SPECIAL UTILITY COMMITTEE

A Special Utility Committee Meeting was held on August 11, 2003, at 4:30 p.m. with Chairman Ruane presiding. Members present were Mr. Carey, Mr. Ritter, Mr. Lambert, and Mr. Farling. Others present were Mr. McGlumphy, Mr. Pitts, Mr. Truitt, Mr. Salters, and Mayor Hutchison.

AGENDA ADDITIONS/DELETIONS

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

KENT COUNTY ADMINISTRATION BUILDING SERVICE ROADS

Officials from the City of Dover have worked in partnership with the Kent County Levy Court to ensure that the new Kent County Administration Building is located within the city limits. This working partnership has led to the current proposal for the Kent County Administration Building to be constructed on the old Acme site located on U.S. 113. The Mayor and former City Manager held an extensive series of meetings with County officials to site the building within the city limits. During these discussions, the Mayor and former City Manager agreed to support the dedication of the service roads to the new building.

The rights-of-way plan (Attachment A) shows the general configuration of the subject rights-of-way to be dedicated to the City of Dover. At this time, some of the rights-of-way are improved and some of the rights-of-way are unimproved. Under normal circumstances, the developer of a parcel would construct the right-of-way improvements and then dedicate the improvements to the City of Dover.

A number of events have created extraordinary circumstances for this development proposal. These events include, but are not limited to the final transfer of land between Kent County and Blue Hen Venture, the award of the demolition contract for the old Acme Building, the sitework contract for the new Administration Building and commitments between the County and State of Delaware regarding the occupancy of office space.

In addition, the working partnership between the City and the County has created an opportunity that necessitates an expedited dedication and acceptance of the subject rights-of-way prior to the planned improvements actually being constructed, since Kent County is securing funding for the construction of the road and right-of-way improvements from area legislators through the use of Community Transportation Funds. To be eligible for this funding stream, these rights-of-way must be dedicated and accepted for public use prior to receiving funds for the improvements identified in the development plan.

Waiver Request for Right-of-Way/Dedication of Rights-of-Way

The Kent County Levy Court requested and received a partial waiver of sidewalks for the right-of-way abutting the Blue Hen Corporate Center. This waiver was granted by the City of Dover Planning Commission in August 2002, along with the original site plan approval. On September 23, 2002, City Council, upon recommendation by the Planning Commission and the Utility Committee, granted a waiver to Kent County Levy Court that allowed for the reduction in the minimum thirty-eight (38) foot paved width requirement to permit paved widths of thirty (30) feet and the reduction of right-of-way from sixty (60) feet to fifty (50) feet. On July 21, 2003, the Planning Commission approved a revised site plan dated July 10, 2003, granted a one-year extension to the original site plan approval, and forwarded a recommendation regarding a request to waive certain right-of-way dimensions and configurations. The current waiver request (Attachment B) must be considered in conjunction with the dedication of rights-of-way for this project.

The Mayor and former City Manager verbally agreed to manage the construction of the road improvements under a contract to be bid by the City of Dover. The bid package for the road improvements is to be prepared by Kent County’s Consulting Engineer for turn over to the City of Dover Department of Public Works. The funds secured by Kent County from area legislators will be channeled through the City of Dover, which will hire a contractor to build the road improvements based on a public bidding process. The City of Dover will not contribute funds to the cost of the roadway improvements and will only provide in-kind professional services to facilitate the construction of the roadway improvements. The County will “ensure funds are available to complete the work” as stated in correspondence dated July 25, 2003 from Mr. Robert S. McLeod, County Administrator (Attachment C). In addition, Kent County Levy Court will be solely responsible for any recordation and legal fees associated with the conveyance.

A large pylon sign (Blue Hen Corporate Center) exists on the curb island immediately adjacent to the right-of-way of U.S. 113. Mechanisms that insure the maintenance of this sign will be required as part of the final recommendation. If the sign needs to be replaced at some point in the future, it must be removed from the City’s right-of-way and reconstructed on private property. Should the sign fall into disrepair, the City of Dover reserves the right to have the sign removed within an appropriate period of time and assess the cost of removal to the appropriate property owners.

In expediting this right-of-way dedication and acceptance, it shall be understood that this action is based upon the special public interest and public purposes inherent in the construction of a new Kent County Administration Complex. The special circumstances involved with this project should not be viewed as creating any precedent for other applications for right-of-way or road dedications and/or acceptances that do not meet the provisions of applicable City ordinances and/or regulations.

Staff recommended acceptance of the dedication of the rights-of-way with the following waivers and conditions:

1)         The dimensions of the right-of-way will vary from fifty (50) feet to eighty-five (85) feet. The parallel boundary lines of the right-of-way vary in form (curves and angles). These variations are the result of parcel boundaries, existing service road dimensions, and the configuration of the existing north entrance to the Blue Hen Corporate Center.

2)         A note must be added to the final record plan that states: Kent County will ensure all of the funds are available to construct and/or rehabilitate the proposed road segments shown on the approved site plan.

3)         The City of Dover Department of Public Works will administer the construction of road improvements.

4)         A note must be added to the final record plan that states: The large pylon sign that exists on the curb island immediately adjacent to U.S. 113 will not be dedicated to the City of Dover and will be maintained by its owner to standards outlined in the City of Dover Code of Ordinances. If the sign needs to be replaced at some point in the future, it will be removed by its owner from the City’s right-of-way and reconstructed on private property. Should the sign fall into disrepair, the City of Dover reserves the right to have the sign removed within an appropriate period of time and assess the cost of removal to the appropriate property owner.

5)         A note must be added to the final record plan that states: The County will remove the old service road as a condition of occupancy and barricade the road section immediately south of the commercial properties along U.S. 113.

6)         If the City later determines that the same public purpose for which this dedication was required no longer exists, it shall reconvey the property to the original owners or to the owners’ successor in interest except for all or any portion of the property that is required for that same public purpose or for public utilities.

Responding to concerns of Mr. Greg Moore of the Becker Morgan Group, Mr. DePrima suggested amending item #5 by striking “the commercial properties along U.S. 113" and inserting in lieu thereof “property now or formerly owned by Leased Restaurant Partners, Inc.”

Mr. Carey moved to recommend approval of the request to waive the requirements of Article VI. Subdivision - General, Section A. Streets, paragraphs 10, 11, and 12, for lands of Kent County Levy Court, located at 555 Bay Road, seconded by Mr. Farling and unanimously carried.

Mr. Ruane reiterated that this rights-of-way dedication and acceptance was expedited based upon the special public interest and public purposes inherent in the construction of a new Kent County Administration Complex and that the special circumstances involved with this project should not be viewed as creating any precedent for other applications for rights-of-way or road dedications and/or acceptances that do not meet the provisions of applicable City ordinances and/or regulations.

Mr. Carey moved to recommend approval of the dedication of the rights-of-way, subject to conditions numbered one (1) through six (6), with the amendment to condition number five (5), as suggested by the City Manager. The motion was seconded by Mr. Lambert and unanimously carried.

Mr. Carey moved to forward the item to Council for consideration later in the evening, seconded by Mr. Lambert and unanimously carried.

Mr. Carey moved for adjournment, seconded by Mr. Ritter and unanimously carried.

Meeting Adjourned at 5:05 P.M.

Respectfully submitted,

Eugene B. Ruane

EBR/tm

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