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HomeMy WebLinkAbout2009-04-07 Transportation and Infrastructure Committee Minutes Transportation & Infrastructure Committee Tuesday, April 7, 2009 Minutes Councilors Attending: Patricia Blanchette, Richard Stone, Harold Wheeler, Richard Bronson, Peter D”Errico, Geoffrey Gratwick Staff Attending: Ed Barrett, Jim Ring, David Gould Others Attending: Committee convened at 5:00 p.m. 1. Ordinance Amendment: Land Development Approval Standards, Section 165- 114F (Copy of Council Action and Council Ordinance Attached) Jim Ring explained the genesis of this and that most folks were fairly aware of this and it had received more attention in recent years. He explained that invasive plants were plants that were generally non-native plants and overtake other natural species and were sometimes plants that propagate very wildly. The establishment and propagation of invasive species was the biggest concern in environmentally sensitive areas, no matter where they started, if introduced they can spread very rapidly. Several months ago the Marsh/Mall Commission, in the January meeting discussed this further. The Commission also invited in a number of area landscaping experts and nursery people. There was general agreement that it was an issue that should be addressed, but there was no easy way to do it. The result of that discussion and the recommendation of the Commission and the businesses would be to start by regulating the introduction of potentially invasive and non-native species in Bangor. Beginning with the site plans that the Planning Board reviews. That wouldn’t solve all the issues, but it would be a start. Included in the packet was a draft Ordinance. This provision would be that the proposed change would stay in the use of native species and to discourage the planting of invasive species, as defined in the most current version of the State of Maine Department of Conservation fact sheet list. Number one, it would encourage using native species and number two, prohibit invasive plant species that were recognized on the fact sheet list by Department of Conservation. It needed to come to this Committee first and then proceed to the Council for approval. Councilor Blanchette had a comment on how to proceed; and what tools to be used when a developer came forward with a site plan. She also asked who would be the expert in the City on invasive plants and what was allowed? Jim Ring answered that they recognized that was potentially an issue, and referenced the list/guideline of 24 species that was on the Department of Conservation website. This list would assist someone that was preparing a site plan with landscaping and could very easily reference that in terms of plan approval and receive a list or at least an indication on the plan of what species would be planted. He also noted that the list included the Latin species name as well as the 1 common name. Councilor Blanchette's concern was if they'd be able to site identify, and that someone would try to sneak in one plant for another for cost purposes. Jim Ring stated this could potentially happen. If there was a question, what they would probably do is ask the City Forester to take a look. He's the one person who’s very familiar with the species. Councilor Gratwick stated that nurseries and landscapers seemed to be behind it, but what would they do with the larger chains and big-box stores. He suggested providing those locations with a list and referenced private individuals who wish to do home landscaping. Jim stated, as in his initial comments, that this was the first step; he said there was considerable discussion amongst the Penjajwoc Marsh/Mall Commission and nursery landscapers. This was talked about quite a bit. There could be a problem if you have a homeowner that wanted to do home landscaping and wanted to go to a big-box store, they may not know. The recommendation was to at least start with the new site plans. This really should be addressed on a statewide level and the consensus was that education and awareness would be important. Not sure how to do that at this point but it was something that could be done. Councilor Gratwick stated this was baseline and to start talking with stores and nurseries regarding education. Councilor Gratwick also suggested utilizing the news media. Jim Ring stated he thought that was a possibility for education; that it shouldn’t be just in Bangor, in his opinion, because those folks might go to a nearby location out of Bangor to get plants. He stated that in the long-term, knowledge and awareness would need to be at the statewide level. Councilor Blanchette stated that a lot of the big-box stores exclusively buy certain items from Canada. Their standards were often times different than the states and they would need to work at the state and federal level to get some laws in place. Councilor Blanchette requested a motion for referral to full Council, Councilor Wheeler moved and seconded by Councilor Bronson, with no further discussion. 2. Agreement: Webber Oil Declaration of Covenants and Restrictions for the Open Space and Protection of Meadow Brook in the Haskell Road Subdivision (Memo from Assistant City Solicitor Attached) Paul Nicholas stated, there were two documents involved. The first was an open space declaration, which was part of the requirement for the approval of Haskell Subdivision. Only certain uses would be allowed. There was also the public trail system that Ed Barrett and a number of others had been working on. They’re trying to lay the groundwork for that system for open-space provisions in subdivisions for a public trail system. A second document was similar, but in a different area. That document would be to protect the Meadowbrook area. That particular restriction came from Webber Oil itself. Councilor Blanchette asked if there was a map showing this location and Jim stated he apologized he didn't have one currently but could recover one from the Planning Office, if necessary. He also stated that Haskell Road, which goes in from Hogan Road, past Sam's was extended over the last year, with new lots developed, with the new Hilton Garden Inn at the very end of it. Much of the area with the extension went through as a large parcel that was recently subdivided into smaller parts. He state that if you were drive-up Haskell you would cross Meadowbrook, near 2 the Hyundai dealer, particularly on the right side of that road into the adjacent lands there are tributary streams that run into Meadowbrook. Councilor Blanchette asked for questions or comments. Councilor Gratwick was concerned about the integrity of preservation. Paul noted, in 2007, a law was passed to record all conservation easements and there was a requirement to say what kind of monitoring was being done for those areas. The state required the municipality to go out and take a look at these sorts of conservation easements and maintain a list. David Gould stated that this was phase 3 of the Haskell Road petition. All three phases of the Haskell Road Subdivision had created a larger block of open space. The other thing noticed was that the new Bangor Trails plan showed a recreational trail in the exact location where the open- space was going to be, which would also allows for retainage of open-space for trails. The Planning Board had considered this a win-win situation. It allowed for a deep trail system that Bangor and others were trying to develop. It also allowed for access to the impaired watersheds. Jim Ring stated they met with the developer and these issues were discussed. This was moved and seconded to go to full Council. Councilor Blanchette asked David Gould or Jim Ring that when it goes to the full Council Monday, to provide a map and also requested that any items that come before this Committee, in the future, that were referring to plots of land, to have a map handy. She stated that if they're voting on it, they needed to know where these locations were. There was no further discussion. 3. Maine Department of Transportation Acquisition of City Property for Additional Highway Right-of-Way – U.S. Route 2, Red Bridge Replacement Project, Outer State Street (Memo from City Engineer and Materials Attached) Jim Ring stated he had a map and there was a memo in the packet from himself, describing that Maine Department of Transportation would be reconstructing the Red Bridge, which was located on State Street between Meadowbrook Road and Young Street. The existing structure was in really poor condition and reconstruction had been contemplated by Maine Department of Transportation for some years now. It would be a complete reconstruction in generally the same location but would be better aligned with existing stream. To make it easier to construct, Jim outlined from the map what would take place in order to realign. The Maine Department of Transportation would need additional right-of-way and part of that involved a triangle portion of a piece of City property. They needed to acquire for grading purposes. The Maine Department of Transportation had the authority to take right-of-way for highway purposes. In this case, they approached the City indicating they needed the right-of-way, which Jim concurred with. They would be acquiring it through a condemnation process instead of going through an appraisal process. He explained the parcel was very low and served as a drainage function, with photographs provided in the packet. Although they only th needed a portion (2/10 of an acre) they made an offer to the City of $1,500 for the acquisition, which was the assessed value by the Assessing Office. He stated there wasn’t a need for the City to retain this parcel and Maine Department of Transportation was offering what they felt was the full value of the parcel. The recommendation was to agree to the conveyance and for the amount the State offered because MDOT would take it regardless. Councilor D’Errico asked Jim if MDOT had indicated how they would 3 control traffic on that route. Jim stated the last information he had was that the project would commence this fall. There were two ways to do it. They could maintain some thru traffic or shut down and detour via Mount Hope Avenue. MDOT generally preferred to maintain traffic on major routes, but the problem would be with some of the site constraints to actually maintain a single lane of traffic. The estimation was that it would be a six month project, as opposed to 2 1/2 or three months. Councilor D’Errico thought that would be a problem, as it was a very heavily traveled road during the day. Councilor Blanchette recalled the Essex Street Bridge project with bumper to bumper traffic down Broadway due to the road shutdown. She asked if MDOT could do this with or without the City’s permission and Jim Ring responded yes. They had the authority and would be acquiring property. The issue was whether the City agreed to what was offered. If not in agreement, they would take the property anyway, which then could go through an appeal process, and then they'd need to do an appraisal. Councilor Blanchette asked if Maine Department of Transportation had the total authority to cut off access and reroute the traffic on Mt. Hope Avenue. Jim Ring stated technically it was their call. The City has worked very closely with them and generally Jim preferred to maintain two-way traffic. But there'd be a lot of stacked up traffic due to the nature of the project over a six-month period versus three. His opinion was it would be much better to have a shorter duration. This would be much better than the Essex Street detour used. Councilor Gratwick moved Staff recommendation, and it was seconded Councilor D’Errico to accept $1500 for this parcel of land. It was been moved and seconded to adjourn the meeting. 4