HomeMy WebLinkAbout2009-09-09 Business and Economic Development Committee Minutes � - .
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BUStNESS AND ECONOMIC DEVELCIPMENT COMMITt'�E
� Sept.9,2�tt9,�5:15 pm
Minu
Councitors: Chair Hawes,Blanchette,Bronson,Gratwick,Nealley,Stone,Patmer end Wheeler
� Staff: Barrett,McKay,Botduc ancf Heitmann
Others: Parks&Recreation Direc#ar Tracy Willette; Brian Enman,Golf Professional, Parks&Rec;
Chief Gastia,Bangar Police dept.;Parke Clernans,Republic Parking;Qwner of
� Charles tnn;Brad Ryder of Epic Sports;
COIIMSE�IT tAGENDA
� 1, Community pevelapment Residential Rehabilitation Loan—8Z South Street
2. Extension of Lease Agreement with Vicki L.Trundy,LCSA
� A motion was made by Councilor Stone and seconded by Councilo�Wheeler. Na discussian on the
Consent Agenda. Consent Agenda was unanimously passed.
� REGULAR AGENDA
Items 4 and 6 were reveirsed�n order#rom the Agenda as is reflected in the Minutes.
� 3. Beer Saies at Bangor Municipal Golf Caurse
Ci#y Salicitor Heitmann reviewed this item for the Cammittee stating that severa{years ago the State
� a#Maine changed the law cegardi�g sale of alcohol at galf courses. The City's concessiona�res,!eff and
Tina Murdy,had asked to be ailowed t+a sel!on the galf course;and the Ciry Caunci!agreed. The Murdys
have been seliing alcohoi naw for 3 seasons,daring the week,weekends and at taurnaments{they seil
� 6-8 beers in the coufse of a narmat day}, This year,they were infarmed by th�State that those servEng
alcohoi an the course had to be employees of the owner of the golf course,which in this case is the City,
r�ot the Murdys emp#oyees. City staff has con�irmed the State's interpretation;and alsa found xhat the
� 2004 amendment to the City ordinance limited the sales to weekends and tournaments and has to be
done under the conditions and terms as estabiished by the Parks and Recreation Dept. Director and
approved by the appropriate cammittee. Heitmann stated that at this time there are two areas that
� need ta be dealt with-the�rst is to laok at changing the ordinance. Staff re¢ommends changes to the
ordinance that wiH allow the use of the mobile service bar to serve alcohol beverages on the�olf courxe
c�n weekdays,weekends and during tournaments. 7hus,eliminate the requirement tha#it be limited to
� weekends and tournaments. Also,that it continue being under terms and conditions estabiished by the
Director of Parks and Recreation,but that the requirement that it has to be approved by the
CounciiJCommittee be taken out. Heitmann added that Council and Committee can have staff come
before them and give them updates periodically as how things are going.
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The second issue is that the alcohal solci has ta be dane by the errrp�oyees of the golf cvurse awner
{the City). The Merrdys wauld like the City ta hire their empioyees{they're part-time);they wouid then
� reimburse the City far the cost and the City would also be reimbursed for the cost af insurance required
ta s+ell alcahat,which the City can procure thraugh its curcent insurance provider the Maine Municipa!
� Association. These costs wauld be revenue neutral(not cost the City arry r»aney). 5#aff has reviewed
the specifics of hiring employees with the�it�s Human Resources Diviston to make sure that it complies
with the City's Persanne!Rules and Regulatians. Neitmann asked the Committee want they would like
� ta do regarding e►nplayees-have it in the agreement that the Murdys hire the employees they want
subject to the City's sfiandards,or have it advertised internally and e�ernally.
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Couroci(or Bianchette stated tha#as a point of information,she was on the Legai and Veterans
Committee when this taw came befare them and they voted it thraugh. It was dane for private golf club �
owners only. She stated that Bangar is one af oniy two municipal golf courses in the State of Maine
which fatl under a different category. She feels that if there needs to be adjustments to the ordinance at
this time that's fine. Councitar Blanchette added that to efFectively get�his corrected in the legislature �
that both Senatar Perry and Senator Plowman cauid go together on this as co-spansors,and then it
would carry a lat more weight. As far as it not taking effect ne�ct year,you can slide it through if you can
get the va#es in the Hause and Senate as an emergency measure that ciaesn't have to wait untii ninety �
days a�Fter adjournment. She thinks that this was an oversight that happened in the legislature and they
have the power to correct it and it needs ta be addressed.
Heitmann stated that this is very useful ta know;that he wiil contact Senators Plowman and Perry. �
Councilor Wheeler asked#hree questians of concern. a} wauld there be a significant differec�tial in �
the rate of pay if the part-time sellers are emplayed by the City as opposed to be emplayed by the
Murdys; b)with fihe additional cost of reimbursing the City for i�surance,how is this going to affect
yaur net profit on beer sales and c)what controls da we have in place in general over the sales of �
alcohol an a golf coucse as opposed to a fixed establishment when people are moving around in carts
and an foot.
City Solicitor Heitmann replied that the Murdys have a concession agreement ta sell in the cfub hause �
at the galf course but they cannot be seliing an the goif course unless the City agrees and as the
ordinance states whatever they do on the golf course with regard to sates,are under such terms and
conditic�ns as set by the Parks and Recreation Director and appraved by the Comrnittee. in terms afi �
add�tionai cost,#he additiana!cost has been revieured with the Murdys.The net effect is what the City
pays out,the Murcfys urifl be paying back;what they're paying back is what they wauld fi�ave been paying �
out ar�d have been paying for the last cauple af years. Tracy stated that the pay rate the Murdys pay
their employees is cansistent with the City's rate for temporary seasvna!employees.
Councilar Wheeler asked i#they have two different policies for sates on the caurse anci sales et the �
concessian building. �
Heitmann—yes,they do because these are two separate issues,two separate liability concerns. �
They would continue their liabilily far insurance in the building but they wouid drap the liability
insurance an the autside far the mabile service bar because the City would be paying it and they wo�ld
then reimburse the City. �
Cauncilor Nealley made a motion to allaw the City to move forward in their negotiatior�s with the
Murdys to hire their employee's contingent on the City's standards such as background checks;also fio �
allow continued mobile sales af alcohol for the weekdays,weekends and at tournaments. This motion is
consistent with Cauncilar Btanchette's comments that the real flx is at the State level whicn can be
worked an as weil. Secanded by Councilor Stcrne. Unanimously approved. This wili be on the City �
Council agenda#or Sept. 14,2009.
4. RE�ERRA1.—ORDtNANCE 09-278,Amending Map Entitled�Downtawn Parking Management �
District",Chapter 291,Sectian 37-B af the Code of the City af Bangor,by Deieting space#2245 on
Exchange Stree#
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� Rod McKay reviewed this item for the Committee stating that the new owners of 75-77 Exchange
� Street,(75-77 Exchange, LLC),are making improvements to the property and some changes to the drive
into the property. As part of the recommendation for traffic improvements was that they move the
entrance to 77 Exchange Street;to do this it would eliminate the last parking space on Exchange Street,
� on the left side going towards Washington Street. This item has been to the Downtown Parking
Advisory Committee and they recommend that the BED Committee grant this request. It wil!require an
Ordinance Amendment to delete space#2245. This is on the Cauncii Agenda for you�recommendation
� and Staff would so recommend.
Councilor Stone made a motion to move staff recommendation;seconded by Councilor Nealley.
� Unanimously approved. This will be on the City Council agenda for Sept.14,2009.
5. REFERRAL—ORDINANCE 09-277,Amending the Map of the Downtown Parking Management
� District liy Adding Ten('10)2-Hour.Parking Spa�ces on Hancock Street
Rod McKay reviewed this item for the Committee stating that this Ordinance wouid add 10 parking
spaces on Hancock Street between Oak Street and Exchange Street on the left hand side as you come
i down the hill and to designate those 10 spaces as 2-hour spaces. This has been before the Downtown
Parking Advisory Committee and they recommend that the BED Committee recommend to the full City
' Counci!that we add these spaces to the downtown parking district map and to make these spaces 2-
hour spaces in duration.
� Councilor Nealley motioned to move staff recommendation;seconded by Councilor Stone.
Unanimousty approved. This wiil be on the City Council agenda on Sept. 14,2009.
6. REFERRAL—ORDINANCE 09-276,Amending Map Entitled"Downtown Parking Management
' Dist�ict" by designating spaces 100 through 151,218 through 233, 1400 through 1409, 1430
through 1434,and 1300 through 1341 as"Ninety Minutes Parking"
� Rod McKay reviewed this item for the Committee stating that this proposal is to change the 1-hour
spaces on Main Street between Union Street and Hammond Street,on Central Street between
� Hammond Street and Harlow Street,and on Hammond and State Streets from Main Street up to
Exchange Street,to change those 1-hour 5paces to 90 minute spaces. This was recommended by
Councilor Wheeler. It has been to the Duwntown Parking Advisory Committee;they have
recommended against this proposed change primarily because of the concern that those who abuse the �
� use of these 1-hour spaces now,the change will make it easier for them to avoid parking tickets.
, Councilor Gratwick,Chair of the Downtown Parking AdviSory Committee,gave further background on
this issue. He stated that the parking committee wants to be serving the downtown merchants by
allowing people to shop and use services downtown for an appropriate amount of time such as 90
minutes or 2 hours. The difficulty is that there are a number of downtown employers who both
� themselves and their employees use the spaces. This is the primary reason that changing from 1 hour to
90 minutes parking is not going to be helpful;it would move the parking situation in the wrong
direction. However,if Committee decides to go forward with this change,Councilor Gratwick
, recommends that the proposal go back to the Downtown Parking Advisory Committee and consider
doing this change more consistently throughout the whote downtown. Some emails were received by
the City on this issue;out of 9 received,7 were in favor of this proposed change. Gratwick added that
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we need to do what is best for business. Perhaps have a survey to ailow a number of difFerent peopie
weigh in on the issue. �
Chief Gastia stated that the number of those receiving parking tickets are business owners anc!their
employees. He understands the conce�n here is that people who want to use the businesses downtown
do not have enough time;however,he believes that changing any of these proposed areas to 90 minute '
parking would defeat that cause. He feeis the p�oposed change is counter-productive and that we need
to keep searching for a solution. One of tfie.possible solutions is efectronic ticketing that has been
looked at for several years. It may be in the future that 90 minute parking would be a solution to give �
more people more time but he does not feel this is the case at the moment. He then explained how the
electronic ticketing works;he has been in discussions with Republic Parking about their experience with
this equipment with resp�ct to cost and success rates as they have used it in other parts of the country. 1
The equipment is very expensive,which is the major issue with electronic ticketing. They will continue .
to talk with Republic Parking and will keep the Committee updated.
The owner of the Charles Inn on Broad Street in the downtown stated that she is in favor of the ,
change from 1 hour.to 90 minute parking.
Brad Ryder of Epic Sports stated that as a previous member of the Downtown Parking Advisory �
Committee he was in favor of the 90 minufe parking. However,after reflecting more on the issue,he is
now in agreement with Chief Gastia that it would be det�imental to what we're trying to do in the '
downtown.
Councilor Stone stated that he agrees that adding 90 minute parking is not going to free-up more �
spaces—it will be the adverse of whaYs trying to be accomplished. He is not in favor of going to 90
minute parking in the downtown.
Councilor Nealley asked to have a percentage breakdown as to the current number of spaces in the ,
downtown that are 30 minutes,and 1 hour;and if this change were to go through,how many would be
90 minutes. He added that he never intended to have.all of the spaces go to 90 minutes.
Chief Gastia&Rod MeKay determined from the map on display that in the immediate downtown �
praper area where most of the businesses are located around 709'0 of the 120 proposed spaces would go
from 1 hour to 90 minutes.
Nealley added that in the downtown business setting, l hour is not sufficient time to go to lunch,do �
shopping,see your accountant or have a business lunch. This is why he was advocating as well that
some of these parking spaces become 90 minutes. It seems what the conversation has become is 90
minutes versus an hour as if we're transferring all 1 hour spots to 90 minutes and thaYs not what is �
happening. So,what i was trying to get to is what 9'o roughly would be 90 minutes versus for smaller
increments;otherwise I would just support moving more to 90 minutes.
Barrett replied that looking at the proposal the highest demand spots in downtown are the ones ,
that are being addressed—on Main Street and on Central Street. There are other 1 hour spots that are
adjacent off to the side like Cross St.,Columbia St.,and some of those areas would still be 1 hour. The 2
hour spaces tend to be in less demand areas. The police dept.would prefer keeping the.system as �
simple as possible for enforcement reasons—so if there was a mix of timed parking spaces in the
downtown,it would be a little more di�cult to patrol. �
Councilor Blanchette expressed that she feels the 90 minute time change should be tried. '
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Councilor Bronson suggested that perhaps we could delay a final decision on this untii Chief Gastia
� and Republic Parking could report back quickly on the electronic ticketing technology to see if it would
be something that can be done. Also,have them come back with a recommendation on time limits for
handicap spaces. With this information then the Committee can vote on this issue with all of the facts in
, hand.
Councilor Wheeier stated that in his contacts with the downtown community over the past few years
the foremost concern expressed to him was`we have to make downtown more inviting for people to
' shop and do business'. The time of the parking limits was seen by just about everybody as the principle
reason that people don't come downtown and shop, have lunch.or when they do come down,they have
to leave the store after only 20-25 minutes because by the time they get to the store and by the time
, they can back to their car,most of their i hour has expired. With all due respect to every argument
against this ordinance, I made a promise to those downtown people that i would try to get something
done about this,with no guarantee that it would work. I don't make promises that t dan't try to keep
and I certainly don't promise to do things that I don't believe in. What we've been doing in this entire
, discussion is focusing on the problem and not on�he solution. It seems to me that if we are willing to
take the first step towards the solution,and I know that this first step is not the entire soiution and
there probably is no 10096 perfect solution,that's a given, I accept that and so does everybody sitting
� around this table. It's primarily the responsibility of the people who own and operate the businesses to
see to it that their employees don't take up spaces that should be and could be available to customers.
� This proposal is a first step that needs to be taken ratlier than delay,and wait for more data,studies and
more opinions. If my fellow councilors have read their emails today you will see that the vast majority
of people who have weighed in on this are in favor of the 90 minute limit as opposed to 1 hour. One
� example is from the Executive Director of the Children's Museum,one of downtown Bangors largest
attractions and best assets. She told me that she has had many people bring their children in and it
takes a while for the kids to get through the museum and then when they come back to their
automobile they find they've got a parking ticket. $10 at one time,now it's$12;there was a proposal
� for$15. Maybe we have to consider a graduated fine for those who are detected as being repeat
offenders. I think the technology is one of the ways that we can move closer to a solution if that's
possible. But let's not wait—the spaces tFiat I have proposed to be changed from 1 hour to 90 minutes
� were chosen with deliberate intent—those are the spaces that are close to the retail stores and
restaurants. And these are the types of businesses we've been trying to attract to come back to
downtown for 30 years. My reason,my intent and my goal in introducing this change of ordinance is to
� give downtown Bangor more opportunity to grow and thrive and to give the people of Bangor who
remember what it was like to shop downtown years ago a reason to come back. Why must we continue
to worry about the little details about how much more difficult it may be to enforce or how many spaces
� are 1 hour, how many are 30 minutes, how many are 2 hours,why can't we just give this a try. I am very
anxious that we give it a try rather than spend endfess hours in meetings talking about why it won't
work;we don't know it won't work. So IeYs do it.
, Councilor Nealley made a motion to move that the proposal to change parking in the downtown
from 1 hour to 90 minutes as presented go to full Council with recommendation of this Committee.
� Councilor Wheeler seconded. This item will go to the City Council on Sept.14,2009 to. So voted.
Meeting adjourned.
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