AGENDA
SPECIAL CITY COUNCIL MEETING
AFTERNOON SESSION
JULY 19, 2010

The Portland City Council will hold a Special City Council Meeting at 5:00 p.m. in the City Council Chambers, City Hall.  The Honorable Nicholas M. Mavodones, Jr., Mayor, will preside.

 

PLEDGE OF ALLEGIANCE:

 

ROLL CALL:

 

ANNOUNCEMENTS:

 

RECOGNITIONS:

 

PROCLAMATIONS:

 

APPOINTMENTS:

 

Order  1-10/11            Order Making Appointments to Various Committees – Sponsored

(Tab 1)                        by the Appointments Committee, Councilor Cheryl A. Leeman, Chair.

 

                                    Name                           Board                                                  Term Expires

 

                                    Joseph Dwyer              Civil Service Commission                     6/30/13

                                    Kirk Goodhue               Civil Service Commission                     6/30/13

                                    Clifford Ginn                 Housing Authority                               6/30/15

                                    Shirley Peterson            Housing Authority                               6/30/15

                                    Stephen Aylward          Landbank                                            6/30/13

 

                                    Five affirmative votes are required for passage after public comment.

 

CONSENT ITEMS:

 

Order  2-10/11            Order Declaring “45^th Annual ( 2010) WCSH-TV Sidewalk Art

(Tab 2)                        Festival - Sponsored by Joseph E. Gray, Jr., City Manager.

 

                                     This order declares WCSH-TV Sidewalk Art Festival Day to be held Saturday, August 28, 2010.  The festival will run from 9:00 a.m. to 4:00 p.m.  In the event of rain the festival will be held on Sunday, August 29^th.

 

                                     The festival area is Congress Street, the street itself), sidewalks and squares from Park to Elm Street (Monument Square/One City Center) and Casco, Brown, Center and Preble Streets that connect with Congress Street.

 

                                     Congress Street will be closed to vehicles.  High Street (at the intersection of Congress Street) would stay open so that commuters could go back and forth to South Portland.  There will be a parking ban along Congress Street and the side streets (just one block) leading into Congress Street.

 

Order  3-10/11            Order Declaring 86^th Annual St. Peter’s Bazaar/Street Festival,
(Tab 3)                         August 14^th and 15^th and Four-Mile Road Race on August 13^th –
                                     Sponsored by Joseph E. Gray, Jr., City Manager.

                        

 

                                     This order declares the St. Peter’s Bazaar/Street Festival to be held Saturday and Sunday, August 14 and 15 and approves the St. Peter’s Four-Mile Road Race on August 13, 2010. 

 

                                     In order for this festival to be held, a portion of Federal Street (India Street to Franklin Street Arterial) needs to be closed to vehicular traffic on Friday, Saturday, and Sunday, August 13, 14, 15 from 12:00 noon to 12:00 midnight and posted “No Parking”.  Hours of the festival are Saturday 5:00 p.m. to 10:00 p.m. and Sunday 4:30 p.m. to 9:30 p.m.  Setup for the festival is on Friday from 5:00 p.m. to 9:00 p.m.  There are no rain dates.

 

                                     In order for the road race to be held, a portion of India (Federal to Fore Street) needs to be closed to vehicular traffic for the start of the race from 6:55 to 7:10 p.m. on Friday, August 13, 2010

 

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

 

LICENSES:

 

Order  4-10/11            Order Granting Municipal Officer’s Approval of C & S Restaurant,

(Tab 4)                        LLC, d/b/a The Salt Exchange, 245 Commercial Street.  Application
                                    for Entertainment without Dance (unamplified) – Sponsored by
                                    Linda C. Cohen, City Clerk.

 

                                     Applicant currently holds a Class XI Restaurant/Lounge License with Outdoor Dining.  Entertainment Inside Only.  Application filed 6-15-10.

 

                                     Five affirmative votes are required for passage after public comment.

 

Order  5-10/11            Order Granting Municipal Officer’s Approval of Little Seoul

(Tab 5)                        Restaurant, Inc., d/b/a Little Seoul Restaurant, 90 Exchange Street. 
                                    Application for a Class I Restaurant with Liquor License –
                                    Sponsored by Linda C. Cohen, City Clerk.

 

                                     In space formerly known as The Greek Corner.  New City and State License Application filed 7-2-10.

 

                                   Five affirmative votes are required for passage after public comment.

 

Order  6-10/11           Order Granting Municipal Officer’s Approval of Norm’s Bar & Grill

(Tab 6)                        Inc., d/b/a Norm’s Bar & Grill, 617 Congress Street.  Request to
                                    add Outdoor Dining – Sponsored by Linda C. Cohen, City Clerk.

 

                                     Applicant currently holds a Class I Restaurant With Liquor License.  Outdoor Dining (City property) to include 4 tables with 2 chairs at each for a total of 8 seats.  Application filed on 7-2-10. 

 

                                     Five affirmative votes are required for passage after public comment.

 

PUBLIC HEARINGS:

 

BUDGET ITEMS:

 

COMMUNICATIONS:

 

RESOLUTIONS:

 

Resolve 1-10/11          Resolution Supporting Effort to Develop a Detailed

(Tab 7)                        Proposal for a Storm Water Utility Program - Sponsored by the Energy & Environmental Committee, Councilor David A. Marshall, Chair and the Finance Committee, Councilor Jill C. Duson, Chair.

                                   

                                     The Energy and Environmental Sustainability Committee (EESC) and the Finance Committee unanimously endorsed this resolution in a joint meeting held on July 1, 2010.  This resolution supports the effort to continue to develop a detailed proposal for a storm water utility program.  The immediate necessary steps to develop this program proposal include carrying out a spot assessment of the City’s storm water infrastructure including storm pipe, catch basins, etc. and developing a conditions assessment of the total impervious surface in the City.  Future steps would include studying billing models, development of a stakeholder group and exploration of regional models for a storm water utility.  This resolution supports the efforts of staff to continue the development of a proposal for a storm water utility.

                                    

                                    Five affirmative votes are required for passage after public comment.

                                   

 

UNFINISHED BUSINESS:

 

Order  273-09/10        Amendment to City Code §.14-49 (Zoning Text and Map

(Tab 8)                        Amendment) Re:  Conditional Rezoning for Property Located on
                                    Luther Street On Peaks Island – Sponsored by the Planning Board,
                                    William Hall, Chair.

 

                                     The Planning Board recommends to the City Council the adoption of conditional rezoning agreement for HOMESTART Affordable Housing to create three, single-family affordable units at 18 Luther Street on Peaks Island.  The current zoning of the site is Island Residential IR-2 with a total area of approximately 16,271 sq. ft.  HOMESTART is a non-profit housing development group located on Peaks Island. 

 

                                     The applicant is proposing to construct two new houses and either rehab or reconstruct the one existing home at 18 Luther Street.  All of the residential units will be marketed as affordable housing.  The proposed density exceeds the minimum requirement of the IR-2 zone.

 

                                   On May 8, 2010, the Planning Board met and voted 4-0 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 June 21^st.  Five affirmative votes are required for passage after public comment.

 

Order 274-09/10        Amendment to Zoning Map Re:  Rezoning from R-5 Residential

(Tab 9)                       Zone to R-P Residence-Professional Zone Vicinity of 1326 Washington Avenue – Sponsored by the Planning Board, Bill Hall, Chair.

 

                                   Mr. J. David Pirone has submitted a request for a zone change from the R-5 Residential to R-P Residential Professional.  The property proposed for rezoning is approximately 6,306 sq. ft. and has an existing single-family structure.  The applicant intends to change the use of the structure from a single-family home to a real estate office.

 

                                   On May 8, 2010, the Planning Board met and voted unanimously 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 June 21^st.  Five affirmative votes are required for passage after public comment.

 

Order 282-09/10         Amendment to Portland City Code Chapter 14.  Land Use Articles

(Tab 10)                       III.  Zoning Division 12.5. B-4 Commercial Corridor Zone – Sponsored by the Planning Board, William Hall, Chair.

 

                                     On June 8, 2010, the Planning Board voted unanimously to recommend to the City Council the adoption of a zoning text amendment to the B-4 Commercial Corridor Zone, which eliminates lodging houses as a permitted use.

 

                                     The Housing Committee during its review of the Housing Replacement Ordinance requested the Planning Board to determine if a lodging house is an appropriate use in this zone and to make a recommendation to the City Council as to whether to retain or eliminate this use in this zone.

 

The Planning Board found the lodging house use was inconsistent and incompatible with the high economic value, big box retail, auto-dependent commercial uses of the B-4 zone.  A broad range of regional business uses are permitted in the B-4 zone, including automobile services, dealerships and major gasoline service stations.  Lodging houses are listed as an “other” use defined as a house with two (2) or more rooming units to individuals on not less than a weekly or monthly basis for compensation.  A lodging house functions as a low-intensity residential use where people reside for periods measured in weeks or months or longer.  Therefore, the setting for lodging house use should be equivalent to settings for multifamily residential uses.     

 

                                     This item must be read on two separate days.  It was given a first reading on June 21^st.  Five affirmative votes are required for passage after public comment.

 

ORDERS:

 

AMENDMENTS:

 

LICENSE RENEWALS:

 

REQUEST FOR EXECUTIVE SESSION:

 

                                     Request for Executive Session Re:  Bargaining Guidance for Portland Police Benevolent Association (PBA) – Sponsored by Joseph E. Gray, Jr., City Manager.