HomeMy WebLinkAbout1998-09-14 98-368 ORDERCOUNCIL ACTION
Date: Seo ember 14, 1996
Item NO. 98-36s
Item/subject: Authorizing Ameemotwlth Acadia Hospital Coryoradon- Wetlands Mitigation
Responsible Department: Community R Economic Development
Commentary:
The development of Acadia Hospital on Stillwater Avenue impacted approximately 1.5
acres of wetland. Future potential expansion of the facility may impact up to
another 0.23of wetlands. Mitigation of wetlands impacted requires
preservation of eight acres of wetlands for each acre of wetlands impacted. The
fisting and contemplated future expansion of the Acadia facility will require that
up to approximately 13.84 acres of endangered wetlands in the same watershed be
preserved and protected from future development. The City may agree to preserve a
portion of its property in the Penjajawoc Stream watershed to mitigate the impact
of the proposed Acadia Hospital project. This agreement would dedicate for
preservation up to 13.84 acres
of City property in the Penjajaw¢c Stream watershed
to mitigate the impact of the Acadia Hospital project. As compensation, Acadia
Hospital Corporation has agreed to lease four acres to the Bangor East Little League
for $10 a year for 15 years to provide for expansion of the Little League facilities,
and pay the City $590 per acre for each acre of City property used for
mitigation.
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Manager's Comments; C+ 817 0. 6101 ft"t
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City Manager
AssociatedLnformatiov ��ytr,.,..._ .-
Budget Approval: S'"�`'''�^'�Y
Finance Director
Legal Approval: 1 �Cit��/,_�
y 3olic£ror
Introduced For ❑ Passage ❑ First Reading ❑ Referral
P eyof�_
98-368
Assigned to Councilor Baldacci Seprember 14, 1998
CITY OF BANGOR
(TITLE) @rbgr Authorizing Agreemeta with Acadia Hospital Corp. Wetlands Mitigation
By rho city (•loam.{{ of fAe Cq' ofDIMPOe:
ORDERED,
THAT WHEREAS, the City of Bangor is the owner of lard treated in the Penjajawac
Stream watershed; and
WHEREAS, a portion of said land is wetiaids; and
WHEREAS, Acadia Hospital Corp. is comemplating future expansion of its facility
known as Acadia Hospital on Stillwater Avenue, Burger, Maim; and
WHEREAS, said expansion rosy require wetlands mitigation by Acadia Hospital
Corp.; and
WHEREAS, Acadia Hospital Corp. wishes to be able to purchase wetlands in the
Penja suvoc Stream Watershed should such wetlands be required fm mitigation purposes;
NOW, THEREFORE, BY THE CITY COUNCM OF THE CITY OF BANGOR,
HE IT ORDERED,
THAT the City Manager is hereby authorized to execute an agreement between d¢ City
of Bangor and Acadia Hospital Corp. in a form substantially as attached Moore, and as approved
as to form by the City Solicitor or Amismnt City Solicitor.
IN CITY COUNCIL
September 14. 1998
Motion for Passage made and
Seconded Councilor Crowley
abstained from discussion d
vote Passed
�Rf?3.1L�1l�TUI
98-368
ORDER
Title, Authorizing Agreement with
Acadia Hospital Corp. - Wetlands
Mitigation
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-?Zre 64 a
AmOgned to
Dnnnni>man
98-368
ORDER
Title, Authorizing Agreement with
Acadia Hospital Corp. - Wetlands
Mitigation
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-?Zre 64 a
AmOgned to
Dnnnni>man
96-368
AGREEMENT
Agreementmede this day of , 1998 between CITY OF BANGOR -a
body corporate, of 73 Harlow Street, Bangor, Penobscot County, Maine (hereinafter "the
City')mal Acadia Hospital Corporation., a corporation duly organized and existing under
the laws of the Stele ofMairw, having a principal place in Bangor, Penobscot County,
Maine (hereinafter "ACADIA 1.
W11NESSTH
WHEREAS, the City of Baagor is the owner of a certain lots or parcels of land
IocaGd in the Penjajawoc Stream watershed, Bangor, Maine, said lots or parcels of land
being wetlands and
WHEREAS, ACADIA is contemplating future expansion of its facility known as
Acadia Hospital on Stillwater Avenue, Bangor, Maine; and
WHEREAS, said expansion may require wetland mitigation;
NOW THEREFORE, forconsideradon paid by ACADIA to theCityandin
consideration of the covenants and agreements hereinafter set forth, the patties berem, f
themselves end their successors and assigns, agree as follows:
1. The City does hereby agree to place aportion oft he lots or parcels of lend in
the Penjajawoc Stream watershed, not to exceed 13.84 acres, under declaration of
covenants and restrictions in the event that ACADIA expands the Acadia Hospital
facility and is raryired to do wetlands mitigation as a condition of said expmesion..
2. ACADIA agrees to take all steps necessary to minimize its rued for wetland
mitlgatiom including but not limited to, seeking an order do it does not now have to
mitigate wetlands disturbed by previous development
3.ACADIA shaft give written notice ofits intent to expand its facility to the City
by July 30,2000. Such onto shall be effective if delivered m the City's City Manager's
office at the City's address stated above.
4. ACADIA shall start said expansion an later than July 30, 2001 and complete it
no later [ban July 30, 2005.
S.ACADIA shallpaymdu Citythesomof$590.00peracreforeveryacre,or
Portion thereof, used for wetland mitigation. Said payment shall be due and payable on
the date dal the City executes dv declaration of covenants and restrictions.
6. ACADIA shall provide the City with a metes and bounds description, subject m
the approval of the City, of the wetlands to be used£ mitipgtiaa.
CITY OF BANGOR
Witness Edward A. Barrett
City Manages
ACADIA HOSPITAI. CORPORATION
President
n�cehvurvc W real eSRlAud'udoc
98-368