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HomeMy WebLinkAbout1975-05-28 220 AC ORDER220 NC Introduced by Councilor sa"i 'Kay 28, 1975 r CITY OF BANGOR (TmL) W1312% AcceppiDg p [y_Epg eF s...deg t -Discontinuance of Ford Street and Pershing Street between Westland Avenue and Dunning Boulevard By flw City CoywU of the Myer Bowler.. ORDERED, TWT, the attached report of the City Engineer relative to the discontinuance of Ford Street and Pershing Street between Westland Avenue and Dunning. Boulevard be and hereby is accepted and be it further ORDERED, .that said streets he discontinued and removed from the Official City Map. IN c1w Cm It 220 x i'"- RECEIVED 'May 28/.1975 casam. o x n e x - 1915 NAT 23 AH 9: 01 D yQ, .w Title, 5n CITY CLEWS OFFICE c1W cxswc. - ;;*Y IF A2Xf ON, MAINE uc ycigq city, a.igire, sport: 9ieowtiaaance ". of ozdt et and PezMinq street eetveev Reati a and 'Dunning 'Boulevard. oduc d by . . ... ..... .......... ' ����Cowcflman ' CITY of BANGOR, To the City Council: Forwent W an order of the City Coundl,Order_326.. AC _._......, pada i.-APFi.1.1.$.-_1975 directing Ne City Engineer to byink_diacnnlinue..Fnxd..S[CeaG..and..P.ex8hiaq........ Stxenst..betuena.weenUand_Auenor, _and_Dunnin Boulau.aid------ _.._............._.. City Engineer begs leave W report: That of his intention W bntaida discontinue--said.-Ford- atreet..and._ Pershing Street the City Engineer gave written notice by nodeea attacbed W copiea amid order posted for seven days prior W We. _._. 20th.-day-o£.Apxa3, 1925.....__ in two public plus in the City of Bangor and in the vicinity a said street, W wit: ane.sn_tha.kullet b_aza_at Sity... Ba1L...9aRg9x .pia ne ............ .Ase an .fvastlapd. A2Ep!ie..A€tween poid 9!rd_PersMmgstrewt One on D ,luting B u1 aid between Ford and P h ny_St t and also gave notice by causing the same W be published in the Basest Dacey Nglya, newspaper printed to mW city, for one week prim W th 20th of„April 1975 _ copy of add order and notices, an Posted and publiahed, u hernia annexed and made part of this report._...___......_ _ .. And that the said City Engineer met at the time and place of minting specified he the notia s and proceeded to yptwt.discontinue.said_Fecd..and _pe£ah ng_-Street-as_fp.Uows: a CITY of BANGOR, To the City Council: Forwent W an order of the City Coundl,Order_326.. AC _._......, pada i.-APFi.1.1.$.-_1975 directing Ne City Engineer to byink_diacnnlinue..Fnxd..S[CeaG..and..P.ex8hiaq........ Stxenst..betuena.weenUand_Auenor, _and_Dunnin Boulau.aid------ _.._............._.. City Engineer begs leave W report: That of his intention W bntaida discontinue--said.-Ford- atreet..and._ Pershing Street the City Engineer gave written notice by nodeea attacbed W copiea amid order posted for seven days prior W We. _._. 20th.-day-o£.Apxa3, 1925.....__ in two public plus in the City of Bangor and in the vicinity a said street, W wit: ane.sn_tha.kullet b_aza_at Sity... Ba1L...9aRg9x .pia ne ............ .Ase an .fvastlapd. A2Ep!ie..A€tween poid 9!rd_PersMmgstrewt One on D ,luting B u1 aid between Ford and P h ny_St t and also gave notice by causing the same W be published in the Basest Dacey Nglya, newspaper printed to mW city, for one week prim W th 20th of„April 1975 _ copy of add order and notices, an Posted and publiahed, u hernia annexed and made part of this report._...___......_ _ .. And that the said City Engineer met at the time and place of minting specified he the notia s and proceeded to yptwt.discontinue.said_Fecd..and _pe£ah ng_-Street-as_fp.Uows: Pershing Street A 50 foot right-of-way, the center line of which is located 265 feet, southwest from the southwesterly right-of-way line of Union Street and which extends in a northwesterly direction from Dunning Boulevard to Westland Avenue parallel to said Union Street, and having a total length of approximately 440 feet. Ford Street A 50 foot right-of-way, the center line of which commences on the northwesterly right -o£ -way line of Bunning Boulevard approximately 626 feet southwest from the southwesterly eight -of -way line of union Street, and Which extends in a northerly direction for a distance of approximately 510 feet to the southeasterly right-of-way line of Westland Avenue at a point approximately 510 feet southwest from the southwesterly right-of-way line of said Union Street. Said right=o£-ways a shown on a plan entitled "Map of Westland Park" made by David J. Basco, C.E., for the Graham Iver¢ Co. and recorded in the Penobscot Registry,Of Deeds, Plan Book 13, Page 3. No person or persons appeared at the time and place of the meeting Since these streets were never constructed, and since their nstruction would serve no useful purpose, it is recommended that the right -sof -ways be abandoned and discontinued, and that they be removed from the Official City Map Respectfully Submitted, zz JOM En Frawley City Engineer Robert Hiller, Attorney City Solicitor City Nall 73 Harlow Street Banger, Maine Bmt Robert: I have been doing scone study an streamlining our process of considering and passing orders and ordinances. I have the following thoughts, most of which have been discussed informally with the Code and Ordinance Review Committee: 1. Passage of Ordinances. The Charter provides that Ordinances are sot to be passed unless read on two separate days. This provision cannot be dispensed with without an Amendment of the Charter.. I do not favor changing this anyway. I think Ordinances should sot be passed at the first meeting at which they are introduced. The one clear streamlining device for Ordinances would be to dispense with the Committee on Rngrosmd Ordinances. In practice, referring Ordinance to that Committee has become nothing but a useless gesture. We in fact rely on the Clerk for the correctness of engrossment. The requirement of reference to the Comtittee on Engrossed Ordinances appears only 4 the Ordinances and could be changed easily. I shall propose this change as soon as 1t can be made ready. May 1, therefore, ask you to prepare for my signature an Amendment to the Ordinances to delete the sentence from Chapter I, Article 4, Section 3, which reads as follows: "All Ordinances which have had two several readings shall be examined and certified on the back thereof by the Committee on Engrossed Ordinances." The reference to that Committee should also be deleted from Chapter 1, Article 3, Section 6. 2. Summary Calendar. The City of Colorado Springs, Colorado, hes a summary calendar system which might make mass far us. The Clerk would list at the top of NEW BUSINESS all items which in her judgment might be handled summarily. Beneath the designation of Summary Calendar should be placed language something like this: 'The following routine items will be considered and passed without debate or discussion unless there is objection by a member of the Council or of the public. Any Councilor may, JOHN W. UALLOV "I'll 0. SOUCY Ali,, 1, IUNNRI R0111111 IPCIRS 10,91.111, (Qitg of �iangor, f�9aiite May 28, 1975 Robert Hiller, Attorney City Solicitor City Nall 73 Harlow Street Banger, Maine Bmt Robert: I have been doing scone study an streamlining our process of considering and passing orders and ordinances. I have the following thoughts, most of which have been discussed informally with the Code and Ordinance Review Committee: 1. Passage of Ordinances. The Charter provides that Ordinances are sot to be passed unless read on two separate days. This provision cannot be dispensed with without an Amendment of the Charter.. I do not favor changing this anyway. I think Ordinances should sot be passed at the first meeting at which they are introduced. The one clear streamlining device for Ordinances would be to dispense with the Committee on Rngrosmd Ordinances. In practice, referring Ordinance to that Committee has become nothing but a useless gesture. We in fact rely on the Clerk for the correctness of engrossment. The requirement of reference to the Comtittee on Engrossed Ordinances appears only 4 the Ordinances and could be changed easily. I shall propose this change as soon as 1t can be made ready. May 1, therefore, ask you to prepare for my signature an Amendment to the Ordinances to delete the sentence from Chapter I, Article 4, Section 3, which reads as follows: "All Ordinances which have had two several readings shall be examined and certified on the back thereof by the Committee on Engrossed Ordinances." The reference to that Committee should also be deleted from Chapter 1, Article 3, Section 6. 2. Summary Calendar. The City of Colorado Springs, Colorado, hes a summary calendar system which might make mass far us. The Clerk would list at the top of NEW BUSINESS all items which in her judgment might be handled summarily. Beneath the designation of Summary Calendar should be placed language something like this: 'The following routine items will be considered and passed without debate or discussion unless there is objection by a member of the Council or of the public. Any Councilor may, Robert Miller, city Solicitor Page 3. at or prior to the meeting, request that any Item on this Summary Calendar be set aside for discussion and separate vote." On this calendar will be orders rot necessarily in numerical order. Separate orders will be printed as hag been theaCo case in the past but they will t be separately discussed - or debated unless the Indicated request is made. An analysis of a recent agenda suggests that often as many as half of the Stems for sew business Could be handled on the Summary Calendar, thus saving the Council's time for debate on e important Items such as seeking In the Council chamber and saving Morse's Mill. Examples Of such item are Poll Permits, Constable appointments, authorising Cost Studies by the City Engineer, etc. It is my thought that the Summary Calendar does not need to be spelled out as a role by Ordinance, Although someone might want to do this at a later time. I suggest we try the Summary Calendar on aexperimental basis for a while. I will be glad to work with Vera on this for a while to get it set up, if the Council approves. 3. Public Hearings on Zoning Cases. The Manager hes expressed concern,same which is shared by Se others, that we have an unsatisfactory setup for consideration of Zone changes. At present the Planning Board holds a Public hearing and then when the matter comes back to the Council it has base our practice to have really a second public haring before the Council. This is a hardship ona involved. The opponents have to gear up twice, as do the Proponents. I[ does me= like a terrible waste of time and talent. There are several possibilities:(1) Change the Zoning Ordinance me that the Planning Board does Cot have a public haring, the public baring to be only before the Council; (Z) Work out an Arrangement so that the Planning Board has a public haring, but we take appropriate steps so that there is an public hearing before the Council . I favor the second approach. We have ourselves in this dile®, because of our sometimes worthwhile habit of almost allowing the public to participate in our debates, something most deliberative bodies would :not and Could Cot tolerate. I rally think much good comes of this as a general matter as long as it can be controlled as I think it has been up to new. The day may come when that whole idea has to be changed. But I think the time has cow when we need to do something about these Zone change matters. I am Corot yet prepared to suggest any formal changes in our rules to effect this. (I rather doubt that it is spelled out in any rule anyway). We might get at It, if the Council agrees, by simply having the Chairman indicate that there will be an public debate or Participation in the consideration of a proposed Zone change before the Council. Such a change in procedure would need adequate publicity so that persons will realize they must appear before the Planning Board's public hearing or lose their chance. Our rule in this rodcsRput. Into effect might be relaxed by allowing any no testi:any which was @ AVT presented to the Planning Board •- and we might allow, say, a five minute summary by the Planning Board or the proponents and a five minute statement by the opponents before considering the vote. On the other hand, the Council may feel we are being too restrictive Robert Miller, city solicitor Page J. On balance, though, I feel that the fairest thing for the public and the parties is net to allev the second Council public hearlme. May I ask you to arrange to have this letter duplicated and delivered or mailed to the other members of the Council. Your$ very truly, I JoW. Ballon H/L � : Merle Leff, City Manager cc: Alvaro Byard, City Clerk.