REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 14, 2006 at 7:30 p.m. with Vice-President Salters presiding in the absence of Council President Williams. Council members present were Mr. Carey, Mr. McGlumphy, Mrs. Russell, Mr. Slavin, Mr. Hogan, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Mrs. Mitchell, Mrs. Townshend, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Speed.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Vice-President Salters declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Timothy Mullaney, 142 Brandywine Drive, speaking on behalf of Fraternal Order of Police Lodge #15, stated that they take their contract negotiations seriously and they have some concerns about whether or not the City does as well. He asked that the City be prepared to do what they are supposed to do at the contract meeting on August 18, 2006.
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 Mrs. Russell and unanimously carried.
Mr. Carey moved for approval of the Consent Agenda, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF JULY 24, 2006
The Minutes of the Special Council Meeting of July 24, 2006 were unanimously approved by motion of Mr. Carey, seconded by Mr. Hogan and bore the written approval of Mayor Speed.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 24, 2006
The Minutes of the Regular Council Meeting of July 24, 2006 were unanimously approved by motion of Mr. Carey, seconded by Mr. Hogan and bore the written approval of Mayor Speed.
ELECTION RESULTS - 2006 SPECIAL MUNICIPAL ELECTION
Mrs. McDowell, City Clerk, reported the results of the 2006 Special Municipal Election held on August 1, 2006, as follows:
THIRD DISTRICT COUNCIL
Robin R. Christiansen 219
James G. McGiffin, Jr. 275
Frederick Tolbert 201
Total District Votes Cast 695
Total Registered Voters5,423
Mr. Hogan moved for approval of the Election Results as reported by the City Clerk. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Williams absent).
OATH OF OFFICE - ADMINISTERED BY THE HONORABLE HENRY DUPONT RIDGELY - JUSTICE, SUPREME COURT - COUNCIL - THIRD DISTRICT - JAMES G. MCGIFFIN, JR.
The Honorable Henry duPont Ridgely, Justice of the Supreme Court, administered the Oath of Office to as follows:
Council - Third District (Term to expire May 2007) - James G. McGiffin, Jr.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT THE CORNOR OF FOX HALL DRIVE AND KENTON ROAD, OWNED BY CLIFTON AND MARIE HUTTON
A public hearing was duly advertised for this time and place to consider rezoning of property located at the corner of Fox Hall Drive and Kenton Road, consisting of three (3) parcels totaling 4.351+/- acres, owned by Clifton and Marie Hutton. These properties are currently zoned RM-1 (Medium Density Residence) and the proposed zoning is RM-2 (Medium Density Residence).
Vice-President Salters advised members that correspondence has been received from the applicant requesting that this item be postponed. Additionally, two (2) petitions were received in opposition to the proposed zone. Since the signatures on the petitions constitute 21.4% of the adjacent property owners, a 3/4ths vote of Council is required for approval of the request.
Planner's Review
Mrs. Townshend, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #1).
Mrs. Townshend advised members that on July 17, 2006, the Planning Commission recommended denial of the rezoning of the subject parcels from RM-1 to RM-2. The Planning Commission stated that RM-1 is sufficient at six (6) dwelling units per acre. In making this recommendation, the Planning Commission noted the following: concern that the highest density would be placed at the exit to Kenton Road rather than within the development at a location that would keep the egress points unclogged; concern because the potential new residences would be required to egress to Fox Hall Drive then to Kenton Road, which creates a problem due to the infrastructure of Fox Hall Drive; the current densities on Fox Hall Drive are single family homes, as well as the other levels of existing development along Kenton Road; and noting the inherent dangers of the Fox Hall Drive to Kenton Road intersection on a curve and also in an area with facilities that draw bicyclists.
Mrs. Townshend noted that the current RM-1 has a maximum density of six (6) units per acre and the requested zone of RM-2 has a maximum density of eight (8) units per acre.
Responding to Mr. Hogan, Mrs. Townshend stated that the RM-1 zone permits one-family detached dwellings, one-family lot line dwellings, duplexes, townhouses, and rooming houses accommodating no more than five (5) roomers. She noted that the RM-2 zone permits all of the uses permitted in RM-1, as well as garden apartments. Mrs. Townshend advised members that garden apartments look out onto open space and she did not believe that the size of this property would lend itself to garden apartment use.
Mrs. Russell questioned how the development would impact the traffic flow. Mrs. Townshend stated that DelDOT has indicated that access to Fox Hall Drive would be required. She also noted that DelDOT may require that the road be upgraded.
Public Hearing
Vice-President Salters declared the hearing open.
Mr. Clifton Hutton, 98 Fox Hall Drive, stated that approximately three (3) years ago, they requested that one (1) parcel of this property be rezoned Office/Professional. They subsequently discussed medium density residential and the requirements for RM-2. Mr. Hutton stated that he believes the RM-1 zone was incorrectly assigned.
Mr. Roy Shiels, 109 Fox Hall Drive, stated that he is opposed to the increased density because it would not be in the best interest of the neighborhood or the City. He noted that Fox Hall Drive is undersized for the traffic that it bears and advised members that it is difficult to see exiting traffic due to its location near a bend in the road. Mr. Shiels also noted that there are drainage issues in the area and expressed concern that increased development would worsen the situation. He asked that consideration be given to the existing neighborhood and the unsafe conditions that could be created with the rezoning.
Mr. Ed Larrivee, 115 Fox Hall Drive, stated that it is currently difficult to exit onto Kenton Road because of its proximity to Kent Swim Club and the Robbins Hose Fire Company.
Vice-President Salters declared the hearing closed.
Responding to Mr. McGlumphy, Mrs. Townshend explained that the Planning Staff recommended approval of the rezoning request; however, the Planning Commission recommended denial.
Mr. Hogan moved to deny the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mrs. Russell and carried by a unanimous roll call vote (Mrs. Williams absent).
EVALUATION OF BIDS - MISCELLANEOUS CONCRETE REPAIR PROGRAM
In conjunction with the City of Dover's Capital Investments Plan, staff proposed to utilize a contractor to remove and replace concrete work at various locations throughout the City of Dover during FY 2007. Staff has reviewed the locations and prepared a preliminary work plan for these repairs. One (1) contractor, Mitten Construction Co., Dover, Delaware, submitted a unit price bid for the work to be performed. This is a unit price contract starting with the date of award and ending within sixty (60) calendar days after the Notice to Proceed. The estimated completion date is Monday, October 30, 2006.
Staff recommended awarding a unit price contract to the sole bidder, Mitten Construction Co., for the FY 2007 Miscellaneous Concrete Repair Program based on the unit prices for each work item. All work will be paid for at the unit prices bid for work completed and accepted by the City of Dover.
Mr. Carey moved to award a unit price contract to the sole bidder, Mitten Construction Co., for the FY 2007 Miscellaneous Concrete Repair Program based on the unit prices for each work item, as recommended by staff. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
APPOINTMENT RECOMMENDED BY MAYOR SPEED - DOVER HUMAN RELATIONS COMMISSION - REVEREND WAYNE ARTHUR JOHNSON, SR. (TO FILL EXPIRED TERM OF JOHN J. KOTZUN - TERM TO EXPIRE FEBRUARY 2009)
Mayor Speed recommended the appointment of Reverend Wayne Arthur Johnson, Sr. to serve on the Dover Human Relations Commission for a term to expire February 2009 (to fill the expired term of John J. Kotzun).
By consent agenda, Mr. Carey moved for approval of the appointment of Reverend Wayne Arthur Johnson, Sr., as recommended by Mayor Speed. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
ELECTION TO FILL VACANCY - ROBBINS HOSE COMPANY - SECOND FIRE LINE CAPTAIN - JASON ANDERSON
Robbins Hose Company Vice President Osika advised members that a letter of resignation had been received from Second Fire Line Captain William Conklin. In accordance with the City Code and the By-Laws of the Robbins Hose Company, nominations were held during the August 7, 2006 Regular Monthly Meeting. Members of the Robbins Hose Company No. 1 elected, by the Secretary's Ballot, Jason A. Anderson to serve as Second Fire Line Captain for the remainder of the 2006 term, for Council consideration.
By consent agenda, Mr. Carey moved for acceptance of Jason A. Anderson as Second Fire Line Captain for Robbins Hose Company No. 1 for the remainder of Year 2006. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
ANNEXATION/REZONING REQUESTS - FIRST READINGS - 349 ACORN LANE, OWNED BY LUIS A. LIRANZO AND VIRGINIA RODRIGUEZ AND 446 ACORN LANE, OWNED BY THOMAS M. ROMANOWSKI
A request was received for annexation and rezoning of properties located at 349 Acorn Lane, owned by Luis A. Liranzo and Virginia Rodriguez, and 446 Acorn Lane, owned by Thomas M. Romanowski. The properties are currently zoned RS-1 - Single Family Residential (Kent County) and the requested zoning is R-10 - One Family Residential (City of Dover). Staff recommended that the request be referred to the Utility Committee on August 28, 2006, the Planning Commission on September 18, 2006, and that a public hearing be set for October 23, 2006 at 7:30 p.m.
Mr. Hogan moved for approval of staff's recommendation and to acknowledge the First Reading of the rezoning ordinance by title only. The motion was seconded by Mr. McGlumphy and unanimously carried.
In accordance with Section 1-9 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 PROPERTIES LOCATED AT 349 AND 446 ACORN LANE.
COUNCIL MEMBERS ANNOUNCEMENTS
Mr. Slavin reminded members that legislation was recently passed to establish the Services to Seniors Committee and requested each member to submit their recommendations for membership to the City Clerk’s Office.
Mrs. Russell invited members to attend a block party for the youth of the community being held on September 2, 2006 from 2:00 - 8:00 p.m. She encouraged members to support the youth of the area.
Mr. Carey moved for adjournment, seconded by Mr. Slavin and unanimously carried.
Meeting Adjourned at 8:07 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of August 14, 2006, are hereby approved.
STEPHEN R. SPEED
MAYOR
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Petition to Annex and Zone property, Cost/Revenue Analysis, and Plan of Services Report for Property located at the Corner of Fox Hall Drive and Kenton Road, owned by Clifton and Marie Hutton