HomeMy WebLinkAbout1993-11-03 Community and Economic Development Committee Minutes COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
Wednesday, Nov. 3, 1993
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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.
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• 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
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� 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.
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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.
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, 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.
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• 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.
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. 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 .
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, 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.
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