AGENDA
CITY COUNCIL MEETING
EVENING SESSION
DECEMBER 1, 2008

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 Jill C. Duson, Mayor, will preside.

PLEDGE OF ALLEGIANCE:

ROLL CALL:

APPROVAL OF MINUTES OF PREVIOUS MEETING:

(Tab 1) Special City Council Meeting November 17, 2008
Regular City Council Meeting November 17, 2008

ANNOUNCEMENTS:

RECOGNITIONS:

PROCLAMATIONS:

Proc 13-08/09 Proclamation Honoring Dr. Annmarie Lemire as Employee of the
(Tab 2) Month for November, 2008 – Sponsored by 2007-2008 Mayor Edward J. Suslovic.

Proc 14-08/09 Proclamation Honoring Officer Andjelko Napijalo as Police Officer
(Tab 3) of the Month for October, 2008 - Sponsored by Mayor Jill C. Duson.

APPOINTMENTS:

Order 122-08/09 Order Appointing Three Members to the Portland Charter - Sponsored by Councilor Cheryl A. Leeman as Chair of the 2007-2008 Appointments and Non-Union Personnel Committee.

On November 4, 2008 the voters approved the creation of the Portland Charter Commission. State law requires the Council to appoint three members to the Commission within 30 days of the election.

Appointive members need not be residents of the municipality but only one may be a sitting Councilor.

The City Clerk posted a notice on the City’s website and in the Press Herald asking interested individuals to submit a letter of interest and resume in writing or electronically on or before November 21st. On November 25th the Appointments Committee interviewed over 24 individuals and is recommending appointment of Pamela Plumb, Naomi Mermin and Thomas Valleau to the Committee.

At the first or second meeting in January the Council will decide the number of individuals to be elected to the Commission (5, 6 or 9) and set the election date at either the first or second meeting January. Companion Order 122A-08/09 below calls for the election of nine members to the Charter Commission using the same process and format contained in the City Charter for the election of Councilors (four to be elected At-Large and five to be elected one from each of the five Council election districts).

Five affirmative votes are required for passage after public comment.

Order 122A-08/09 Order Re: Election of Nine Members to the Portland Charter
Commission – Sponsored by Councilor Cheryl A. Leeman as Chair of the 2007-2008 Appointments and Non-Union Personnel Committee.

This order is a companion order to Order 122-08/09 above. It calls for the election of nine members to the Portland Charter Commission with the election following the same requirements that apply to the election of Councilors such that four members of the Charter Commission shall be elected At-Large by the registered voters of the entire City and one member shall be elected from each of the five election districts by the registered voters of each district.

Five affirmative votes are required for passage after public comment.

CONSENT ITEMS:

Order 79-08/09 Order Discontinuing a Portion of Hooper/Sewall Street; City Deed of
(Tab 4) Land; City Acceptance of Easement – Sponsored by Joseph E. Gray, Jr., City Manager.

In the course of negotiating for a private swap of land between CMP and Langdon Street Real Estate, Inc. (Concord Trailways), an issue arose over the City of Portland’s interest in a portion of Sewall Street where it intersects with Hooper.

The City accepted one portion of Sewall Street, discontinued another portion of Sewall Street, but never discontinued a middle section. This portion lies at the intersection of Sewall/Hooper Streets. Therefore, the city still owns the land in fee.

In order for the city to extinguish all the public rights in this portion of the street, the city would need to discontinue this portion of the street and then convey the land to Concord in a deed. If/when it is discontinued, the city will need to make sure that a sewer and stormwater easement is retained.

The abutters to the area of discontinuance are CMP and Langdon Street Real Estate, Inc. (Concord Trailways). Notices of the discontinuance request have been sent to these abutters pursuant to state law.

The city will be reserving a public sewer and stormwater easement in this area and will be paying no damages in connection with the discontinuance.

This item is coming back to the Council after having been referred to the Transportation Committee at the October 6th Council meeting.

Staff is asking that this item be enacted as an emergency so that CMP can initiate changes necessary to improve traffic circulation before winter sets in.

Order 122B-08/09 Order Accepting the Extension of Pennell Avenue as a City Way –
(Tab 5) Sponsored by Joseph E. Gray, Jr., City Manager.

A parcel of land extending Pennell Avenue has been offered to the city and is now ready for acceptance as a city street. Public Services recommends that the street extension be accepted as part of the public street.

Order 123-08/09 Order Accepting Land at the Corner of Castine Avenue and Forest
(Tab 6) Avenue and Placing it in the City’s Land Bank – Sponsored by Land Bank Commission, Roger Berle, Chair.

Diversified Properties has been working with the Land Bank Commission over the past several months on the possibility of donating land to the City of Portland and placing into the Land Bank. The property is located at the corner of Forest Avenue and Castine Avenue, know as Pines of Portland, which is approximately .36 acres.

The property has been identified by the Land Bank Commission as high priority to obtain due to the high quality pine trees that exist and the opportunity to provide open space buffering with a residential area.

The commission asked the Department of Public Services to inspect the property to assist with determining if there would be any reason not to accept the donated land. Staff has completed the review of the parcel and recommends that the City Council accept the property

Five affirmative votes are required for passage of the Consent Calendar.

LICENSES:

Order 124-08/09 Order Granting Municipal Officer’s Approval of Kon Asian LLC,
(Tab 7) d/b/a Kon Asian Bistro, at 1140 Brighton Avenue. Application for Class XI Restaurant/Lounge and Entertainment with Dance License. New City and State License – Sponsored by Linda C. Cohen, City Clerk.

New application in the space formerly known as Valle’s Steakhouse. Date application filed 11-13-08.

Five affirmative votes are required for passage after public comment.

Order 125-08/09 Order Granting Municipal Officer’s Approval of The Roma, LLC,
(Tab 8) d/b/a The Roma/Bramhall Pub at 769 Congress Street. Application to Upgrade from a Class I Restaurant and Entertainment with Dance License to a Class XI Restaurant/Lounge and Entertainment with Dance License – Sponsored by Linda C. Cohen, City Clerk.

Date application filed 11-17-08.

Five affirmative votes are required for passage after public comment.

Order 126-08/09 Order Granting Municipal Officers Approval of NCPTWO, LTD, d/b/a
(Tab 9) Flask, at 117 Spring Street. Application for Class A Lounge and Entertainment without Dance – Sponsored by Linda C. Cohen, City Clerk.

New ownership of existing business. Date application filed 10-6-08.

Five affirmative votes are required for passage after public comment.

Order 127-08/09 Order Granting Municipal Officer’s Approval of Olive Café, LLC,
(Tab 10) d/b/a Olive Café, at 127 Commercial Street. Application for Class III & IV (Beer & Wine) License and Outdoor Dining. New City and State License – Sponsored by Linda C. Cohen, City Clerk.

New application for the space formerly known as One Eyed Jacks. Outdoor dining on city sidewalk to include three tables with two chairs at each for a total of six seats. Date application filed 11-7-08.

Five affirmative votes are required for passage after public comment.

PUBLIC HEARINGS:

BUDGET ITEMS:

COMMUNICATIONS:

RESOLUTIONS:

Resolve 5-08/09 Resolution Supporting Nondiscrimination and Equality Sponsored by
(Tab 11) Councilor David A. Marshall and Co-Sponsored by Mayor Jill C. Duson, Councilors Cheryl A. Leeman, Nicholas M. Mavodones, Jr., Kevin J. Donoghue, Daniel S. Skolnik, John M. Anton, Dory Richards Waxman, and John

This Resolution expresses the city’s longstanding support for nondiscrimination and equality.

Five affirmative votes are required for passage after public comment.

Resolve 6-08/09 Resolution Supporting Emergency Enactment of Amendments
(Tab 11) to 30-A M.R.S.A. §. 2103 Re: Charter Commission Membership – Sponsored by Councilor Cheryl A. Leeman as Chair of the 2007-2008 Appointments and Non-Union Personnel Committee.

In 2008 the State Legislature passed an amendment to 30-A M.R.S.A. § 2103 (Charter Commission Membership) which amended state law to allow municipalities to elect the same number of members to a Charter Commission as a municipality has on its City Council or Board of Selectmen using the same election format as applies to the election of the municipal officers.

At the same time the Legislature amended state law so that in the case of a bifurcated process in which the voters approve the creation of a Charter Commission at a referendum at one election but elect members to the Charter Commission at a later election, the later election of the Charter Commission members has to be held no more than 200 days after the referendum authorizing the Charter Commission.

In some years, including 2009, 200 days is not a sufficient time span to allow a municipality that passes a referendum creating a Charter Commission in November to hold the election of the Charter Commission members on the second Tuesday in June which is often the date of a state election.

This Resolution calls for the Legislature to amend that law on an emergency basis so that the City of Portland in 2009, and other municipalities in the State in future years, will have the option of combining a state and local election on the second Tuesday in June.

State law also currently requires the City Council to make the appointment of three members to the Charter Commission within 30 days after the election approving the establishment of the Charter Commission. Companion Order 122-08/09 complies with that requirement.

This Resolution asks the Legislature to amend that state law so that the appointment of the three members in future years and similar situations can be made within 30 days after the election of the members of the Charter Commission.

UNFINISHED BUSINESS:

Order 54-08/09 Order Amending the Jetport Noise Advisory Committee Membership
(Tab 12) - Sponsored by Councilor Daniel S. Skolnik as Chair of the 2007-2008 Jetport Noise Advisory Committee.

The Jetport Noise Advisory Committee (NAC) recommended changes to the current eight member committee established by the City Council of July 1,1996. These changes include: the addition of three (3) at large members to better represent the general public’s interest in noise mitigation, the addition of a cargo carrier representative, and a revision to the designated airline member. The added members would include:

- Three (3) at large members nominated by the Airport Director and approved by the NAC from among those expressing interest in serving, ideally one (1) from each of the communities of Westbrook, South Portland and Portland. An air cargo carrier station manager or designee nominated by the Airport Director and approved by the NAC.

In addition to adding four (4) members to the Committee, the NAC also recommended amending the position of the USAir Station manager to be described as follows:

- One (1) signatory airline station manager as decided by the Jetport
signatory carriers.

At the November 17th Council meeting this item was postponed to this meeting so that staff could prepare and present an amendment based on recommendations of the NAC to address concerns raised by the Council. On November 18th the NAC met and approved amendments that are in the backup and that will be offered by Councilor Skolnik. Five affirmative votes are required for passage after public comment.

Order 109-08/09 Order Reconstituting the Merrill Auditorium Advisory Committee –
(Tab 13) Sponsored by Councilor John M. Anton as Chair of the 2007-2008 Appointments and Non-Union Personnel Committee.

The purpose of the Committee is to advise Merrill Auditorium management, at the general policy level on issues such as scheduling policy, house rules, promotional activities, mix of uses, long-range facility planning and overall condition of the Auditorium; to provide community input to the management; to be informed about and advocate for the Auditorium; and to promote general user-management communication.

The Advisory Committee would not review nor have oversight of the Auditorium’s management, nor would management need approval from the Board on Auditorium operations.

The Committee will meet annually and on an ad hoc basis as necessary and be made up of seven members, three of whom represent the prime tenants. Members will be appointed by the City Manager.

At the November 17th Council meeting this item was postponed to this meeting. Five affirmative votes are required for passage after public comment.

Order 110-08/09 Order Amending Appointment of Trustees Re: Rackleff and Phillips
(Tab 14) Trusts – Sponsored by Councilor John M. Anton as Chair of the 2007-2008 Appointments and Non-Union Personnel Committee.

This order would revise the appointment process for the trustees of the Rackleff and Phillips school scholarship trusts so that the Superintendent of Schools appoints a trustee and the City Manager appoints two other trustees from the public.

Originally, the Trustees were to be the Superintendent and two members appointed by Council. However, the Superintendent has delegated this position over the past several years, and the Council has not been involved in the appointment process for several years.

The Trustees have, however, developed good working procedures for awarding the scholarships and this amendment will make it easier to ratify how the system has been working.

At the November 17th Council meeting this item was postponed to this meeting. Five affirmative votes are required for passage after public comment.

Order 116-08/09 Amendment to Portland City Code Broadband Telecommunications
(Tab 15) Network (Sec 27-10) Re: Cable Television Committee – Sponsored by Councilor John M. Anton as Chair of the 2007-2008 Appointments and Non-Union Personnel Committee.

Currently three Councilors serve on the Broadband Telecommunications Network (Cable TV) Committee. Under this amendment one Councilor will be on the Committee. The Councilor shall be appointed by the mayor and serve as Chair. A member of the School Committee shall be appointed by the Chair of the School Committee and three public members shall be appointed by the City Council. All members shall serve at the pleasure of their appointing authority up to a maximum of nine total years. The committee shall meet as needed upon call of the Chair. The name will be changed as well to be the Cable Television – or CATV – Committee.

This item must be read on two separate days. Five affirmative votes are required for passage after public comment.

Order 117-08/09 Amendment to Portland City Code Chapter 14 (Land Use) Article XV
(Tab 16) (Waterfront Capital Improvement and Economic Redevelopment Zone) Re: Waterfront Economic Development Advisory Committee – Sponsored by Councilor John M. Anton as Chair of the 2007-2008 Appointments and Non-Union Personnel Committee.

This order eliminates the Waterfront Economic Development Advisory Committee and delegating its tasks to update the waterfront development plan to the City Manager in periodic reports to the City Council. The Advisory Committee has not been meeting, and its tasks are appropriately carried out through city administration.

This item must be read on two separate days. It was given a first reading on November 17th. Five affirmative votes are required for passage after public comment.

Order 118-08/09 Amendment to Portland City Code Chapter Two, Article III (Boards,
(Tab 17) Commissions, Committees) Re: Term Limitations on Boards and Commissions – Sponsored by Sponsored by Councilor John M. Anton as Chair of the 2007-2008 Appointments and Non-Union Personnel Committee.

This amendment adds the following committees to the mandated general term limit of three, three-year terms or a total of nine years.

*Cable television committee (CATV);
*Civil service commission employment subcommittee;
*Civil service commission police citizen review subcommittee;
*Community development block grant allocation committee; and
*Portland Public Art Committee

The limit would apply to sitting committee members beginning with the expiration of their term, e.g. if someone has been on one of the named committees for six years, they would be eligible for one additional three- year term.

This item must be read on two separate days. It was given a first reading on November 17th. Five affirmative votes are required for passage after public comment.

Order 121-08/09 Order Approving Policy Re: Unreserved Fund Balance – Sponsored by
(Tab 18) the Finance Committee – Councilor John M. Anton as a Member of the 2007-2008 Finance Committee.

This order approves amending the city’s Fund Balance Policy to reach and maintain an unreserved fund balance of 12.5% of the previous years expenditure budget, a change from the current policy of 8.3%. This item was endorsed by the Finance Committee at their October 20, 2008, meeting.

This item must be read on two separate days. It was given a first reading on November 17th. Five affirmative votes are required for passage after public comment.

ORDERS:

Order 128-08/09 Order Authorizing City Manager to Execute Agreement with Maine
(Tab 19) Department of Transportation Re: Construction of Bike Lanes at Various Locations – Sponsored by Councilor Kevin J. Donoghue as a Member of the 2007-2008 Transportation Committee.

The city will enter into an agreement for a project with the Maine DOT for the continued construction of bike lanes within the city. This project is part of the 2004-2005 Biennial Transportation Improvement Program. To date the city has implemented measures for the accommodation of bicycles on nine miles of city streets, including some with dedicated bike lanes. This project will continue that work on three selected high priority network routes identified by a stakeholder group and endorsed by the Transportation Committee on September 27, 2007.

Five affirmative votes are required for passage after public comment.

Order 129-08/09 Order Adopting the Digital Version of the Islands Zoning Map -
(Tab 20) Sponsored by Joseph E. Gray, Jr., City Manager.

The city’s official zoning map has been put in a digitized format for ArcGIS compatibility and ease of updating.

This order adopts the digitized format as the official format. The Peaks Island Council reviewed this item prior to submission to the Council.

Five affirmative votes are required for passage after public comment.

Order 130-08/09 Order Authorizing City Manager to Sign Stormwater Program
(Tab 21) Management Plan for City of Portland and Submit Plan to Maine Department of Environmental Protection – Sponsored by Councilor David A. Marshall as a Member of the 2007-2008 Energy and Environmental Sustainability Committee.

The City of Portland was issued a General Permit for Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems ("General Permit") by the Maine Department of Environmental Protection (DEP) on July 1, 2008. The General Permit authorizes the direct discharge of stormwater from or associated with a regulated small municipal separate storm sewer system (“MS4”) to an MS4 or waters of the State other than groundwater. Discharges must meet the requirements of the General Permit and applicable provisions of Maine's waste discharge and water classification statutes and rules.

The General Permit authorizes direct discharges in those parts of Maine for which the Department has received delegated authority under the Federal NPDES program. There are several key requirements of the General Permit including the development and adoption of a Stormwater Management Plan.

The Permit obligates the City of Portland to develop, implement and enforce a Stormwater Management Plan that implements six (6) minimum control measures designed to reduce the discharge of pollutants to the maximum extent practicable, to protect water quality and to satisfy requirements of the Clean Water Act. The City of Portland has to adopt and submit its Management Plan by December 29, 2008, and all minimum control measures must be substantially implemented by June 30, 2013.

The Minimum Control Measures included in the Plan and the staff opinion of costs to implement those measures are as follows:

Public education and outreach on stormwater impacts: $10,000-15,000

Public involvement and participation: $215,000

Illicit discharge detection and elimination: $75,000

Construction site stormwater runoff control: $60,000 (includes cost for post construction)

Post-construction stormwater management in new development and redevelopment: (Included above)

Pollution prevention/good housekeeping for municipal operations: $1,075,000 - $2,575,000 (Includes $500,000 - $2,000,000 for projects that will require CIP funding in the 2010 CIP; actual funding levels will depend on data from the assessment of the condition of the existing stormwater system and is needed to meet environmental standards).

Staff presented the proposed Plan to the Energy and Sustainability Committee at their October 30, 2008 meeting. The members of the committee supported submitting the plan to the Council. The Plan must be adopted by December 29, 2008 in accordance with the City’s General Permit issued by the Department of Environmental Protection (DEP). Public comment and questions from the Committee were presented to staff, at the October 30, meeting. Written comment was also allowed to be submitted to staff after the October 30 meeting. The plan being submitted took into account the comments received by staff. Staff recommends adoption of the plan by the city Council.

This item must be read on two separate days. This is its first reading.

AMENDMENTS:

Order 131-08/09 Amendment to Portland City Code Chapter 14 (Land Use), Article III
(Tab 22) (Zoning) Re: Sheds – Sponsored by the Planning Board, Janice Tevanian, Chair.

Currently, market preferences for accessory detached structures including utility sheds are in excess of 120 sq. ft. If these structures are installed with ground coverage greater than 100 sq. ft. then they are subject to principal structure setback requirements.

Principal structures have a 25 ft. rear yard setback requirement which is five (5) times greater in distance than detached accessory structure setback distances. The current market conditions and the existing setback standards create a hardship on landowners proposing to install or build detached accessory structures.

The proposed zoning text amendment mitigates potential hardships by allowing landowners to install accessory detached structures with a maximum of 144 sq. ft. ground coverage and maintain 5ft. rear yard and side yard setbacks.

At the 11/12/08 Planning Board meeting, the board found that the proposed zoning text amendment is consistent with the policies of the Comprehensive Plan of the City of Portland. The Planning Board recommended to the City Council approval of the proposed zoning text amendment.

This item must be read on two separate days. This is its first reading.

LICENSE RENEWALS: