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HomeMy WebLinkAbout2005-06-13 05-203 ORDINANCECOUNCILACTION Item No. 05R03T Date: 6-13-2005 Item/Subject Ordinance, Adopting a New Article N of Chapter 23 of the Code of Ordinances - Penjajawoc Marsh/Bangor Mall Management Commission. Responsible Department: City Manager In accordance wird the recent Couidl Order dlrerblrg staff b implement the report of the Mall/Marsh Task Force, MIT has prepared the attached Ordinance establishmar the proposed Management Commission. The Initial membership Of the Commission would be the same as the Task Force, with twelve regular members and three ex- offwo members (0ry Manager, Director of Infrastructure, and Planning Officer). The inmal term of the members would be through the end Of this calendar year, after which the members would be appointed through the normal Courdl appointment process. The membership would mrmnpe m represent the interests included in ttre Task Force (landowners, bossiness owners/devebpes, Banger Lord Trust, Environmental Organlaa ions). The Commission would be charged with: developing a management plan to preserve environmental values while permltdng public access and use; a public access plan; monitoring the implementation of the Task Force report: mmerding how public funds should be expended in the area (per the Management Fund); eddy review and comment On proposetl development in the area; mordlnatirg with Other interested partes; and recommending other actions to the Cousin. The Me of the Commission in the development renew process is intended to occur early In the pmcras and complacent the review authority of the Manning Goad. The Commissbn would meet with potential developers to insure that environmental considerations are When into account early in the process in an effort W avod problems and issues in the formol approval processes at Planning Board and/or State level. This involvement wouH allow the Commission to make recommendations and suggedions to that may W beyond those items that can be considered in the formal land development renew and approval process. The ohliwrls would able establish a Penjajawoc Manh/Bangor Mall Management Fund that would receive proceeds "in Tax Reverent Financing Disticts b be established in the commercial areas Wentified In the Task Force Report This fund woulo he used for acquiring property, conservation and access easements, water quality immavement projects, and other projeds designed b benefit de ecological, rec2atlorel, and water quality values of the stream and marsh. The Commission would make remmirendatihns to the Council on how these funds should be spent The Co mcll woud be required to appropriate these funds and designate their use. The Council would also need w establish the arbital TF dismcts as commercial projects developed In the area. AfnENb 3Y5QVS 771T70K1* Department Head Manager's Comments: Recommend approval. y %w&I I 7 o.vld 4wwhdw NV �7_ /`iNManageer .9r,Wis/mor, rµt� City Mia AsS0e0 d It8r n : xj!.f. &Z -at . 'f1'"' Budget AApproval: y4 uu� Finance Director Legal Approval: try Solidtor Passage X First Reading Page _al • Referral to Transportation and Infrastructure, June 21, 2005 @ 5:00 P.M. Fwd "vr:. Aeuigmed to Cmmciloc Allen Juue 13, 2005 a CITY OF BANGOR (TITLE.) Ordinance, Adopting a New Article N of Chapter 23 of the Code of Ordinances— Penjajawoc Marsh/Bangor Mall Management Commission. WHEREAS, the Penjajawec Marsh/Bangor Mall Task Force was established by the City Council in September 2004; and WHEREAS, this Task Force, which Included representatives of landowners, developers with an interest in the area, the Banger Land Trust, other environmental organisations, and the City, was charged with developing recommendations on the policies that the City should adopt to guide furore development and conservation activides in this area of the community; and WHEREAS, the Task Force completed and submitted its final report to the City Counal in May 2005; and WHEREAS, the City Council accepted this Report on May 23, 2005 and directed Ory Staff to take the necessary steps to implement it, and WHEREAS, the Report recommended the creation of a Commission for the purpose of developing a management and access plan for the Penjajawoc Marsh/Bangor Mall area; and WHEREAS, the Report also recommended that a Management Fund be established for the purpose of funding the purchase of property and/or conservation easements within the Marsh/Stream area and W support water quality improvement projects associated with the Remedial Stream; NOW, THEREFORE, BE 11 ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT Chapter 23 of the Code of Ordeal S hereby amended through the sell of a new All N as follows: CHAPTER 23: BOARDS, COMMITTEES, AND COMMISSIONS ARTICLE W Penjajawoc Marsh/Bangor Mall Management Commission § 23-24. Establishment; membership. A. There is hereby established Me Penjajawoc Marsh/Bangor Mall Management Commission of the City of Bargor. This Commission shall consist of twelve regular members and three exroff do non- voting members. 05-203 § 2 33. Subcommittees authorised. The Commission may edabgsh subcommittees from time to time and as needed. To the extent feasible, such subcommittees shall Include equal representation from each of the qualification groups set forth in secthon 23-25 above. §?3-39. Management Fund Established. A. There Is hereby established the Penjejawoc Marsh/Bangor Mall Management Fund. B. This fund shall be used for the purpose of acquiring Ixopetty, conservation easements, public access easements, water quality Improvement projects, and such other public improvement projects as may benefit the ecological, recreational, and water quality values of the Penjajavmc Marsh and Stream. C. The fund shall be the recipient of Tax Increment nnandng proceeds from new commendal developments in the area designated for commercial development near the Marsh/Stream and located to the Nath and West of Stillwater Avenue and to the West of Kittredge Road, as delineated on the Penjajawac Marsh Commercial Development District Map on file In the Office of the City Clerk, subjed to the establishment of a Tax Increment nnandng District or Districts by the City Council D. Prior to expenditure of these funds, they must be appropriated by the City Council. B. The Intel membersof the Commission shall be the members of Me Penjajawoc Marsh/Bangor Mall Task Force, each of whom shall serve a term ending on December 31, 2085 or until their successor is appointad and qualified. C There shall also be three ex -officio members of the Commission, the City Manager, Director of NftastruUure and Development Support, and Manning Officer or their designees. D. Any regular member vacancy occumng prior to December 31, 2005 shall be filled by appointment of the Chair of the City Council who shall fill rhe vamncy in accordance with the guidelines of § 23- 25 below. E. Subsequent to December 31, 2005, appointments to the Commission shall be made by the CIN Council. § 23-25. Guidelines for selection of members. A. Three members shall own property in Me Penjajawoc Marsh/Bangor Mall area. B. Three members shall operate busies a have an interest in commercial development in the Peijajawoc Marsh/Bangor Mall area. C. Three members shall he members of the Bangor Wnd Trust, D. Three members shall he members of environmental organisations. § 23-26. Residency; salaries and compensation. Regular members of the Commission shall be selected primarily on the basis of the guideline outlined above, but preference may be given to appointing members who are residents of the City of Bangor. Regular members shall receive no compensmion for their service. § 23-27. Terms of office. A. Beginning with the appointments made by the City council after December 31, 2005, the term of each regular member shall be for three years or until his or her successor has been appointed and has qualified; provided that of the menbems first appointed after December 31, 2005, one from each group set forth in § 2]-25 shall be appointed for a tern of one year, one for a term of two years, and one Nr a tem of three years. B. Any regular member vacancy occurring after the initial round of appointments following December 31, 2005 shall be filled in the same manner for the unexpired! term. C. No regular member shall serve more than two complete consecubve terms. § 23-28. Means. The Commission shall annually elect a Chairperson and a Vice{hairperson. § 23-29. Purpose and Authority. Tte Commiaion is charged with developing a management and access plan for the Pegajawoc SMnm and Marsh. More specifically, the Commission Is authorised to: A. Develop recommendations for an overall management plan designed to preserre habitat and embonmental values while permlttlng public access and use; S. Develop recommendation for a public accts plan to support appropriate reveadanal uses and ecotounsm; C. Monitor the implementation of the recommendabons included in the Final Report of the Penjajawoc Marsh/Bangor Mall Task Force dated May 2005 and, where necessary, recommend charges; D. Develop recommendations of the expendlWre of public funds to be used for the purchase of property or caiservatim easements, public access projects, and water quality Improvement efforts; E. Provide reN and comment to developers on proposed commercial and residential development affecting the Penjajawoc Marsh for the purpose of providing advice and recommendations on how such cevelopmems can be designed to minimise Mer impact on the Penjajawoc Marsh and Stream; F. Coordinate virth other interested parties on Issues and projects involving this area; G. Make recommendations W the City Council on other actions, Including ordinance revisions, that may assist in the oorervaton of the Penjajavroc Marsh. § 2330. Development review and comment. R Is the Intent of the City M encourage early discussions between potential developers of property within the Penjajawoc Marsh/Bangor Mall Management Area and the Commission in an effort to insure that environmental considerations are taken Into account during the early stages of project development and to avoic, to the extent possible, subsequent controversies during formal procedures before the Planning Board or other regulatory hocks. Toward that end, the following procedures shall Iota followed: A. When the City becomes aware of a proposal to devebp property within the Penjajawac Marsh/Bangor Mall Management Area, as shovm on the Penjajawoc Marsh/Bangor Mall Management Area Map on file in the Office of the City Clerk, and where such development interest Is likely to result in a land development code application to the City, the Planning Ci shall inform the Commission of the proposal. B. The Commission Is authorised to meet with the potential developer to discuss the project and present recommendations and suggestions W the developer regarding the design of the development and the protection of the Penjajawoc Marsh and Stream, such recommendations to be consistent with the Comprehensive Man and Land Development Cede. C. The Commission is further authonsed to provide its comments and rewmmendatlons regarding such developments to the Planning Board for consideration by the Board at the time it reviews fs mel applications for such projects. D. Development review by the Commission is Intended to take place in advance of any formal consideration of a development proposal by the Manning Board. The requirements of this section shall in no way affect the rights of applicants under the Land Development Code or change ar modify established deadlines for proceeding before the Planning Board. § 2331. Meetings; annual report; quorum. A. The Commission shall meet at least quarterly and, prior to December 31 of each calendar year, shall prepare and submit to the City Caundl an annual report outlining Its acfi ties during the preceding twelve month period. B. A quorum shall comist of seven of the twelve non-CM/ employee commissiorcers § 2332. Cooperation from other oficros and departments. Bach officer and depaNnent of the City is hereby directed to give all reasonable aid, cooperation, and infomwtlon to the Commission or to the authorised assistants to the Commission when so requested. 05-203 MffiBBm EBBETITBTE C(i u r CITY OF BANGOR (TALE.) Ordinance, Adopting a New Article N of Chapter 23 of the Code of Ordinances— Formal Marsh/Bangor Mall Management Commission. WHEREAS, the Penjajawoc Marsh/Bangor Mall Task Force was established by the City Counal in September 2004; and WHEREAS, this Task Force, which included representatives of landowners, developers with an interest in the area, the Bangor Land Trust, other environmental organisations, and the City, was charged with developing recommendations on he policies that the City slhould adopt to guide future development and consemadon activities in his area of Me community; and WHEREAS, the Task Force completed and submitted its final report h the City Council in May 2005; and WHEREAS, the City Council accepted his Report on May 23, 2005 and directed City Staff to take the necessary steps to implement ib and WHEREAS, the Report recommended the creation of a Commission for the purpose of developing a management and access plan for the Penjajawoc Marsh/Bangor Mall area; and WHEREAS, the Report also recommended that a Management Fund be established for the purpose of funding the purchase of property and/or conservation easements within the Marsh/Stream area and to support water quality improvement projects assoaated with the Pemajawac Stream; NOWT TNEREFOREr BE nORDAINED BY ME CRY COUNCIL OF THE CRY DF BANGOR THAT Chapter 23 of the Code of Ordinances is hereby amended through the addition of a new Ankle N as follows: CHAPTER 2T: BOARDS, COMMITTEES, AND COMMISSIONS ARTICLE N Penjajawoc Marsh/Bangor Mall Management Commission § 23-24. EstiblishmenC membership. A. There Is hereby eslabl5hed the Penjaja al Marsh/Bangor Mall Management Commission of Me City of Bangor. Th¢ Commission shall consist of twelve regular members and three ex-olflclo non- wtng members. as -203 AImIIm® saasuR cars B. The initial members of the Commission shall be the members of the Penjajawoc Marsh/Bangor Mall Task force, each of whom shall serve a term ending on December 31, 2005 or until Meir successor is appointed and qualified. C. There shall also he three v-Wcfo members of the Commission, the City Manager, Director of Inflastructum and Development Support, and Manning DMcer car their designees. D. Any regular member vacancy mounting prior to December 31, 2005 shall he filled by appointment of the Chair of the City Council who shall fill the vacanq in accordance with the guidelines of § 23- 25 below. E. Subsequent to December 31, 2005, appoinbnents to the Commission shall be made by the City Council. § 23-25. Guidelines for selection of members. A. Three members shall own property in the Penjal Marsh/Bangor Mall area. B. Three members shall operate businesses or have an Interest In commercial development in the Pegajawoc Marsh/Bangor Mall area. C. Three members shall be members of the Bangor Land Trust. D. Three members shall he actve members of locally or nationally mown zed environmental organisatlore licants endorsed by the local offloers eeawwours. § 23-26. Residency; salaries and compensation. Regular members of the Commission shall be selected pdmadly on the basis of the gulcielines outlinetl above, but preference may he given to appointing members who are residents of the City of Bangor. Regular members shall recelye no compensation for Meir service. § 23-22. Terns of office. A. Beginning with the appointment; made by the City council after December 31, 2005, the tern of each regular member shall he for three years or until his or bar successor has been appointed and has qualified; provided that of the members first appointed after December 31, 2005, one from each group set Pont in § 23-25 shall be appointed for a term of one year, one for a term of two yeas, and one for a tem of three years. B. Any regular member vacancy mcuning after the initial round of appointments following December 31, 2005 shall be filled in the same manner for the unezpirM term. C. No regular member shall serve more than two complete consecutive terms. § 23-28.Officers. The Commission shall annually elect a Chairperson and a Vice -Chairperson. § 23-29. Purpose and Authority. The Commislon is charged with Eeveluplg a managermmt and access plan for the Penjajawoc Stream and Marsh. More specifically, the Commission is authorised M: 05-203 Nffi n SUBSTITOTe 00P2 A. Develop recommendations for an overall management plan designed W preserve habitat and environmental values white permd[ing public access and use; B. Develop recommendations for a pudic access plan to support appropriate recreational uses and ecotoudsm; C. Monitor the implementation of the recommendations included in the Final Report of the Penjajawoc Marsh/Bangor Mall Task Face dated May 2005 and, where necessary, recommend charges; D. Devetep recommendations on the expenditure of public foods to be used for the purchase of Property or conservation easements, public access projects, and water quality improvement efforts; E. Provide review and comment to developers on proposed commercial and residential development affecting the Pardajawoc Marsh for the purpose of providing advice and recommendations on how such developments can be designed to minimise their impact on the Penjajawoc Marsh and Stream; F. Coordinate wlth other Interested pardes on issues and projects involving this area; G. Make recommendations to the City Council on other actions, including ordinance revisions, that may assist in Me conservation of the Penjajawoc Marsh. § 23-30. Development review and comment. It is the intent of Uie Oty to encourage early discussions between potential developers of property within the Penjajawa Marsh/Bangor Mall Management Area and the Commission in an effort W Insure that environmental considerations are taken into account during the early stages of project development and to avoid, to the extent possible, subsequent controversies during formal procedures before the Manning Board or other regulatory bodes. Toward that end, the fallowing procedures shall be followed: A. When the City becomes aware of a pmponal to deveiop property within the Penjajawoc Marsh/Bargor Mall Management Area, as shown on Me Penjajawoc Marsh/Bangor Mall Management Area Map on file In the Office of the Ory Clerk, and where such development interest Is likely W result in a land development cads application to the City, the Planning Officer shall inform the Commission of the omWsal. B. The Commission is auMonsed to meet wbM the potential developer to discuss the pmject and present recommendations and suggestions to the developer regarding the design of the development and the protection of the Penjajawoc Marsh and Stream, such recammendadons to be consistent with the Comprehensive Plan and Land Development Code. C. The Commission is further authorised w provide its comments aM recommendations regarding such developments the the Planning Board for consideredon by the Board at the time it reviews formal applications far such pmjecb. D. Development review by the Commission is Intended to take place in advance of any formal consideration of a deveopment proposal by the Planning Board. The requirements of this section shall in no way affect the rights of applicants under Me land Deveopment Code or change or modify established deadlines for proceeding before the Manning Board. § 2131. Meetings; annual report; quorum. A. The Commission shall meet at least quarterly and, prior to December 31 of each calendar year, shall prepare and submit to the City Council an annual report outlining Is activities during the preceding twelve month penod. S. A quorum shall consist of seven of the twelve non -City employee commissioners § 2132. Cooperation from other officers and departments. 05-203 AMENDED S sTR'PfZ cm Each officer and department of the City is hereby directed to give all reasonable aid, cooperation, and information to the Commission or W the audio sed assistants to the Commission when so requested. § 2333. Subcommittees authorised. The Commission may establish subcommittees from time to time and as needed. To the extent feasible, such wbrommittees shall include equal representation from each of the qualification groups set form in section 23.25 above. § 23-34. Management Pond Established. A. There is hereby established the Penjajawm Marsh/Bangor Mall Management Fund. B. This fuM shall be used far the purpose of acquiring property, conservation easements, public access easements, water quality improvement Projects, and such other publk improvement projects as may benefit the ecWogical, recreational, and water quality values athe Penjajawoc Marsh and Stream. G The fund shall be the recipient of Tax Increment Financing proceeds from new mmmsMcal developments in the area designated for commercial development near the Marsh/Sbeam and bated to the Norm and West of Stillwater Avenue and to the West of Kittredge Road, as delineated on the Penjajaw Marsh Commercial Development District Map on file in the Office of the City Clerk, subject to the establishment of a Tax Ncremmt Financing Dlstrkt a Districts by the City Council D, Prior W expenditure of these funds, they, must be appropriatetl by the aty Council. Fwd "vr:. Aeuigmed to Cmmciloc Allen Juue 13, 2005 a CITY OF BANGOR (TITLE.) Ordinance, Adopting a New Article N of Chapter 23 of the Code of Ordinances— Penjajawoc Marsh/Bangor Mall Management Commission. WHEREAS, the Penjajawec Marsh/Bangor Mall Task Force was established by the City Council in September 2004; and WHEREAS, this Task Force, which Included representatives of landowners, developers with an interest in the area, the Banger Land Trust, other environmental organisations, and the City, was charged with developing recommendations on the policies that the City should adopt to guide furore development and conservation activides in this area of the community; and WHEREAS, the Task Force completed and submitted its final report to the City Counal in May 2005; and WHEREAS, the City Council accepted this Report on May 23, 2005 and directed Ory Staff to take the necessary steps to implement it, and WHEREAS, the Report recommended the creation of a Commission for the purpose of developing a management and access plan for the Penjajawoc Marsh/Bangor Mall area; and WHEREAS, the Report also recommended that a Management Fund be established for the purpose of funding the purchase of property and/or conservation easements within the Marsh/Stream area and W support water quality improvement projects associated with the Remedial Stream; NOW, THEREFORE, BE 11 ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT Chapter 23 of the Code of Ordeal S hereby amended through the sell of a new All N as follows: CHAPTER 23: BOARDS, COMMITTEES, AND COMMISSIONS ARTICLE W Penjajawoc Marsh/Bangor Mall Management Commission § 23-24. Establishment; membership. A. There is hereby established Me Penjajawoc Marsh/Bangor Mall Management Commission of the City of Bargor. This Commission shall consist of twelve regular members and three exroff do non- voting members. IH CIT4 COD9CII. Jwe l3. 2005 PixsC 8eedivg Hefe[xed [0 1YanapoxCa[iw avd frastrunture Committee TT IN CITY COUNCIL June 2L 2005 Motion Made and Seconded for Passage Notion Made and Secaoded to Amend by substitution Passed Notion Made and Seconded Co Accept Passage as Amended Vote: 9 yes Councilors voting yea: Allen. Ceahvell, O'Nrrico, Farrington. Gratwick. Greene. games. Stour 1 Tremble Passed After the vote Bob Guerette. Ryan Nfng and Harold Wheeler free the Plmaing Board Rrp[g9 d their concern to Che=cil CITY VF81Adapting a New Article Iv of Chapter 0£ [6e -Cog of uraiva3ce - fenlalawoo Barsh/gnngor Nall Bevagenent Commission AaIgned b Csoneibt Il l r k 05-203 ORDINANCE VF81Adapting a New Article Iv of Chapter 0£ [6e -Cog of uraiva3ce - fenlalawoo Barsh/gnngor Nall Bevagenent Commission AaIgned b Csoneibt Il l r