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
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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
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ITII'I.P,d DireeHog City Staff to Tate the
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Establishing a Development District In
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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."
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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.
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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