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HomeMy WebLinkAbout1993-11-03 Community and Economic Development Committee Minutes COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE Wednesday, Nov. 3, 1993 � � - MINUTES MEMBERS PRESENT: Councilor Charles Sullivan,� Chair Councilor Jane Saxl - Councilor �Wm. _ Shubert OTHERS PRESENT: Councilor Pat Blanchette , Councilor pon" Soucy Kenneth R. Gibb, Director of Community & Economic Dev. Rodney, G. McKay, Community Development Director T.J. Martzial, C.D. Housing Resources Coordinator John Lord, Planning Officer Jim Ring, City Engineer Erik Stumpfel, City Solicitor Lynn Hall, Owner & Operator of Cruise Boat "Voyageur" Gary Jewell, Parking Supervisor Bob Baldacci, Bangor Development Associates Phil Clarke, Attorney for Bangor Development Associates Several local citizens � � The meeting was called to order by. Councilor Charles Sullivan at approximately 5:00 PM. AGENDA ITEM #1 - Community Development Residential Rehabilitation Loan :- 167 Center Street, 4-unit_ Building T.J. Martzial, C.D. Housing Resources Coordinator, presented this loan request for $10,045 at 6� interest, 10 years. The repairs include weatherization. work, such as new windows, insulation,. doors . The applicant has an� excellent .credit record; plenty of equity in the property. The �property is occupied by 4 low-income tenants . It was motioned and seconded to approve this loan request. So voted. AGENDA ITEM #2 - Community Development Residential Rehabilitation Loan - 2 Norfolk Street, 2-unit Buil�ing T.J. Martzial, C.D. Housing Resources Coordinator, presented this loan request for complete rehab of interior and exterior for a total of. $28,696.. The owner is putting $6-7,000 of his own money also in to the property and will occupy one of the units. There .is no existing mortgage debt on this property. It was motioned and seconded to approve this loan request. So � voted. 2 • AGENDA ITEM #3 - Cruise Boat Lease Rod McRay, Community Development Director, presented this item to the Committee. This is a preliminary Agreement between the City of Bangor and Mr. Lynn Hall (Operator of the cruise boat vessel "Voyageur" ) for obtairiing cruise boat services at the Bangor docks. Staff at this time has come before the Committee to review the Agreement in its entirety and take questions, comments or suggestions . No formal action by Committee is required at this time as the issue of fees and schedules have to be finalized. The cruise boat is 65 feet in length and 24 feet in width; it will be operating from the Bangor's waterfront from float dock #3. The proposed term of the Agreement is from May 15th to October 15th each year of the forthcoming years of 1994, 1995 and 1996 . The Agreement would remain in full force and effect through October 31, 1996 . This Agreement does not grant to the Operator permanent docking rights at the City's float dock #3 �or any other City-owned harbor facility. . Mr. Hall spoke to the Committee with respect to his business experience and intentions for his cruise boat business. He estimates that this venture could bring to Bangor 15-20,000 people� in a season. • Councilor Shubert inquired as to whether or not it would be possible to have a financial statement from Mr. Hall. Mr. Hall replied that he could submit his private corporate financial . statement which he has undertaken in order to buy the "Voyageur" . Mr. Hall also stated that references as to � his prior business success can be submitted for this Committee's review as well as the Bangor City Council.� - - John Lord, Planni:ng Officer, inquired as to what type of parking demand Mr. Hall envi�sioned. Mr." Hall replied that with 150 passengers on an average trip this could make for an estimated 75 cars for each cruise. Councilor Saxl stated that Staff should investigate if there may need to be some additional costs involved with the parking aspect. City Engineer, Ji.m Ring, responded that this has been done and that for the size of the cruise boat there is sufficient area for parking. Councilor Blanchette stated that if Mr. Hall does use any bus service that � a designated parking area for the bus should be provided so as not to use. areas that are designated for cars . She also inquired as to the number of= staff people on the cruise boat; type of galley services; restrooms pravided. Mr. Hall responded that staff would total 3; very simple galley services and restrooms � are provided. She then inquired if when the cruise boat was not in service would Mr. Hall be willing to tie it up at a mooring rather 3 � than taking up the dock space. Mr. Ha�ll replied that he would accommodate other boaters when .he was not in need of being at the dock. However, he does intend to run the vessel as much as possible but at this point he does not have a specific number of scheduled days. Councilor Saxl inquired if Staff has done all the necessary financial investigating. Rod McRay replied that it has been completed. Mr. McKay did state, however, that the fee structure of this Agreement should be approved. Mr. �Hall has proposed $500 for the lst year and then renegotiate thereafter depending on how well he does in the lst year of operation. This $500 would cover the City's cost for the dock space. Staff recommends to Committee, if this proposal is acceptable, to .accept Mr. Hall's fee structure proposal-. ' Committee members expressed that the cruise boat will be a positive addition to Bangor. Councilor Soucy stated that he approves the recommendation to charge only $500 for the lst year and to negotiate thereafter for forthcoming years. A motion to approve the Agreement as presented wa's made and seconded. So voted. _, AGENDA ITEM #4 - Bangor Development Associates - Schoolhouse Note � The City of Bangor holds a deferred mortgage on the former Bangor High School building located at 183 Harlow Street (now known as the Schoolhouse) . The City's mortgage is subordinate to a 1st mortgage held by the Maine State Housing Authority (MSHA) securing two loans to Bangor Development : Associates for a total of $1,7'14, 112 . The MSHA loans are now in default and BDA has requested the City agree to further subordinate its mortgage to new MSHA financing amounts proposed in the Workout Agreement between BDA and the MSHA. Any action taken by the City which would� result in a foreclosure sale would require a bid in excess of $2 .8 million upon sale. The City's assessed value of the property is $1,938,200. With these facts in mind, the City has no other option but to agree to the request to waive the current default, provided that all other amounts due the City related to .the Schoolhouse project, including real estate taxes, special assessments and pa"rking lease fees (at Abbott Square) , are paid. . The� City's interest would remain no less secured with .no :.less likelihood and per�aps an improved possibility of future payment-. � The Workout Agreement would preclude foreclosure and the resultant uncertainty of the properties continued operation. Staff, therefore, recommends that the request for a waiver of default be granted with the stipulation � that all other amounts due the City be paid. 4 SBob Baldacci, BDA, gave a history of the Schoolhouse project including the current financial problems they have been incurring and their efforts for the.past 1 1/Z years in working with MSHA in trying to find a solution. The Workout Agreement with MSHA will enable BDA to also pay all taxes and other payments up-to-date. Bob stated that he will keep the City's Finance Director, John Quartararo, and Ren Gibb, Director of Community and Economic Development, informed as much - as possible as the project goes along. Mr. Phil Clarke of Gross, Minsky, Mogul, attorney for BDA, spoke also to the Committee regarding the process and .terms of the Workout Agreement. It was motioned and seconded that the Proposed Workout Agreement as presented be recommended for approval to the City Council. So voted. AGENDA ITEM #5 - Request to Lease City-Owned Property Erik Stumpfel, City Solicitor, presented this item to the Committee. He had recently received a written request from Mr. Chung of Bangor to lease City-owned land for parking. Mr. Chung lives on Grace Court, which is a very narrow street. He holds fellowship meetings once a week as well as another meeting on the 3rd Saturday of each month. There are approximately 10 to 15 cars at each meeting. The only available parking is on a vacant parcel � which is on Rossuth Street and runs along Jesse Street. Also, apparently one of Mr. Chung's neighbors has directed threats to him regarding the parking in the vacant lot. Erik has conferred .. with John Lord, Planning Officer, on whether using this vacant _ lot for parking could be allowed. According to� Mr. Lord, the current ruling is that neither residential use or accessory use parking are permitted in the "Park and Open Space District" . Ken Gibb stated that Staff has viewed the area in question and they found that there were no other parking opportunities available. . Councilor Blanchette asked if Mr. Chung has actively pursued other meeting sites such as local churches. Mr. Chung responded that he has not. Councilor Blanchette stated that although she does not condone Mr. Chung's neighbor making threats because of the 10-15 cars parked in �the vacant lot, it is still understandable that many vehicles on such a narrow street area can be disturbing to the neighbors. She stated that� allowing the vacant lot to be used for parking would be setting a bad precedent for the City. � 5 , Councilor Soucy, Saxl and Shubert all agreed with Councilor Blanchette's conclusion. Councilor Soucy stated that, as John Lord pointed out in his memo, other requests have been turned down in the past; to allow otherwise would be to violate the City's Land Development Code. Councilor Soucy then asked John Lord to further explain the ruling to the Committee. Mr. Lord then proceeded to detail the definition of this ruling. Mr. Lord stated that due to the zoning regulations there does not seem to be any other way to solve the problem. He also stated that he had to agree with Councilor Blanchette's comments that Mr. Chung's fellowship activities are beyond the residential use of the premises and thus generating the parking problem; that Mr. Chung should probably pursue other location(s) for his fellowship meetings . Another alternative to Mr. Chung's parking problem was offered by Staff such as car pooling which would allow Mr. Chung to still hold the meetings at his home. Staff stated that if complaints from neighbors of Mr. Chung's are received by the City however, then Staff will have no other choice but to investigate. So, the options suggested by Staff are offered as alternatives to the problem; it is up to Mr. Chung to follow-through. � A motion was made and seconded to deny Mr. Chung's request to lease City-owned land for parking. So voted. AGENDA ITEM #7 - C.O. #93-485, Amendi:ng Chapter III, Art. 6, Schedule I of the Laws and Ordinances of the City of Bangor - Parking Prohibited at Al1 Times - Otis Street This is the lst of 5 Council Orders which will be going back to Council for 2nd reading. Staff from the Police Dept. presented the aspects for each of the C.O. 's as explained below. . Due to recent changes in parking on State Street, nursing students have been parking on Otis .Street (they are prohibited from . parking in the EMMC parking lots) . This has impacted the Otis Street neighborhood considerably. The street is only 29 feet wide; the. usual desirable width is 10 feet per travel lane with 8 feet for parking; ideally a total of 36 feet wide is what Staff considers adequate. Parking Staff is recommending that the west side of Otis Street be prohibited from parking. As there are no residences on the east side of the street, which is adjacent to the parking lot of EMMC with no curb cuts to consider, this would allow room for parking vehicles on that side of the street. The land use on the west side of the street is totally multi-unit and they have • their own parking areas. 6 • A motion was made to approve the "Parking Prohibited at Al1 Times on Otis Street" (west side only) as presented. Seconded. So voted. AGENDA ITEM #8 - C.O. #93-487, Amending Chapter III, Art. 6, Schedule V of the Laws and Ordinances of the City of Bangor - Parking Prohibited Except for the Loading and Unloading for Commercial Uses and Taxicabs - Garland Street Parking Staff stated that 40 feet is the star._dard allowance for a loading zone. The loading zone in this vicinity of Garland Street will be 48 feet from the easterly curbline of Center Street and extending 40 feet in a easterly direction on the northerly side of said street as defined by signs. Councilor Soucy motioned that this amendment be approved until a further decision can be made regarding restricting an additional 21 feet on said street. Seconded. So voted. AGENDA ITEM #9 - C.O. #93-488, Amending Chapter II3, Art. 6, Schedule III of the Laws and Ordinances of the City of Bangor - Parking Li.mited to One Hour - Bellevue Avenue � This item is in response to Dr. Gallagher's request that 2 parking spaces for 1 hour each be allowed on Belleyue Avenue near his residence. Currently, this is posted as "No Parking from 8 AM to 6 PM" on both sides of the street. (This was originally designated no parking due to vehicle impact that resulted from Er�C. ) The amendment would call for 110 feet from the northerly curbline of State Street and extending 40 feet in a northerly direction on the easterly side of said street as defined by signs . Several residents of Bellevue Avenue have registered their opposition to this amendment. They are concerned that if parking was allowed that it would open up the rest of the street and then there would be problems like there had been in the past. Staff has invited these residents to the Council meeting on'Monday, Nov. 8th to express their views or to contact Councilors by letter. Councilor Blanchette asked if there were any signs in the City stating "Parking for poctors Office Only" . Staff responded that there is no defined Ordinance regarding this . Parking Supervisor Gary Jewell responded that. the City has the capability to enforce the 1 hour time li.mit. s � s. , 7 . Councilor Saxl stated her approval of the request for the 2 additional parking spaces for 1 hour parking on Bellevue Ave. ; that the issue of overtime parking enforcement can be easily handled by the Parking Supervisor and his Staff. With regard to EMMC's parking situation, this is a separate subject which should be addressed at another ti.me. Councilor Saxl then motioned to approve Dr. Gallagher's request. Councilor Sullivan seconded. Councilor Soucy voted against. A recommendation was made to forward this item to Council. AGENDA ITEM #10 - C.O. #93-489, Amending Chapter III, Art. 6, Schedule I of the Laws and Ordinances of the City of Bangor - Parking Prohibited at All Ti.mes - Penobscot Street Staff has proposed no parking for the entire length of the two-block section of Penobscot Street. As it is only 29 feet wide there is not sufficient enough room for parked cars and vehicles to move through safely, especially emergency vehicles. It was motioned to approve this amended request. Seconded. So voted. � AGENDA ITEM #11 - C.O. #93-490, Amending Chapter III, Art. 6, Schedule I of the Laws and Ordinances of the City of Bangor - Parking Prohibited at All Times - Newton Street Newton Street has only a width of 29 feet thus making it unsafe to accbmmodate two-way traffic when cars are parked on both sides. Staff recommends that parking be restricted to only one side of the street. Councilor Soucy motioned for approval of this amendment. Councilor Saxl seconded. So voted. AGENDA ITEM #6 - Update on Planning Issues John Lord, Planning Officer, briefed the Committee on two items that had come before the Planning Board at their meeting on Tuesday, Nov. 2, 1993 . These items pertain to Contract Zoning changes in a residential zoned area. The first item in question is simply changing contract conditions in a residential area on Davis Road thus eliminating the need to have a neighborhood association to take care of some open spaces . � 8 , The second item is a change on Mt. Hope Ave. in respect to the � existing nursing home. About 3-4 gears ago,. before the new Land Development Code was made nonconforming, Mt. Hope Ave. was eli.minated from the major street .list. This, consequently, put the � nursing home in a "limbo" status. - They are a nonconforming use in a urban resident zone - they need a small addition; they have a limited site - one more wing is possible. The Planning Board recommended 5 to 0 in favor on both of these items. There is no neighborhood opposition to these items. Misc. Business Ren Gibb stated that on Tuesday evening, Nov. 9th, at Fruit Street School there will� be a meeting with the East Side Neighborhood Association regarding some commercial development on the east side of Bangor. Ken, John Lord and Ed Barrett will be present to explain and answer citizens concerns, questions and comments. The Council is invited to attend. � Councilor Saxl asked what is the current status of the Juvenile Corrections Center. Ken Gibb replied that he would be calling the Commissioner on Thursday, Nov. 4th. He'll report his findings back to the Committee. Councilor Saxl also inquired as to the situation with the . Phenix Inn. Ren Gibb replied that this would be discussed in . Executive Session (at a future time) ; efforts are being made to come to a favorable solution. With no other business at hand, the meeting was adjourned at 6:30 PM. rp �