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HomeMy WebLinkAbout2022-05-23 22-202 OrderCITY COUNCIL ACTION Council Meeting Date: Item No: Responsible Dept: Requested Action: Summary Committee Action Meeting Date: For: Against: City Manager City Solicitor Finance Director Map/Lot: Introduced for: Order Committee: Action: Staff Comments & Approvals Date: Item No: Assigned to Councilor: CITY COUNCIL ACTION Council Meeting Date: Item No: Responsible Dept: Requested Action: Summary Committee Action Meeting Date: For: Against: City Manager City Solicitor Finance Director Map/Lot: Introduced for: Order Committee: Action: Staff Comments & Approvals CITY OF BANGOR NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE THAT the Bangor City Council, Municipal Officers of the City of Bangor, will hold a public hearing, in accordance with 30-A M.R.S.A. Section 5224 and Section 5228, for purposes of receiving public comment on a proposed program, budget and implementation assessments to be assessed against properties for the Municipal Development District located in the downtown area, known as the Bangor Center Development District: A. Date of Hearing: May 23, 2022 Time of Hearing: 7:30 PM Place of Hearing: City Council Chambers, Bangor City Hall Bangor, Maine 04401 Participation: Public participation in the hearing is expected to be through remote means that will include Zoom, the government channel, the City’s Facebook page, and the City’s website. Anyone who wants to offer public comment is encouraged to attend the meeting through Zoom. Information on the Zoom meeting can be found by going to the calendar feature of City’s website at www.bangormaine.gov/calendar and then clicking on the meeting that you wish to attend. A link to the Zoom meeting will be present on or before the day of the meeting. If there are any issues or if you want to email comment prior to the hearing, please reach out to comm.dev@bangormaine.gov or call Community & Economic Development at (207) 992-4280. You may also mail comment, through U.S. Mail, to Community & Economic Development, 73 Harlow Street, Bangor ME 04401, but, to allow for processing, such mailed comment should be received by the City at least two days in advance of the meeting. More information on remote meetings, including links to the live-stream features of the City’s website and Facebook page, can be found at www.bangormaine.gov/video. B. Legal Description of Bangor Center Development District: Beginning at a point on the northerly bank of the Penobscot River at the southwesterly corner of land now or formerly owned by Coal Energy of Maine, Inc. as described in a Deed recorded in Penobscot Registry of Deeds in Volume 3058, Page 249, said property being located southwesterly from the intersection of Railroad Street and Front Street; thence N 54°09’59” W, by and along the southwesterly line of said Coal Energy property, ninety-one (91) feet, more or less, to a point on the high water mark of the Penobscot River; thence S 41 50' 54" W a distance of 116.44' along said high water mark to a point, thence N 45 23' 00" W a distance of 25.58' still along same to a point, thence S 4523'05" W a distance of 126.35' still along same to a point, thence S 3920'40" W a distance of 92.55' still along same to a point, thence S 4816'47" W a distance of 96.12' still along same to a point, thence S 4256'45" W a distance of 108.57' still along same to a point, thence S 3642'31" W a distance of 93.65' still along same to a point, thence S 2241'31" W a distance of 90.71' still along same to a point, thence S 2117'03" W a distance of 103.76' still along same to a point, thence S 1528'44" W a distance of 98.25' still along same to a point, thence S 0616'26" W a distance of 99.42' still along same to a point, thence S 1958'37" W a distance of 110.80' still along same to a point, thence S 2915'42" W a distance of 100.04' still along same to a point, thence S 2427'47" W a distance of 105.08' still along same to a point, thence S 1526'33" W a distance of 94.60' still along same to a point, thence S 1207'12" W a distance of 91.13' still along same to a point, thence S 1015'34" W a distance of 196.56' still along same to a point, thence S 0924'26" W a distance of 298.19' still along same to a point, thence S 0333'16" W a distance of 113.49' still along same to a point, thence S 2140'54" E a distance of 133.73' still along same to an iron pin on the northerly sideline of Barrett Paving Materials, Inc., thence N 8400'25" W a distance of 99.00' along said lands of Barrett Paving Materials, Inc. to a point, thence N 4354'25" W a distance of 28.58' still along same to a point, thence S 03°34’35” W a distance of 612.67' still along same to a point, thence S 7350'25" E a distance of 62.64' still along same to an iron pin on the high water mark of said Penobscot River; thence S 2219'46' W a distance of 357.79' along said high water mark to a point, thence S 1740'56" W a distance of 382.50' still along same to a point on curve on the northerly sideline of Interstate Route 395, thence by and along the right of way of Interstate Route 395 along a curve to the right having a radius of 2764.79' a distance of 135.10' , the same having a chord bearing and distance of N 68 45' 59" W and 135.09', along said easterly sideline to a point on curve on the southerly sideline of lands remaining to the Maine Central Railroad Company, its successors, heirs and assigns, thence by and along the same curve to the right 50.01’ to the north side of Maine Central Railroad Company; thence along a curve to the right having a radius of 2764.79' a distance of 87.99’, the same having a chord bearing and distance of N 65 25' 06" W and 87.98', along said northerly sideline to a point on tangent on the northeasterly sideline of the Main Street exit ramp from said Interstate Rte. 395 northbound, thence N 3253'27" W a distance of 66.00' along said exit ramp to a point, thence N 57°22’14” W a distance of 144.00' still along same to and along the face of a concrete wall to a point, thence N 1909'20" W a distance of 111.89' still along said exit ramp to a point, thence N 0050'40" E a distance of 76.65' still along same to a point, thence N 2050'40" E a distance of 105.29' still along same to a point, thence N 4050'40" E a distance of 78.88' still along same to a point on curve, thence along a curve to the left having a radius of 300.00' a distance of 28.00', the same having a chord bearing and distance of N 0612'17" E and 27.99', still along same to an iron pin and point on tangent on the southerly sideline of lands now or formerly of Lafayette Bangor, Inc. as conveyed to it by deed of Conjon, Inc. dated December 1, 1995 and recorded at the Penobscot County Registry of Deeds, Book 6003, Page 001, thence N 6510'11" E a distance of 280.40' along said southerly sideline to an iron pin, thence N 3323'11" E a distance of 319.59' still along said southerly sideline and continuing along the easterly terminus of Dutton Street and continuing still along the easterly sideline of lands now or formerly of Erin, Inc. as conveyed to it by deed of Stanley E. Macmillan dated March 2, 1989 and recorded at the Penobscot County Registry of Deeds, Book 4402, Page 079 to a point, thence N 0745'40" E a distance of 294.10' still along said southerly sideline of Erin, Inc. and continuing along the easterly terminus of Emerson Street and continuing still along the easterly sideline of lands now or formerly of Bangor Metals, Inc. as conveyed to it by deed of Isadore E. Dresner dated March 30, 1979 and recorded at the Penobscot County Registry of Deeds, Book 2963, Page 127, to a point, thence N 3302'40" E a distance of 39.32' still along said easterly sideline of Bangor Metals, Inc. to a point, thence N 0703'38" E a distance of 30.20' still along same to a point on the southerly sideline of Buck Street, if extended, thence N 56°57’20” W a distance of 23.06' along said southerly sideline, if extended, to a point on the easterly terminus of Buck Street, thence N 0140'49" E a distance of 70.10' along said easterly terminus to a point on the northerly sideline of Buck Street, thence N 5657'20" W a distance of 14.90' along said northerly sideline to a point on the easterly sideline of lands now or formerly of Erin, Inc. as conveyed to it by deed of Dorothy H. Titus dated March 7, 1990 and recorded at the Penobscot County Registry of Deeds, Book 4621, Page 032, thence N 3302'40" E a distance of 24.44' along said easterly sideline to a point, thence N 0140'49" E a distance of 368.11' still along same and continuing along the easterly sideline of lands now or formerly of L & C Corporation as conveyed to it by deed of the Newport Company dated November 8, 1985 and recorded at the Penobscot County Registry of Deeds, book 3746, Page 129 and continuing still along the easterly terminus of Lincoln Street and continuing still along the easterly sideline of lands now or formerly of Neal N. Carter as conveyed to him by deed of Leanne Davis Mohammed dated January 15, 1987 and recorded at the Penobscot County Registry of Deeds, Book 3963, Page 56, to a point, thence N 5646'29" W a distance of 156.94' along the rear lot line of said Leanne Davis Mohammed and continuing along the rear lot line of lands now or formerly of Bangor Twenty-Four Club as conveyed to it by deed of United Pentecostal Church dated January 13, 1978 and recorded at the Penobscot County Registry of Deeds, Book 2828, Page 117 to a point on the rear lot line of lands now or formerly of Texaco, Inc. as conveyed to it by deed of Statewide Stations, Inc. dated November 20, 1981 and recorded at the Penobscot County Registry of Deeds, Book 3283, Page 63, thence N 2034'00" E a distance of 221.04' along said rear lot line of Texaco, Inc. and continuing along lands now or formerly of Eugene L. Richardson as conveyed to him by deed of New England Equipment Rental, Inc. dated December 24, 1987 and recorded at the Penobscot County Registry of Deeds, Book 4161, Page 030 to a point, thence N 5758'00" W a distance of 45.50' still along lands of said Eugene L. Richardson to a point on the rear lot line of lands now or formerly of Dewey B. Gosselin and Lorraine M. Gosselin as conveyed to them by deed of Robert E. Cort dated April 24, 1987 and recorded at the Penobscot County Registry of Deeds, Book 4007, Page 114, thence N 2034'00" E a distance of 123.00' along said rear lot line of Dewey B. Gosselin and Lorraine M. Gosselin and continuing along the rear lot line of lands now or formerly of Dewey B. Gosselin II and Lorraine M. Gosselin as conveyed to them by deed of James W. Vardamis and Judith L. Vardamis dated 1988 and recorded at the Penobscot County Registry of Deeds, Book 4260, Page 166 to a point, thence N 5758'00" W a distance of 44.38' still along lands of said Dewey B. Gosselin II and Lorraine M. Gosselin to a point, thence N 2034'01" E a distance of 101.16' still along same to a point, thence N 6926'00" W a distance of 55.00' still along same to a point on the aforesaid easterly sideline of Main Street, thence N 2034'00" E a distance of 1482.06' along said easterly sideline of Main Street to the southerly line of Railroad Street; thence N 20°34’00” E, by and along said Main Street to the center line of Cedar Street; thence in a northwesterly direction along the centerline of Cedar Street to the centerline of First Street; thence in a northeasterly direction along the centerline of First Street to the northwesterly prolongation of the northeasterly line of Davenport Park; thence southeast along said northeasterly line of Davenport Park to the westerly corner of land now or formerly owned by the Maine Savings Bank as described in Deeds recorded in Penobscot Registry of Deeds in Volume 1722, Page 54 and in Volume 2839, Page 93; thence in a northeasterly direction along the northwesterly line of said Maine Savings Bank property to the southwesterly line of land now or formerly owned by the Unitarian Church of Bangor as described in a Deed recorded in Penobscot Registry of Deeds in Volume 223, Page 121; thence in a northwesterly direction along the southwesterly line of said Unitarian Church property extended to the centerline of First Street; thence in a northeasterly direction along the centerline of First Street to the centerline of Union Street; thence in a northwesterly direction along the centerline of Union Street to the centerline of Columbia Street; thence in a northeasterly direction along the centerline of Columbia Street to the centerline of Middle Street; thence in a northwesterly direction along the centerline of Middle Street to the centerline of High Street; thence in a northeasterly direction along the centerline of High Street to the intersection with the centerline of North High Street; thence in a northeasterly direction along the centerline of North High Street to the centerline of Hammond Street; thence in a westerly direction along the centerline of Hammond Street to the southerly prolongation of the westerly line of the YMCA property; thence in a northeasterly direction along the westerly and northerly lines of said YMCA property extended to the centerline of Court Street; thence crossing Court Street to the northwesterly line of land now or formerly owned by the City of Bangor, being the parcel occupied by the Bangor Police Department building; thence in a northerly direction along the northwesterly and southwesterly lines of said City of Bangor land to the Kenduskeag Stream; thence continuing along the same course to the easterly shore of Kenduskeag Stream; thence in a northwesterly direction along the easterly shore of Kenduskeag Stream to the centerline of Harlow Court extended; thence in a northeasterly direction along the centerline of Harlow Court to the centerline of Harlow Street; thence to the northeasterly right-of-way line of said Harlow Street at the intersection with the centerline of Cumberland Street; thence in a northeasterly direction along the centerline of Cumberland Street to the intersection with the northwesterly prolongation of the northeasterly line of property now or formerly owned by Danny L. Rauch as described in Deeds recorded in Penobscot Registry of Deeds in Volume 3604, Page 162 and in Volume 3636, Page 143; thence southeast along the northeasterly line and southwest along the southeasterly line of said Rauch property to the southerly corner, being on the northeasterly line of land now or formerly owned by the City of Bangor as described in Deeds recorded in Penobscot Registry of Deeds in Volume 1410, Pages 24 and 256, and in Volume 3206, Page 28, said land occupied by the Atler Parking Lot, so-called; thence southeast along the northeasterly line of said Alter Lot extended to the centerline of Spring Street; thence east to the southeasterly line of Spring Street at the point of intersection with the northeasterly line of land now or formerly owned by Bangor Development Associates as described in a Deed recorded in Penobscot Registry of Deeds in Volume 3530, Page 239; thence southeast along the northeasterly line and southwest along the southeasterly line of said Bangor Development Associates property to the northerly corner of land now or formerly owned by the City of Bangor occupied by the Bangor Public Library as described in Deeds recorded in Penobscot Registry of Deeds in Volume 957, Page 218 and in Volume 1920, Page 262; thence southeast along the northeasterly line of said Library lot to the easterly corner of said lot, being on the northerly line of City of Bangor land described in a Deed recorded in Penobscot Registry of Deeds in Volume 839, Page 136 which is occupied by the Peirce Memorial Park; thence in an easterly direction along the northerly line of said Peirce Memorial Park land to the westerly right-of-way line of Center Street; thence in a southeasterly direction across Center Street to the intersection of the easterly right-of-way line of Center Street with the northerly line of land now or formerly owned by the First Universalist Society of Bangor as described in a Deed recorded in Penobscot Registry of Deeds in Volume 903, Page 295; thence east along the northerly line of said Universalist lot extended to the centerline of Park Street; thence southeast to the easterly right-of-way line of Park Street at the point of intersection with the centerline of Penobscot Street; thence in an easterly direction along the centerline of Penobscot Street to a northerly prolongation of the easterly line of land now or formerly owned by Tarratine Club, Inc. as described in Deeds recorded in the Penobscot Registry of Deeds in Volume 747, Page 63 and in Volume 941, Page 369; thence in a southerly direction along the easterly line of the Tarratine Club property to the northerly line of land now or formerly owned by the New England Telephone Company as described in Deeds recorded in Penobscot Registry of Deeds in Volume 919, Page 471, Volume 1033, Page 36 and Volume 1034, Page 379; thence in an easterly direction along the northerly line of said New England Telephone Company property extended to the centerline of French Street; thence in a southerly direction along the centerline of French Street to the intersection with a westerly extension of the northerly line of land now or formerly owned by Shaun and Janet P. Dowd as described in a Deed recorded in Penobscot Registry of Deeds in Volume 2480, Page 86; thence in an easterly direction along the northerly line of said Dowd property to the westerly right-of-way line of Broadway; thence in a southerly direction along the westerly right-of-way line of Broadway, and continuing along the westerly line of Stetson Square and the westerly line of Oak Street to the centerline of Hancock Street; thence in an easterly direction along the centerline of Hancock Street to the northerly prolongation of the westerly line of land now or formerly owned by Brake Service & Parts, Inc. as described in Deeds recorded in Penobscot Registry of Deeds in Volume 2153, Page 345 and in Volume 3558, Page 14; thence in a southerly direction along the westerly line of said Brake Service property to the northerly right-of-way line of Washington Street; thence in an easterly direction along the northerly line of Washington Street to a point opposite the easterly line of a parcel of land now or formerly owned by the City of Bangor which is located south of the southerly right-of-way line of Washington Street, said land described in Deeds recorded in Penobscot Registry of Deeds in Volume 2077, Page 157 and in Volume 2135, Page 448; thence in a southerly direction along the easterly line of said City land and extending along a southerly prolongation of said line to the bank of the Penobscot River; thence in a generally southwesterly direction along the northerly shoreline of the Penobscot River to the southwesterly corner of the property formerly owned by Coal Energy of Maine, Inc. and the point of beginning. C. ALL INTERESTED PERSONS OWNING REAL ESTATE OR TAXABLE PROPERTY LOCATED WITHIN THE DISTRICT WILL BE GIVEN AN OPPORTUNITY TO BE HEARD AT THE HEARING AND AN OPPORTUNITY TO FILE OBJECTIONS TO THE AMOUNT OF ASSESSMENT. D. Maximum Rate of Assessments to be Extended in Any One Year: $1.04 per thousand dollars of assessed value as of April 1, 2022. This assessment will be levied for a one-year program commencing on July 1, 2022 and ending on June 30, 2023. E. Proposed List of Properties to be Assessed and the Estimated Assessments Against Those Properties is available for review at the City Assessor's Office, City Hall, 73 Harlow Street, Bangor, Maine. May 9, 2022 Lisa Goodwin, City Clerk Date: Item No: Assigned to Councilor: IN CITY COUNCIL MAY 23, 2022 CO 22-202 Motion made and seconded to Open Public Hearing Vote: 6 – 0 Councilors Voting Yes: Davitt, Hawes, Okafor, Schaefer, Sprague, Fournier Councilors Voting No: None Passed to Open Mick Delargy, 695 Church Road, stated he has a few properties in downtown. He said this proposal is a doubling of the assessment for trash removal, etc. He felt the downtown property owners contribute more in taxes than they receive in services. He was not in favor of this increase. Betsy Lundy, Executive Director of the Downtown Bangor Partnership, said 50% safety and sanitizing, 24% for enhanced organizational capacity and 25% enhancing existing marketing and beautification efforts. Abe Furth, downtown property owner, stated things have gotten harder with people leaving needles around and breaking into common areas. He stated it is uncomfortable and unhealthy and is happy with the proposed increase. Alex Gray, Waterfront Concerts, said they have been on the waterfront for 13 seasons. He said occasionally they get broken into. He said last summer and winter they were broken into 7 times mostly by homeless people and inclement weather. He said the biggest season on tap and would support any opportunity to help the downtown corridor because that is part of the attraction for those who come to the concerts. He said this is a systemic problem and before we invite 150,000 people to the city we need to find a way to put our best foot forward because the people we are inviting won’t be impressed with our city. Roxanne Munksgard, 82 Court Street, supports doing something to help clean up the downtown area and is supportive of this increase. Eric Mihan, Bangor Wine & Cheese Company, Vice President of Downtown Bangor Partnership, said their message is one of help. They want to be part of the solution and now is the rare time that they have the organizational thrust to expand their capacity. Lisa Leonard, Evenroods 25 Broad Street, thought a third party sounds wonderful if it works but with the shortage of available help wonders if it will be feasible or if it was the problem of DBP to clean this up. Laura Supica, member of the board of DBP, was present to give her support for this. Bonnie Puls, 11 Olive Heights, thought if a third party could assist she would be in favor of that at this time. Motion made and seconded to continue the Public Hearing until City Council meeting of June 13, 2022 at 7:30 PM. Vote: 6 – 0 Councilors Voting Yes: Davitt, Hawes, Okafor, Schaefer, Sprague, Fournier Councilors Voting No: None Passed to Continue CITY CLERK IN CITY COUNCIL JUNE 13, 2022 CO 22-202 Motion made and seconded to Continue Public Hearing from May 23, 2022 Public Hearing Continued – No Comments Motion made and seconded to Close Public Hearing Public Hearing Closed Motion made and seconded for Passage Motion made and seconded to Amend by Substitution Passed Motion made and seconded for Passage as Amended Passed as Amended CITY CLERK