REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 11, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mr. Galvin, First Assistant Fire Chief Christiansen, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Speed.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Sadusky, and unanimously carried.
Mr. Carey moved for approval of the consent agenda, seconded by Mr. Salters and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 27, 2005
The Minutes of the Regular Council Meeting of June 27, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.
PRESENTATIONS - RECOGNITION OF SERVICES - FRANCIS WINSLEY, CAROL YOUNG, AND DAVID ANDERSON
On behalf of members of Council, Mayor Speed presented Mr. Francis Winsley with a Dover Cup in recognition of his service on the Planning Commission from June 2001 through June 2005; Ms. Carol Young with a Certificate of Recognition in recognition of her service on the Planning Commission from May 2004 through May 2005; and Mr. David Anderson with a Certificate of Recognition in recognition of his service on the Parks, Recreation, and Community Enhancement Committee from May 2004 through May 2005.
LUTHERAN SENIOR SERVICES OF DOVER, INC. - CONTRIBUTION IN LIEU OF TAXES
Mr. Robert E. Bunnell, Executive Director of Lutheran Senior Services of Dover, Incorporated, presented Mayor Speed with a contribution of $25,865 (for payment in lieu of taxes) for expenses associated with City services provided to Lutheran Senior Services throughout the year.
Mayor Speed expressed his gratitude and thanked Mr. Bunnell and Lutheran Senior Services for their contribution to the City.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 834 WEST NORTH STREET, OWNED BY EDEN HILL FARM, INC. AND THE STATE OF DELAWARE
A public hearing was duly advertised for this time and place to consider rezoning of property located at 834 West North Street, owned by Eden Hill Farm, Inc. and the State of Delaware. The property is currently zoned IPM (Industrial Park Manufacturing) and A (Agriculture) and the proposed zoning is TND (Traditional Neighborhood Design).
Planner's Review
Mr. Galvin, Director of Planning and Inspections, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #1). He reminded members that the TND zoning classification allows for the creation of a walkable, pedestrian friendly mixed use neighborhood with residential, commercial, and professional office areas. The Planning Commission recommended approval of the rezoning request for lands of Eden Hill Farm, Inc. located at 834 West North Street to rezone three (3) parcels consisting of 272.04+/- acres of land from IPM and A to TND. The subject parcels are located on the south side of West North Street and west of the railroad corridor and West Street. In formulating this recommendation, the Planning Commission also recommended acceptance of the General Overall Master Plan including the Master Comprehensive Development Standards Manual (Pattern Book) with its addendum of June 9, 2005 for the project in accordance with the conditions of approval outlined in the Development Advisory Committee (DAC) comments.
Public Hearing
Council President Williams declared the hearing open.
Mr. Gregg Moore advised members that he is a principle with Becker Morgan Group, Inc., who are the architects and engineers representing the owners of the property, Eden Hill Farm, Inc., as well as the equitable owners, Investment Properties Associates, LLC, and Dover Medical Properties, LLC. Mr. Moore provided a Power Point Presentation, reviewing the proposed development of the site, which will consist of professional office, residential, and commercial areas. It was his opinion that one of the strongest points of the plan is the open space, which will consist of over 120 acres.
Mr. Ruane stated that although there have been many compliments regarding the planned development, there has been concern regarding drainage. Responding, Mr. Moore stated that seven (7) stormwater pond locations have been outlined and the project has been designed with the knowledge of the constraints on the drainage basin. This project is contributing to both the Tar Ditch and Puncheon Run Drain Basins and those who are working on this project are aware of the drainage problems with each of these basins. Meetings have been held with DelDOT representatives in an attempt to encourage them to make improvements, along with the Conservation District, who are the responsible parties in overseeing the actual drainage calculations. Mr. Moore referenced the Development Advisory Committee’s (DAC) comments that mention that additional studies will be required to assure the downstream components of Dover that these areas will not be flooded. It was his feeling that DelDOT will be making improvements, both on the site for roadway extension, as well as to the Tar Ditch that should improve the drainage issues. Although these improvements are not a part of the project, Mr. Moore explained that the size and scale of this project have heightened awareness of the issues.
Mr. Ruane questioned who would be responsible for the downstream drainage study. Responding, Mr. Moore stated that the Kent Conservation District has submitted requirements regarding the study, which will be done during the final engineering phase by Becker Morgan Group. For further assurance he read item #2 contained in the DAC report from the Kent Conservation District, as follows: “This project outfalls to both the Puncheon Run and the Tar Ditch drainage systems which both have a well documented history of flooding downstream from this site. A downstream drainage study will be required for this project to determine the impacts of the site development on those systems. Stormwater management requirements for this site will be based on the results of the drainage study...”.
Mr. Ruane noted that the proposed West Dover Connector will significantly change travel patterns in the area of this project. The developers of Eden Hill Farm are ready to move forward with this project. Therefore, at least the initial phases of the development must be designed and have sufficient improvements to the existing road network to function in the interim. Concurring with Mr. Ruane, Mr. Moore indicated that growth projections and intersection analysis of the development’s impact on existing roads will be provided in the design and permit stages of the project.
Mrs. Janice Sibbald, 144 Blue Beach Drive, stated that she does not necessarily object to the Eden Hill Farm Project; however, there are residents of Crossgates whose homes are along the Puncheon Run who have now been charged $1,000 per year for flood insurance. It was her feeling that this is an indication of what is occurring in this area and that directing more water to the Puncheon Run will not help the situation. Mrs. Sibbald also noted that the City recently installed new water and sewer pipes, at a cost of $80,000, along North Street when DelDOT conducted roadway improvements. Such an expense is typically borne by the developer. The City of Dover has recently raised their taxes and fees and she requested that the fee in the amount of $80,000 be paid to the City of Dover so that the taxpayer’s are not held responsible for any costs associated with this project. Rather than the taxpayers, it was her feeling that the residents of the development would pay for the costs as a part of their housing. With regards to another issue of traffic and flooding, Mrs. Sibbald requested that the homeowners located on the east side of this project be given the same planning and consideration so that they are not forced to relinquish their present quality of life.
There being no one else wishing to speak, Council President Williams declared the hearing closed.
Mr. Carey moved for approval of the rezoning request for property located at 834 W. North Street, consisting of 272.04+/- acres, as recommended by the Planning Commission.
Mr. Carey moved for approval of the rezoning request for property located at 834 W. North Street, consisting of 272.04+/- acres, in accordance with the recommendation made by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of May 23, 2005.)
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 834 WEST NORTH STREET
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from IPM (Industrial Park Manufacturing Zone) and A (Agriculture Zone) to TND (Traditional Neighborhood Design Zone)
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from IPM (Industrial Park Manufacturing Zone) and A (Agriculture Zone) to TND (Traditional Neighborhood Design Zone) on that property located at 834 West North Street, owned by Eden Hill Farm, Inc.
ADOPTED: JULY 11, 2005
UTILITY COMMITTEE REPORT - JUNE 27, 2005
The Utility Committee met on June 27, 2005 with Chairman Carey presiding.
Street Waiver Request (Length of Dead-End/Cul-de-Sac Street) - Somerset Park Subdivision
In accordance with Appendix A, Article VI, Section A15 of the Land Subdivision Regulations, a street waiver request was received from Delta Acquisitions on McKee Road, LLC, for property located on the west side of McKee Road, west of the McKee Road and Scarborough Road intersection, known as the Somerset Park Subdivision. The applicants have requested a waiver of 271 feet from the maximum length of a dead-end/cul-de-sac street (400 feet) to permit the construction of a 671 foot cul-de-sac street, since the shape of the property would not provide room for an additional road on the site.
The Planning Commission recommended approval of the requested waiver from the maximum 400 feet length of a dead-end (cul-de-sac) street to allow for a street of 671 feet in length. Mr. Galvin, Director of Planning and Inspections, advised members that the Planning Commission recognized the design limitations of the width of the development parcel; however, they encouraged the applicant to work with the Department of Public Works to determine the location of a designated right-of-way in order to provide the opportunity for interconnection to the adjacent parcel south of this property.
The committee recommended approval of the requested street waiver to allow for a 671 foot cul-de-sac street for the Somerset Park Subdivision, stipulating that the developers work with the City on providing an interconnection to the adjacent parcel south of this property.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Annexation Request - Lands of Clifton & Marie Hutton - Kenton Road and Foxhall Drive
Members reviewed a request for annexation of three (3) parcels of land located near the intersection of Foxhall Drive and Kenton Road, owned by Clifton and Marie Hutton, with a zoning classification of RG-3 (Group Housing). The Department of Public Works has determined that the City does have the ability to provide utilities sufficient for the proposed uses.
The committee recommended that the City move forward with the consideration of the annexation request for three (3) parcels located near the intersection of Foxhall Drive and Kenton Road.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located on the northwest corner of Kenton Road and Fox Hall Drive and on the south side of Fox Hall Drive adjacent to Kenton Road, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for an area located on the northwest corner of Kenton Road and Fox Hall Drive on the south side of Fox Hall Drive adjacent to Kenton Road, situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 11th day of August, 2005 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in accordance with the City of Dover Charter.
ADOPTED: JULY 11, 2005
Annexation Request - Lands of Traci A. McDowell and Craig L. Gahm - 80 Nixon Lane
Members reviewed a request for annexation of property located at 80 Nixon Lane, owned by Traci A. McDowell and Craig L. Gahm, with a zoning classification of R-8 (Single Family Residence). It was noted that the original request was for a zoning classification of R-20 (One Family Residential). The Department of Public Works has determined that the City does have the ability to provide utilities sufficient for the proposed uses.
The committee recommended that the City move forward with the consideration of the annexation request for property located at 80 Nixon Lane.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located at 80 Nixon Lane, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for an area located at 80 Nixon Lane situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 11th day of August, 2005 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in accordance with the City of Dover Charter.
ADOPTED: JULY 11, 2005
Staff Report - Alternative Fuels
During the Regular Council Meeting of January 10, 2005, members accepted the Utility Committee’s recommendation directing the City Manager to investigate the use of alternative fuels and fuel vehicles. As a result, Mr. DePrima, City Manager, provided members with detailed information regarding alternative fuels, including bio-diesel fuel. He noted that switching to bio-diesel fuel would reduce air pollution, lessen dependence on foreign oil, support the agricultural economy, and reduce maintenance on City vehicles. Based on this information, Mr. DePrima indicated that he planned to switch to bio-diesel fuel
The committee recommended that the City Manager be authorized to move forward with the purchase of alternative fuel vehicles.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - JUNE 28, 2005
The Safety Advisory and Transportation Committee met on June 28, 2005 with Chairman Hogan presiding.
Consideration of Proposed Ordinance Amendment - Chapter 13, Motor Vehicles and Traffic - Section 13-30.2, Vehicle Parking Limited Where Carrying Capacity is in Excess of One Ton, and Trailer and Motor Home Parking
During their meeting of May 24, 2005, members of the committee considered the proposed amendment to Chapter 13, Motor Vehicles and Traffic, and, after much discussion, deferred the matter until the next meeting in order to allow Mr. Galvin, Director or Planning and Inspections, an opportunity to revise the proposed amendment to Section 13-30.2(d) to include a provision for motor homes. As a result, Mr. Galvin presented the proposed ordinance and recommended the addition of a new section (f) related to parking based on street size.
The committee recommended adoption of the ordinance amending Section 13-30.2 of the Dover Code as recommended by staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. (The First Reading of the ordinance will take place during the latter part of the meeting).
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.
EVALUATION OF BID - ELECTRIC POLE TESTING CONTRACT
The City of Dover conducts an ongoing maintenance program to treat and preserve wooden electric poles that make up the City’s electric infrastructure. This maintenance program allows the Electric Department to target rotten poles and replace them prior to jeopardizing the integrity of the electric system. The complete testing of all poles (transmission and distribution) throughout the City is accomplished through a ten-year cycle of conducting tests on 10% of the poles each year. July 1, 2005 will begin the fourth year of this ten-year cycle. In order to let bids for this contract, the City assumed testing on 344 poles. The low bid was received from Osmose Utilities Services, Inc., based on their total fees for the various required tests, which totaled $28,624.70. Members were provided details regarding the type of testing and the estimated quantity, which was used to determine the low bidder. Mr. DePrima emphasized that the total cost is an estimate only. The actual costs will be based on the number of poles that are inspected, how many poles require treatment, and the type of treatment that is necessary. However, he assured members that the total budgeted amount would not be exceeded.
Staff recommended awarding the three (3) year contract to Osmose Utilities Services, Inc. for the Electric Pole Testing.
Responding to Mr. Ritter, Mr. DePrima stated that the estimated cost of $28,624.70 is per year.
Mr. Carey moved to award a three (3) year contract for Electric Pole Testing to Osmose Utilities at an estimated cost of $28,624.70 per year for a period of three (3) years. The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote.
APPOINTMENT BY MAYOR SPEED - PLANNING COMMISSION FOURTH (4TH ) DISTRICT REPRESENTATIVE - CHARLES BENTON
Mayor Speed recommended the appointment of Mr. Charles Benton to serve on the Planning Commission as the Fourth (4th) District Representative for a term to expire June 2007, to fill the unexpired term of Ms. Carol Young.
By consent agenda, Mr. Carey moved for approval of the appointment of Mr. Benton as recommended by Mayor Speed. The motion was seconded by Mr. Salters and unanimously carried.
ANNEXATION REZONING REQUEST/FIRST READING - NORTHWEST CORNER OF KENTON ROAD AND FOX HALL DRIVE AND SOUTH SIDE OF FOX HALL DRIVE, OWNED BY CLIFTON AND MARIE HUTTON
A request was received for annexation and rezoning of property located on the northwest corner of Kenton Road and Fox Hall Drive and on the south side of Fox Hall Drive adjacent to Kenton Road, owned by Clifton and Marie Hutton. The property is currently zoned RS-1 - Single Family Residential (Kent County) and the requested zoning is RG-3 - Group Housing (City of Dover). Staff recommended that the request be referred to the Planning Commission on July 18, 2005 and that a public hearing be set for August 22, 2005. City Clerk’s Office Note: The referendum was set earlier in the meeting resulting from the Utility Committee’s recommendation.
Mr. Salters moved for approval of staff's recommendation. The motion was seconded by Mr. Sadusky and Council unanimously acknowledged the First Reading of the following ordinance, by title only.
In accordance with Section 1-6 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTHWEST CORNER OF KENTON ROAD AND FOX HALL DRIVE AND ON THE SOUTH SIDE OF FOX HALL DRIVE ADJACENT TO KENTON ROAD.
ANNEXATION REZONING REQUEST/FIRST READING - 80 NIXON LANE, OWNED BY TRACI A. MCDOWELL AND CRAIG L. GAHM
A request was received for annexation and rezoning of property located at 80 Nixon Lane, owned by Traci A. McDowell and Craig L. Gahm. The property is currently zoned RS-1 - Single Family Residential (Kent County) and the requested zoning is R-8 - One Family Residential (City of Dover). Staff recommended that the request be referred to the Planning Commission on July 18, 2005 and that a public hearing be set for August 22, 2005. City Clerk’s Office Note: The referendum was set earlier in the meeting resulting from the Utility Committee’s recommendation.
Mr. Salters moved for approval of staff's recommendation. The motion was seconded by Mr. Sadusky and Council unanimously acknowledged the First Reading of the following ordinance, by title only.
In accordance with Section 1-6 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 80 NIXON LANE.
FIRST READING - PROPOSED ORDINANCE
Council President Williams reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of July 25, 2005.
In accordance with Section 1-6 of the Dover Code, Council acknowledged the First Reading of the Ordinance Amendment as read by the City Clerk, by title only, as follows:
Chapter 13 - Motor Vehicles and Traffic, Division I - Generally, Section 13-30.2, Vehicle Parking Limited Where Carrying Capacity Is in Excess of One Ton, and Trailer and Motor Home Parking
COUNCIL MEMBERS COMMENTS
There were no comments by members of City Council.
Mr. Carey moved for adjournment, seconded by Mr. Sadusky and unanimously carried.
Meeting Adjourned at 8:27 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of July 11, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Petition to Amend the Zoning District - 834 West North Street