HomeMy WebLinkAbout1988-03-28 88-171 ORDERCOUNCIL ACTION 88-171
Item/Subjects Authorizing Execution of Option Agreement with Eaton,
Peabody, Bradford and Veague, P.A. - Parcel B-13
Responbile Department: Planning and Community Development
Last September, Eaton, Peabody, Bradford s Veague, P.A.,
submitted a preliminary development proposal for a former 60.,000 sq.
ft. Urban Renewal parcel designated as Parcel B-13. Parcel B-13 is
located on Exchange Street adjacent to Henduskeag Plaza, Merrill
Center, and Washington Street. The firm at that time proposed a 3-
phase commercial development. The initial phase would consist of
two separate 40,000 sq. ft. 4 -story office buildings located at
opposite ends of the Exchange Street side of the parcel. One of the
buildings would have been occupied by the law firm as developer
/ owner and the other by a bank. The second phase, to take place at
an unspecified future date, would involve a 30,000 sq. ft,
connection of the two buildings along Exchange Street and the third
phase would extend the initial buildings back to the Henduskeag
Plaza adding approximately 15,000 sq. ft. to each original building.
Based on the law firm's proposal, the City Council designated
Eaton, Peabody, Bradford s Veague, P.A. as tentative developers of
Parcel 8-13 by passage of Council Order 87-381 (extended by Council
Orders 88-75 and 88-117) which expires March 31, 1988.
(See attached pages
Manager's Coamentsn: 9Up1 DIe I1 p
'W Wl:c. �NxaO e
Ca[y Manager t
Associated inEormation:�
Finance Director
Legal Approval: okC
City Solicitor
Item No.
Page of
88-171 $9-17/
AMENDED COPY /9 M�,Pdd
Introduced by Councilor C,_ r
CITY OF BANGOR
(TITLE.) V11ri1Er Eked^ xeatatme. Developer statas for Urban Reaewal __..
By City CounaU of City of Bangor.
ORDERED,
THAT the tentative developer status granted Eaton, Peabody,
Bradford and Veague, P.A. for Urban Renewal Parcel B-13 is hereby
extended to April 26, 1988.
Introduced by Councilor Shubert, March 28, 1988
:..r CITY OF BANGOR
(TITLE.) (OrberAuth r ing exe ution of _Option Agreement with
__Ea 9op�, Peabodyr_ a ad €qsd„a,nd Vea gue� P.A. Parcel B-13
BY W City CauncU otw aty dBanuer.
OEDEEED,
THAT the City Manager is hereby authorized and directed, o
behalf of the City of Bangor, to execute an Option Agreement, a
copy of which is n file in the Office of the City Clerk, with
Eaton, Peabody,Bradford and Veague, P.A. for the purchase and
redevelopment of former Urban Renewal Parcel B-13.
In City Council March 28X88
mended by substiution
and Passed
City C1¢tk
80 RI
PER
Title,
Extending Tentative Developer
...............................
Statue for Urban Renewal Parcel B-13
......................................
Introduce and H
. n . .
Councilman
8B HM24 P476
CUH F
Cliy CIER, H
The City staff and principles of Eaton, Peabody, Bradford 6
VOague, P.A. have been negotiating the terms of an option to pur-
chase the 60,000 sq. ft. parcel. The original proposal has changed
n that a bank will no longer be a major tenant of a separate 40,000
sq. ft. building and the construction of this second 40,000 sq, ft.
building is no longer proposed in the initial phase of the project.
The developer is now proposing to construct, own and occupy the
majority of the space in a 60,000 sq. Et. office building to be
constructed in the first phase of the long-range plan that still
envisions the original potential of 140,000 sq. ft. The proposed
60000 sq. Et. 4 -story building would be located on the Merrill
Center end of the parcel.
A major concern of the law fl rm in going ahead with the
project has been thee ailability of parking. In addition to the
proposed 60,000 sq. ft. office building, the site will accommodate
from 85 to 1D0 surface parking spaces. City ordinances presently
require a parking space for each 300 sq. ft. of office space or
total of 200 parking spaces to support the proposed 60,000 sq. ft.
building. The Planning Board has the authority to waive this pro-
vision in the Ordinance in the downtown Commercial 4 Zone and has
routinely done so in the past to accommodate new development which
could not provide its o -site parking. However, the developer
is concerned with the availability of parking as well a meeting
Ordinance requirements, even though they may be waived,
The initial request of the developer was for the City to
apply for an Urban Development Action Grant which would be used to
deck over the existing City -owned parking lot adjacent to the Key
Bank building on Exchange Street thereby creating an additional 100
parking spaces in the a A subsequent request of the developer
s for the City to sell the existing parking area in the Kenduskeag
Plaza between the development site and Kenduskeag Stream which
involves approximately 83 surface parking spaces.
The staff's position has been that adequate parking will be
made available to support the development in the 500 space parking
deck the City will construct. Although the parking structure would
be located across Kenduskeag Stream from the proposed development,
it would be connected by the overhead pedestrian walkway which the
City has informally indicated a willingness to cover. The
availability of the spaces in the parking garage has not satisfied
the developer. We have attempted, but haven't been totally
successful, to convince the Developer that the spaces located in the
proposed parking garage would be as convenient as spaces located
across Exchange Street in the lot adjacent to Key Bank.
The staff and developer have been attempting to structure an
Urban Development Action Grant application based on the developer's
proposed $6 plus million development. One scenario involves the
City applying to the U.S. Department of Housing and Urban
Development for an Urban Development Action Grant which the City
would lend to the developer to finance the developer's purchase of
the off-site parking spaces from the City which are located i
Kenduskeag Plaza adjacent to the alto. The City would use the
payment of the Urban Development Action Grant loan to finance the
replacement of the spaces sold to the Developer. Another potential
use of UDAG loan repayments would be to finance the covering of the
overhead pedestrian walkway. Since the City owns the parking, it
may be difficult to convince the Department of Housing and Urban
Development that it is absolutely necessary that the City be
reimbursed for selling parking spacesto a developer that maintains
it will not develop unless it receives those parking spaces. The
initial reaction from HUD has been that since the City owns the
spaces, it can make its own deal without the need for Urban
Development Action Grant funds if it truly wants the development to
occur.
After reviewing the Developer's proposed schedule (see
attached March 18th letter) it is apparent that the City will have
at least three more opportunities (July 188, Nov. '89, March '88),
if not more, to apply for a UDAG to assist this project. The
project has not yet developed sufficient information and financial
commitments to meet UDAG submission requirements. The Developer and
staff have agreed to continue working on a UDAG application, but to
not submit one prior to the next deadline of July 31, 1988.
Aside from the Urban Development Action Grant application, it
has also been the staff's position that the City should not convey
to the developer the additional 83 parking spaces in the plaza. Due
to the axisting shortage of parking spaces, which will particularly
continue to exist on the east side of the Kenduskeag Stream after
the parking structure is built on the west side of the stream, w
feel it will be very difficult to remove those 83 spaces from the
public parking supply and convey them for the exclusive use of a
private developer. We have not sold any other developer off-site
parking spaces. we have indicated that when, and if, development on
the site increased to a level of 120,000 sq. ft. we would recommend
transfer of the 83 plaza spaces and would recommend such terms i
the option agreement. (We have leased The Schoolhouse project, a
60 -unit downtown residential reuse of a former high school building,
30 off-site parking spaces in a situation involving an Urban
Development Action Grant whereby the City received UDAG funds to
rebuild and expand the axisting Abbott Square parking lot to create
the additional 30 leased to the developer.)
The City could consider several alternative approaches in
providing the requested assistance:
1. Waiver that portion of the Ordinance required
parking which cannot be accommodated on the
development site. This alternative, often
thermsed by the Planning Board in the past, i
ost economical in the short-term. However,
n the long -teen it would add to the o rall
e
parking deficit which already is n sitating the
construction of expensive structured parking.
Neither would this alternative serve the actual
parking needs of the tenants of the new
development.
2. Construct a single parking deck over the existing
surface lot between Hancock Street and Key Bank as
initially requested by the developer. This
alternative has considerable opportunity costs
because it would compete with the primary parking
structure on the west side of the stream and it
would initially increase the cost of future
development of a multi-level parking structure on
this site.
3. Lease the developer parking spaces in the 500 -
space parking structure to be c nstructed on the
west side of the stream. This is the best
alternative from the City's prospective as it
provides an additional built-in demand for spaces
n the already committed parking structure and
does not reduce the inventory of public surface
parking. This approach apparently will not
satisfy the Developer.
4. Sell (or lease) the developer the 83 spaces in
Kenduskeag Plaza located adjacent to the
development site. Should the Council agree to
such a sale, it should recognize the cost of
replacing these spaces.
At the time of this memo the Community Development staff has
not been able to work out a agreement acceptable to both parties.
It is recommended that the various
options be considered by the
Council Community Development Committee (a meeting is scheduled for
4 PM on Monday, March 28th) prior to the City Council taking
action. If an agreement cannot be reached at the Community
Development Committee meeting, or if the Option Agreement needs more
refinement, it is recommended that the tentative developer status
granted to the Developer be extended to the first Council meeting in
April (April 11th) during which time it is hoped all issues can be
resolved.
EATON. PEABODY, BJw DFONO OR VEAGGE. I
MERRILY CENTER. I RELEASE STREET 88-171
1 0 Box 1210
CARBON. MAINE "ITT
GAMBIA FEET MARI IN 4 WILK
4207P BE III I I GEORGE I EATON [1092 1 "IT
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ISIEDLE I WAGE, 'FINE 190 1
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THOMAS I JOHNSTON THICARL 0, LINE.
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March 18, 1988 DOVER MACHINE OFFICE
IIIIATIALKI
'IRELAND 10,111L SRI 11.1111,
DOVER III MITI
Mr. Rod McKay
community Development
Director
City of Bangor
City Hall
Bangor, Maine 04401
Dear Rod:
I have reviewed
the Firm's plans regarding the construction
of an office building
on lot B-13 in order to -establish a
construction schedule
as you requested.
Considering our
current lease constraints and other factors
as well as the availability of our architect, the following i
the current tentative
schedule:
Date
Description
9/88 - 1/89
Preliminary design
2/89 - 6/89
Final design
7/89
Project bid
9/89
Contract award
9/89 - 5/90
Foundation construction
6/90 - 9/99
Structural construction
10/90 - 4/91
Mechanical
11/90 - 7/91
Interior finish
6/91 - 9/91
Landscaping, paving and final site work
9/91
project completion
Because our financial
and construction plans are incomplete
and we have net decided upon an ownership structure, w are
unable to extrapolate
a precise lease rate. However, we can
provide some rough figures at our meeting on March 22, 1988.
Very truly yours,
'C��
Stanton L. McCowen
Administrator
SLAM/aaa
DATE RECEIVED-III-�1
- TIME RECEIViD Ki 1 ETC C 0 .