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HomeMy WebLinkAbout1985-05-29 85-205 ORDINANCEj e5-205 Intro Un ed by Ccuncilo Willey, May 29, 1985 CITY OF BANGOR (TITLE.) frbilMnrgr. Amdnding,Chapter XII,. Axticl 12,and_Chapter VI, Article 4 of the Ordinances of the City of Bangor - Street and Bee atdained by the CRY C nmg of the Citg ofBaamr, asfoUame: -THAT the provisions of Chapter XII, Article 12, Section 1, Subsection 1.6, including Subsections 1.6.1 and 1.6.2, be repealed; and be it further ordained THAT the provisions of Chapter XII, Article 12, Section 2, Subsection 2.4 be. repealed; and be it further ordained THAT the provisions of Chapter XII, Article 12, Section 2, Subsection 2.6 be amended as follows: 2.6 Street Lighting. Adequate strer lighting, satisfactory to the City Electrician, shall be provided by the a#ty end-}BB-pereen!-a€-lhe-east-a€-sueh-£nsle}}e!#en wap-be-assessed-age}net-lhe-asbdividex-s£-e s#dentia}-snbd#x#s#en-and-nat-mere-than-SS9 developer. dsridee-a€-en-xnAneExea}_eabd4r4e ren svelaper. and be it further ordained THAT the provisions of Chapter VI,. Article 4,. Section 2, Subsections 2.3 and 2.4 be repealed. Statement of Fact: The purpose of these amendments is to eliminatevthorization for City subsidies for the construction of streets, sewers and other public utility systems. in city council may 29,1985 withdraws //7 city.^� c +S: zz T 85-205 ORDINANCE TITLE,) amending chpt.%II article 12 and chapter of article 4 of the ordinances of longer at and utility subsidies Ins e G )lard e5. Stillwater Gardens P.O. Box 1804 Bangor, Maine 04401 August 3, 1985 Mr. Russell I McKenna City Clerk City of Bangor 73 Harlow Street Bangar, Maine 04401 RE: Stillwater Gardens Transcript Bangor Daily News 7/22/85 Tony DePaul Enclosure Dear Mr. McKenna, Due to a Radiotelephone call Friday 8/2/85 at 6:15 p.m, from a senior barking officer while present with general council, I am making a special request. A meeting with senior bank management has been requested in executive session Monday, August 5, 1985, at 8:15 a.m. This is to be followed Tuesday at 1 p.m. with written documentation of statements made by myself in regard to a formal loan request of $200,000 severally guaranteed by myself, principals, and six investors in the three phase development of Stillwater Gardens. Currently Phase 1 is under construction, with tax assessment under review as final subdivision has been received and duly recorded in Penobscot registry and phases H and Hl are substantially under Primary development. Bank one who arranged and financed land purchase is not involved, but shows concern as bank two imparts bank none's security. Bak two and six investors are substantially concerned. Due to the very sensitive nature of Policy, timing, and commitments: it has been requested by other parties a written city documentation by yourself or staff of the exact transcript of the enclosed article by Tony DePaul of the Bangor Daily News Staff. Especially important are exact transcription of areas highlighted in pink. Stillwater Gardens will pay full costs of this transcript even if extra costs are involved due to timing. Please certify and notarize the correctness of the Transcript. I must emphasize the importance of the timing of this request as a $200,000 commitment is at risk, as my loan request utilized City equity, source and use of funds. This data also triggers 27,500 feet of adjacent C2 development by another corporation of which 1 am a principal. Mr. McKenna, I take this time to personally apologize to you and Stuff for the timing of this request. It is not my way, however circumstances beyond my control are present and a great number of people are involved, which also includes added tax base for the City of Bangor and job creation. Thank you for your help - should problems exist, please call m mediately by Radio Telephone 945-1688. The certified transcript is required by l p.m. Tuesday. Yours Ira w, Jr. president Stillwater Gardens President JAW/CO/SAC The following, is-a,;trahscript of a portion of the Bangor City Council`s. }fay 29; 1985'meeting at which time they discussed Council Ordinance 85-205: City Clerk: 85-205 Ordinance Amending Chapter XII, Article 12 and Chapter VI, Article 6 of the ordinances of the City of Bangor - Street and Utilities Subsidies. Councilor Willey. - Councilor Willey: I move this matter be referred to the Public Works Committee and considered at the next regular.meeting. Councilor Gass: Excuse me, it should be the Finance Committee. You're talking $1,500. . Councilor Willey: As well. Council Chairman: It has been movedthatCouncil Ordinance 85-205 he referred to the Public Works and heard at our_ next' regular scheduled meeting. _ - City Clerk: Sr. Snow, would you like to speak? Carl Snow: Carl Snow, 76 Mmstead Avenue, Bangor, Maine. I have Some concern because of timing and the timing of Councilor Willey's proposal couldn't be worse. It wasgo:igghly ayear and 'a half ago I was before the Council. as Presideet4c; Stillwater Professional Park. At that time the Council votedto put approximately $35,000 of public funds into an equal matchingamount with ourselves for construction of Penjajawoc Plaza which is now Pen Plaza. AS a result of that Council action, in 1984 we constructed a million dollars of taxable buildings. I believe our development has bad some response that enacted a rather large automotive dealers commitment to a growth on Stillwater Avenue. Additionally there has been eight theatres and now there is substantial hotels in progress. A few weeks back; that was before the Planning Board received a 5-0 vote to change atone to Br1A, since that time we've been working seven days.a weak on a subdivision that involves a portion of 67 acres.. At seven o'clock tonight".I received a bank letter of commitment to go forward i what could be a $9 million dollar project. I have a two phase project., if we go into this particular development and we get caught in between, in other words I have a purchase and sale of asection and an optionona second Portion and if this cannot be taken as a one unit structure to the shareholders in this corporation I cannot recommend to go forward and that's why the timing at this point in time absolutely incredible. Councilor Gass: The policy, I'm with your project one hundred. I'm trying to explain to you the policy has not changed as of tonight. The policy won't change until it goes to Committee. If the Council at that point, years back we changed it from twenty five percent to fifty Percent'. The Policy of the city is still in existence. This report, this ordinance has to go back to a committee. I hope that answers your question. Carl Snow. Let me put a different analogy on something which was a rather lengthy discussion on tonight. I don't wish to be caught in a proposal that what I consider similar to the Bangor Auditorium. -2- 1 want to know I an on a go status for the entire Project under a givensetof miss and not two and .a half million dollars into this project find out the rules are changed and I can't complete the project. Councilor Gass: Sir, are your papers as far as the City is concerned all signed? And everything else? Carl Snow: -I filed the paperwork for the subdivision plan which was substantialengineeringlast Friday. Councilor Gass: last Friday, so -in effect the policy of the Council as it was and it .still is - so, what is.. your problem? Carl Snow: It in -my understanding until final subdivision approval and it will be final subdivision approval on part 'A of a two-part proposal .and I. don't want to have a blessing, on Part A and then find myself six months, nine months down into this thing that the =lea change again. _ Councilor Gass: I want you to have.your project and I'm trying to -find a way of guaranteeing_ you that the project will flow. I want it to flow. Carl Snow-- I have contractually rezoned the entire sixty seven acres if the subdivision approval is completedOnPart A I would like the City policy to continue right into Tart B. That gives me the assurance I need to go forward. 'II -.,I, - Councilor Gass: .Through the chair to the City Manager, when can we give Fee Snow that okay that you're.all set with what the City share is going to be? I - City Manager Plynn: You're asking me a questiondecided by the City Council but it seems to Councilor Gass Councilor Came I know - I'm talking time wise. - 'City Manager: It seems toMOthat Councilor Willey brought this on the floor of the City Council for the Council toreview and study the whole problem of us participating inresidential, commercial and industrial subdivisions and it has-been, a motion has been made to refer it to the Public Works Committee and I would assume that in discussions with the Public Works Committee that all of these points should be and will be discussed including when,. if something like this were over enacted where.we did away with those assessments, participating, anticipating when this would be effective and..which applications were which were already in existence, inthesystem should or shouldn't they be considered andthat sort of thing. I.assume would ali.be done at the Public Works Committee meetings. I'm assuming that.everybody in all the subdivision people would certainly be invited even though they might have a phase project or whatever.so that we could clarify that and when it tames back to the council it would be recommendations on dates and:who is in the process and has those dates should be established and which people should be given consideration under this ordinance and if changes are to be made who would be considered. I don't think you could do that tonight. _3_ Councilor Gass: No, but that, I 'don't,. expectto. do ittonight but what I'm trying to.do is trying; So help Mr. Snow to get his project moving. _ City Manager: Until something is changed, Councilor Gass, then the existing policy remains in effect.. Councilor Gass:,- Eine'. - Carl Show: Buddy, knowing thisis hanging over my head, Councilor Gass: I know that, I. don't want that. Carl Snow: I'm expecting anapproval' between Tune 17th and June 30th depending upon the flow -schedule that is consistent with what is. respectable work for the City Sngineer, City Planning Department, City Code Enforcement people so I aspectsubdivision approval between the,17th of next month and the 30th of next month. That's part A. I have to executeanagreement in two days with the bank and I can'tin good faith execute that agreement with the bank knowing that sixty days, ninety days, one hundred and twenty days, one hundred and eight days, something .has changed. I just need a consistent policy for the future. Councilor Gass: As far as I'm concerned I want -you to have what you need.to make the project fly. I'm not', I -don't know, through the Chair, could we poll .the Council as to howtheyfeel about the - present policy as it exists]. To alla4,jMr. Snow... - Councilor only Willey:, Why don't L'jwas respond because I put this on and the only reason -I put this on. was because I thought we ought to start balking about it. I' Councilor Gass: Talking about it, I'agree with you. - Councilor Willey:. In. response to, Stalked to Carl about his particular two projects since our last CounciLnmeeting.. It is Ory feeling, Councilor Gass, that this should not be applied retroactively to anybody. Councilor Cox:. I agree. Councilor Willey: Because we have said.time and time again when I mentioned this thing about the $50 deed several councilors said it's not fair. to apply for this guy this policy, make it prospective only. And I'm suggesting to yououtof fairness to people like Mr. Snow and other developers who have relied on prior policies that we now make it retroactive. That would be one of the things I would recommend however we should discuss the issue. It may very well be that we don't' want to affect industrial related subdivisions. It may be we want to just .talk about residential type subdivisions. It may be that we're going to keep the policy. It may be we are going to set up.a revolving loan that we talked about at one of our meetings. 'So, I have my own feelings about retroactive applications. I don'tthink we should because I think we have a Lot of people. who have relied on certain policies. Unfortunately those policies have cost the taxpayers of Bangor a lot of money.. They are there nevertheless. Councilor Gass: They are there. Okay. -q - Councilor Willey:. And I think my feelings are, I told you this, Carl, I think you should be protected on yourproject all the way through. I say that to anyone else who has got projects. out there. I know there is another one up an the Lagan Road, We have, these people have relied and until this Council starts addressing these issues only prospectively you're not going to know where you'll go. This may, by the way, we may decide to leave it just the Way it is, Councilor Gass: But how do you... Councilor Willey:. But the Point is as it relates to.you, I think Buddy is rightf you want to be protected and there are several other developers in town that have really gotten into the process. That's only my feelings. Councilor Gass-- Well, then, can I suggest that you postpone this until the first. of September and in that way we will have... Councilor Willey: I don't have any.,problem with this but the thing is John was going to get something to us.anyway. Has about... Carl .Snow: But even knowing it's 'potentially in. -the works causes me concern because I have a.Part A and a Part B: -.I -have to know gentleman on the entire .thing know. Councilor Wheeler: I'm chairman of the .Public Works Committee and it may be that I won't be able tocalla meeting until 1989. Who knows. That's theway it Works in -Congress they just don't call Meetings:but i guess we have to here ',Wpat I need to know, Carl., is are you concerned. primarily about this project and any retroactivity which I think has been clarified ar are you 'concernedabout all future projects that you .may contemplate. I'm not sure What youaresaying. Carl Snow: First off,let me -explain. .The initial project we Pelt Would be twenty-nine to thirty-three individual single family houses. This was really a function of Engineering as it turned out the subdivision we filed with the City last Friday was forty -.five units. Councilor Wheeler: Originally it was. what? , Carl Snow: We were hoping to get twenty-nine to thirty-three single family house lots -as it turned out consistent with City and State rules we were able to file a plan consisting of forty-five single family houses. our marketing studies have indiciated a first year sales of thirty to forty single family homes. If there is forty that means in excess of two million dollars in single family houses. We are speaking of affordable housing from $50,000 that range.- If we are looking at and we will immediately go .into Phase II. Wow Phase II consists of exercising a writtenoption which we have now. Councilor Wheeler: let me interupt you 'just for know. I'm Beginning to get a. clearer picture. Phase II is not in the works at this time. You have not applied for any city... Carl Snow: let me tell you something that we are very, very careful of to stay legal. The State of Maine has a state site location law. State site location law depending on the amount of people you put on it represents a time span of alx to eight months. It could be early as three or four months down road. We applied for -S State site location and go. through this process. - Councilor Wheeler: .Right tenet though, Phase II doesn't even exist..., (tape turned over)..... so it doesn't exist as far as the City submitted any site plans so it doesn't exist as far as the City is concerned.- _ Carl Snow: That'scorrect. Councilor Wheeler: Now I understand your concern and I agree with you. Public Works will. meet in .1994_ Carl Snow: But you see .that I.can't go': forward on Phase A unless Iknow your policy on Phase B is going to be consistent. Councilor Wheelar: The only -:way we can he consistent is to not make any changes, right? - - Carl Snow: If I can. be assured whatever we do in Phase A continues in the exact same. manner in a Phase B if Phase B happens then I'm all set to go.. Councilor Wheeler: Well, I do thinkthisshould go to Public Works and I think at least two of.. us -on the committee are. probably in agreement with you at.least two of us - and obviously other Councilors as well as developers will be -invited. to thafineeting and I don't think.you should -have any,gonpern about going to Public Works . for discussion. i{ - Councilor Willey: Mr.. Chaisman,� jseh to- -.give you'some assurances, Carl, I've lost taUual to the City Solicitor. r'am going to propose, I'm going to read, this first, out of deference to you and several others developers Z've been -in touch with you, I'm going.. to add this langpage or if there is better language, someone.can tell: me. ^_This ordinance shall only apply to. applications received' after thedata of passage 'hereof and shall not be retroactive in. any respect' whatsoever So if you get your.. applications in whatever the date of passage is you are protected. Carl Snow. you're missing.the point. , Councilor Willey: I'know you are talking about Part A and Part B Carl. Carl Snow. State sitelocationisis a entity that I can't tell You In a time wise it may be six to nine months down the road.' And in doing it Councilor Willey: Get yourapplicationfiled and you're protected. You've got it filed. ' Carl Snow: No I don't. Councilor Frankel: No, he doesn't. Carl Snow: And I can't file it at this time. It's going to take four or five months of work to prepare it. Councilor Willey: I see. -6 - Carl Snow: I want to know if a sixty seven acre parcel under the City's plan isgoing to be consistent throughout. Councilor Gass: I'm not on the Public Works Committee by the way. Councilor Willey: We are Into a situation where we want to study the darn. thing. Yet I think we are all concernedabout .interest... Councilor Gass: You picked the worst time of year to do this. Councilor . Willey: The item came up last week and we wanted to do something about it.: Get the ball rolling. It just came upon us. Do we need this item to be.brought or can the Public Works Committee discuss it informally With thecity, I'm asking you Mr. Chairman. Councilor Wheeler: Well, if I canrespond, I'd like to _say I am very. appreciative of the fact that nobody informed me that Councilor Gass is no. longer .on. the Public Works Committee. I was under the impression he was. Md I. just opened my big mouth andmade a commitment for somebody: who is not even ..:..on the Committee. So I want that rectified. Mytime a_member of. my Committee is. changed I want to be advised of it - formally and promptly -.in that understood. I'm talking to whoever is responsible for communicating about these things and this is what .I was talking about in the pre -session tonight. Councilor Gass: M. Chairman, Ican I move indefinite postponement of 85-205? 1 .•1_.I, Councilor Willey: 'I'll withdraw. it. That's no problem. - You don'thave to do.that. What I want to know is the Public Works Committee is comprised of Councilor Wheeler, McCarthy and. Gass based an my... Councilor Gass: I suggested that I do not want to serve on the Public Works Committee and that Edgar Brown was to take my place. Md that's the way it was left. - - Councilor Willey: In any event;,I take it, that the chair of the Public WorksCommitteeIndicates a willingness to at least discuss this With... Councilor wheeler: Absolutely. Councilor Willey: and the City Manager who has asked that this be brought anddiscussed as indicated so if everyone agrees that is going to occur, I withdraw this Stem. Councilor Gass: Thank you. Goodnight. City Clerk: Council Ordinance 85-205 has been withdrawn. Carl Snow: You haven't done anything. Councilor Willey: We withdrew it. Don't worry about it. It doesn't exist. Carl SNow: If. it exists, now even though it's in the works, I have very grave concerns. -7 - councilor Willey: It's been withdrawn.. They will discuss it informally - nothing... Carl Snow: In six months if it's brought up I'm going to I'm still caught. Councilor Willey: They will discuss it informally and you will be notified. But there's nothing on the agenda at this point. (The above transcript bas typed by Jane Robbins, Secretary to the city Manager, August 5, 1985.(