Loading...
HomeMy WebLinkAbout1997-07-14 97-321 ORDERCOUNCIL ACTION Item No. 9I-321 Date July 14 1997 Item/Subject: Authorizing Agreement Between the City of Bangor and Bangor Hydro -Electric Company -- Central Street Property Responsible Department: Legal Commentary: The Bangor Hydro -Electric Company has regnested a permanent semen from the City of Bangor on the so-called Zoidis lot on Central Street for the purpose of locating and maintaining electrical equipment to serve the downtown Bangor area. This Order would approve that request. �eLl na� b� Department Head Manager's Comments:, _, J 7hC tqgff�np+u {ad }hal Manager ACity manager Associated Information: Budget Approval: Finance Director Legal Approval: Counri l>� %y/tr s/�odly( toip,Z Ar di:r�SSian qn of ✓v}ins (1L / on }hi3 I(iLM/ /nc(uc(in5 Any / cityso ichor fu a.wnd/Yw}5. Introduced For _` Passage First Reading Referral Page 1 of 2 9]-321 Assimn dio CounAor Aube July 14, 1997 CITY OF BANGOR (TALE.) Orbtr, _,Authorizing Agreement Between the C1ty of Bangor and Bangor Hydro -Electric Company -- Central Street Property _--...._--..........- By µe Chey Coin Of Crty ofBanyo .. ORDERED, THAT. the City Manager is hereby authorized, on behalf of the City of Bangor, to grant the Bangor Hydro -Electric Company easementan for the so-called Zoidis Lot on Central Street, Bangor, in form approved by the City Solicitor's office, for the purpose of placing electrical equipment, under terms to be approved by the City Manager. IN CITY COUNCIL July 14, 1997 Motion for Passage made and seconded for the purpose of discussion Councilor Tyler abstained from discussion and vote Members of the Public, Downtown Business Owners and Representatives of Bangor Hydro -Electric Company asked questions and gave comments on this order. Motion to Postpone made and seconded Order: Postponed until the next regularly scheduled meeting of the Bangor City Council with a directive o the staff to finalize an alternative plan for installation of this equipment as presented in city Engineer Jim Ring's Memo to the City Council (dated July 14, 1997) IN CITY COUNCIL July 28, 1997 Passed Councilor Tyler Abstained CLERK 97-321 ORD Clt Title, Authorizing Agreement Between the City of Bangor and Bangor Hydro -Electric Company - Central Street Property ...................................... Assigned to Aube ...•...•................. Counci lawn KNOW ALL MEN BY THESE PRESENTS, That CITY OF BANGOR, a municipal corporation located in the County of Penobscot and State of Maine, being the owner in fee simple of certain lands located in the City of Bangor, County of Penobscot, State of Maine, and described as follows, viz. A certain lot Or parcel Of land situated on the northwesterly side of Central Street in said Bangor, being the same premises conveyed by Effie Zoidis and others to the Grantor herein by their several deeds dated February 8 - June 26, 1989 and recorded in the Penobscot County Registry of Deeds in Book 4515, Page 345 through Page 360; for oration urian paid by BAMGOR HYDRO -ELECTRIC COMPANY, a nine and h organized and a is ting under the laws of the State of Naive and having its principal place of business at Hanger, County of Penobscot, State of Maine, the receipt whereof is hereby and acknowledged, does hereby give, grant and c sig to said Bangor Hydro -Electric Company, its successors and assigns forever, the rights, privileges and easements hereinafter set forth, which are to be exercised upon and with respect to so much of a parcel of land located within the bounds of the aforesaid premises and described as follows: Beginning at the westerly bound of Central Street at the southeasterly corner of .the aforesaid premises and thence running westerly by and along the southerly bound of said premises twelve (12) feet to a point; thence northerly, parallel with the westerly bound of Central Street, ten (lo) feet to a point; thence easterly, parallel with the southerly bound of said premises, twelve (12) feet to the westerly bound of Central Street; thence southerly by and along the westerly bound of said street ten (10) feet to the point of beginning. The rights, privileges and easements hereby conveyed for utility purposes with respect to said parcel are as follows: to enter upon said parcel with men and conveyances and all necessary tools, machinery, equipment and supplies; to excavate, lay, bury, install, construct, maintain, operate, repair, rebuild, and remove underground wires, cables, conduits, ducts, protective and safety devices, foundations, and other apparatus used or useful for the transmission of electricity and intelligence, as the Grantee herein may from time to time desire, beneath the surface of the earth, including the right to place a concrete foundation on the said parcel at and beneath the surface of the earth; the right to transmit electricity and intelligence over, through and by said wires, cables, conduits, ducts, transformers, switching equipment, protective and safety devices, foundations and other apparatus; and the right to keep said parcel cleared by any lawful means of trees, undergrowth and all other obstructions. -2 - Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, the right to place the necessary aboveground padmount switching equipment and electrical devices, with their necessary wires, cables, conduits, ducts, protective and Safety devices, foundations, fixtures and other apparatus, attached thereto used or useful for the transmission of electricity, as the Grantee herein may from time to time desire, on aforementioned parcel; with the right to transmit electricity and intelligence over, through and by said wires, cables, conduits, ducts, fixtures, padmount transformers, and electrical devices. The Grantor for itself, and its successors and assigns, covenants and agrees to and with the Grantee, its successors and signs, that it will not erect or maintain or permit the erection or maintenance of any building or other structure, of any kind or nature, upon said parcel, any or all of which in the reasonable opinion of the Grantee, its successors and assigns, would endanger or substantially interfere with the exercise of any of the rights, privileges and easements hereby conveyed. The Grantee, its successors and assigns, by an ceptance of this easement deed, agrees to place a fence, similar tothe existing fence located on the aforesaid premises, around the perimeter of the easement parcel, and to obtain all necessary approvals for this purpose. Provided further that this easement is granted upon the condition that if the Grantor or its successors or assigns elects to construct a new building on said premises and request the Bangor Hydro -Electric Company, its successors and assigns, to relocate its n facilities o said premises, thenthe said Bangor Hydro -Electric Company, its successors and assigns, will relocate its facilities in conjunction with the construction schedule of the Grantor or its successors and assigns after receipt of such request, provided, however, that said relocation shall be to a location on said Premises that is mutually agreeable to the Grantor and Grantee herein, their successors and assigns, each party hereby being required to act reasonably, and further provided that Bangor Hydro -Electric Company agrees to relocate its facilities only once at the expense of said Bangor Hydro -Electric Company, its successors and assigns. If said relocation shall be inside such new building then the Grantor, for itself or its successors and assigns, shall provide the necessary space to comply with all regulations and to provide proper access for installation and maintenance. This easement is granted upon the condition that, if these facilities are no longer used or useful for the aforementioned purposes, then this easement shall become null and void. Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, the right to establish any and all safety regulations which said Company, in its sole discretion, deems necessary and proper for the transmission Of electricity Or intelligence, and for the construction and maintenance of said wires, cables, conduits, ducts, switching equipment, protective and -3 - safety devices, foundations, and other apparatus used or useful for the transmission of electricity; any interference or violation by said Grantor, its successors and assigns, as determined by the Grantee, of said safety regulations, shall constitute an interference with an violation of the rights privileges and easements hereby granted. Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, the power to assign to others, in whole or in part, any or all of the rights, privileges, and easements herein set forth. TO HAVE AND TO HOLD the said rights, privileges and easements to said Bangor Hydro -Electric Company, its successors and assigns, forever. IN WITNESS WHEREOF, the said City of Bangor has caused this instrument to be executed by its duly authorized representative this 90th day of ]..iv , 1997. CITY OF BANGOR County of Penobscot. as. July 29 , 1997 Personally appeared the above-named Edward A. Barrett and acknowledged the foregoing Instrument to be his free act and deed and the free act and deed of said municipality. Before me, 0 Notary Public Printed Name: IEgBILCBBEY ' ;3Uiggy PUBLIC, MINE 3108 EXPIRES CECEMBER a AIN Deed approved as to form per Bangor City Council 1x97[ 97-321 passed February 28, 1999 Er Stumpfel IV City Solicitor City of Bangor BangarHy& ELECTRIC :, CONIARY Rodney McKay Community Development Director City of Bangor 73 Harlow Street Bangor, Maine 04401 Re: Central Street Vacant Lot Dear Rod June 10, 1997 9I-331 Ul� As I'm sure you Imow, Bangor Hydro met with Stan Moses and John Roman yesterday, June 9, 199'1 with regard to the Central Street lot. Asa result ofthe 6i rasion, we agreed Nat it maybe in the best interest of Bangor Hydro and the City ofl angor Nat the City convey easement rights only to Bangor Hydro rather than fee ownership of the lot. Stam suggested that I resubmit a proposal based on an easement rather than lee. Bangor Hydro's interest in this property remains the result of our desire to improve and upgrade our old underground system in that part of downtown Bangor This project will help us complete our long term goal of improving our system on the east side of Bangor. This property provides a goad locatron to place our equipment above ground while upgrading our system. Placing this equipment above ground will make the system more reliable, allow for quicker restoration in the event ofan outage, be easlerto maintain and provide a safer work environment for our crews. Bangor Hydro would agree as pan of the easement acquisition on this lot that we would place a fence approximately half way back on be lot to screen our equipment and that we would landscape the open area in the front part of the lot The portion of the lot Gom the fence and beck would be occupied by Bangor Hydro's equipment The type of fence and landscaping would be mutually agreed m. The Citv has indicated that it would be responsible for the future maintenance of the fence and landscaping. Dar easement nghh could co -exist with the necessary access rights to the adjoining property mvners for the maintenance of fire exterior of their buildings. t 9]-321 / b Bangor Hydro would used a ten foot strip from the street to the fence for access and installation of underground conduit. This strip would flare out to fifteen feet at the access point in the fen" N provide space for maneuvering vehicles. We would also need access on a temporary basis to the entire lot for the initial installation. I have enclosed herewith a Bangor Hydro CAD print. The only purpose of this print is to show Bangor Hydra's proposal for use and occupation of the lot John Roman bas agreed to Provide concept drawings of the pmject to show what the lot could look like with the equipment, fence and landscaping installed. As consideration for the easement Bangor Hydro agrees to pay the sum of $10,000.00 to the City of Bangor. I look forward to hearing from you in regard to this offer. If you have any comments or concerns please contact me at 9]3-25]8. Thank you for your time and consideration. ��erely, L W. Peter Libhar[, Sr. cc. Ston Moses Bob Kreitzer N\ 0 97-321 June 30, 1997 SUBJECT: Why there is strong opposition to the permanent development of the Zoidis Lot on Central St. by Bangor Hydro I will be presenting a signed petition showing Nat virtually every business on Central St. is opposed to a utility use of the Zoidis lot on Central St. This action would preclude future development of this central and historically retail parcel. Future possibilities might be the use by a restaurant for alfresco seating or the construction of another building which could utilize the remaining sidewalls and cellar, creating an uninterrupted retail avenue in Bangor's very center. The abutting building is listed in the Maine Register of Historic Places. This prime location is a bad choice for transformers. For a modest one-time lease payment the city would forfeit (1) a very pleasant alcove park, (2) any ability to have it become a retail space and (3) any tax revenues deriving from such use.. About a decade ago Bangor spent a large sum of money for a study of the downtown district. This was a comprehensive plan put forth in a book by Lane, Frenchman and Associates of Boston lauding the historic and noteworthy architectural qualities of Bangor's Historic District. This particular parcel is mentioned. It was advised that a building is the best use of this lot. I recently called Portland City Hall and talked with Liz Darling, in charge of downtown development; Mike Collins, the electrical inspector; and Deb Andrews, senior planner and historic preservation program coordinator. They have no knowledge of any attempt by their electric utility to bring equipment above ground in their downtown. In fact, they are currently getting any remaining above -ground equipment put underground. They have a strict preservation and review ordinance which is probably why their Old Port Area has been such a success. It seems the fiend for most downtown communities is to keep the electric equipment underground and out of site, especially in Historic Districts. Downtown Bangor is an Historic District. Other utility companies manage this activity continually. The careful and visually congruous use of Historic District parcels demand this type of sub level location. Most utilities in downtowns across the nation deal with subterranean locations. Bangor Hydra was encouraged to look for anther location for these boxes at a recent meeting. An alternative is to update their equipment and keep it underground as 99% of all other downtowns require, historic or not. I hope this information will be helpful in making these crucial decisions for Bangor's Historic Downtown, Sincerely, Patricia J. Alcott d.b.a. Alton Antiques 9J-331 CENTRAL STREET MEETING Monday, June 16,1997 @5:30 PM Council Chambers, City Hall 1INNUTU C,dyGlty S_taff�m: , Rod McKay, Director of Community & Economic Development Stan Moses, Asst. C.D. Director Dan Wellington, Code Enforcement Officer Rosalyn Phillips, Secretary, C.D. Dept. Fred Ventrcsco, C.D. Dept- Ot Present Peter Lipham Bangor Hydro - Right -of -Way Agent Jeff Fenn, Bangor Hydro - Engineer Bob Kreitzer, Bangor Hydro - Engineer John Rohman, W6RC Architects/Engineers Various Business Owners from the Comm[ Sweet mea Roxanne Saucier, Bangor Daily News Catherine Tway, Bangor Daily News The meeting was called to order at 5.32 PM by Stan Moses, Asst. Community Development Director. He briefly explained the backgmand offm Central Street Zoidis Lot since the Cin has purchased some 10 years ago; in that time no one has come forward with a proposal to develop the lot Some months ago, the ON was approached by peter Liphart of the Bangor Hydro Electric Company with the proposal that the Hydro be allowed to place an above ground transformer on this lot in order to bring the electrical distribution system up to meet the demand for this area. The question before the City is what is the continued and Poturc use of this parcel with respect to development and use in lieu of the hydro putting their transformer equipment on the lot. The purpose of this meting is to allow the Bangor Hvdm to present their needs for the use of this lot and how it benefits the area as well as to hear the concerns and interests of the surrounding business owners in this proposal and the use of Nis lot. Stan then introduced the representatives from the Bangor Hydm Electric Company as follows Peter Liphan, Right -0f --Way Agent; Jeff Few, Engineer and Bob Kreitzer, Engineer. Peter Liphan briefiy explained the type of equipment to be placed on the lot. Bob Kreitzer then proceeded to explain in detail the specifics of this equipment and its proposed location on the Zoidis Lot. He also showed on a diagram the Hydra's systems in the downtown explaining their function throughout the business district He went on to explain the problems that arc,az ciated with their equipment when it is underground. By getting this equipment above ground it cuts down on service time and assures a safer work enviromnent for the Hydra's crews. Qued1has from thecentral SBorsiassaa QV:nqOrz/0wnprx Comad LaRiviere - Partner of Patricia Alcott, Alcott Antiques, 30 Central Street -- asked what the physical size of the units are, where would they be located on the Zoidis lot and how much noise would they make. Are there any around town that we could look at. Jeff From- Bangor Hydro -- The trarefrrmers will occupy the rear half of the lot but will take up less space then that Jeff further replied that they (the transformers) are desismed to make verylittlenolse. The dimensions are approximately as follows: Switch -93"L x49"H x45" in Depth; Tmnsfotmer- varies by rranufactmer- avemee is appmximately 33"H x 4' Sq. Bob Kreitzer - Bangor Hydro — Explained that some similar units are already located in the downtown. The proposed one on the Zoidis Lot would be placed at the very rear; the noise is minimal - there have never been any complaints from businesses or the public. Conrad - Do you have any in the downtown exactly like your going to use on the Zoidis Lot? Is there any wiring that shows; do they all look like boxes? Jeff Fenn -- Nothing exactly like the proposed one in town with 2 busses and 2 switches but there are many similar ones located at other sites around the downtown but no above ground switches at this fine. No wiring is exposed. Bill Lippincott - Lippincott's Books,- 36 Central Street -- Asked how these transformers would compare to a substation with respect to voltage; asked if any other equipment would have to be added to the lot in the future and if it would be necessary far the hydro to park vehicles on the lot. Jeff Tom -- Generally speaking, substations have a great deal of equipment exposed. They can start at 46,000 volts and can go up but often they start at 46,000 and then go down to 12,000 volts. He further stated that this proposal is not a substation. There is no additional equipment planned at this time for this lot - the lot would not accommodate it. As far as vehicles entering onto the lot, the only time a hydro vehicle will hare to access the lot will be when servicing is necessitated. Marlyn Ireland - Fine Hair, 22 Central Street-- 1) asked what is the size of the cable to be used; 2) what are the earthquake stability requirements for the lot; 3) what type of equipment is to be used dunng construction; noise levels and dirt and dust; and 4) how many parking spaces will be lost on the street? 5) how lone will the construction take? 9]-321 lb Jeff Fenn — Responded with the measurementsnf the cable - there will be 3 circuits - 3 mine in and coming out -there will be 9 cables in all --they're in conduit which is encased in concrete as a menet of standard practice. Jeff stated that he did not know what the earthquake stability standards were; this would have to be done through a professional engineer who specializes in this type of work. He also stated that the construction equipment to be used would be of the standard type like backhoes. The Hydro will comply with any requirements required to assure a minimum of dirt and noise during construction. The length of construction will be approximately 3-4 weeks. There will be 2 parking spaces lost during the construction period. Bob lCmitrer - Further stated that the work will be similar to any typical construction work in the area with respect to noise and din. - Marilyn Ireland — Inquired regarding what the EMF (electro magnetic field) risk is associated with the transformer. Peter Liphan --Responded that according to government studies it has not been proven that there is any risk to the health of the public. The Hydro can take the measurements of the EMF on the transformer and compete it with that in her beauty shop to show that there is no increased difference. Marilyn --Inquired if the fence is for safety purposes due to the transformer. Peter — No; Ne fence is only at the request of the City as a buffer to keep the public away from the transformer. The fence is not a requirement of the Hydro. Linda Ryder — Cadillac Mountain Sports, Grants Bldg., Central Street, Bangor -- expressed concern with obstruction oftraffic during construction phase; what is the schedule for start and finish of the project; any other possible sites for the transformer available: and will the front of Ne lot be restored. Jeff— It is scheduled to begin perhaps in September and will last 3-4 weeks. Locations are limited -Nis is the most feasible location in order to update this area of the downtown. Yes. the front of the lot will be restored - Jahn Rolunan of WBRC has prepared some ideas which he will discuss. Stan Moses then read questions from Patricia Alcott of Alcott Antiques, 30 Central Street, who was not able to attend this evening's meeting due to a conflict in her schedule. Many of her questions had already been asked by the other business owners. The following are the remaining questions which Stan asked on Patricia's behalf. 1) how often are outages a problem; 2) have there ever been problems with Hydro crews being injured in the maNroles; 3) have other possible locations been considered; 4) are there any other installations exactly like one proposed one in the downtown area; and 5) why give up this park with its beautiful plantings. 9]-321 The Hydro representatives answered as follows: 1) approximately one outage every 2 years - the Hydro crews have maintained the equipment well. The equipment to be replaced is old equipment The Hydro's intent is to replace equipment before it fails; cables last an average of 20-25 years or greater; transformers start at 25 years and go up; 2) have had men injured in the madsoles but thankfully none fatality due to quick response by fellow crew members; 3) the Zoidis Lot makes this project financially feasible for the Hydra; 4) none exactly with the 2 switches and 2 busses but there are many others throughout the downtown area very similar; 5) it's not the Hydm's wish to destroy any plant life -- perhaps they can either be worked into the proposed landscape scheme or relocated if so desired. Jahn Palawan - WBRC AtchitectsrEn¢ineers, 44 Central Street -- presented a visual concept of the proposed lot after the equipment is installed. The depth of the lot is 65 feet with the Hydra's equipment occupying 25 feet at the very rear. A fence is proposed in order protett the equipment from the public -- this area will be able to be entered into only by the hydro crews when they need to service thew equipment. Trees with plantings underneath are part of the park concept; brick pavers will be used and apark bench is Alarmed for the area as well. Also proposed are design graphics on the wallsides of the abutting buildings if those owners or desire. The concept is open to change; it is the hope of the City and the hydro to make this as; visually pleasing an area as possible. Cheryl Wixson -- 91 W. Broadway, Bangor -- spoke giving some historical background on the original building on this lot owned by the Zoidis family. She also described the plant life and its angina and importance to this Park area. Bill Lippincott -- Will the Hydro be paying rent to the City for the easement? Peter Liphart -- Yes - a one-time payment. Stan Moses -- explained the required process of this item through the Citv's Community At Economic Development Committee and then it will go on to the City Council. The public is invited to attend these meetings. The Commodity @ Economic Development Committee meeting where this will be taken up next is scheduled for Wednesday, July 9 at 5:00 PM, 3rd Floor conference room, City Hall. Marilyn Ireland -- asked again regarding earthquake stability on this lot: she would like some assurance on this subject since the lot is debris filled and she feels it is not stable for aav, type of construction. Hydro representatives stated that the transformer will not be totally on the surface of the lot; there will be a concrete pad under it and this will require digging to install at which time the stability of the ground can be determined. w 9]-321 Dan Wellington, Code Enforcement Officer, City of Bangor -- The Hydra's project will have to go before the Planning Board to get site plan approval as it is not a permitted use but a traditional use. At that time the issue of stability will be addressed. The City has not experienced any high level of inconvenience to businesses in the downtown during am' construction project. Have never had a project that surpassed the OSHA requirements for hearing protection except what the workers on site contend with such as those using jackhammers, Michael Zack, 2106 Essex Street, Bangor-- Inquired if the Hydro could possibly do what they need to do and keep it undergrade which would allow the park to stay as it is. Would above ground be an improvement over what thus is now. Jeff-- We're trying to get away from having this underground in order to cut down on response time. No. Cheryl Wixson-- Is the Zoidis Lot the only location where it is financiahy feasible for the location ofthis transformer. What about locating it at the back of the police station as Patricia Alcon had suggested. Jeff Tam --The Zoidis Lot is the beat location for the intended purpose of this project. Stan thanked all those who attended. Copies of these Minutes will be forwarded to those wito so requested, The meeting was adjourned at 650 PM. tt.