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HomeMy WebLinkAbout2013-04-16 Business and Economic Development Committee Minutes BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE Tuesday, April 16, 2013 5:15 PM City Council Chambers MINUTES Councilors Present: Chair Sprague, Gallant, Nealley, Blanchette, Civiello, Durgin and Longo City Staff Present: Conlow, Gould, Vanadestine, Willette, Witham and Heitmann Chair Sprague called the meeting to order at 5:15 p.m. 1. REFERRAL- ORDINANCE, Removing Chapter 180, Mechanical Code, from the Code of the City of Bangor. City Manager Conlow explained that the State of Maine has adopted a new Uniform Building and Energy Code that includes mechanical code provisions which supersede the City’s Mechanical Code. This housekeeping amendment would remove Chapter 180, Mechanical Code from the Code of the City of Bangor as it is no longer needed. Councilor Durgin moved Staff recommendation of this Ordinance – Removing Chapter 180, Mechanical Code from the Code of the City of Bangor. Councilor Blanchette seconded the motion. All in favor, motion carried. 2. Comprehensive Plan Review Planning Officer Dave Gould explained the process of the Comprehensive Plan Update. After finishing the 2005 update, it was thought that a different approach might be taken in the update process. In 2008 the “Special Committee on Comprehensive Planning” was created. Invitations were extended to people in various fields including the education industry, banking, real estate, etc. to come together as a group and go through key issues relative to the Comprehensive Plan. A very specific policy plan was developed which was very different from what the State asked for in terms of a huge composite of policy driven facts and figures. The State Planning Office did not feel that this new policy document would be acceptable to them as a Comprehensive Plan but that it would need to be folded into the old standard methodology. That policy plan was folded into the Comprehensive Plan 2005. In 2010 the City Council adopted that plan and then subsequently it was sent to the State for certification under the Growth Management Act. The State Planning Office came back with items they thought were not current and did not meet some of the latest standards that they had to deal with. Staff updated that plan and sent it back to the State as the Comprehensive Plan 2012. The State deemed it consistent with the 2 Growth Management Act in the fall of 2012. The new Comprehensive Plan 2012 was subsequently approved by the Planning Board. Mr. Gould indicated that the Plan also needs to be adopted by the City Council. Councilor Longo noted that there were already things within the document that are out-of-date. He indicated that if the City Council passes this so that the City can be in State compliance work can start on the next version. He urged that it be recommended to the full Council for approval. Chair Sprague asked what the process is to make changes to the plan. Mr. Gould indicated that whenever a major amendment to the Plan is made it needs to be sent back to the State for review followed by another public hearing before the Planning Board, and approval from the City Council. Councilor Gallant asked for an outline of the benefits of implementing an outdated plan. Gould indicated that not all of the pieces are outdated. Some places are dynamic and will not stop evolving. There is always going to be elements that are outdated because the City is evolving. Conlow added that the Comprehensive Plan is a dynamic document Councilor Durgin moved staff recommendation that this be forwarded onto the full Council for adoption. Councilor Nealley seconded the motion. The motion carried, all in favor. 3. Continued Discussion of Pickering Square st Peter Arno, Interim Police Chief indicated that on March 1 a permanent walking patrol officer was assigned to the downtown in response to overwhelming concern from people in the downtown about youth that gathers in open spaces. This is in addition to the 24/7 coverage that the downtown receives from an officer and a cruiser. Since that time 21 individuals have been charged with criminal trespass. Others have been charged with public drinking, bail violations, theft, etc. This in effect bans them for one year from the downtown area. Arno indicated that the Police Department is funding the position almost entirely out of their budget. They are taking a zero tolerance approach to anything that they can enforce. Arno indicated that they continue to remain open to suggestions and are encouraging the downtown people to give them a call if they see areas that they need to concentrate on. Arno indicated that there has been particular concern about a substance known as spice. It’s a synthetic substance and the physiological effects are not all that different from bath salts. There are some forms that are illegal and there are more that are legal. There are a few businesses that are selling the legal form of spice. Earlier today they had a conversation with Chris Ruhlin over the sale of the drug and expressed their concerns and the downtown neighbors’ concerns. Mr. 3 Ruhlin has voluntarily taken spice off of his shelves and he indicated that he will talk to others and encourage them to follow his lead. Chris Ruhlin discussed “spice” and its users and his decision to discontinue selling it. He also indicated the significant loss his business will see and that it could be as much as three jobs being lost. Chair Sprague asked City Solicitor Heitmann to comment on the legal issues involved with Pickering Square and its users. City Solicitor Heitmann indicated that there have been two major behavioral issues identified. The first is loitering. The City has a loitering ordinance. Loitering is standing or sitting in one place or hanging out in one place. That is not a violation. What is a violation while hanging out is to interfere or obstruct pedestrian or vehicular traffic. The other issue is that of solicitation. Panhandling is asking for money, but there are other things that people stand on the sidewalk and ask of people. They ask for signatures, the time of day, conversations, etc. It is not limited to downtown. Panhandling, which is asking for money, is protected by the first amendment of the U.S. Constitution. Heitmann indicated that aggressive solicitation can be regulated by ordinance. We can have an ordinance that says if your behavior is not letting you pass, or is grabbing you, etc. we can regulate that and prohibit it. Ordinances are not crimes so someone is not going to be able to be arrested and immediately removed from the street if they violate an ordinance. They would be ticketed, would have to go to court and pay a fine. City Manager Conlow indicated that in Staff discussions, one recommendation was to sit down with the abutting property owners to the pocket park and talked about removing the park status to something else that would allow further control from the neighborhood as opposed to falling under our Ordinances for parks. Councilor Durgin felt that the public should be educated that loitering is not a misdemeanor or crime. While these types of activities are offensive to people who are in the downtown they are not a violation of law. Councilor Civiello asked if it would be helpful to adjust the patrol times to possibly include Saturday nights. Arno indicated that because the downtown foot patrol has only been instituted for a month it would be too soon to get a fair assessment on how effective it has been. Councilor Gallant recently observed youth that were doing nothing but causing trouble. If there is a place that could be created that was better than Pickering Sq. or the pocket park maybe they would want to be there instead. He felt that if it could be determined why they are loitering in Pickering Square or the pocket park then maybe we could handle the issue of getting them to be somewhere 4 else. He also made a suggestion to put Pickering Square and the pocket park out to RFP for private business use. Councilor Nealley felt that a walking patrolman at times disburses some of these groups and certainly makes downtown visitors and customers feel more safe. He indicated that he did not feel that the situation was so out of hand that the situation could not be reduced. George Kinghorn, President of the Downtown Bangor partnership indicated that they pay up to $10,000 out of their budget to fund the foot patrol. This disruptive behavior is impacting businesses downtown and their efforts to bring in tourists to the region, as well. He felt that there must be some type of mechanism to provide the police with ammunition to move these people along. He indicated that he liked the idea of reclassifying the pocket park and suggested that it be something similar to the way the vacant lot next to the Central Street farmhouse was done. Gene Beck, owner of Nocturnum Draft House which abuts the pocket park indicated that this is impacting him directly. His customers and employees are greeted by these undesirables doing undesirable things. However, since March st 1 the foot patrol has had a big effect down there. As long as they keep continuing this, he feels that this will have positive results. He also suggested a neighborhood watch. Councilor Nealley indicate that he would rather head this off and make the investment now on behalf of the City. If not addressed, it could affect property values and revenue streams for businesses. He said that they may have to consider this at budget time when we look at whether one foot person is enough for downtown. Councilor Durgin suggested looking at privatizing events that draw people into the downtown. Having a patrol man on the beat is probably the best thing that they have done. He also said that the City needs to get the message out there that social behavior that is breaking the law will not be tolerated. Councilor Longo noted that the bus study is coming and he did not believe that the bus station should be where it is. The redesign of Pickering Square could be accelerated. Presently, there are people sleeping in the gravel area by the Parking Garage. He asked if “pro-Bangor” banners could be used to enclose that area so that there isn’t an overhang there for people to sleep under when it rains or it could be put out for use under an RFP. Gail Hipsky and her husband Marty own the old Standard Shoe building which abuts up to the pocket park. They have renovated the building into 13 high-end apartments and three commercial spaces downstairs. The last couple of years they feel this has gotten out of hand in the downtown because of the aggressive 5 panhandling, loitering, trash throwing, swearing, screaming, littering and damage to plants. She said that this is a safety issue for their tenants. When there are activities in the downtown like the cool sounds these people don’t seem to want to hang around. She said that they want to be in control of their City and want people to use the park and the bus and feel safe about it. She noted that senior citizens are parking in the garage at Hollywood slots and then carpooling to the senior center because they are afraid to use the parking garage. Chair Sprague asked the City manager to work with Staff and the parties involved and look into options and bring it back to a BED meeting in May. City Manager Conlow indicated that the Parks and Recreation and Economic Development staff will sit down with the property owners that abut the pocket park to discuss the different access points, how to get events to that area, and the possibility of putting in surveillance cameras to monitor the area 24 hours a day. Councilor Gallant was in favor of looking at both Pickering Square and the pocket park simultaneously. Conlow noted the redesigns for Pickering Square and asked if the Committee wanted Staff to move forward with them or look into privatizing it. She suggested that the pocket park be considered first. Staff will come back and talk about options for Pickering Square. Conlow indicated that Stafff will meet with the residents and the property owners in that vicinity to determine the best way to dispose of that. Councilor Blanchette indicated that she would like to know what the legal residences are for those people being summonsed. Conlow asked if they were interested into looking at installing cameras at Pickering Square. Chair Sprague felt that it could act as a deterrent even if we don’t have someone to man them all the time Councilor Longo noted that Houlton has a downtown live camera and anyone can watch it on the internet. It could be put on the web and volunteers could watch. Conlow indicated that the City would maintain the cameras that would play in the Police Department. We would have the ability to go back and take a look if something happened. She indicated that Staff will come up with a cost estimate. Chair Sprague summarized that the Police Department will look at the number of summons in the next 30 days and if the business owners and neighbors could keep track of the situation and keep the City Council up to date it would be helpful. 6 Conlow indicated that regarding “spice” the Police Department will be talking to other shops of a similar nature and City Staff will come back with options for zoning these types of shops. Councilor Civiello asked if police patrol times would be looked at. Conlow indicated that the Police Department is going to continue to monitor the situation. Chair Sprague indicated that this item would come back before the Committee the second meeting in May. 4. Gateway & Pedestrian Signage and Kiosks Jason Bird, Business Development Officer and Downtown Coordinator explained that Staff was looking for a recommendation on the Gateway and Pedestrian Signage and Kiosks in order for it to go out to RFP. The Committee will see this again two different times. Once, to review the RFP’s, and once again to review and finalize them. Bird went over the sample distributed to the Committee. Councilor Durgin noted that Bangor Historical Society Museum was not included. Bird explained that it may not be one of the four locations that were originally proposed but it will be considered in the future if it warrants it as the Museum is an asset and it is a tourist destination. Councilor Longo noted that the Discovery Museum font is hard to read. Bird indicated that they plan to incorporate into the RFP the ability to do three revisions. At that time Staff will review with the group fonts, font size, colors, etc. Councilor Gallant felt that the Bangor Historical Museum should be added to any signage. Bird indicated that they are recognized as a value to the City. Now there are funds for four locations and as the resources become available they will certainly be considered. Councilor Nealley moved Staff recommendation to send this out for an RFP. He noted that funding to implement the signage programs will be through a combination of TIF and CDBG monies and that no property tax revenue will be expended for the implementation of this project. Councilor Durgin seconded the motion. All were in favor and the motion carried. Meeting adjourned at 6:45 p.m.