City of Dover, Delaware - Regular City Council Meeting

Regular City Council Meeting

iCal

Jul 24, 2006 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on July 24, 2006 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. McGlumphy, Mrs. Russell, Mr. Slavin, and Mr. Salters. Mr. Ruane and Mr. Hogan were absent.

Council staff members present were Captain Sammons, Mr. Capuano, Mrs. Mitchell, Mrs. Townshend, Assistant Fire Chief Christiansen, 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. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.

There was no one present wishing to speak during the Open Forum.

The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Carey moved for approval of the agenda, seconded by Mrs. Russell and unanimously carried.

Mr. McGlumphy requested that item #4A - Training, Conference and Travel Policy and item #4B -Budget Amendment Procedure, be removed from the Consent Agenda. Mr. Carey requested that item #6B - City Manager’s Report, be removed from the Consent Agenda.

Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mr. Ruane and Mr. Hogan absent).

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 10, 2006

The Minutes of the Regular Council Meeting of July 10, 2006 were unanimously approved by motion of Mr. Carey, seconded by Mr. Slavin and bore the written approval of Mayor Speed.

ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTIES LOCATED ON THE SOUTH SIDE OF FORREST AVENUE, APPROXIMATELY 1,425.5 FEET WEST OF MIFFLIN ROAD, CONTAINING 101.55 +/- ACRES, OWNED BY DONALD M. CAREY, RUTH E. CAREY, AND NANCY BAKER.

An annexation referendum was held on July 13, 2006 for property located on the south side of Forrest Avenue, approximately 1,425.5 feet west of Mifflin Road, containing 101.55 acres, owned by Donald M. Carey, Ruth E. Carey and Nancy Baker.

Referendum Results

The City Clerk reported that the referendum was held with three (3) votes cast in favor of the annexation and no votes cast against annexation.

Mr. Salters moved to accept the referendum results, seconded by Mr. McGlumphy and unanimously carried.

Annexation

By motion of Mr. Salters, seconded by Mr. Carey, Council adopted the following Resolution by a unanimous roll call vote (Mr. Ruane and Mr. Hogan absent):

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:

All that certain tract, piece or parcel of land situated in East Dover Hundred, Kent County and State of Delaware lying 1,425.5 feet west of Mifflin Road and being bounded as follows:

Lying on the south side of Delaware Route #8, a short distance northwest of Mifflin Road; being bounded on the north by Delaware Route #8, lands now or late of Kathleen Lamb, LTR, & Vickie Lynn Auen, lands now or late of Alan G. Tristman, lands now or late of Alice M. Taraila, lands now or late of Eleanor D. Tucker, lands now or late of Andrew R. Siegel & Catherine Huber, lands now or late of Virginia & George Sawyer, lands now or late of Jack W. & Beverly E. Sutton, lands now or late of Richard M. & Joann M. Smith, lands now or late of Edwin B., III & Nancy E. Baker, lands now or late of Dennis W. & Tammy S. Rogers, lands now or late of Patricia B. Cohen, lands now or late of William R. & Pearl V. Knotts, lands now or late of Charles B. & Shirley A. Mundorf, lands now or late of Richard E. & Victoria V. Stoops and lands now or late of Edwin B. Baker, III, Donald Carey & Ruth Carey; on the east by lands now or late of Kathleen Lamb, LTR & Vickie Lynn Auen, lands now or late of Virginia & George Sawyer and lands now or late of Edwin B. Baker, III, Donald Carey & Ruth Carey; on the northeast by lands now or late of Edwin B. & Nancy E. Baker; on the southeast by Village of Westover Subdivision and Village of Cannon Mill Subdivision; on the southwest by Village of Cannon Mill Subdivision, lands now or late of Farm Lands, LP, lands now or late of Jireh Christian Center, Inc. and lands now or late of Donato Poliseno; on the south by lands now or late of Edwin B. Baker, III, Donald Carey & Ruth Carey; on the west by lands now or late of Edwin B. Baker, III, Donald Carey & Ruth Carey and being more particularly described in accordance with an Annexation Plan by Earl D. Smith, Inc. Professional Land Surveyors dated March 10, 2006 as follows to wit:

Beginning at a point in the south line of Delaware Route #8 at a corner for this lot and lands now or late of Kathleen Lamb, LTR & Vickie Lynn Auen; said point of beginning commencing from the intersection of the southeast right-of-way of Mifflin Road with the south right-of-way of Delaware Route #8 running in a northwesterly direction a distance of 1,425.5 feet to the point of beginning; thence running from said point of beginning with lands now or late of Kathleen Lamb, LTR & Vickie Lynn Auen, South 05 deg. 49 min. 00 sec. West 200.00 feet to a point; thence continuing with lands now or late of Kathleen Lamb, LTR & Vickie Lynn Auen and running with lands now or late of Alan G. Tristman, lands now or late of Alice M. Taraila, lands now or late of Eleanor D. Tucker and in part with lands now or late of Andrew R. Siegel & Catherine Huber, South 84 deg. 11 min. 00 sec. East 459.09 feet to a point in line of lands now or late of Siegel & Huber at a corner for this lot and lands now or late of Edwin B. & Nancy E. Baker; thence running with lands now or late of Baker, South 34 deg. 10 min. 00 sec. East 731.68 feet to a point at a corner for this lot and lands now or late of Baker in line of Village of Westover Subdivision; thence running with Village of Westover Subdivision, South 56 deg. 03 min. 16 sec. West 1,390.58 feet to a point a corner for this lot and Village of Westover Subdivision in line of Village of Cannon Mill Subdivision; thence running with Village of Cannon Mill Subdivision on the following two courses: (1) North 34 deg. 14 min. 47 sec. West 981.91 feet to a point; thence (2) South 58 deg. 23 min. 58 sec. West 1,543.22 feet to a point at a corner this lot and Village of Cannon Mill Subdivision in line of lands now or late of Farm Lands, LP; thence running in part with lands now or late of Farm Lands, LP and running with lands now or late of Jireh Christian Center, Inc. and lands now or late of Donato Poliseno, North 34 deg. 19 min. 11 sec. West 2,300.00 feet to a point at a corner for this lot and lands now or late of Poliseno in the south line of Delaware Route #8; thence running with the south line of Delaware Route #8 on the following two courses: (1) running in a northeasterly direction with a 2,751.44 foot radius curve to the right an arc distance of 656.17 feet having a chord bearing North 88 deg. 59 min. 05 sec. East 654.61 feet to a point; thence (2) South 84 deg. 11 min. 00 sec. East 1,270.00 feet to a point in the south line of Delaware Route #8 at a corner for this lot and lands now or late of Virginia & George Sawyer; thence running with lands now or late of Sawyer, South 05 deg. 49 min. 00 sec. West 200.00 feet to a point; thence continuing with lands now or late of Sawyer and running with lands now or late of Jack W. & Beverly E. Sutton, lands now or late of Richard M. & Joann M. Smith, lands now or late of Edwin B., III & Nancy E. Baker, lands now or late of Dennis W. & Tammy S. Rogers, lands now or late of Patricia B. Cohen, lands now or late of William R. & Pearl V. Knotts, lands now or late of Charles B. & Shirley A. Mundorf and lands now or late of Richard E. & Victoria V. Stoops, South 84 deg. 11 min. 00 sec. East 1,065.00 feet to a point; thence continuing with lands now or late of Stoops, North 05 deg. 49 min. 00 sec. East 200.00 feet to a point at a corner for this lot and lands now or late of Stoops in the south line of Delaware Route #8; thence running with the south line of Delaware Route #8, South 84 deg. 11 min. 00 sec. East 225.00 feet to a point in the south line of Delaware Route #8 at a corner for this lot and lands now or late of Edwin B. Baker, III, Donald Carey & Ruth Carey; thence running with lands now or late of Baker & Carey on the following seven courses: (1) South 05 deg. 49 min. 00 sec. West 200.00 feet to a point; thence (2) North 84 deg. 11 min. 00 sec. West 60.00 feet to a point; thence (3) South 05 deg. 49 min. 00 sec. West 536.28 feet to a point; thence (4) South 84 deg. 11 min. 00 sec. East 352.16 feet to a point; thence (5) North 05 deg. 49 min. 00 sec. East 416.28 feet to a point; thence (6) North 84 deg. 11 min. 00 sec. West 92.16 feet to a point; thence (7) North 05 deg. 49 min. 00 sec. East 320.00 feet to a point at a corner for this lot and lands now or late of Baker & Carey in the south line of Delaware Route #8; thence running with the south line of Delaware Route #8, South 84 deg. 11 min. 00 sec. East 70.00 feet to the point and place of beginning and containing 101.5500 acres of land be the same more or less.

2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and 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, 2006 at 12:01 a.m. o'clock.

ADOPTED: JULY 24, 2006

Public Hearing - Zoning Classification

Mrs. Ann Marie Townshend, City Planner, reviewed the Petition to Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report (Exhibit #1). The Planning Commission recommended that the zoning classification of this property be approved as R-10 (One Family Residential) upon annexation.

Council President Williams declared the public hearing open.

Ms. Sharese McGee, 10 Yarmouth Way, requested clarification of the permitted uses in the R-10 zone, specifically with regard to townhomes. Mrs. Townshend explained that townhomes could be considered through the Planning Commission’s conditional use process.

Mr. Charles Mundorf, 1584 Forrest Avenue, stated his opposition to the proposed R-10 zoning. He also expressed concern regarding the volume of traffic that would be generated. Mrs. Townshend explained that the more restrictive zoning classification of R-20 would allow one single family residence per 20,000 square feet, whereas, the proposed R-10 zone would permit one single family residence per 10,000 square feet. Mr. Mundorf suggested changing the proposed zoning to R-20.

Richard and Victoria Stoops, 1590 Forrest Avenue, voiced their concerns with the increased traffic on Route 8 and requested that Council consider changing the proposed R-10 zoning to R-20.

Mrs. Betty Ronston, 12 Yarmouth Way, stated that she shares the concerns of the neighbors and requested members to consider changing the proposed zoning to R-20. She asked if there would be a traffic signal placed on Forrest Avenue to handle the increased traffic. Mrs. Townshend explained that DelDOT would conduct a traffic impact study to determine what improvements would be necessary at the time of development. She suggested that the surrounding property owners attend the public hearings held during the development phase to voice their concerns regarding traffic.

Mrs. Williams declared the public hearing closed.

Responding to Mr. McGlumphy, Mrs. Townshend explained that, subsequent to the surrounding property owners being notified of the dates for the Planning Commission meeting and the Council public hearing, the meeting time for the Planning Commission was changed. As a result, the Planning Commission’s recommendation was made without the benefit of hearing the comments of surrounding property owners. Mrs. Townshend stated that residents are provided the opportunity to voice their concerns during the Planning Commission meeting.

Mr. Slavin moved to suspend the rules to allow additional comments from concerned residents, seconded by Mr. Carey and unanimously carried.

Mr. Guy Smith, 8 Yarmouth Way, stated that the correspondence he received contained the wrong starting time for the Planning Commission meeting and he was not permitted to speak regarding the proposed rezoning.

Mr. Slavin moved that the proposed rezoning be referred back to the Planning Commission for a public hearing to allow residents to voice their concerns, seconded by Mr. Carey and unanimously carried.

VIOLATION OF DANGEROUS BUILDING ORDINANCE - 101 JEFFERSON COURT (MARY HAAS)

In accordance with Article XI - Dangerous Buildings, Sec. 22-388 - Emergency cases, of the Dover Code, in cases where it reasonably appears that there is an immediate danger to the life or safety of any person, unless a dangerous building is immediately repaired, vacated and closed, or demolished, the building inspector shall report such facts to the council, which may cause the immediate repair, vacation, or demolition of such dangerous building.

Mrs. Townshend provided a chronological history and presentation (as on file in the Office of the City Clerk) on the conditions of the house located at 101 Jefferson Court. She noted that the townhouse was condemned by the City inspectors on July 6, 2006 due to the unsanitary conditions in the residence. Mrs. Townshend advised members that more than 100 cats were removed from the residence, and the entire interior of the house was contaminated with cat urine and fecal matter. She noted that the ammonia levels in the residence exceeded safe levels, as determined by the Division of Public Health. The Division of Public Health has determined that the property is unhealthy and unsanitary and continues to be under a condemnation order and cannot be safely occupied. Due to the unhealthy and unsanitary condition in the house (particularly the presence of fecal matter), and its location as part of a neighborhood, it is imperative that the City have the ability to clean and potentially demolish the premises quickly.

Captain Ray Sammons, on behalf of the Dover Police Department, requested that the pictures contained in the presentation not be shown due to the ongoing investigation of the cause of Mrs. Haas’ death. It was the opinion of the City Solicitor, Mr. Nicholas Rodriguez, that it would be permissible to show photos of the condition of the house. Mrs. Townshend stated that the pictures were all taken by staff prior to the site being declared an official crime scene.

Staff recommended that City Council: 1) declare the property dangerous; 2) order the repair, vacation, closure, or demolition in accordance with City of Dover building regulations; and 3) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or to be recovered in a suit at law against the owner.

On behalf of members of Council, Council President Williams thanked Mrs. Townshend and the Inspections Staff for their hard work on this difficult case.

Mr. Carey moved to declare the property located at 101 Jefferson Court a dangerous building, and to authorize the Planning staff to do whatever was necessary, up to and including demolition, and that the City Solicitor be authorized to place a lien on the property. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote (Mr. Ruane and Mr. Hogan absent).

LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE REPORT

The Legislative, Finance and Administration Committee met on July 10, 2006, with Mr. Salters presiding.

Training, Conference, and Travel Policy

During their Regular Meeting of June 26, 2006, at the request of Council, members reviewed the Policy for Training and Conference Reimbursement - Explanation of Request for Reimbursement for Attending Organizational Leadership and Behavior Course. Members were advised that reimbursement procedures regarding training and conference expenses are covered in the Travel Policy, which includes various aspects of eligible items such as mode of transportation, lodging, meals, registration fees, and seminar fees. Mrs. Mitchell, Finance Director, noted that the policy does not have a provision for reimbursement of college courses, which is addressed in the Education Assistance Policy, as outlined in the City's Personnel Handbook. The item was tabled to allow staff additional time of clarify the policy.

During the committee meeting, members were provided a draft of the revised Travel Policy, now titled "Training, Conference and Travel Policy", for their review. The purpose of this policy is to provide guidelines under which City of Dover employees, public officials, and appointees will be reimbursed for authorized travel expenses incurred in the conduct of business for the City of Dover. In addition to the guidelines, specific procedures with regard to incurring and reporting travel related expenses were provided.

Mrs. Mitchell, Finance Director, advised members that this policy will apply to employees of the City of Dover, elected officials, boards, commissions and others, who are engaged in authorized travel and who expend City funds for travel purposes. The Mayor and Members of City Council are not required to submit a Travel Authorization and Completion Form, but are required to follow the financial and budget requirements of this policy. She noted that, while this policy does not cover every possible situation, it establishes adequate guidelines for employees and officials to make appropriate and consistent judgments regarding the expenditure of City funds for reimbursable expenses. It remains the responsibility of city management to control and approve travel-related expenditures. The City Manager and Finance Director may impose more stringent rules when deemed appropriate or necessary. The City Council and the Finance Department will periodically (at least annually) review the implementation of this Policy and will provide policy interpretations and assistance to ensure effective and efficient implementation. Any exceptions will be subject to approval by the Council and Finance Department. Exceptions will only be made in particular cases where adequate justification is presented. The City Council and Finance Director may also, on a case-by case basis, approve reimbursements exceeding the guideline amounts referenced in the policy. In any such instance, a detailed explanation and substantiation (a receipt) is required. Enforcement of the travel policy will be the responsibility of the Finance Director.

Mr. Slavin noted that the Educational Reimbursement Program currently offered to full-time City of Dover employees does not apply to members of Council. He suggested that if members of Council choose to take a course which is not associated with specific governmental organizations, as listed in the policy, they must obtain the approval of the Legislative, Finance and Administration Committee. Mr. Slavin also noted that the course credits should not be used for matriculation toward a degree.

Mr. Salters voiced his concerns regarding the recent request of a Councilman to travel overseas and questioned if that type of trip would fall under this new policy. Mrs. Mitchell indicated that the invitation in question came from the Central Delaware Economic Development Council and would be approved.

Responding to Mr. Hogan, Mrs. Mitchell stated that there is not a designated member of Council who approves the travel requests of other Council members. Mr. Slavin suggested that travel authorization for Council members be discussed at a future date.

The committee recommended adoption of the Training, Conference and Travel Policy, as recommended by staff.

Mr. McGlumphy stated that it was his understanding that this policy is separate from a “Course Reimbursement” policy. Responding to Mr. McGlumphy, Mrs. Mitchell stated that Council members, as part-time employees, were not eligible for the Educational Assistance Program and would not be reimbursed credited college courses.

Mr. McGlumphy moved for adoption of the Policy for Training, Conference, and Travel (Exhibit #2), as recommended by the committee. The motion was seconded by Mr. Salters and unanimously carried.

Budget Amendment Procedure

Members were provided amendments to the Budget Administration - Guidelines for Operating Departments - Department of Finance Procedure F306. Mrs. Mitchell noted that this policy is intended to permit the redistribution of funds in departmental budgets and establishes the procedure to be followed when the approval of a supplemental appropriation is requested. The policy also restricts the redistribution of capital outlay and project related accounts.

During the June 23, 2003 Council Meeting, Mr. Ritter submitted a proposed supplement to the procedure that would address excess salary, related department budget funds to contingency, and deletion of unfunded positions from the personnel system. As a result of the proposed supplement, the procedure was amended accordingly.

Mrs. Mitchell reviewed the amendments to the policy and requested that it be reverted from a policy to a procedure that the City Manager and Finance Director can handle administratively.

The committee recommended approval of the revised Budget Administration - Guidelines for Operating Departments, as recommended by staff, and that it revert from a policy to a procedure.

Mr. McGlumphy questioned if the July 2003 supplement proposed by Mr. Ritter has remained in place. Mrs. Mitchell stated that any excess funds related to salaries are placed in the carried forward balance, which helps fund the next years budget.

Mr. McGlumphy moved for approval of the revised Budget Amendment Procedure as submitted, seconded by Mr. Salters and unanimously carried.

Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Carey and unanimously carried.

PARKS, RECREATION AND COMMUNITY ENHANCEMENT COMMITTEE REPORT

The Parks, Recreation, and Community Enhancement Committee met on July 11, 2006 with Mrs. Russell presiding.

DoveView Senior Apartments: Planned Neighborhood Design - Senior Housing Option

During their meeting of June 13, 2006, the Parks, Recreation, and Community Enhancement Committee reviewed the Active Recreation Area Plan for the DoveView Senior Apartments: Planned Neighborhood Design - Senior Housing Option. Since the Plan relied on the inclusion of the stormwater management pond to meet the active recreation area size requirements, it was necessary that it be of a significant size to allow for water based active recreation activities, such as fishing and boating. The committee recommended approval of staff's recommendations and deferred approval of the Active Recreation Area Plan until the next meeting to allow staff time to review the revised plan and provide an analysis.

Mr. Matthew Spong, of Landscape Architectural Services, presented the revised Recreation Area Plan for the DoveView Senior Apartments (as on file in the office of the City Clerk). The proposed fishing pier was eliminated and the developer will provide a cash-in-lieu contribution for the deficit area of 32,487 square feet, as provided in Article 5 - Supplementary Regulations, Section 10 - Open space, recreation and other public facilities, Subsection 10.17 - Cash in lieu of recreation area construction, of the Dover Code. The active recreation area required for this project is 52,800 square feet and the active recreation area provided is 20,313 square feet; therefore the deficit area is 32,487 square feet. The developer still considers the wet pond to be a community amenity and will provide supplemental aeration, emergent plantings and maintenance to ensure it will not only be functional but attractive.

Project developers, Mr. Bob Ruggio and Mr.Jack Korrozi, responded to questions regarding the safety of an outside fitness center and briefed members on their plans to work in partnership with the Modern Maturity Center. Mrs. Horsey emphasized the need for additional trees around the outside fitness area.

The committee recommended approval of the revised plan and the cash-in-lieu of recreation area construction donation for the deficit area, as recommended by staff.

By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mr. Ruane and Mr. Hogan absent).

Zoning Text Amendment - Elimination of Single-Family conversions to Multi-Family in RG-1 Area

At the request of Mayor Speed, staff prepared an ordinance amendment to Appendix B - Zoning, Article 3 - District Regulations, Section 2 - General residence zones, that would prohibit conversion of one-family residences to multi-family residences in the RG-1 (General Residence) zone and continue to allow them as a conditional use in the RG-2 (General Residence) zone.

Mrs. Ann Marie Townshend, City Planner, and Mr. Scott Koenig, Director of Public Services, provided members with additional information on the proposed amendment. They noted that the RG-1 zone encompasses several neighborhoods within the City, with large areas located downtown. The City is interested in encouraging home ownership within these areas and there is a concern that conversion of houses to apartments could negatively effect the character of those portions of the City. Staff noted that the amendment will aid in the homeownership initiative. Members were advised that properties that are entirely vacant for at least 12 months will be grand fathered under the proposed amendment.

The committee recommended adoption of the proposed amendment to Appendix B - Zoning, Article 3 - District Regulations, Section 2 - General residence zones, as recommended by staff.

By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mr. Ruane and Mr. Hogan absent). (The First Reading of the ordinance will take place during the latter part of the meeting).

Puncheon Run Watershed Action Team Update

Mr. Koenig, Public Services Director, reminded members that the purpose of the Puncheon Run Watershed Action Team is to study the hydrology of the watershed, develop a storm water model, recommend regional strategies and best practices for storm water management, and recommend physical improvements to resolve flooding. He noted that URS, a national consulting firm, has been contracted to conduct the hydrology study and the developers of Eden Hill and Kesselring have agreed to contribute $15,000 each for the study. The two areas of concern are the development issue from the railroad tracks west and a development and flooding issue from the railroad tracks to the Puncheon Run box culvert on Governors Avenue. Once the information from the hydrology study has been received, a formal presentation will be made to the committee.

Mr. Koenig noted that, due to recent heavy rain fall, staff has visited the Puncheon Run stream and discovered an active beaver population, west of the railroad tracks, that has blocked the upland area of the stream.

Mr. Koenig advised members that the Action Team has not formally met and is still awaiting data from Kent Conservation District. He also noted that the Action Team is currently looking for new members who live in the area who are impacted by the Puncheon Run stream. Interested parties were urged to contact the chairman of the committee.

By consent agenda, Mr. Carey moved for acceptance of the Puncheon Run Watershed Action Team Update, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mr. Ruane and Mr. Hogan absent).

John W. Pitts Recreation Center Update

Mr. Zach Carter, Director of Parks and Recreation, informed members that staff will be meeting with the architect to finalize the design of the new center, which include wall color and carpet selections. The bid package will be finalized in August 2006.

By consent agenda, Mr. Carey moved for acceptance of the John W. Pitts Recreation Center Update, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mr. Ruane and Mr. Hogan absent).

Library Site Selection Committee Update

Mr. Carter informed members that the State Legislature has designated $800,000 towards the building of an anchor library in Dover. The funds were allocated and approved during the recent Bond Bill hearings.

By consent agenda, Mr. Carey moved for acceptance of the Library Site Selection Committee Update, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mr. Ruane and Mr. Hogan absent).

By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mr. Ruane and Mr. Hogan absent).

MONTHLY REPORTS - JULY 2004

By motion of Mr. Carey, seconded by Mr. Slavin, the following monthly reports were accepted by consent agenda:

Chief of Police Report

Planning and Inspections Report

At the request of Mr. Carey, Mr. DePrima provided an update on the electrical outages that had occurred recently, as follows:

• The outage on Monday, July 17, 2006, lasted approximately one hour was due to an equipment failure at the McKee Run Station.

• The interruption on Tuesday, July 18, 2006, was caused by a transformer overload at the Dover Downs Substation. Four distribution circuits were affected and power was restored within two and half hours.

• The outage on Thursday, July 20, 2006, was due to an isolated transformer failure located on a pole on Division Street outside of Delaware Auto Sales. This final outage lasted for approximately 20 minutes.

Mr. DePrima noted that none of the power outages were related to each other; however, they were attributed to the record high temperatures during that week.

Mr. Carey moved to accept the City Manager’s Monthly Report, seconded by Mrs. Russell and unanimously carried.

PLANNED NEIGHBORHOOD DESIGN CONCEPT PLAN - BUSH FARM PROPERTY LOCATED NORTH OF AND ADJACENT TO DENNEYS ROAD, ALONG THE EAST AND WEST SIDE OF MCKEE ROAD, CONSISTING OF 134.43 +/- ACRES

The Bush Farm was annexed into the City of Dover in August 2004, and the Planning Commission approved a conceptual subdivision plan in November 2004 for the site. The subject property is located along the north side of Denneys Road along both sides of McKee Road. The property is zoned RM-1 (Medium Density Residence). The project was reviewed by the State through the PLUS process in August 2004. In response to the comments raised by State agencies, the developer has redesigned the plan to create a mixed housing development that would not require crossing of the Mudstone Branch. The project is being resubmitted to the State for review through the PLUS process since the new design differs from that which was previously reviewed and will be reviewed by the State concurrent with this current submission.

The applicant proposes to build approximately 400 units on the site known as the Bush Farm. The northeastern portion of the site will include a mix of multi-family condominium units (approximately 150 units) and townhouses (approximately 100 units). The southwestern portion of the site will include a mix of single-family detached, single family semi-detached, and attached townhouses, totaling approximately 150 units. These will include mostly alley-loaded units, consistent with neo-traditional design. Access to the site would be provided via West Denneys Road and McKee Road.

The applicant is seeking approval under the Planned Neighborhood Design Ordinance (see Zoning

Ordinance Article 3, Section 24.1.a). The Ordinance sets forth a three-step review and approval

process. In the first step, the developer shall meet with the City Council and present a general sketch

plan. The City Council shall determine whether or not the proposed project is of such a design and type that warrants further review by the Planning Commission. If City Council determines that further review is warranted, then the project shall proceed to the second step which is a more detailed Conditional Use Site Plan review and public hearing before the Planning Commission. This submission to City Council represents the first step in the review process. The Planned Neighborhood is intended to “…encourage superior residential environments through a unified planning process ...” by allowing the Planned Neighborhood Design Option in the R-20, R-15, R-10, R-8, RM-1 and RM-2 zones through the Conditional Use process. The PND must present a superior community design that would not be possible under conventional zoning and is in accordance with the goals and policies of the Comprehensive Plan. The sketch plan shall reflect general layout of streets, open space, and housing areas and types.

Comprehensive Plan Recommendations

The City of Dover Comprehensive Plan Update 2003 as amended May 2005 recommends that the property be utilized for Medium Density Residential development. As described in the Comprehensive Plan Update, Medium Density Residential would involve developments of up to eight (8) dwelling units per acre. The Comprehensive Plan establishes stated goals for various types of land uses within the City limits. The stated goal for Residential Land Uses is “to develop and maintain an adequate supply of housing of varying type, size and densities that are aesthetically pleasing and located within neighborhoods designed to promote convenience, conservation, and access to the greater community but which are properly buffered through distance and landscaping from incompatible land uses.”

The Planning Staff recommended this Concept Plan be forwarded to the Planning Commission for further review and consideration through the Conditional Use process. It is important to note this report provides a summary of the project and does not represent Site Plan review commentary. A detailed Site Plan review for code compliance and design considerations is performed through the Conditional Use Site Plan Review process for a Planned Neighborhood Design.

Mr. Keith Adams, on behalf of the applicant, answered questions regarding adding commercial businesses to the project. Mr. Adams stated that due to the proximity to Route 13 and possible objections by neighboring communities, the applicant chose not to pursue that option.

Mr. Slavin moved to refer the Planned Neighborhood Design Concept Plan for the Bush Farm to the Planning Commission, as recommended by Staff, seconded by Mr. Carey and unanimously carried.

REZONING REQUESTS/FIRST READINGS

Requests were received to rezone the following properties. Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.

By motion of Mr. McGlumphy, seconded by Mr. Slavin, Council unanimously referred the following rezoning requests to the Planning Commission on August 21, 2006 and set a public hearing for September 11, 2006 at 7:30 p.m.:

Property Located at Kings Highway East of Route 13, Owned by Playtex Manufacturing, Inc.

A rezoning request for property located at Kings Highway east of Route 13, consisting of 5.7861 +/- acres, owned by Playtex Manufacturing, Inc. The property is currently zoned IPM (Industrial Park Manufacturing) and the requested zoning is C-4 (Highway Commercial)