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Home My WebLink About2015-07-27 15-263 ORDERCOUNCIL ACTION Item No. 15-263 Date: July 27, 2015 Item/Subject: Order, Acceptance of the City Engineer's Report to Discontinue a Portion of Maine Avenue and Texas Avenue. Responsible Department: Engineering Commentary: This order will accept the City Engineer's report to discontinue a portion of Maine Avenue and Texas Avenue. Under 23 M.R.S.A. § 3026, before discontinuing a road, the City Council must provide notice to abutting property owners. Notice was provided and the City Engineer provided a public hearing on July 21, 2015 at 10:00 p.m., Third Floor Conference Room, third floor, City Hall, 73 Harlow Street, Bangor. At the time and place set for the hearing. This order would accept the City Engineering's Report for the discontinuance of a portion of Maine Avenue and Texas Avenue. The portion of the roads in question are not used as a right-of-way nor needed for public purposes. This item will be reviewed at a pre -council meeting on July 27, 2015. Manager's Comments: Associated Information: Council Order, Report, Location Map Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral John M. Theriault, P.E. Department Head City Manager Finance Director City Solicitor Page _ of << 15-263 JULY 27, 2015 Assigned to Councilor Faircloth CITY OF BANGOR (TITLE.) Order, Acceptance of the City Engineer's Report to Discontinue a Portion of Maine Avenue and Texas Avenue. ORDERED, THAT the attached City Engineer's Report of the Director of Public Services relative to the discontinuance of said portions of Maine Avenue and Texas Avenue be and hereby is accepted,. NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT said portions of Maine Avenue and Texas Avenue right-of-ways be discontinued as a public ways, and removed from the official City map. In accordance with 23 M.R.S.A. § 3026, no public easements shall be retained in the portions of the public way hereby discontinued. IN CITY COUNCIL JULY 27, 2015 PASSED CITY CLE 15-263 JULY 27, 2015 CITY ENGINEER'S REPORT DISCONTINUANCE OF A PORTION OF MAINE AVENUE AND TEXAS AVENUE July 23, 2015 City of Bangor To the City Council: Pursuant to Council Order 15-242, passed on July 13, 2015 directing the City Engineer to discontinue unused portions of Maine Avenue and Texas Avenue and in accordance with 23 M.R.S.A. §3026, the City Engineer reports: That of his intention to discontinue unused portions of Maine Avenue and Texas Avenue, the City Engineer gave written notice (copy attached) together with a copy of Council Order 15-242 to the following: Bangor International Airport (Interoffice) 73 Harlow Street Bangor, ME 04401 Community & Economic Development (Interoffice) 73 Harlow Street Bangor, ME 04401 Bangor International Airport/Banair (Interoffice) 73 Harlow Street Bangor, ME 04401 Bangor Savings Bank Attn: Acct Dept P.O. Box 930 Bangor, ME 04401 Challenger Learning Center of Maine (PIP) 30 Venture Way Bangor, ME 04401 Said notice was also posted on the public bulletin board at City Hall and on two utility poles in the vicinity of the proposed discontinuance. In accordance with the notification given, the City Engineer conducted a public hearing on July 21, 2015 relative to the intention of the Municipal Officers of the City of Bangor to discontinue an unused portion of Maine Avenue and Texas Avenue as described below and depicted in Exhibit A: The portions of Maine Avenue and Texas Avenue were accepted as a public way in 1969. The Right of Ways width is 80 feet. The portion of Maine Avenue to be discontinued is located immediately east of the current Maine Avenue Roadway Right of Way and has portion of it located within Lots 15, 16, and 17 within the Maine Business Enterprise Park as shown on the Maine Business Enterprise Park "Amended" Subdivision Plan dated 1994. The portion of Texas Avenue to be discontinued is located between Corporate Drive (formerly Illinois Avenue) and Maine Avenue and the portion immediately west of the Current Maine Avenue Right -of -Way. 15-263 JULY 27, 2015 The public meeting commenced at 3:00 PM, and in attendance were the following individuals: John Theriault, PE, PTOE — Bangor City Engineer David Latulippe of CJ Developers — Representing Bangor Savings Bank Andy Hamilton of Eaton Peabody — Representing Bangor Savings Bank Paul Monyock of WBRC, Architects & Engineers — Representing Bangor Federal Credit Union The meeting began with John Theriault providing a brief description of the portions of Maine Avenue and Texas Avenue that the City of Bangor wishes to discontinue. Andy Hamilton provided a copy of the subdivision plan for the Maine Business Enterprise Park and John Theriault pointed out the portions of Maine Avenue and Texas Avenue that are to be abandoned within the Business Park. Both representatives for Bangor Savings Bank expressed concern that the discontinuance of the easterly portion of Texas Avenue would have a detrimental impact on the employees, customers, and deliveries to the bank. This portion of Texas Avenue provides access to one of the Banks site driveways. John Theriault explained that although the City wishes to discontinue this section of Texas Avenue, the city does not intend to remove the existing pavement or change the bank's access to Corporate Drive (formerly Illinois Avenue). The discontinuance of the street however will eliminate the City's maintenance responsibilities for street. John Theriault further explained that the elimination of the access from Texas Avenue to Maine Avenue is a condition of the Business Park's Traffic Movement Permit with the Maine Department of Transportation. This Permit was initially obtained in 2005 and updated in 2015. The representatives from Bangor Savings Bank said that they were not opposed to the City of Bangor complying with the requirements of the Permit at the Maine Avenue/Texas Avenue intersection, but believed that the City had a responsibility through the existing property lease agreement to maintain the public street to their access at Texas Avenue. A discussion was held concerning discontinuing the portion of Maine Avenue as depicted in Exhibit "A" but reducing the amount of Texas Avenue to be discontinued to the portion beginning at Maine Avenue and terminating at the easterly property line of Lot 13 within the Business Park (lot to be purchased by the Credit Union). This would maintain the access to the driveway of the bank to Texas Avenue and Corporate Drive. Paul Monyok, representing the Bangor Federal Credit Union said that this option was acceptable to the Credit Union. The City Engineer concluded the public hearing and made the following determinations: 1) There is no longer any public interest or need to retain the 80 foot wide unused portion of Maine Avenue Right -Of -Way that lies within Lots 15, 16, and 17 of the Maine Business Enterprise Park as a Public Way as 15-263 JULY 27, 2015 depicted within the Maine Business Enterprise Park "Amended" Subdivision Plan dated 1994. 2) There is no longer any public interest or need to retain the 80 foot wide unused portion of the Texas Avenue Right -Of -Way that lies on the west side of the currently used Maine Avenue Right -Of -Way as depicted within the Maine Business Enterprise Park "Amended" Subdivision Plan dated 1994. 3) There is no longer any public interest or need to retain the 80 foot wide unused portion of the Texas Avenue Right -Of -Way that lies on the east side of the currently used Maine Avenue Right -Of -Way and extends approximately 165 feet east along its southern border. This portion of Public Right -of -Way lies completely within Lot 13 of The Maine Business Enterprise Park as depicted within the Maine Business Enterprise Park "Amended" Subdivision Plan dated 1994. 4) The discontinued Right -Of -Way shall revert to the adjacent property owners as depicted in the Maine Business Enterprise Park "Amended" Subdivision Plan dated 1994. 5) In accordance with the provisions of 23 M.R.S.A. § 3026, abutting property owners are entitled to $0.00 in damages. It is recommended that said portion of Maine Avenue and Texas Avenue be discontinued and vacated, and removed from the Official City Map, with no retention of a public easement. "Exhibit B" will supersede "Exhibit A", to depict the final discontinuance. Respectfully Submitted, John M. Theriault, P.E. City Engineer JMT/cas Attachments I I E !!� )) , ^� ! I E