at 46.
The Planning Board will be making a recommendation to the City Council on this amendment, but the public hearing for that recommendation will not take place until the Board’s February 14th meeting.
Placement of this item as a first reading provides for an anticipated City Council public hearing on February 22nd, which facilitates final Planning Board site plan approval for the project shortly thereafter.
This item must be read on two separate days. This is its first reading.
Order 115-11/12 Amendment to Portland City Charter Article II, Section 2
(City
(Tab 18) Council) Re: Term of At-Large Council Seat – Sponsored by Councilor
John M. Anton.
The above amendment to the City Charter would end the current system whereby there are two at-large seats up for election every other year. Instead, this would make a one-time extension in the term of one of the two at-large seats which are up for election in 2013 to be a four-year term, ending in 2017. Thus, in 2012, one at-large seat will be elected through 2015 and in 2013 one will be elected through 2016 and one through 2017. Thereafter, re-election will return to being every 3 years (i.e. 2018, 2019 and 2020).
Separately designated nomination papers will be issued for each of the at-large seats in 2017. Candidates may only take out and file nomination papers for one of the two seats, per Article IV, Section 6, and there will be separate questions on the 2013 ballot, one for the four-year seat and one for the three-year seat.
This item must be read on two separate days. This is its first reading. Councilor Anton is requesting that this item be referred to the Legislative Committee for further review.
LICENSE RENEWALS:
REQUEST FOR EXECUTIVE SESSION:
Request for Executive Session Re: Bargaining Guidance for Local 740, International Association of Firefighters, AFL-CIO.