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HomeMy WebLinkAbout2006-05-09 Government Operations Committee Minutes � � � Government Operations Committee May 9, 2006 � Minutes Councilor Attendance: Allen, Greene, Hawes, Farrington, Palmer, Stone � Staff Attendance: Barrett, Farrar, Ring, Arno, Heitmann Others: Rod Towne, ]ohn Miiler, Mike Robinson, Bill Suliivan, � Alicia Nichols 1. Updated Progress Report— Proposed Multi-Purpose Athletic Complex OfF � Downing Road On December 28, 2005, the City Council approved Order 06-042 authorizing the � City Manager to execute a Memorandum of Understanding with the Bangor Soccer Club. The agreement outlined various conditions and timelines regarding the development of the athletic complex. On March 28th, the Bangor Soccer Club � met with the Government Operations Committee to provide a progress report. The Committee asked BSC to return in approximately one month to present � additional information and for City staff to review the proposed field layout and have further contact with the Air Guard regarding property/boundary line issues. With their agenda packet, the Committee received a copy of the Memorandum of Understanding. Towne spoke of the proposed site work. Due to boundary � issues, he said he was prepared to discuss only the minimum requirements to break ground at this point. Ring briefly reviewed the previous plan supplied by � the Club. Ring has prepared a second plan with a different layout. The previous plan shows an access road off Downing Road with a total of 6 full sized fields and 4 smaller fields. There has been a concern about the Guard's future land � use needs for expansion. Ring has met with the Guard recently. Ring then discussed his layout of the plan. He reviewed what the City owns and what the Guard needs. The Guard will need additionaf room for planned improvements. � Ring worked with a plan that showed the maximum amount of fields that could be accommodated on City property. It amounts to 5 full size fields. To add � another any more fields would require acquisition of additional properly. The main difference between the two plans is that the four practice fields have been combined into possibly two full size fields that are offered for the younger � children. He spoke about the entrance off Downing Road. In Ring's concept, he moved the entrance to the far side of the City owned property that is not Guard controlled. The plan shows 420 parking spaces, 20 bus spaces. The initial plan � by the Bangor Soccer Club would require an additional 40 acres. The second plan would require approximately 18 acres. Ring spoke about the fuel pipeline and the problems with it. Ring's suggestion would be to have the primary access � out to Union Street rather than Downing Road. � � � Towne asked Ring about the potential of water run off and the retaining pond. � Ring talked about the natural drainage and the need for stormwater ponds. Barrett talked about minimizing the need for stormwater retention ponds and looking at more natural methods. Towne talked about school buses being � capable of making turns into Ring's suggested parking area. Stone asked Towne if the property acquisition is built into the Club's budget. � Towne said it has not been planned for at this time. He talked about the bufFer zone not yet being established by the City. Barrett said that part of the � confusion centers around the Guard's needs. The Guard recently completed a master plan which indicates their need for a larger buffer zone for a security buffer, setback against their other instaflation. He said that if the City does need � other private properry should there be action taken sooner so that the land doesn't get used for other purposes. The land in question has been on the market for years at a fairly significant price. Responding to Stone, Barrett said it ! was not included in the original budgeting for the project. It was built around the 36 acres owned by the City as being sufficient and that changed when Guard � needed additional property. Towne invited the Councilors to attend a soccer game on any Sunday afternoon � to see 500 children playing the game. Stone asked about Hermon's plans for a soccer field. Allen said Bangor didn't want to be in competition with Hermon but - compatible. � Farrington wanted to be certain the project does not exceed financial capabilities. Responding to Farrington, Barrett said the land acquisition would � be in the estimated range of$400,000-600,000. In terms of the right of way for a road to the site off Union Street, the City does not have a right of way. It � would need to be negotiated with the property owner. The Guard may be interested in participating in the cost of the actual road itself as they need a secondary entrance/exit from the Guard base. � Responding to Allen, Ring talked about topography of the area. Once the center elevation of the fields is set, there will be necessary regrading. Responding to � Allen, Barrett said the target date was that by the end of April, a plan outlining the anticipated scope of work to be performed on the site would be submitted. It was delayed due to uncertainties. He suggested that Towne and the Club � meet with Ring to iron out conceptual issues regarding a design. July 31� is the next major deadline whereby the Soccer Club or a non-profit formed to do this would prepare and recommend a fundraising and solicitation goal for the project, , said Barrett. Before any work is done on the site, the Club is required to raise $250,000. Responding to Allen, Barrett said if more than three fields are planned there would need to be a primary access onto Union Street. Ring can � look for the best location. Towne said he will review this with his group for ' � � � feedback. The current agreement allows the Club to build three fields ofF Downing Road. Their minimum need is eight fields. Responding to Ailen,Towne said their first goal is to build two fieids. The third field will be with an artificial � surface. Towne provided copies of information regarding the two fields and associated costs. Alien asked Towne if he had access to funding to begin the project. Towne said the Soccer Club Board unanimously voted to donate � $25,000 to the project plus continued fundraising. Depending on the initial fundraising campaign, ground should be broken in the fall. Towne is concerned � about the access road so that they are not restricted to three fields. Barrett said that as soon as the Club is ready it can come back to this committee to present their fundraising goal, etc. Responding to Allen, Ring said he would be glad to � contact the Guard for a better idea in terms of their timing and a need for an additional access road. Barrett said he would be very cautious in contacting property owners until a firmer understanding has been met with the Guard. � Greene asked about the City's in-kind donations. Ring said the City isn�set up to do large volumes of earth work. He said it might be possible in the materials '�' area and will check into it. Responding to Greene, Towne said the Club has not started an earnest fundraising effort yet. � The item will return to the Committee in thirty days. When the Club is ready to discuss fundraising goals,Towne will notify the City. Responding to Allen, � Towne said that developing the first two or three fields does not make sense if there is no access road to complete the remaining fields. � 2. Request by Friends of Dakin Pool to be Authorized to Offer Naming Gift Opportunities to Help Fund Renovations at Dakin Pool � Mike Robinson, Bill Sullivan and Alicia Nichols were in attendance. The Friends of Dakin Pool will be commencing a capital campaign to raise $100,000 to renovate Dakin Pool. Nichols had contacted Barrett indicating that the Friends � are seeking permission to be allowed to offer naming gift opportunities as incentives for major contributions in five specific areas: Pool House, Picnic/Play Area, Walkway, Pool Deck, and Equipment Building. No gifts from alcohol or � tobacco companies would be solicited/accepted and consent from the City would be required. Responding to Allen, Barrett said the design, wording and location of the naming plaque would be approved in advance by the Parks and Recreation .� Director. Allen spoke of having Linda Packard's review of the plaque to provide input for a unique and classy type of plaque. Barrett explained that Packard Judd � is in downtown and performs work for the Ciry on its overall marketing campaign and park signs. Greene spoke of the proposed five plaques. He asked if several donors could be designated to one category. Nichols said that initially the / Friends are looking for individual donors. She said it is possible to consider a ■ change. In addition to naming rights, there would be donor recognition at the � � � site. Allen thought it unfortunate to exclude tobacco and aicohol companies. � Barrett said the wording is basically drawn from the City's current advertising policy. He stated it is at the Committee's discretion. Allen made a � recommendation to not be exclusive. She did state that specific aicohol and tobacco advertising should not be ailowed at the Pooi site. Hawes said it might be worth looking at sponsors for the Children's Miracle Nefinrork or other child � � oriented agencies. Palmer said the City's current policy is in place for a good reason but there needs to be flexibility. He would like to see a large donation and then appropriately handle it. Stone is personally opposed to both at a pool � area. The Committee asked the City Manager to prepare revised language providing some flexibility for advertising from tobacco and alcohol companies, with the understanding that anysuch naming rights/gifts would need to return to � the Committee for review and approval. 3. Citizen Concern — Noise Complaint Relating to Operation of Club Gemini, 190 � Harlow Street At the invitation of Councilors Allen and Palmer, Mr. Gerald Oleson, a resident of �� Court Street, met with the Committee to discuss noise concerns related to Club Gemini. Club Owners Matthew and Patrick Brannn, the Franklin Place � Condominium Association President, and representatives of the Police Department were notified of the meeting as well. Oleson said the noise continues to be a nuisance. He monitors the nights that seem to be worse than � others and he has e-mailed Council and City Manager. He cited specific dates. Arno spoke in general of the types and numbers of complaints received since the first of the year by the Police Department concerning Club Gemini. He said the � continuing problem is noise outside of the Club as patrons come to or leave the establishment. From an enforcement standpoint, the Police Department has to � issue a warning prior to taking enforcement action. There is a significant police presence at the area on the Club's busier nights and when the bar is closing. Some of the calls of complaint are initiated by the Brann's, some are officer initiated and lately, to a lesser extent, from the neighborhood (Court Street or � Franklin Place). Responding to Greene, Arno said the loitering Ordinance has provided ability to keep individuals from loitering but the problem still remains— � what the individuals do between the Club and their cars or vice versa. Hawes referenced the current agreement between the City and the Club allowing the Club a June ist deadline to construct a wall which will cut back on the noise � level. The Council agreed to allow the Club 60 days afiter the installation of the wall to reassess the situation. Heitmann said that Hawes is correct. A special amusement permit was issued on February 14th with the sound proof wall to be � completed by June ist and then an update for Council. The owners received a building permit on April 20th and the work is in progress at a cost of in excess of $20,000. Heitmann said there are two noise issues: inside (bass levels) and � outside (patrons). If the wall does take care of the bass noise, Hawes asked the � � � � Brann's if they would look at the possibility of either hiring an o�cer or having their bouncer placing a restriction timeframe for a particular individual not to enter the club; i.e. six months. Brann said he is confident that the wall will be � successful. They are not in a position to hire an officer at this point. Brann indicated the Club currentiy has a `black list'of 25-30 individuals asking them not � to return. Responding to Palmer, Brann said approximately 300-350 on a Friday night, 400 on Saturday evenings. Food and alcohol are sold at the site. The Club employs 24 part-time employees. Palmer thinks the Brann's have the inside � problems under control with the wall which is in progress but he is concerned about the outside noise level. Brann said the parking lot is a very frustrating issue and wished there was a way that the Club could hold more jurisdiction. He � said that the Club does not allow re-admittance in after 1 a.m. Regarding parking lot jurisdiction, Heitmann said he has thought that there is a possibility of creating some leasehold interest between certain times —some code jurisdictions � so the police would have the right to be there to enforce codes but Club Gemini would have the right to tell someone to leave the parking lot much like they do with the inside of the building. Hawes spoke about the Club's maximum number. ' f' Once the Club is full, she asked if there is still a waiting line outside. Brann said yes. Responding to Hawes, Brann said the rowdiness seems to be at the end of � the night. Palmer asked the Brann's for their thoughts regarding Heitmann's suggestion regarding the parking lot and asked if the bouncers could extend their work to the outside of the building. Brann thought it is a good idea but � their bouncer's policy is not to physically touch patrons. In the parking lot, it is a larger arena. He thought it would work well if the Club could issue a warning that would be enforcement by the police department. Palmer asked about the � noise and if the bouncers would be able to take care of noise problems in the parking lot. Brann encourages the Club's doormen to speak to the customers in the lot. Stone indicated there are proper and discreet ways to get tough and � send a message to individuals so that it won't happen again. Brann agreed but stressed that it needs to happen at every night club or bar in town, not just Club Gemini. Allen agreed with Brann. She agreed the parking lot situation needs t� � be defused. Greene asked Arno for his opinion. Arno encouraged the Brann's to continue taking care of problems before they happen. If patrons are visibly intoxicated, ask them to leave and if they don't, call the Police Department. He � encouraged the Brann's to turn patrons away who arrive intoxicated. Arno stressed that when Club Gemini is ctosing at 2 am it is also a very busy time for � the Department in other areas. Responding to Amo, Heitmann suggested that staff needs to look at the lease arrangement. The police can't be everywhere at one time. Heitmann sees his suggestion as an evolving process. The Brann's, ■ neighbors, City Council and City staff have a unique working relationship which ■ has resulted in improvements. Staff will come up with a plan and then meet with the Brann's. Allen asked about working with other clubs in the City. � Heitmann said it depends on the location and what control the City has in the area. Because of the parking lot, the City has more control at Club Gemini. � � � Some clubs currently hire police officers. Enforcement control at Club Gemini wiil � send a message. Hawes agreed that progress has been made with Gemini. The Brann's will return back to the committee on June 13th to report on the progress � of their work status. Heitmann said that date would be too eariy to report on noise levels. She also suggested another tour of the Club at that time as it keeps the dialogue open between ail invoived parties. Heitmann also suggested a � status report on addressing the outside noise in terms of the City providing greater jurisdiction in the parking lot. Hawes said that was her intent for June 13, not noise. � Committee adjourned at 6:50 pm. � � � � � � , � � � � � � � �