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HomeMy WebLinkAbout2010-03-08 10-090 ORDERCOUNCIL ACTION } Item No. 1.� 0 / ' () Date: March 8, 2010 Item/Subject: Authorizing Discontinuance Process for Second Street Avenue Responsible Department: Engineering Commentary: As the Council is aware, the Bangor Y recently announced plans to consolidate Y programs and services to the Y's Second Street location. This consolidation includes a plan to expand its existing facilities on Second Street. The expansion would encompass other properties on Second Street Avenue which the Y is in the process of acquiring. It would also include Second Street Avenue, so the Y has requested that the public street be discontinued. Attached is a letter requesting the discontinuance. The attached Order is the first step in the street discontinuance process as prescribed by 23 M.R.S.A. § 3026. This process requires notification to abutting property owners and public utilities. The City Engineer will subsequently hold a public hearing and submit a written report and recommendations to the City Council for final action. A map showing the proposed discontinuance is attached. Department H ad Manager's Comments: City Manager Associated Information: Council Order, Request Letter, Map Budget Approval: Finance Director Legal Approval: I Intro uced for Passage First Reading Referral _10',,0 Fes`_ Assigned to Councilor — Nealley �F 9AHC S 09 ,. March 8, 2010 CI`T'Y OF BANGOR oRA`Ef9 ED, (TITLE.) ORDER, Authorizing Discontinuance Process for Second Street Avenue WHEREAS, Second Street Avenue, formerly known as St. Michael's Court located northwesterly of Second Street was accepted as a public street on March 7, 1853 and subsequently widened on October 6, 1856; and WHEREAS, The Bangor Y is in the process of acquiring other properties on Second Street Avenue to facilitate an expansion of its current facilities at its Second Street location; and WHEREAS, The Y has requested that Second Street Avenue be discontinued as a public street to assure that the current street right-of-way can be utilized for the expansion project; and WHEREAS, Second Street Avenue will no longer be necessary to serve the public need; By the City Council of the City of Bangor. NOW THEREFORE, BE IT ORDERED THAT, The City Engineer is hereby authorized and directed to begin the process of discontinuing Second Street Avenue in accordance with the provisions of 23 M.R.S.A. §3026 and to submit a written report to the City Council for further action. IN CITY COUNCIL March 8, 2010 Motion Made and Seconded for Passage Passed DEPUTY CITY CLE # i n_n9n (TITLE,) A pori _ing Discontinuance Process for Second Street Avenue Assigned to Councilor �r4l' MAP 42 HUKCII,, A -,P All Ac zx r, yv m VHON (Z) /4 to 0 JO MRSA § 3026(1) arising from the requested discontinuance, with respect to any properties owned or to be acquired by the Y. In order to help the Y procure its phase one financing, our goal is to have the City Council take initial action on March 8, with final action at the first City Council meeting in April, following an in-house damages hearing by your department. Please feel free to contact me directly with any questions concerning this matter. I will also direct our project engineering firm to work closely with you to resolve any technical questions concerning the project or this request. Sincerely, r � Mike Seile — Chief Executive Officer PC: Robert Farrar, Acting City Manager Norman Heitmann, City Solicitor P. Andrew Hamilton, Esq., Eaton Peabody B A N G O R ILAdr 0.60. 7 3/3/2010 James D. Ring City Engineer, City of Bangor 73 Harlow Street Bangor, ME 04401 Re: Request for Street Discontinuance Dear Mr. Ring: I am writing this letter on behalf of the Bangor Y to request the City of Bangor's discontinuance of Second Street Avenue, with no public easement retained. The purpose of the request is to facilitate a planned consolidation of Y programs and services at the Y's Second Street location. The right-of-way of the, discontinued Second Street will be part of an expanded parking area to serve the Y's increasing number of members and program participants. Discontinuance of the street and public easement are necessary to assure that the right-of-way area can be used for this purpose. A loan closing to finance phase I of the Y's project — property acquisition and creation of the expanded parking area — has been tentatively scheduled for April 16, 2010. A second phase of the project, to expand the Y's existing building facilities at 17 Second Street, will depend on the success of a future fund- raising campaign. We will be having separate discussions with Bangor Hydroelectric Company and the Bangor Water District concerning relocation of their existing facilities in the Second Street Avenue right-of-way, or conveyance of private utility easements by the Y. Currently, the Y owns property at 17 Second Street identified in the City's tax maps as Map 42, Lot 4. In addition, the Y has recently purchased or has options on the following residential properties served by Second Street Avenue: 10 Sanford Street (Map 42, Lot 16) 12 Sanford Street (Map 42, Lot 17) 14 Sanford Street (Map 42, Lot 18) 16-18 Sanford Street (Map 42, Lot 19) 20 Sanford Street (Map 42, Lot 20) 35 Second Street (Map 42, Lot 6) 12 Second Street Avenue (Map 42, Lot 7) 10 Second Street Avenue (Map 42, Lot 7A) 18 Second Street Avenue (Map 42, Lot 8) We expect to close the Y's acquisition of all or most of the listed properties prior to a final Citi Council vote on the discontinuance. By this letter, the Y hereby waives all claims to damages under 17 Second Street • Bangor, ME 04401 •207-941-2808 • www.bangorY.org