REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 14, 1997 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Salters and Mr. Weller-(left at 9:30 p.m.). Mr. Fenimore was absent.
Council staff members present were Major Hirt, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Boaman and Mr. Rodriguez.
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 Pastor Eldon Fowler, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Christiansen requested that agenda items #3 and #4 be switched. Mr. Lambert requested the addition of agenda item #6D (Bid - Backhoe - Electric Department). Mr. Leary moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 23, 1997
The Minutes of the Regular Council Meeting of June 23, 1997 were unanimously approved by motion of Mr. Salters, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
PRESENTATION - DOVER HIGH SCHOOL GOLF TEAM - SEVENTH CONSECUTIVE STATE GOLF CHAMPIONSHIP
Mayor Hutchison presented City Coins and Pens and Certificates of Recognition to the following members of the Dover High School Golf Team in recognition of the seventh consecutive state championship win in the Delaware State High School Golf Championship:
Seth Aldridge Andrew Maxted
Kevin Bradley Bradley Patton
Shaun Jones Chris Wisler
(George Keller, Coach)
Mayor Hutchison expressed extreme pride in the accomplishments of the Dover High School Golf Team and praised the members for their dedication to the sport. Although Rick McCall was unable to attend, Mayor Hutchison relayed appreciation for the efforts of Rick McCall and the Maple Dale Country Club who were instrumental in starting the youth golf program.
PRESENTATION - DISTINGUISHED BUDGET AWARD - GOVERNMENT FINANCE OFFICERS ASSOCIATION
The Distinguished Budget Award, from Government Finance Officers Association, was awarded to the City of Dover. This award signifies the excellent manner in which the City prepares its budget. The award was presented to Councilman Reuben Salters - Chairman of the Legislative and Finance Committee, Mike Karia - Finance Director/Treasurer, and James O’Connor - City Manager, for their excellent work in preparing the budget document. Mr. Karia stated that although Mrs. Tieman, Director of Administrative Services, was unable to attend the meeting, she and her staff deserve the accolades for the budget award. Mr. Salters relayed appreciation to all City staff and to the other members of Council for their diligent work on the budget.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON NW CORNER OF THE INTERSECTION OF MCKEE AND COLLEGE ROADS - WILLIAM MCKEE
A public hearing was duly advertised for this time and place to consider rezoning of property located on the northwest corner of the intersection of McKee and College Roads, consisting of 1.25 +- acres, owned by William McKee.
Planner's Review
A motion to recommend approval of the rezoning was not approved, as the vote resulted in a four/four tie vote. Therefore, there was no recommendation from the Planning Commission.
In reviewing the request, the Commissioners considered the following:
To the north is a house and vacant lands also zoned R-8. Further north is one industrial building and several single family homes. To the east and across McKee Road are four residential homes zoned RS (Residential Single Family) on land in the unincorporated portion of the County. Beyond these homes is the new North Dover Elementary School zoned I/0 (Institutional/Office). To the southeast across the intersection is the Westminster Nursing Home zoned I/0. To the east of the Nursing Home is Westminster Village zoned RG-5. To the south is vacant land (formerly a bank building) zoned C-2A and currently seeking a rezoning to C1-A in anticipation of being jointly developed with this site. Further south across College Road is a bank and offices zoned C2-A and CPO. Further south is the Grace Presbyterian Church zoned R-10 (Single Family). To the west is a single family home and associated vacant lands zoned R-8. Further west are the developments of Hidden Oaks and Fox Hall.
The 1996 Comprehensive Plan designates this area for commercial development (Note: the R-8 zone was not rezoned to a commercial zone after Comprehensive Plan adoption because it was in use as a residence).
This is one of three areas in the City designated for future neighborhood oriented business development for the convenience of surrounding, residential neighborhoods. The convenience of having certain businesses in the immediate neighborhood, especially within walking and biking distance, can reduce vehicle trips to more distant commercial areas. In this particular area the convenience businesses could also serve many of the office and health care workers in the immediate area. Because of its close location to the intersection of two major roads and because it is adjacent to land zoned C2-A, it is not ideally suited for residential development.
Because this proposal is consistent with the Comprehensive Plan and compatible with most of the surrounding land uses, the Planning Staff recommended approval of this rezoning with the understanding that the proposed uses for this site will be carefully evaluated to determine if they are "traffic generating uses" and therefore not permitted in the Cl-A zone. A traffic analysis will be required prior to accepting a site plan application. In addition, the Planning Department will not support separate commercial entrances for this site; shared entrances with the commercial site to the south will be required.
While the Cl-A zone is supported, gas pumps as an accessory use would not be supported because on an arterial road like McKee Road, it would become an excessive traffic generator.
It is also important to note that this rezoning is being supported because the Comprehensive Plan designates this site as a commercial corner. Any further proposal for commercial rezoning along McKee Road would be strongly opposed. It is important that this area of Dover be developed for homes in accordance with the Comprehensive Plan.
Correspondence
The City Clerk reported that letters were received from many residents relative to the proposed rezoning of the two parcels of land located at the intersection of McKee and College Roads, owned by Wilmington Trust Company and William McKee. (All correspondence is on file with the office of the City Clerk.)
Public Hearing
Council President Christiansen declared the hearing open.
Mr. John Paradee, attorney representing Mr. William McKee, addressed City Council in support of the rezoning. He referenced a letter that was forwarded to members of Council, dated July 11, 1997, and highlighted certain aspects of the letter. Mr. Paradee stated that the most important fact is that the City of Dover Comprehensive Plan clearly recommends that the property be zoned for commercial use. For the record, Mr. Paradee submitted a reduced version of the Comprehensive Plan map and excerpts from the actual Dover Plan that was passed last year. On page 7-11 of the Plan, it states, “The Plan envisions future neighborhood commercial nodes at both College and McKee Roads and Dennys and McKee Roads in the northwest portion of the City.” He introduced Mr. Greg Moore from the architectural engineering firm of Becker, Morgan, Moore, Olds & Richter who displayed an enlarged version of this particular site as it appears on the Comprehensive Plan map. Mr. Moore stated that his firm has surveyed many areas around the City, as well as this particular corner, to determine the actual scale of the Comprehensive Plan Map. They have determined that the scale for the map is approximately one inch equals approximately 1,125'. Using this scale, it was determined that all of Mr. McKee’s parcel is designated on the master plan as proposed commercial. This designation actually goes beyond Mr. McKee’s property and covers a portion of the property owned by Mary McKee. The reason they went to this amount of work is that at the Planning Commission meeting, someone questioned whether the Comprehensive Plan map really depicts the William McKee property as being only partially in the commercial zone. Mr. Paradee stated that it would seem unlikely that the Comprehensive Plan would split a property in the middle when depicting a proposed zoning, but rather, would run along existing property lines.
Mr. Paradee reminded members of Council that the Comprehensive Plan is the most important guide post for the determination of land use planning decisions and absent some compelling rationale to the contrary, Council should never deviate from a recommendation of the Comprehensive Plan. He reminded Council that the City of Dover Development Advisory Committee and the Planning Office recommended rezoning of the property to C-1A/COZ. He stated that Mr. McKee had originally planned to request rezoning to C-2A to be consistent with the adjacent property of Wilmington Trust, but at the suggestion of the City Planning staff, it was agreed to have both property owners request rezoning to C-1A, which is a down-zoning for the Wilmington Trust property.
Mr. Paradee stated that the Delaware Department of Transportation has designated McKee Road as a commercial corridor as evidenced by their plan to connect McKee Road to U.S. Route #1 and U.S. Route #13 via the Scarborough Connector for the explicit purpose of diverting truck traffic away from the intersections of U.S. Route #13 and the residential neighborhoods along College Road, State Street, Governors Avenue and Walker Road. This naturally will result in truck traffic coming down the Scarborough Connector, down McKee Road and funneling out towards West Dover to the industrial areas. For all of the above reasons, Mr. Paradee stated that commercial rezonings along McKee Road are appropriate in general and that Mr. McKee’s application is appropriate in particular since the City’s Comprehensive Plan, the DAC, the City Planning Staff and DelDOT agree that this property should be commercial.
During review of the City’s Comprehensive Plan, the City of Dover sent out letters to property owners asking how they would like to see their property zoned. However, the letter sent out on March 15, 1996 to Mr. William McKee was sent to the wrong address and Mr. McKee never received the letter. Since the City never a received a response from Mr. McKee and since a rental home sits on the property, it was assumed that the property owner must desire a residential zone. Therefore, the City administratively rezoned the property from R-20 to R-8. Had Mr. McKee received the letter, he would have asked for commercial zoning to coincide with the zoning designation of the adjoining land of Wilmington Trust Company.
With respect to the ultimate occupant of the property, Mr. Paradee stated that many rumors have circulated. He stated that there is no contract for sale of this property with anyone in particular or for any particular use. The property is listed on the market for the highest and best use to any available bidder. Since this is an application for rezoning only, Mr. Paradee stated that it would be erroneous for City Council to deny the McKee rezoning application based upon nothing more than purely speculative objections to any particular potential purchaser of the property.
Mr. Paradee referred to a memorandum from Senator John Still, stating that there are many issues in the memorandum that are incorrect and many that are strictly site planning issues. Referring to issues in Senator Still’s correspondence relative to unsafe traffic in an area in close proximity to an elementary school, Mr. Paradee reminded members of Council that the school administration and DelDOT were well aware of the traffic conditions of this area before the recent construction of the school.
Mr. Lambert stated that a parcel depicted as commercial on the Comprehensive Plan does not specifically require a C-1A zoning designation, which is a fairly intense use for the property. There are other less intense uses that fall within the commercial zone categories.
Noting that Mr. Paradee has relayed that there is no current equitable owner for the property, Mr. Leary asked if there is any reason for the requested rezoning at this time. Mr. Paradee stated that had Mr. McKee received his notice from the City last year during review of the Comprehensive Plan, he would have requested rezoning at that time. Also, he has been approached by realtors who have an interest in listing the property and he now wishes to sell. He reiterated, however, that he has no particular user in mind and no contractor with any particular developer.
For the record, Mr. DePrima stated that the Planning Commission minutes that were referred to by Mr. DePrima are only a draft of the minutes and that they have not yet been approved by the Planning Commission. Referring to the correct designation of lines denoting commercial areas on the Comprehensive Plan, Mr. DePrima stated a problem with blowing up the Comprehensive Plan map to overlay it on the Zoning Map, stating that they do not utilize the same scale and do not perfectly match. Typically, the Comprehensive Plan Map is used to show general areas rather than specific properties.
Mr. Richard McKee of 1021 W. State College Road, read into the record the following:
“This letter is in regards to that of 28th May, 1997 to my mother, Mary E. McKee. It concerns the proposed zoning change for the property located at the northwest corner of McKee and West State College Roads, owned by William H. McKee. My mother is a widowed senior citizen, and my family and I reside with her on the westerly neighboring property adjoining that described above. The opinion expressed here is shared by both my mother and myself.
We have no objection to the proposed zoning change requested by Mr. William H. McKee. Indeed, such would be consistent with that approved at the 16th June City Planning Commission Meeting concerning the property bordering the above to the south, owned by the Wilmington Trust Company.
Said land was the site of the Sussex Trust Bank, later Wilmington Trust after its buy out of the former. It became vacant when the latter decided to relocate that facility to the intersection of Routes 10 and 113 for the establishment of a branch at that location. Another factor was the previous existence of a Wilmington Trust branch at the northwest corner of McKee and Walker Roads in the Hamlet Shopping Center.
The vacated lot remains so as this is composed. Being partially asphalt paved, it has been used as a parking area, mainly for vehicles having mechanical failures, overflow parking for activities at the Kays Buildings across the street, tractor-trailers, and bicyclists and skateboarders.
While none of this has disturbed us (the lot is open), it is the view from here that, given the size of this and Mr. McKee's property, it would be in the best interest of both parties to have them zoned the same. This would increase the value of the properties should an acceptable commercial enterprise purchase them. Considered separately, they are somewhat small for the area for business use.
Mr. McKee has maintained his property in good condition, and has made several improvements thereto in recent years. If a commercial enterprise were to express interest in purchasing the property in the future, we believe that he will ensure that such is a responsible outfit. It currently has a rental home thereon, which is a revenue maker. Neither the former nor the current tenants have been a problem to us or, as far as we know, any neighbors. However, he desires to increase the value of his property by having it zoned the same as that immediately southward. This is a reasonable and responsible request.
At the Planning commission meeting, several voices of objection to this request were raised. While respecting the right to express an opposing viewpoint, it should be noted that several of these speakers were from the Fox Hall development, which does not border the property. The Fox Hall residents will not be adversely affected in any way by the mere rezoning of the McKee property to that of its southerly neighbor. Also, the bank existed for several years at the McKee and West State College Road location, and would probably remain in operation there if the circumstances described in paragraph three had not occurred. Had there been substantial objections, that operation would have been elsewhere located.
In summation, rezoning the McKee property to that approved for its Wilmington Trust neighbor will increase the value of both properties. This will be beneficial to the city financially and aesthetically in the long term. We request that the City Council approve the rezoning.
Respectfully Submitted,
Richard B. McKee”
Senator John Still of 564 Troon Road addressed Council in opposition to the rezoning request. Senator Still stated that he is representing himself as a nearby property owner and representing many of his constituents. He stated that there are two rezoning requests before City Council this evening which are intimately tied together, so his comments will be intertwined between the two, but more appropriately directed to the McKee property.
Senator Still stated that this is a residential corridor through which truck traffic will go. It will not be a commercial corridor unless we allow it to become one. If the City allows incremental, cumulative rezonings, this area will begin to look exactly like the commercial area of Route #8. He does not blame a property owner for attempting to convert a residential property to the economical value associated with a commercial zoning, but City Council must consider what is in the best interest of all of our citizens. Referring to the proposal for making services available to this area of the City, Senator Still stated that Route #13, with a multitude of services, is very close to this intersection, as well as the Hamlet Shopping Center, and all the commercial businesses on Route #8. Senator Still reminded Council that a part of the Comprehensive Plan deals with maintaining sufficient capacity and infrastructure to handle traffic flow. The Scarborough Road Connector has been in the planning stages for many years and once finalized, will bring massive amounts of traffic to the area in question. He referred to a report from the Delaware State Police which shows that in 1995 there were three accidents at this intersection and 15 accidents near the intersection. In 1996 there were six accidents at the intersection and 29 accidents near it. For 1997 to date, there has been one accident at the intersection and 15 near the intersection.
Senator Still stated that the City of Dover is going to feel enormous pressure to develop along this corridor. He stated that unfortunately some people will not put the community’s best interest above their own and will not accept the social responsibility that comes with development. The burden, therefore, must fall to City Council. In order to manage growth, the City must diligently watch out for incremental and cumulative growth which ultimately requires improvements to roads and utilities. He stated that the current rezoning request expands to the betterment of a few at the expense of many. He reminded Council that a portion of land at this intersection is not within the City limits and, therefore, not within the City’s control. The City has limited control in a specified area of which he feels the City must exercise great oversight.
Referring to the proposed down zoning of the Wilmington Trust Company parcel from C-2A to C-1A, Senator Still stated his support. He also stated no objections to the use of the parcel as a bank as it was in the past. However, he strongly objects to the addition of the McKee property to the Wilmington Trust parcel, especially since it requires a rezoning from a residential classification to a commercial classification. The two parcels together will permit a much larger commercial use than that of the Wilmington Trust parcel alone. Senator Still stated that his complete objections are outlined in a letter dated June 5, 1997 (as on file with the office of the City Clerk).
Mr. Lambert asked Senator Still if he is opposed to all types of commercial uses on the parcel such as offices. Senator Still stated no opposition for certain types of commercial uses for the Wilmington Trust Company but relayed his opposition to any commercial use of the McKee property.
Mr. Franklin D. Arbaugh of 322 Troon Road spoke in opposition of the proposed rezoning. He referred to the interpretation by Mr. Paradee of the City of Dover Comprehensive Plan map and voiced his objections. Since the plan has no scale, there is no way to accurately represent the map on a larger or smaller rendition. Any idea that an enlarged version of the map, overlayed on the zoning map, indicates that the parcel is within the commercial area of the Comprehensive Plan map, should be discarded as it is inaccurate.
During the workshops that were held prior to updating the Comprehensive Plan, the McKee parcel was discussed and the zoning was actually amended from R-20 to R-8, both of which are residential zoning categories. There was no request from the property owner to consider any change to commercial and the City planners clearly understood that they were rezoning it to R-8. It is impossible that the intent was for this property to be designated as commercial on the Comprehensive Plan map as no such consideration was ever given during the workshops to a proposed commercial use for the McKee property.
Mr. Arbaugh stated that if the McKee property is zoned commercial, it would be an injustice to the other properties to its north and west. He referred to the Mary McKee property which is directly behind the William McKee property and predicted that Mary McKee would soon be seeking a commercial zoning classification for her land. Other property owners would very likely follow the trend and it would not take very long for the remaining open land in this area to become commercial.
Mr. Ed McNamara of 3 Michael Court, The Meadows, voiced opposition to the proposed rezoning. He stated his support of the comments made by Senator Still and relayed that the President of the Meadows Homeowners Association was unable to attend this meeting but wished to relay the opposition of the Association. Mr. McNamara stated that he and his neighbors are perfectly content to go to the Hamlet Shopping Center or Route #13 for services and do not wish to see a convenience store located near their neighborhood. Responding to Mr. Lambert, Mr. McNamara stated that his neighbors do not support any type of use that will increase traffic congestion.
Mr. K.C. Sheth of 21 St. Annes Court stated that he and his partners own most of the surrounding property in this area. Obviously his properties would be more valuable if they were zoned commercial. During the workshops prior to revising the Comprehensive Plan, discussions took place on the best uses for all the properties in this area. Although he would like to have seen zoning classifications that would have permitted multi-family uses, they did not oppose the proposal for single family uses since it seemed that this was the desire of the community.
He assured members of Council that if this property is rezoned, he will soon request rezoning for his properties. He referred to the problems associated with the Hamlet Shopping Center and predicted that a similar problem would occur if a convenience store, which is open 24 hours, is permitted at this site. These types of stores tend to draw people involved in illegal activities.
Ms. Dorothy Collins of Westminster Village voiced her opposition to the proposed rezoning request. Referring to Mr. Paradee’s comments that Mr. McKee did not receive proper notification of the workshops, Ms. Collins stated that the workshops were highly publicized. She stated that she attended several of the workshops and was always permitted an opportunity for input. The resulting map is the consensus of all the opinions put together during the workshops. Referring to the intentions of Mr. McKee if the property is rezoned, Ms. Collins wondered if the plan is to sell the property to Wilmington Trust so that they can then sell the property as one large parcel. She stated her feeling that it is unlikely that the two properties will be developed individually.
Ms. Rose Bradshaw, President of Westminister Village Association, relayed that the residents of Westminster Village oppose the rezoning. Their main concern is the increase in traffic that will come with commercial development.
Mr. Robert Kratz, Executive Director of Westminster Village, stated that there are 250 residents in Westminster and he felt that the City should protect those already living in this area. Increased traffic will increase the dangers not only for the residents of Westminster Village, but the people that come to visit them as well.
Council President Christiansen declared the hearing closed.
Mr. Leary stated that although he respects the rights of land owners, the purpose of rezoning public hearings is to hear the needs and desires of the property owner requesting rezoning and the desires of adjacent property owners and to then determine what is best for the entire community. He felt that this is a case when City Council must exercise their judgment and act accordingly. After looking at the lot size of the Wilmington Trust lot and comparing it to other sites where Wilmington Trust Banks are located, Mr. Leary stated that it appears that the Wilmington Trust lot is large enough to house a neighborhood commercial business. It concerns him that they feel the need to combine the parcel with the McKee parcel which adds 1.25 acres to the total land area. His concern is that a commercial zoning classification on a parcel of land in excess of two acres would afford a very large commercial business which no longer lends itself to a neighborhood business and in his opinion is not conducive to this site.
Mr. Leary moved for denial of the rezoning request. The motion was seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Fenimore absent), with the following explanations:
Mr. Lambert - C-1A is too intense of a zoning classification for this particular site
Mr. Pitts - there is no compelling argument to rezone the parcel to C-1A at this time
Mr. Leary - C-1A is too intense of a zoning classification for this particular parcel and for the reasons he already stated during the meeting
Mr. Truitt - keeping in mind that there are several acres of open land in this area, he felt that rezoning of this parcel to a commercial classification would set a precedent that would make it very difficult for Council to deny similar requests in the future
Mrs. Malone - C-1A is too aggressive a zoning classification for this particular area
Mr. Salters - C-1A zoning classification is too intense for this parcel, especially with the potential of additional requests for commercial zoning for nearby parcels
Mr. Weller - it would set a precedent for commercial zoning for other vacant parcels in this vicinity
Mr. Christiansen - C-1A is not an appropriate zoning classification for this parcel, based on potential increase in traffic, in conjunction with heavy traffic already in existence in this area, and due to the negative future impact on existing neighborhoods
PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT INTERSECTION OF MCKEE AND COLLEGE ROADS - WILMINGTON TRUST COMPANY
A public hearing was duly advertised for this time and place to consider rezoning of property located at the intersection of McKee and College Roads, consisting of approximately 0.90 +/- acres, owned by Wilmington Trust Company.
Planner's Review
Mr. DePrima reported that the present zoning is C-2A/COZ (Limited Central Commercial Zone and Corridor Overlay Zone) and the proposed zoning is C-1A/COZ (Limited Commercial Zone and Corridor Overlay Zone). It is proposed that this land, in addition to an adjacent parcel, will be used to house a commercial building.
He stated that the Planning Commission recommended approval of the rezoning request. In taking this position, the commission considered the following points:
To the north of this site is a house on a lot zoned R-8 (Single Family) which is also seeking, a rezoning to C-1A in anticipation of it being jointly developed with this site. To the north of this lot are vacant lands also zoned R-8. To the east and across McKee Road are four residential homes zoned RS (Residential Single Family) on land in the unincorporated portion of the County. Beyond these homes is the new North Dover Elementary School zoned I/0 (Institutional/Office). To the southeast across the intersection is the Westminster Nursing Home zoned I/0. To the east of the Nursing Home is Westminster Village zoned RG-5. To the south and across College Road is a bank and offices zoned C2-A and CPO. Further south is Grace Presbyterian Church zoned R-10 (Single Family). To the west is a single family home and associated vacant lands zoned R-8. Further west are the developments of Hidden Oaks and Fox Hall.
The 1996 Comprehensive Plan designates this area for commercial development. This is one of three areas in the City designated for future neighborhood oriented business development for the convenience of surrounding residential neighborhoods. The convenience of having certain businesses in the immediate neighborhood, especially within walking, and biking distance, can reduce vehicle trips to more distant commercial areas. In this particular area the convenience businesses could also serve many of the office and health care workers in the immediate area.
By changing this zoning from C2-A to C-1A it would affirm the neighborhood commercial concept by eliminating hotels, clubs, theaters and restaurants from permitted uses.
Because this proposal is a down zoning from a more intense commercial zone and is consistent with the Comprehensive Plan and because it is compatible with most of the surrounding land uses the staff recommends approval of this rezoning.
This site will be carefully evaluated to determine if proposed uses are "traffic generating uses" and therefore not permitted in the C1-A zone. A traffic analysis will be required.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Greg Moore, engineer, and Mr. John Paradee, attorney, representing Wilmington Trust Company, stated that Wilmington Trust Company wishes to withdraw the rezoning request. Council President Christiansen asked if Wilmington Trust Company has made this request in writing. Mr. Moore assured City Council that a letter will be submitted to the City of Dover tomorrow morning but that he and Mr. Paradee have been authorized by Wilmington Trust Company to request withdraw of the rezoning application.
Mrs. Malone moved to accept the request to withdraw the rezoning application, stipulating that Wilmington Trust Company follow up the request in writing. The motion was seconded by Mr. Weller and unanimously carried (Mr. Fenimore absent).
Council recessed at 9:30 p.m. and reconvened at 9:40 p.m.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on June 23, 1997 with Chairman Salters presiding.
Request for Tax Abatement - Dover Housing Development, Inc. - 30 S. New Street
During the Council Meeting of June 9, 1997, City Council considered the recommendation of the Tax Appeals Committee for denial of a request for tax abatement for property located at 30 S. New Street, owned by Dover Housing Development, Inc. It was the suggestion of the City Solicitor that this matter be reviewed by the Legislative and Finance Committee rather than by the Tax Appeals Committee since the request was for tax abatement rather than an appeal of a tax assessment.
During review of the matter by the committee, Mr. Salters stated his opinion that the proposed changes to the property at 30 S. New Street will be a positive addition to the area and may encourage others to improve their properties. Although he does not support an 18 year tax abatement, he stated his feeling that the City should work with Dover Housing Development to assist them with improving this property. He suggested that abatement of property taxes be approved for one year, and that any future requests for tax abatement be considered only after the necessary financial information has been submitted to the City’s Finance Director who will determine if financial resources require tax abatement consideration.
Mr. Schaefer and Mr. Lambert relayed concern that approval of the request for tax abatement would be precedent setting for other similar properties. Mr. Lambert wondered if there is any other way of assisting with the project without abating the property taxes, such as use of CDBG funds. Mr. DePrima stated that this project was not funded during the last CDBG funding proposal.
Council President Christiansen stated his support for fostering redevelopment in our downtown area, but also acknowledged concern with setting a precedent for tax abatement. He suggested that the matter be deferred until the City Solicitor has an opportunity to address the question as to whether approval of the request would set a precedent for future requests for this property or for others.
After discussing the matter, the committee recommended that the request by Dover Housing Development, Inc. for tax abatement for the property located at 30 S. New Street be denied. Noting, however, the absence of Mr. David Buches, the committee noted that they will entertain further discussion on the matter should Mr. Buches desire.
Mr. Salters moved for approval of the committee’s recommendation to deny the request, seconded by Mr. Leary and unanimously carried.
Amend Chapter 7, Fire Prevention and Protection - Fire Lane Marking and Enforcement
The City of Dover Fire Marshal has worked with the Fire Standards Committee to establish Fire Lane Standards for the City of Dover. The proposed draft ordinance accomplishes the following:
∙ Adopts the State of Delaware Standards for marking Fire Lanes for new and existing buildings
∙ Establishes requirements for submitting fire lane marking plot plans for the Fire Marshal to review and approve.
∙ Establishes the failure to mark fire lanes, and the blocking of or parking in fire lanes to be a violation of City Code and sets forth penalties.
∙ Establishes that the Fire Marshal, Police, and Code Enforcement Inspectors can enforce the ordinance.
∙ Establishes the responsibility of the owners to maintain fire lanes, and to keep them free of obstructions.
∙ Updates the "obedience to State Laws" section under the Chapter 13 Motor Vehicle Code so parking in a fire lane carries a $50 fine.
The committee recommended approval of the proposed amendments to Chapter 7 which establishes fire lane standards for the City of Dover and Chapter 13 which establishes fines for fire lane violations for the City of Dover.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinances will take place during the latter part of the meeting.)
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on June 23, 1997 with Chairman Lambert presiding.
Annexation/Rezoning Request - SE Corner of Horsepond Road and S. Little Creek Road - Bryan Realty Enterprises, L.L.C.
A request was received to annex and rezone property located at the southeast corner of Horsepond Road and South Little Creek Road, containing approximately 8.0 +/- acres, owned by Bryan Realty Enterprises. The proposed use for the property is a small seven lot industrial park. The Planning Commission and Planning staff recommended approval of the annexation/rezoning. The City Planner pointed out that the proposal is compatible with existing land uses as well as the Comprehensive Plan and Interim Annexation Policy. In addition, the land should be hooked into public water and sewer systems so that the City’s adjacent well field is protected. The development of an industrial septic system in this area could be a potential environmental problem. To access sewer, the applicant would have to access the Little Creek force main which would require approval by Kent County.
Noting that access to the City’s water and sewer services are very important to the owner, Mr. Lambert asked if sewer service will be available. Mr. O’Connor informed the committee that although approval by Kent County is required, the line is paid for by the City. One section of the line from Little Creek to the City is actually owned by the County but all the processing must come through the City’s system. He did not feel that access to City sewer would be a problem.
The committee recommended approval of the annexation/rezoning request for property located on the southeast corner of Horsepond Road and S. Little Creek Road at a zoning classification of C-3 (Service Commercial), owned by Bryan Realty Enterprises, L.L.C. (It is noted that an annexation referendum is scheduled for July 17, 1997.)
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Leary and unanimously carried.
Evaluation of Bids - Sanitary Sewer Manhole Sealing and Grouting
Bids were solicited to chemically seal and grout the interior of manholes within the City of Dover’s sanitary sewer collection system. This procedure will reduce the amount of inflow/infiltration within the City’s sewer system, thus having an impact on the City’s wastewater conveyance capacity to Kent County. The low bid was submitted by Allstate Power Vac in the amount of $37,480. Financing for this project is 50% City of Dover and 50% Kent County Sanitary Sewer funds. Staff recommended awarding the bid to the low bidder.
The committee recommended that the contract for chemical sealing and grouting of sanitary sewer manholes be awarded to Allstate Power Vac in the amount of $37,480.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Fenimore and Mr. Weller absent).
White Oak Farms Pumping Station - Construction Phase Services