HomeMy WebLinkAbout2010-04-21 Business and Economic Development Committee Minutes BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE
Wednesday,April 21,2010 5:00 pm
City Council Chambers
MINUTES
Councilors: Chair Weston, Bronson,Gratwick, Nealley and Wheeler
Staff: McKay, Harrington,Wallace
Others: Brian Ames of Ames A/E; Richard Hanson, Mike Henry and Iry Marsters
(partners in Penobscot Plaza Associates Corporation)
CONSENT AGENDA
1. REFERRAL—ORDINANCE 10-138, Amending Schedule X of Chapter 291, Article III, Sec. 42 of
the Code of the City of Bangor—Off-Street Parking—Court Street
2. Community Development Residential Rehabilitation Loan—22 South Park Street
3. Community Development Residential Rehabilitation Loan—282 Pearl Street
A motion was made by Councilor Gratwick and seconded by Councilor Bronson. No discussion.
Consent agenda was unanimously passed.
REGULAR AGENDA
4. Penobscot Plaza Reconstruction
Penobscot Plaza Associates Corporation—partners include Iry Marsters, Richard Hanson and
Mike Henry—came before the Committee to present their proposed reconstruction plan for Penobscot
Plaza. They are represented by Brian Ames of Ames A/E who reviewed in detail the proposed
reconstruction project of the Penobscot Plaza and its associated costs. The architectural rendition for
the Penobscot Plaza reflects the style of the former historical railroad station that was once on the
Bangor waterfront. It is proposed to have retail on the first floor with mixed-use residential on the
second floor accessible through a stair tower. There will be 3 phases to the entire reconstruction
project. Phase one will have a build out cost of around $3.8 million with 12-15 condominium units;
Phase two will have a build out cost of around $3.7 million with 8-10 condominium units; Phase three
will have a build out cost of around $3 million for retail portion. The total investment in this project will
be around$10 million. Brian added that with this type of investment on the private side, it is hoped that
the City can provide aid as well in assisting with leveraging up the accumulation of private funding and
investment, and the usage of available TIF monies to do public street areas and public improvements
around the facility. He further asked that the City consider stream front improvements of the
waterfront bulkhead area along with improving the park land between the stream and the railroad to
make that more attractive and available for pedestrian usage; and asked if the City would assist with
railroad accessibility. In closing, Brian stated that they would be open to suggestions and opportunities
that might come forward over the next 2-3 years in Economic Development assistance, recognizing that
this project will probably take at least 3 years to move through the various stages.
Councilor Gratwick inquired as to what the next steps the involved parties foresee. Brian replied
that a project of this size will need some additional investors which they would invite to join them. Also,
the major piece of improvements on how they go forward and invest$10 million is going to be the
waterfront. This could take 2-3 years before they could move forward with the project itself.
Chair Weston stated that the attention to historical detail is commendable, and he's more than
willing to hear more about the project as it moves forward and see how the City can help.
5. ORDINANCE 10-112, Amending Chapter 23, § 23-13—Add Associate Membership to the
Cultural Commission
The City established a Cultural Commission with six members and no associate members. This
Ordinance change will add two associate members to the Cultural Commission.
A motion was made by Councilor Gratwick and seconded by Councilor Nealley to approve this
Ordinance Amendment as presented. So voted.
6. Discussion of Use of FY 2010 CDBG Funds
Rod reviewed a list of proposed Community Development activities for funding from July 1,
2010 through June 30, 2011. The total estimated amount for these activities ($1,632,613) exceeds the
amount expected to be available ($1,365,432) by$267,181. Rod suggested Committee members may
also have additional projects they would like considered for funding. The proposed use of CDBG funds
has to be submitted to HUD by May 15, 2010. Rod further reviewed annual budget comparisons
showing how the City has historically used its annual allocation of Community Development funds.
At this time, Staff is asking for guidance from the Committee about what adjustments in the
proposed project funding amounts they would like and/or what projects should no longer be
considered. Any changes would have to be known and made prior to the May 15 submission date. At
the next BED Committee meeting, staff will be asking for the Committee's recommendation to the City
Council on project funding ($267,000 of adjustments to be made to the proposed project list). Staff
suggests rather to consider the issue of making the upper levels of the Parks& Rec building handicapped
accessible rather than putting funding of$250,000 for an elevator into this year's program to be carried
out from July 1, 2010—June 30, 2011.
Councilor Gratwick inquired as to monies possibly being available to assist with sprinkler
systems in the downtown. Rod replied that in privately owned property you'd need the participation of
the owners. The City does currently does not require sprinklers and there isn't a dedicated program to
assist owners with sprinkler improvements. If a building's tenants qualify as low-to-moderate income,
the owners probably would not, perhaps that would be sufficient to assist the owners through the
Community Development Business Loan Program. We could also pursue government grants. Councilor
Gratwick replied that he brings this subject up to get it on everyone's radar and see what's available in
state and federal grants, as it seems that this is going in the direction of eventually being a requirement.
Councilor Bronson added that there has been discussion happening in various places with some
City staff and Committees regarding such an ordinance on a local level. It has been asked at some of
these meetings whether or not Community Development, or Economic Development, could assist in
finding programs whereby the City puts such an ordinance in place and if there will be some means of
helping owners either through low-interest, no interest or grants.
Councilor Wheeler expressed concern with facades and unattractive signage on several
buildings on Main Street and suggested that there be a pro-active effort on the City's part to approach
the owners of these buildings regarding these issues. He further inquired if CDBG funding could be used
for having one or two motorized replica trolleys which could not only serve as shuttles between the
waterfront and the core downtown area but possibly be used by the Historical Society for tours of the
historic areas of Bangor during the summer and fall months.
Rod replied that the planning aspect could be eligible for Community Development assistance
but do not think we could finance the buses or the operational expenses. Those would have to come
through the DOT, BACTS and Comprehensive Planning Committee. I would suggest speaking with the
City's BAT staff about the possibility of that.
Councilor Palmer suggested furthering discussions on the funding of broadband installation in
the downtown and what funding resources there may be available to assist with the cost.
Councilor Weston reiterated Councilor Palmer's comment and added that there is a workshop
being planned in the coming weeks to continue this discussion.
Councilor Gratwick inquired regarding the possibility of more bulkheads at the waterfront. Rod
replied that the bulkheads that the City of Bangor has done (as well as the ones Brewer has done) have
been largely funded through state and federal programs to stabilize the shores. We would look
primarily to those programs for the funding to do that. The problem behind Penobscot Plaza is that the
City does not own any land along the riverbank there; it may belong to the railroad, so the City would
need permission from the railroad to make improvements.
7. Neighborhood Stabilization Program (NSP)
Kaleena Harrington, Asst. C.D. Director, updated the Committee on the progress of the City's
federally funded Neighborhood Stabilization Program (NSP). The City of Bangor has received $1,084,873
to rehabilitate foreclosed and vacant properties. The intended use of the funds is to mitigate the
adverse impacts on neighborhoods of foreclosures. Kaleena handed out to the Committee a
spreadsheet listing the properties that have been acquired under the NSP in Bangor and reviewed the
properties that have been acquired to date: 111 Parker Street, 27 Cumberland Street,41-43 Second
Street. The property at 41-43 Second Street will be sold to Penquis CAP under Maine State Housing
Authority's 'NSP'. Their program is different from ours in that non-profits and community action
programs can apply under the MSHA program to do multi-unit properties. That program allows for
whatever local Community Action Program (CAP) applies for that funding can have housing vouchers
attached to it which makes the property management for that building much easier for that non-profit.
Properties at 34 Holland Street and 24 Fruit Street have not yet been acquired but are in the process of
being acquired. The NSP regulations stipulate that once a property is acquired, rehabilitated and sold,
the City cannot make a profit on it.
Chair Weston at this time had to leave the meeting; in his absence Councilor Gratwick Chaired
the remainder of the meeting,with Councilor Bronson as an alternate.
III♦
8. Discussion: Community Development Residential Rehabilitation Loan Program—Investor
Owner Property— Eligibility Policy
The Business and Economic Development Committee has previously discussed possible policy
changes for Community Development Residential Property Rehabilitation Loans for investor owned
multifamily properties. Rod reviewed the City's current Community Development multifamily lending
policy along with recommended policy changes. In previous years, Staff has made loans to investor
owners who agreed to rent at least 51%of their units to low and moderate income people provided that
they did not have a rent increase for a period of 4 years after the loan was made,and those loans were
made at a fixed interest rate for a period of up to 20 years. The Committee has suggested that we
should be adjusting the interest rate periodically; the banks typically do that every 5 years. Staff is in
agreement with adopting a policy that would adjust the interest rate periodically and they have
suggested every 5 years. Councilor Stone has suggested that it be done more often than every 5 years.
Also, Committee members have suggested that we should only make loans available to applicants once
so that applicants can't get multiple loans. Rod stated that the objective of this program is to
rehabilitate properties to bring them up to meet City code requirements and make them safe to live in.
In the past,the program has encouraged as many interested applicants to come in and partake of the
program to improve their property and make them available to tenants who meet the low and
moderate income standards. The objective has been to improve properties and stabilize property
values.
Councilor Nealley stated that by requiring that the investor owners of these multi-family units
rent only to low and moderate income persons that it's highly possible that the owners are not getting a
net operating income from the building to be able to put aside funds for potential improvements. It is
highly likely,therefore, that some of these owners will be returning for assistance with repairs. May be
we should review that aspect and continue to allow people to use it that have used it before.
Councilor Nealley then inquired if there are any of the recommended policies by Committee that Rod
would like to see adjusted or delete completely.
Rod replied that the interest rate recommendation that the rate be fixed for the first 5 years
then be adjusted every 5 years at 300 basis points,that is 3%above the Federal Home Loan Bank Boston
rate which is pretty close to what the banks are doing. However,we shouldn't make the program
identical to the banks program because then we don't have anything that makes us different. He also
goes along with Councilor Nealley's concern that we shouldn't control the rents for too long a period of
time but we do want to have some protection for the tenants at the time the loan is made, so I
recommended that this requirement stays the same as it is now. Loan payments amortized over 20
years, unless otherwise approved by the Committee—there are situations where Staff would
recommend less than 20 years, but generally as a lot of property improvements are being made for
larger amounts I think 20 years is a reasonable repayment period - 80% loan to value ratio is pretty
standard - staff recommends that.
Private lenders like to see the owners put in at least 20%cash into a project. We have not required that
as long as the equity is in the property; if the property is worth $100,000 with no existing mortgage and
they need $50,000 to fix it up, we have not asked the owners to put up$15,000 in cash. We've
accepted the equity as their investment. The debt cover ratio of 1.2,that means you need 120%
revenue over your expenses, we would recommend that as a criteria. Councilor Stone had suggested
that the Staff have approval authority over the loans—no other Committee members have suggested
this so I haven't recommended it.
Councilor Nealley made a motion to move Staff recommendations to full City Council. Seconded
by Councilor Bronson. 2 in favor with Councilor Gratwick opposing as he feels it is complicated and
needs more discussion at Committee level before going to the full City Council.
Meeting adjourned.