The URL can be used to link to this page

Home My WebLink About2010-04-12 10-145 ORDERCOUNCIL ACTION Item No. 10 145 Date: April 12, 2010 Item/Subject Order, Authorizing Discontinuance Second Street Avenue Responsible Department: Engineering Commentary: The Bangor Y requested that the City discontinue Second Street Avenue to facilitate an expansion of its current facilities. The expansion would encompass other properties on Second Street Avenue which the Y is in the process of acquiring. Second Street Avenue, formerly known as St. Michael's Court located northwesterly of Second Street was accepted as a public right of way on March 7, 1853. Second Street Avenue will no longer be needed for public purposes. Under 23 M.R.S.A. § 3032, the City retains ownership of such right-of-ways until formally discontinued. Pursuant to Council Order 10-090 the City Engineer gave notice of the purposed discontinuance and held a public hearing. This Order will accept the City Engineer's Report and discontinue Second Street Avenue in its entirety. Ma na er's Comments: Associated Information: Order, Engineer's Report, Location Map Budget Approval: Director Legal Approval: Intro uced for Passage First Reading Referral t) - Department Mead City Manager Finance " Y c City Solicitor Page _ of Assigned to Councilor — Nealley CITY OF BANGOR (TITLE.) Order, Authorizing Discontinuance of Second Street Avenue 10 145 April 12, 2010 WHEREAS, Second Street Avenue, formerly known as St. Michael's Court was accepted by the City as a public street on March 7, 1853 and subsequently widened on October 6, 1856; and WHEREAS, Bangor Y has requested that the City discontinue all of Second Street Avenue to accommodate expansion of the Bangor Y facilities on Second Street; and WHEREAS, Second Street Avenue is no longer necessary to serve the public interest; NOW, THEREFORE BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the attached Report of the City Engineer relative to the discontinuance of said Second Street Avenue is hereby accepted; and BE IT FURTHER ORDERED THAT In accordance with 23 M.R.S.A. § 3026, Second Street Avenue be discontinued in its entirety as a public street and removed from the Official City Map, with no retention of a public easement. IN CITY COUNCIL April 12, 2010 Passed CL)-� A? CITY CLERK ORDER (T1TLEJAuthnri7ing djjjj=tim,,,,, of Assigned to Councilor / i - ll �/1611� . CITY ENGINEER'S REPORT 10 A5 DISCONTINUANCE OF SECOND STREET AVENUE April 6, 2010 City of Bangor To the City Council: Pursuant to Council Order 10-090, passed on March 8, 2010, directing the City Engineer to discontinue Second Street Avenue in its entirety and in accordance with 23 M.R.S.A. §3026, the City Engineer reports: That of his intention to discontinue said Second Street Avenue, the City Engineer gave written notice to the following: SANFORD STREET PROPERTIES TIMOTHY HARVEY CHRISTOPHER DAVIS & ERIKA LEE 17 SECOND STREET 216 HAMMOND STREET 14 SANFORD STREET BANGOR, ME 04401 BANGOR, ME 04401 BANGOR, ME 04401 MAJESTIC PROPERTIES, LLC JOHN & LAURIE KARNES WILLIAM FRANZE MAINE REAL ESTATE MANAGEMENT, LLC 1005 OHIO STREET 121 SWAMP ROAD P.O. BOX 1193 BANGOR, ME 04401 BREWSTER, MA 02631 BANGOR, ME 04402 MARK MATHESON MARK & LAURI MATHESON JAMES TRIPLETT 35 SECOND STREET P.O. BOX 2173 79 BROADLAWN DRIVE BANGOR, ME 04401 BANGOR, ME 04402 BREWER, ME 04412 TIME WARNER CABLE BANGOR GAS COMPANY BANGOR HYDRO ELECTRIC COMPANY STEVE BOSSIE PATRICK TUBBS BRUCE SMITH 444 PERRY ROAD 21 MAIN STREET P.O. BOX 932 BANGOR, ME 04401 BANGOR, ME 04401 BANGOR, ME 04402 FAIRPOINT COMMUNICATIONS BANGOR WATER DISTRICT DAVE LEAVITT DON CAMMACK CITY OF BANGOR 615 ODLIN ROAD SEWER DEPARTMENT BANGOR, ME 04401 P.O. BOX MIKE PERRY BANGOR, ME 04402 ME CITY OF BANGOR MILES THEEMAN PAUL BOLIN PUBLIC WORKS 45 GROVE STREET 14 CHESTNUT TRAIL DANA WARDWELL BANGOR, ME 04401 BANGOR, ME 04401 REALTY OF MAINE ALICE BROWN DOUG DAMON JOHN KENNEY 94 MAPLE STREET 458 MAIN STREET 277 NORWAY ROAD BANGOR, ME 04401 BANGOR, ME 04401 BANGOR, ME 04401 JOHN MILLER ANDREW STURGEON 1786 ESSEX STREET 35 CHESTNUT TRAIL BANGOR, ME 04401 BANGOR, ME 04401 10 145 Said notice was also posted on the public bulletin board at City Hall and on one utility pole in the vicinity of the proposed discontinuance. In accordance with the notification given, the City Engineer conducted a public hearing on April 5, 2010 relative to the intention of the Municipal Officers of the City of Bangor to discontinue Second Street Avenue, which was originally accepted as St. Michael's Court on March 7, 1853 and subsequently widened on October 6, 1856 and as shown in City Plan Book 1, Page 23. City Plan Book 1 is on file in the City of Bangor Engineering Office. Attendees to the public hearing were Matt Daigle and Mike Seile, Bangor Y, Don Cammack and Chuck Spencer, Bangor Water District, Ray Boldoc, WBRC A/E. Don Cammack expressed concern regarding water services that were currently active at lots 6, 7, 7A, 8, 20, 21. A hydrant would need to be discontinued, which Bangor Water District would remove. And a water main needed to be cut and plugged. Mike Seile indicated the properties should be closed on by the Bangor Y and vacated on April 24, 2010. Upon discontinuance Bangor Y would undertake demolition of lots 6, 7, 7A, 8, 21 and 20 would likely take place this spring. Parking lot expansion expected to take place in June. Both Bangor Y and Bangor Water District representatives were in favor with no objections. Bangor Water District did not request a public easement to be retained. The City Engineer concluded the public hearing and made the following determinations: 1. There is no longer any public interest or need to retain Second Street Avenue as a public right of way. 2. The property encompassed by the discontinuance of Second Street Avenue shall revert to the adjacent property owners as provided by law. 3. The Bangor Y has secured options to purchase all properties abutting Second Street Avenue except the property identified as Lot 22 on Bangor Tax Map 42. The Y is in the process of securing an easement upon that property, however. 4. In accordance with 23 M.R.S.A. § 3026, abutting property owners are entitled to $0.00 damages. It is recommended that Second Street Avenue be discontinued and vacated in its entirety, and removed from the Official City Map, with no retention of a public easement for public utilities. Respectfully Submitted, James D. Ring, P.E. Director — IDS, City Engineer JDR/cas Attachments / F"a — \ ' Y t.,, -NI O 145 4 U�