REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 24, 2000 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. McGlumphy, Mr. Pitts, Mr. Gorman, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, and Mr. Weller.
Council staff members present were Chief Faulkner, Mr. Cooper, Mr. O'Connor, Mr. DePrima, Mrs. Green, and Mr. Rodriguez. Chief Carey was absent.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen 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 Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone requested the addition of item #5B, Proposed Contract - Holark Systems Grant Writing Services. Mr. Salters requested the deletion of items #8G - #8K, Monthly Reports. Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Weller and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 10, 2000
The Minutes of the Regular Council Meeting of July 10, 2000 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.
RESOLUTION - ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN AND TRUST ADOPTION AGREEMENT
Mr. O’Connor explained that ICMA requires the adoption of an implementation Resolution authorizing them to act as the City’s depository for the Deferred Compensation Plan. By motion of Mr. Salters, seconded by Mrs. Malone, Council adopted the following Resolution by a unanimous roll call vote:
RESOLUTION OF THE CITY OF DOVER, DOVER, DELAWARE (“EMPLOYER”)
WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, the establishment of a money purchase retirement plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and
WHEREAS, the Employer desires that its money purchase retirement plan be administered by the ICMA Retirement Corporation and that the funds held in such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans.
NOW, THEREFORE, BE IT RESOLVED that the Employer hereby establishes or has established a money purchase retirement plan (the “Plan”) in the form of The ICMA Retirement Corporation Governmental Money Purchase & Trust, pursuant to the specific provisions of the Adoption Agreement (executed copy attached hereto). The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries.
BE IT FURTHER RESOLVED that the Employer hereby executes the Declaration of Trust of the ICMA Retirement Trust, and attached hereto, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the plan are to be invested in the ICMA Retirement Trust.
BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the ICMA Retirement Trust.
BE IT FURTHER RESOLVED that the Finance Director/Treasurer shall be the coordinator for the Plan; shall receive reports, notices, etc., from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the Employer, any required votes under the ICMA Retirement Trust; may delegate any administrative duties relating to the Plan to appropriate departments.
BE IT FURTHER RESOLVED that the Employer hereby authorizes the Finance Director/Treasurer to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of the Plan.
ADOPTED: July 24, 2000
ANNEXATION REFERENDUM/REZONING PUBLIC HEARING - PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF U.S. ROUTE 13 AND RUSTIC LANE - OWNED BY PARADEE OIL, JOHN W.K. MEREIDER, JOY L. LAROCQUE, JOY L. AND ARMAND A. LAROCQUE
An annexation referendum was held on July 13, 2000 for property located on the southeast corner of the intersection of U.S. Route 13 and Rustic Lane, owned by Paradee Oil, John W.K. Mereider, Joy L. Larocque, Joy L. and Armand A. Larocque. The equitable owner is Cracker Barrel Old Country Store.
Referendum Results
The City Clerk reported that the referendum was held on July 13, 2000 with four (4) eligible voters; one (1) voter owned two (2) parcels and was eligible to vote twice. There were five (5) votes cast in favor of the annexation, with no votes cast against annexation.
Mr. Carey moved to accept the results of the annexation referendum, seconded by Mrs. Malone and unanimously carried.
Annexation
By motion of Mr. Carey, seconded by Mrs. Malone, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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 contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover; and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
Parcel #1 - Paradee Oil (Tax Map Parcel No. ED-00-057.00-05-03.00-000)
ALL that certain lot, piece or parcel of land, with the improvements thereon erected, situated in East Dover Hundred, Kent County and State of Delaware, lying at the southeasterly corner of the intersection of Rustic Lane and U.S. Route 13, being bounded on the northwest by Rustic Lane, on the northeast by lands now or formerly of Joy L. Larocque, on the southeast by lands now or formerly of the State of Delaware and on the southwest by U.S. Route 13, and being more particularly bounded and described in accordance with a plan entitled “Property Annexation Plan for Cracker Barrel Old Country Store” as prepared by Scott Engineering, Inc., Consulting Engineers and Surveyors, dated May 5, 2000, as follows to wit:
BEGINNING at a point of intersection of the southeasterly right-of-way line of Rustic Lane, at 50.00 feet wide, with the northeasterly right-of-way line of U.S. Route 13, at 150.00 feet wide; thence from the said point of beginning and running with the southeasterly line of Rustic Lane, North 50◦ 00' 00" East - 200.00 feet to a point, a corner for this parcel and lands now or formerly of Joy L. Larocque; thence along the line for lands of said Larocque South 39◦ 58' 00" East - 233.51 feet to a point in line for lands now or formerly of the State of Delaware Police Academy, a corner for this parcel and lands of said Larocque; thence along the line for lands of the State of Delaware South 52◦ 14' 00" West - 200.00 feet to a point in the northeasterly line of U.S. Route 13, a corner for this parcel and lands of the State of Delaware; thence along the northeasterly line of U.S. Route 13, North 40◦ 00' 15" West - 225.72 feet to the point and place of beginning. Containing within the above described metes and bounds 1.05 acres of land, being the same more or less.
Parcel #2 - Joy L. Larocque (Tax Map Parcel No. ED-00-057.00-05-07.00-000)
ALL that certain lot, piece or parcel of land, with the improvements thereon erected, situated in East Dover Hundred, Kent County and State of Delaware, lying on the southeasterly side of Rustic Lane, a short distance northeast of U.S. Route 13, being bounded on the northwest by Rustic Lane and lands now or formerly of John W. K. Mereider, on the northeast by lands now or formerly of John W. K. Mereider and other lands now or formerly of Joy L. and Armand A. Larocque, on the southeast by lands now or formerly of the State of Delaware, and on the southwest by lands now or formerly of Paradee Oil, and being more particularly bounded and described in accordance with a plan entitled “Property Annexation Plan for Cracker Barrel Old Country Store” as prepared by Scott Engineering, Inc., Consulting Engineers and Surveyors, dated May 5, 2000, as follows to wit:
BEGINNING at a point on the southeasterly right-of-way line of Rustic Lanes, at 50.00 feet wide, at a corner for this parcel and northerly most corner for lands now or formerly of Paradee Oil, said point being further located North 50◦ 00' 00" East - 200.00 feet from the intersection of the southeasterly line of Rustic Lane with the northeasterly line of U.S. Route 13, at 150.00 feet wide; thence from the said point of beginning and running with the southeasterly line of Rustic Lane, North 49◦ 54' 42" East - 20.00 feet to a point, a corner for this parcel and lands now or formerly of John W. K. Mereider; thence along the line for lands of said Mereider South 40◦ 00' 00" East - 200.00 feet to a point thence continuing with same north 50◦ 00' 00" East - 145.00 feet to a point in line for other lands now or formerly of Joy L. and Armand A. Larocque, a corner for this parcel and lands of said Mereider; thence along the line for other lands of said Joy L. and Armand A. Larocque South 40◦ 00' 00" East - 37.49 feet to a point in line for lands of the State of Delaware Police Academy, a corner for this parcel and other lands of said Joy L. and Armand A. Larocque; thence along the line for lands now or formerly of the State of Delaware South 51◦ 22' 12" West - 165.18 feet to a point, a corner for this parcel and lands now or formerly of Paradee Oil; thence along the line for lands of said Paradee Oil North 39◦ 58' 00" West - 233.51 feet to a point on the southeasterly line of Rustic Lane, the point and place of beginning. Containing within the above described metes and bounds 0.2267 acres of land, being the same more or less.
Parcel #3 - John W. K. Mereider (Tax Map Parcel No. ED-00-057.00-05-04.00-000)
ALL that certain lot, piece or parcel of land, with the improvements thereon erected, situated in East Dover Hundred, Kent County and State of Delaware, lying on the southeasterly side of Rustic Lane, a short distance northeast of U.S. Route 13, being bounded on the northwest by Rustic Lane, on the northeast by lands now or formerly of Joy L. and Armand A. Larocque, on the southeast and southwest by other lands now or formerly of Joy L. Larocque, and being more particularly bounded and described in accordance with a plan entitled “Property Annexation Plan for Cracker Barrel Old Country Store” as prepared by Scott Engineering, Inc., Consulting Engineers and Surveyors, dated May 5, 2000, as follows to wit:
BEGINNING at a point on the southeasterly right-of-way line of Rustic Lane, at 50.00 feet wide, at a corner for this parcel and northerly most corner for lands now or formerly of Joy L. Larocque, said point being further located the following two (2) courses from the intersection of the southeasterly line of Rustic Lane with the northeasterly line of U.S. Route 13, at 150.00 feet wide: (1) North 50◦ 00' 00" East - 200.00 feet; thence (2) North 49◦ 54' 42" - East 20.00 feet to the point of beginning; thence from the said point of beginning and running with the southeasterly line of Rustic Lane, North 50◦ 00' 00" East - 145.00 feet to a point, a corner for this parcel and lands now or formerly of Joy L. and Armand A. Larocque; thence along the line for lands of said Joy L. and Armand A. Larocque South 40◦ 00' 00" East - 200.00 feet to a point, a corner for this parcel and other lands of Joy L. Larocque; thence with the line for other lands of said Joy L. Larocque South 50◦ 00' 00" West - 145.00 feet to a point; thence continuing with the same North 40◦ 00' 00" West - 200.00 feet to a point on the southeasterly line of Rustic Lane, the point and place of beginning. Containing within the above described metes and bounds 0.66 acres of land, being the same more or less.
Parcel #4 - Joy L. and Armand A. Larocque (Tax Map Parcel No. ED-00-057.00-05-06.00-000)
ALL that certain lot, piece or parcel of land, with the improvements thereon erected, situated in East Dover Hundred, Kent County and State of Delaware, lying on the southeasterly side of Rustic Lane, a short distance northeast of U.S. Route 13, being bounded on the northwest by Rustic Lane, on the northeast by lands now or formerly of Myrtle K. Biddle, on the southeast, in part, by lands now or formerly of Tidewater Utilities, Inc. and, in part, by lands now or formerly of the State of Delaware, and on the southwest, in part, by other lands now or formerly of Joy L. Larocque and by lands now or formerly of John W. K. Mereider, and being more particularly bounded and described in accordance with a plan entitled “Property Annexation Plan for Cracker Barrel Old Country Store” as prepared by Scott Engineering, Inc., Consulting Engineers and Surveyors, dated May 5, 2000, as follows to wit:
BEGINNING at a point on the southeasterly right-of-way line of Rustic Lane, at 50.00 feet wide, at a corner for this parcel and the northerly most corner for lands now or formerly of John W. K. Mereider, said point being further located the following three (3) courses from the intersection of the southeasterly line of Rustic Lane with the northeasterly line of U.S. Route 13, at 150.00 feet wide: (1) North 50◦ 00' 00" East - 200.00 feet; thence (2) North 49◦ 54' 42" East - 20.00 feet; thence (3) North 50◦ 00' 00" East - 145.00 feet to the point of beginning; thence from the said point of beginning and running with the southeasterly line of Rustic Lane, North 50◦ 00' 00" East - 155.00 feet to a point, a corner for this parcel and lands now or formerly of Myrtle K. Biddle; thence along the line for lands of said Biddle South 40◦ 00' 00" East - 241.20 feet to a point in line for lands now or formerly of Tidewater Utilities, Inc., a corner for this parcel and lands of said Biddle; thence, in part, with the line for lands of said Tidewater Utilities, Inc. and, in part, with the lands now or formerly of the State of Delaware Police Academy South 51◦ 22' 12" West - 154.91 feet to a point, a corner for this parcel and other lands of Joy L. Larocque; thence, in part, along the line for other lands of said Larocque and lands now or formerly of John W. K. Mereider North 40◦ 00' 00" West - 237.49 feet to a point on the southeasterly line of Rustic Lane, the point and place of beginning. Containing within the above described metes and bounds 0.8581 acres of land, being the same more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification of C-4 (Highway Commercial) in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 25th day of July, 2000 at 12:01 a.m.
ADOPTED: JULY 24, 2000
Public Hearing - Zoning Classification
The City Planner, Mr. Tony DePrima, explained that the properties are currently zoned as IG (General Industrial) and BG (General Business) in the County. He explained that there are four (4) parcels, consisting of 2.8+/- acres, located on the northeast corner of Route 13 and Rustic Lane (1481-A North DuPont Highway, and 3 unaddressed lots behind it which front on Rustic Lane). Parcel #1 consists of 1.05+/- acres and is currently an abandoned gas station; Parcel #2 consists of 0.23+/- acres and is currently used as a salvage yard; Parcel #3 consists of 0.66+/- acres and is currently used as a salvage yard; and Parcel #4 consists of 0.86+/- acres and is currently an abandoned residential property. The proposed use of the parcel is the construction of a restaurant.
The Planning Commission recommended that the zoning classification of the property be approved as C-4 (Highway Commercial). In making their recommendation, members considered the following:
Surrounding Land Uses: To the north of the site and across Rustic Lane is an abandoned commercial site zoned General Business and two (2) residential properties zoned Residential Mobile Home in Kent County. To the east are residential properties in the DuPont Manor Subdivision zoned Residential Mobile Home in Kent County. To the south is the State Police Headquarters zoned Institutional-Office in the City limits. To the west and across Route 13 is the new Lowe’s Center zoned Highway Commercial in the City limits.
Comprehensive Plan: The 1996 Comprehensive Plan, in its Route 13/113 section, sites the potential of redevelopment along the corridor - strongly encourages the renovation and adaptive reuse of older buildings and previously developed but under utilized lands. The redevelopment of these parcels will significantly enhance the image of the corridor.
Council President Christiansen declared the public hearing open.
Mr. John Paradee of Prickett, Jones, and Elliott, advised members that he is the legal counsel for the owners of all properties and on their behalf, indicated that they are in favor of the annexation as well as the rezoning and respectfully request approval of same.
There being no one else wishing to speak, Council President Christiansen declared the public hearing closed.
Mr. Carey moved that the property located on the southeast corner of the intersection of Route 13 and Rustic Lane be zoned C-4 (Highway Commercial) as recommended by the Planning Commission. The motion was seconded by Mr. Pitts and by a unanimous roll call vote, Council adopted the following ordinance (the first reading of the proposed ordinance was accomplished during the Council Meeting of May 22, 2000):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTIES LOCATED ON THE SOUTHEAST SIDE OF THE INTERSECTION OF U.S. ROUTE 13 AND RUSTIC LANE.
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 properties described below from I-G - General Industrial and B-G - General Business (Kent County zoning classification) to C-4 - Highway Commercial (City of Dover zoning classification).
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 has been amended by changing the zoning designation from I-G and B-G (Kent County zoning classifications) to C-4 (City of Dover zoning classification) on those properties located on the southeast side of the intersection of U.S. Route 13 and Rustic Lane, owned by Paradee Oil, Joy L. Larocque, John W. K. Mereider, and Joy L. and Armand A. Larocque; the equitable owner is Cracker Barrel Old Country Store.
ADOPTED: July 24, 2000
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on July 10, 2000 with Chairman Salters presiding.
Proposed Ordinance Amendment - Chapter 2 - Administration, Article III - City Council, Division 1.5 - City Chaplain, Section 2-74 - Appointment and Section 2-75 - Functions
At the request of Council President Christiansen, committee members considered a proposed ordinance amending Chapter 2, Article III, by adding a new Division 1.5 - City Chaplain, Section 2-74 - Appointment and Section 2-75 - Functions, that will create the appointment of a City Chaplain. The appointment would be made in June of each year by the Council President and confirmed by Council. Several years ago, City Council would appoint a member of the clergy to serve as the official City of Dover Council Chaplain. Reverend James H. Williams served as the official City of Dover Council Chaplain from August 1973 until his death in February 1989. City Council has not appointed an official City Chaplain since the death of Reverend Williams.
Members reviewed a proposed ordinance that would require the appointment of a City Chaplain to be made in June of each year by the Council President, confirmed by Council, and, although this would not be a paid position, an annual donation would be made in the amount of $240 to the congregation for which the clergy is associated. Council President Christiansen suggested that the annual donation be made in the amount of $240, representing approximately $10 per meeting throughout the year.
The committee recommended adoption of the ordinance amendments to Sections 2-74 and 2-75 of the Dover Code regarding the appointment of a City Chaplain.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Weller and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Proposed Ordinance Amendment - Chapter 7 - Fire Prevention, Protection, Article II - Fire Department, Division 2 - Officers, Section 7-37 - Election and Voting Regulations for Nominees, Subsection (f)
At the request of the Board of Directors of the Robbins Hose Company No. 1, committee members considered an ordinance amendment that would allow for absentee voting for Line Officers of Robbins Hose Company and that the voting procedure be tailored after the municipal election procedure followed by the City of Dover.
The committee recommended adoption of the ordinance amendments as requested by the Robbins Hose Company No. 1.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Weller and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Maple Dale Property - Designation of Sale Monies
Mrs. Malone addressed committee members regarding action taken during the Regular Council Meeting of April 26, 1993, whereby Council approved and authorized the sale of a two (2) acre parcel of land located near the entrance of Maple Dale Country Club (MDCC). The land was sold to MDCC at a price of $40,000.
During the committee meeting, Mr. O’Connor briefed members on the history of the parcel of land. He explained that in September 1970, MDCC requested the City’s assistance in correcting a water problem at their facility which was being serviced by a private well. The City acquired the parcel of land in November 1970 when MDCC offered the land to the City in exchange for the front foot costs that would be assessed upon the construction of a water line. At that time, the City felt that the parcel of land offered by MDCC could be used for the erection of a water storage tank in the future. The approximate cost for the installation of a water line for MDCC was $9,000 and the approximate value of the parcel of land to be conveyed to the City was $8,600. Mr. O’Connor stated that the City agreed to install the water line to service MDCC in exchange for the two (2) acre parcel of land to be used for the future erection of a water storage tank; therefore, the cost to the City was $9,001 (purchase price for the land as recorded on the deed was $1.00). Since the property was a non-productive, tax-exempt parcel that was maintained by the City of Dover, when MDCC requested to purchase the property in 1993, the City agreed to sell the property back at a price of $40,000. He explained that in 1970, the City had invested $9,001 since the parcel was purchased for $1.00 and there was in-kind services provided in the amount of $9,000.
Mrs. Malone indicated that, although the parcel of land was intended to house a water tower, it was never utilized in that manner and was always used for open space. When the property was sold to MDCC, the City received the appropriate funds required in accordance with Article 5, Section 10 of the Zoning Code regarding the receipt of cash in lieu of parkland. At this time, she requested that the funds received for the sale of the land, in the amount of $40,000, be transferred from the General Fund to the Parkland Reserve Account. She felt that since the sale of the parcel created a loss of open space, these funds should be used for the purchase of much needed additional open space.
Mrs. Malone also reminded committee members that a previous study had indicated that in addition to an indoor recreational facility, the City has a need for additional open space. The MDCC property was previously used by residents as a practice field and with its sale, the City lost open space. It was her feeling that when parkland is lost for the sale of property, the funds derived from their sale should be set aside for the purchase of additional parkland. Mrs. Malone stated that the City owns several small parcels of land that are used for open space. If these parcels of land are sold and the funds are not reinvested in parkland, the City will continuously lose parkland. She suggested the possibility of an ordinance that would prevent the loss of parkland.
Responding to Council President Christiansen, Mr. Karia confirmed that current bond covenants would require replacing the funds that were initially used from the Water Improvement and Extension Fund for the installation of the water line to MDCC ($9,000, plus interest).
After much discussion, the committee recommended that $31,000 be transferred from the General Fund to the Parkland Reserve Account and $9,000 be transferred to the Water Improvement and Extension Fund.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone.
Mr. McGlumphy advised members that he had concerns regarding this matter and, after the committee meeting, requested staff to research this matter.
Responding, Mr. O’Connor reported that the Parkland Reserve Account and Policy was established in 1988, requiring that all monies generated from the sale of any lands, including alleyways and streets, be deposited into the Parkland Reserve Account. City Council reserved the right to make exceptions; however, if no exceptions were made, the monies were to automatically be credited to the Parkland Reserve Account to be used for improvements to parks - not for maintenance. He stated that past practices have shown that these monies have been deposited into the Parkland Reserve Account and that there was an instance where the monies were directed elsewhere. Mr. O’Connor stated that there was a house which was condemned by the City and, as a result, the City acquired the property. When the property was sold in 1989, the money was applied toward the lien for the demolition of the house. In this instance, Council made an exception to the policy.
To further clarify this matter, Mr. O’Connor explained that in the future and unless Council makes an exception, all monies generated by the sale of property will be earmarked for the Parkland Reserve Account.
In response to Mr. Truitt, Mr. O’Connor stated that since there was interest paid on the monies acquired for the sale of the Maple Dale property, staff will deduct $9,000 from the monies received as a result of the sale of the land, which will include interest. The $9,000 will be credited to the Water Improvement and Extension Fund and the remaining balance will be credited to the Parkland Reserve Account.
On a call for the question by Mr. Salters, the motion was carried by a unanimous roll call vote to authorize the funds received as a result of the sale of the Maple Dale property, including interest earned, to be transferred from the General Fund to the Parkland Reserve Account, excluding $9,000 which will be transferred to the Water Improvement and Extension Fund.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mrs. Malone and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on July 10, 2000 with Chairwoman Malone presiding.
Possible Land Acquisition - Schutte Park
At the request of Mrs. Malone, committee members discussed the possibility of acquiring land, to be utilized for team play and practice fields, to compensate for the lack of open space in the City of Dover. She reminded members that a previous study indicated that, in addition to an indoor recreational facility, the City has a need for outdoor open space. Mrs. Malone noted that there is farmland near Schutte Park and she felt that members should consider the possibility of acquiring some of the land for open space. She also indicated that additional space is available in the rear of Schutte Park and, although it would require that work be done, the area could be used for playing fields. At this time, she suggested that members discuss the issue and provide staff direction in regards to this matter.
During the committee meeting, Mr. McGlumphy advised members that in the early 1990's, a referendum was passed for the Capital School District to renovate the rear portion of Dover High School to create “world class” hockey, soccer, and baseball fields. Unfortunately, this project has not come to fruition. He indicated that there is a critical need for open space and that the school districts alone cannot provide the necessary space for recreational purposes since there are too many groups and too few playing fields.
Considering the size of the corporate limits of the City of Dover, Ms. Moerschel indicated that the City lags behind in protected open space land, both active parkland and passive lands. She suggested that staff devise a land acquisition strategy for parkland and open space. The strategy should include both active and passive recreation and conservation needs of the City. Ms. Moerschel urged members to consider establishing a policy that would require the receipt of any revenues that are generated from the conversion of the use or sale of land to be earmarked for the acquisition of other lands for the purpose or replenishing its current use.
Responding to Mr. Weller, Ms. Moerschel stated that the information is available at the State of Delaware, DNREC, Division of Parks and Recreation, which indicates that the City lags behind in protected open space land as compared to other cities. At the request of Mrs. Malone, Ms. Moerschel agreed to provide members with this information for their review.
Mr. O’Connor advised members that there is a major park currently under construction located on the north side of Dover and that the City has recently acquired six (6) acres located near Dover Country Club Apartments that is rarely used by the community. He also noted that Williams Park and White Oak Park are large parks which are available for use and are rarely used by the community, and that there is a considerable area located at Dover Park. It was his feeling that the City has acquired property for parks and recreation and that passive and conservation needs are addressed through the subdivision regulations by maintaining wetlands and woodland areas. Mr. O’Connor stated that the City is gaining acreage of parks and recreation lands but questioned if the City is addressing the needs of the community.
It was suggested that staff provide residents information regarding the availability and permitted uses of the public open spaces and parks and recreation areas in the City.
The committee recommended that the City Manager, Mr. O’Connor, and the Parks and Recreation Director, Mr. Carter, lead in the development of a strategic plan for addressing the needs of open space and conservation areas within the City.
It was noted that several members, including the Mayor, relayed concern that the recommendation to develop a strategic plan for open space and conservation areas at this time may affect the perception of residents regarding the City’s priority in the construction of the Recreational Facility at Schutte Park. Committee members agreed that the recommendation should in no way affect the position of the City with regards to the proposed Recreational Facility at Schutte Park and that the City should continue to study other elements of its infrastructure without altering its position in regards to the Schutte Park Project.
Mrs. Malone moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy.
Mr. O’Connor reminded members that a strategic parkland plan had been started by the Planning Department when the Comprehensive Plan was completed and that there are mappings available. It is staff’s intent to provide members with the maps indicating the types of parks available in the City and where they are located. Once this is completed, staff will request direction from Council as to where, if any, additional parkland is desired.
Several members relayed concern that the proposal will deter from the work being done on the proposed Recreational Center at Schutte Park. Council President Christiansen indicated that staff is currently inundated with the work being done with the Schutte Park Project and continues to maintain regular daily work. He was concerned that the addition of another project would take from the more dire needs of staff with regards to current programs such as summer recreation.
Responding, Mr. O’Connor stated that he did not intend on requiring the proposed strategic parkland plan to be accomplished in a speedy manner, feeling that it will be a project accomplished when time permits in order to allow staff to remain focused on the more urgent recreational matters.
Mr. Truitt moved to amend the motion by stipulating that this project should in no way take precedence over the completion of the Recreational Facility at Schutte Park and that it be accomplished as a long range plan. The amendment failed due to the lack of a second.
On a call for the question by Mr. Pitts, the motion authorizing the City Manager, Mr. O’Connor, and the Parks and Recreation Director, Mr. Carter, to lead in the development of a strategic plan for addressing the needs of open space and conservation areas within the City was carried with three (3) voting no (Council President Christiansen, Mr. Truitt, and Mr. Weller).
Proposed Contract - Holark Systems Grant Writing Services
During the committee meeting held earlier this evening, members considered a Letter of Agreement with Holark Systems for providing grant writing services.
During the Regular Council Meeting of January 10, 2000, Council authorized the City Manager, Mr. O’Connor, and Finance Director, Mr. Karia, in cooperation with the 501C(3) Executive Committee of the DRFC, to move forward in contacting fund-raising firms and to make arrangements for interviews and selection.
In conjunction with the solicitation of funds for the proposed Dover Regional Community Sports and Recreation Center, staff recommended approval of the Letter of Agreement with Holark Systems for providing grant writing services. Members were advised that this is an additional method of fund-raising, by obtaining funds through grant programs.
The committee recommended approval of staff’s recommendation.
Mrs. Malone moved to approve the Letter of Agreement with Holark Systems for providing grant writing services. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
Mrs. Malone moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Carey and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on July 10, 2000 with Chairman Weller presiding.
Annexation Request - Properties Located on the Southeast Side of the Intersection of U.S. Route 13 and Rustic Lane - Owned by Paradee Oil, Joy L. Larocque, John W. K. Mereider, and Joy L. and Armand A. Larocque (Equitable Owner - Cracker Barrel Old Country Store)
Committee members considered an annexation request for property located on the southeast side of the intersection of Route 13 and Rustic Lane, consisting of 2.8+/- acres. The properties are owned by Paradee Oil, Joy L. Larocque, John W. K. Mereider, and Joy L. and Armand A. Larocque. The equitable owner is Cracker Barrel Old Country Store.
The Planning Commission recommended approval of the annexation considering that the Interim Annexation Policy considers this area as most desirable due to its proximity to existing services. Areas such as these cause confusion and inconsistencies with regard to the delivery of services, code enforcement, zoning standards, and general jurisdiction. The annexation of such under-developed and abandoned properties is in conformance with the City’s annexation policy and Comprehensive Plan. These properties are located in a very visible part of the gateway into the City from SR1 and Route 13 North. Having these properties developed under the guidelines of City Ordinances and the Planning Commission would help insure that it maintain a very high quality appearance.
The committee recommended approval of the Planning Commission’s recommendation for annexation of the properties located on the southeast corner of the intersection of Route 13 and Rustic Lane.
Mr. Weller moved for approval of the committee’s recommendation by consent agenda, seconded by Mrs. Malone and unanimously carried.
It was noted that official action regarding this matter was taken by Council earlier in considering the annexation referendum results and Resolution.
Elbert Street Abandonment - Request of Delaware State University - Privatized Student Housing Complex
Committee members considered a request of Delaware State University for abandonment of Elbert Street, which consists of 15.8760+/- acres located on the south side of College Road approximately 1,000’ west of the railroad. Elbert Street is a paper street that runs east and west parallel to College Road between Waters Street (dirt road) and Conwell Street (also a paper street). It has a 35’ right-of-way and is 900’ long and is located in the “College Settlement” subdivision which was never built.
The Planning Commission recommended approval of the abandonment of Elbert Street as requested by Delaware State University, considering that they are the only adjacent property owner and have proposed to construct four (4) dormitory buildings to house 260 students. Elbert Street is located in the center of the land that is proposed for development and would interfere with the proposed site development.
The committee recommended that a public hearing be held to consider abandonment of Elbert Street, as recommended by the Planning Commission.
By motion of Mr. Weller, seconded by Mrs. Malone, Council approved the committee’s recommendation and adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN STREET SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover favors the vacating and abandoning of the following street:
ALL that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a portion of a public street referred to as Elbert Street running east to west, lying on the southerly side of College Road, between Waters Street and Conwell Street and the street parallel to College Road, being 35 feet wide and approximately 900 feet in length, comprising 31,500 square feet, more or less.
Section 2. The Council of the City of Dover will sit on Monday, August 14, 2000, at 7:30 p.m., in the Council Chambers at City Hall, Dover, Delaware, to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of this Resolution in five or more public places in the City of Dover and to publish the same in a local newspaper published in said City.
ADOPTED: July 24, 2000
Requests for Waivers - Subdivision and Street Design Standards - Delaware State University Privatized Student Housing Complex
Subdivision Regulations, Appendix A of the City Code, Article VI, Section A, specify a street pavement width of 38' within a 60' right-of-way with no consideration given to whether or not on-street parking is controlled. A petition to waive certain subdivision street design standards has been received for a privatized student housing complex located on the south side of College Road approximately 1,000’ west of the railroad. The street waiver requests are summarized as follows:
1)Waiver from the 60' minimum right-of-way requirement, to permit a 50' right-of-way width.
2)Waiver from the 38' paved width for public streets, to permit a paved width of 32'.
The waiver request is for two (2) existing streets that were originally platted as part of “College Settlement”, a subdivision that was never developed: Waters Street, which exists today as a dirt road with a 35' right-of-way, and Conwell Street, which is a paper street with a 35' right-of-way. The applicant has agreed to increase the right-of-way an additional 15' for each street to provide a 50’ right-of-way width. This is an improvement over the existing condition; however, a waiver is still required.
The Planning Commission recommended approval of the street waivers as requested by Delaware State University, stipulating that a 10' wide utility easement be retained along the westerly side of the right-of-way of Waters Street and along the easterly side of the right-of-way of Conwell Street to accommodate utility placements which may not fit within the street right-of-way.
The committee recommended approval of the requested street waivers for Delaware State University, as recommended by the Planning Commission.
Mr. Weller moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a roll call vote of eight (8) yes, one (1) no (Council President Christiansen).
Requests for Waivers - Subdivision and Street Design Standards - Four Seasons
Subdivision Regulations, Appendix A of the City Code, Article VI, Section A, specify a street pavement width of 38' within a 60' right-of-way with no consideration given to whether or not on-street parking is controlled. A petition to waive certain subdivision street design standards has been received for the Four Seasons property located on the southwest corner of the intersection of Walker Road and Saulsbury Road. The street waiver requests are summarized as follows:
1)Waiver from the 60' minimum right-of-way requirement, to permit a 50' right-of-way width.
2)Waiver from the 150' center line radius, to permit a center line radius of 100'.
3)Waiver from the 38' paved width from commercial road paving, to permit a paved width of 24' - No parking.
4)Waiver from the 38' paved width from residential road paving, to permit a paved width of 32'.
5)Waiver from the 38' paved width from residential loop road, to permit a paved width of 24' (interior loop) and 16' (loop entrance).
The Planning Commission recommended approval of the street waiver requests. In ma