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HomeMy WebLinkAbout2005-01-24 05-71 ORDERitem No 05-71 - Date: 1-24-05 Item/Subject: Order, Directing City Staff to Take the Necessary Steps to Begin the Process of Establishing a Development District in the Mall Area Responsible Department City Council/Executive Commentary: Councilor Stone has suggested that the City consider establishing a Development District similar to the Downtown Development District in the Bangor Mall area. The purpose of such a district would be to Improve landscaping/aestheea In the area; implement water quality improvement projects; and further I develop sidewalks/bikeways. In order to implement such a district, Its boundaries most be established, a development program identified, and a public hearing held. This will require a certain amount of work on / the part of staff prior to the public hearing and formal Council action. This proposal was discussed at the last Transportation and Infrastructure Committee meeting, where the Committee supported moving this suggestion forward The attached Order would direct staff to begin the Process. Please see the attached memorandum for additional information. Department Head Manager's Comments: Recommend approval. a n67l / i�City Manager Associated Infiamn On: Memorandum Legal Approval: Introduced for X PaaSage _ First Reading Referral Finance Page _ of as—]1 i` 01 AsaignedMCouncilar Stove Tavuety 26, 2005 CITY OF BANGOR (MILE.) ORDER, Nl ng Oty Raft to Take the Necessary Steps W Begin the Prod of Establishing a Development D' ffct In the Mall Area BE R ORDERED BY THE CITY COUNCIL OF TIE CRY OF BANGOR THAT City staff Is hereby directed m take Me necessary steps to begin the process of establishing a development district in the Bangs Mail area. IN CITT COMCIL January 26, 2005 Motion Made and seconded for Passage pa sge Z C BBH y 05-n 0HDRR ITII'I.P,d DireeHog City Staff to Tate the M cry tepa to Me a Protes6 Of Establishing a Development District In NvigowbCaunalor s rm �� 05-)1 January 6, 2005 To: Transportation and Infrastructure Committee Fr. Edward A. Barrett Su: Proposed Mall Area Development District BACKGROUND Councilor Stone has asked that staff review the potential for establishing a development district in the Mall area, similar W the downtown development district that is currently in place. His primary cencem in proposing such a district is to address the need for landscaping and beautification in the area, and such a district would allow for an additional tax assessment to fund this work. Prior to 2001, such a disblR was not permissible under some law since the Mall area did not meet the required conditions for establishing such a district. At Mat time, however, the statute was charged to allow far a development dlshict if at least 25% of the area is suitable for commercial uses. The purpose of Me proposed development district should also be expanded somewhat to include other City concerns in the area. This could include implementing recommended projects to improve water quality in the Penjajawoc Stream (which are likely to be coming forward next year as a result of the joint City/Department of Environmental Protection study of the stream) and developing addibonal sidewalks/bikeways in the Mall area. The overall purpose of such a district, therefore, would be to Improve landscaping/aesMeda in Me area; implement water quality improvement projects; and further develop sidewalks/bikeways. ISd_1C0101i/:L11Chill The Oty's ability to establish development distrlcs; Is limited under state law. In paraculaq the total area of a single development district cannot exceed 2% of the total acreage of the municipality. In addition, the total acreage of all development tlishicts cannot exceed 5% of the acreage of the municipality. What we would normally consider Me Mall area exceeds the 2% limit (at approximately 3.25%). As a result, any district in the Mall area would be limited to a subset of Me full area. This issue can potentially be addressed by ertablishing an initial district, leaving It in place for a period of time, and then creating a new district In Its place. In sell any development dii must meet the overall objective of the state statute, i.e., such district will "contribute to the economic growth or welFbeing of the municipality or M the betterment of the heall welfare or safety of the inhabitants of the municipality." os -n PROCEDURE FOR ESTABLISHING A DISTRICT In order to establish a development district, a public hearing must be held on establishing the district and adopting a development program for it. Notice of the hearing must be published a least 10 days poor W the hearing. At he hearing, Interested parties must be given a reasonable opportunity to present testimony concerning the proposed district or program. If an interested parry claims that the proposed district or program will result in a substantial detriment to that party's existing business in he municipality and produces substantial evidence to that effect, the legislative body must consider that evidence and whether any adverse economic effect of the district or program an that party is outweighed by the contribution made by the district or program to the economic growth or well-being of the dty or the betterment of the health, welfare, or safety of the inhabitants of the community. Following the public hearing, the Council can then vote on whether to establish such a district and to set a development program for it. The development program Is a statement of the actions that will be taken to provide new employment opportunities, retain existing employment, Improve or broaden he tax base, and Improve the physical facilities and structures or the quality of pedestrian and vehicular transportation within the development district. Once the district is established and a development program adopted, the Council can proceed to establish the assessments for the district. This should be done at the same time or prior to adopting the City's budget next lune. District funding would then become available on July 1, 201 The Council might also consider establishing an advisory committee for the dishct with a role similar to that played by the Bangor Center Management Corporation for he downtown district. '819111 rcPFyR1e\[P9NNi191g0 In order to address Councilor Stones concerns over landscaping and aesthetics in the Mall Area, I have asked various staff members to take certain actions that would allow some improvements to move forward with or without an established district. These inc ude: • Preparing an inventory of existing public landscaping in the mall area; determination the extent to which our annual planting program can be used to at least begin landscaping Improvements; • reviewing alternatives to supplement our planting program with other available plant materials from the Airport reforestation project and he City Forest Identifying appropriate areas for plantings in the mall area Preparing landscaping plans that can be used to guide these efforts. • Spot checking existing development in the area to Insure that site plan planting requirements are in place. ISSUES FOR CONSIDERATION The proposal to establish a development district in the Mall area is likely to raise a number of questions or concems. At this point, we do not know, for example, what the reaction will be of those who may be included in the distinct. From time to time in the past, the downtown development district has been controversial, although the level of controversy generally seems to be directly related to the additional tax rate required for the district. Since the entire Mall area cannot be placed in a district at the same time, this may also result in some concerns as to the equity of the proposal. In addition, the process of establishing a development district in the Mall area, putting in place the required development Program, and forming and staffing the recommended advisory committee will require a noticeable commitment of staff time and resources. A potion of this commitment will fall on our Planning staff, which is also currently engaged in updating the comprehensive plan. This may necessitate some trade offs In the schetluling of both projear. COMMITTEE/COUNCIL ACTION REQUESTED Prior to making this commitment W vrork on a mall area development district, staff is interested in determining whether the Committee, and the Coundl as a whole, are supportive of this proposal, at least in its current conceptual form. If support exists at the Committee level, we will prepare an order for Council consideration that will authorize us to move the project forward. We would also like your approval to focus our existing forestry resources on work in the Mall area to at least begin the beautification process. Over the years since the ice storm, we have emphasized restoration of our street tree populations in our developed residential areas. Issues in these areas have now generally been addressed, and it seems appropriate to Pows on our commercial areas. However, we wish you to be aware of this change of emphasis before it is implemented. CONCLUSION We look forwartl to reviewing this proposal with you on Tuesday. Should you have any questions or desire any additional information, please feel free to contact me. I Cc: Jim Ring Katherine Weber Rod McKay Norman Hellmann Dan Wellington