Regular City Council Meeting
iCal

Sep 23, 2002 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on September 23, 2002 at 7:30 p.m. with Council President Carey presiding. Council members present were Mr. Ritter, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. McGlumphy, Mr. Speed, Mr. Salters, and Mr. Ruane.

Council staff members present were Chief Horvath, Ms. Russell, Mr. DePrima, Mr. Petit de Mange, Fire Chief Bashista, Mrs. Green, and City Solicitor Rodriguez.

OPEN FORUM

The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Carey 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. Ruane requested the addition of item #6F, Kent County Sewer By-Pass, and item #11, Executive Session for Personnel Matters.

Mr. Speed moved for approval of the agenda as amended, seconded by Mr. McGlumphy and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 9, 2002

The Minutes of the Regular Council Meeting of September 9, 2002 were unanimously approved by motion of Mr. Truitt, seconded by Mrs. Williams and bore the written approval of Mayor Hutchison.

CERTIFICATE OF APPRECIATION - CHERYL L. JACKSON

The City Clerk read the following Certificate of Appreciation into the record:

WHEREAS, for several years, Cheryl L. Jackson has participated in the American Heart Walk and so generously volunteered her time and energy by raising money for the American Heart Association to help fight the battle against heart disease; and

WHEREAS, each year, with the help of City of Dover Employees, Cheryl has been able to surpass her fund-raising goals to help advance the research of a disease that claims the lives of approximately one million Americans each year; and

WHEREAS, it is deemed an honor and a privilege to present this Certificate of Recognition to CHERYL L. JACKSON on this 23rd day of September 2002.

PROCLAMATIONS

The City Clerk read the following Proclamations into the record:

Fire Prevention Week

WHEREAS, cooking, heating, and electrical fires represent three of the nation’s leading causes of home fires, and are collectively responsible for nearly half of all home fires and almost one-third of the associated fire deaths; and

WHEREAS, proper installation, testing, and maintenance of smoke alarms are part of a thorough home fire escape plan, and developing a home fire escape plan, with two ways out of each room and an outside meeting place, and practicing it twice a year with every member of the household are critical to escaping a fire safely; and

WHEREAS, the Fire Prevention Week 2002 theme - “Team Up for Fire SafetyTM,” motivates children and families to work together to conduct a home hazard hunt, develop and practice a home fire escape plan, and install and test smoke alarms; and

WHEREAS, the Robbins Hose Company No. 1, serving as the City of Dover’s volunteer fire department, is dedicated to the protection of life and property from the devastating effects of fire; and

WHEREAS, the 21st Annual National Fallen Firefighters Memorial Service will honor 442 firefighters from 34 states who made the ultimate sacrifice to save others in 2001, including the 347 dedicated firefighters who died in the World Trade Center disaster on September 11th.

NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim the week of October 6 - 12, 2002 as FIRE PREVENTION WEEK commemorating the Great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless, and destroyed more than 17,400 buildings, and urge the citizens of the City of Dover to “Team Up for Fire Safety” by participating in fire prevention activities at home, work, and school, and to take the steps needed to make their homes and families safe from the leading causes of home fires.

Race Equality Week

WHEREAS, the National League of Cities is committed to promoting racial equality and justice as a fundamental aspect of a healthy community; and

WHEREAS, the National League of Cities has urged local officials across the country to join together in a national campaign to promote racial equality and justice, and by resolution of the National League of Cities, we declare racism unjust and advocate equal rights for all; and

WHEREAS, by Act of Congress of the United States dated July 2, 1964, the Civil Rights Act of 1964 was adopted banning discrimination because of a person’s color, race, national origin, religion, or sex; and

WHEREAS, by Act of Congress of the United States dated December 6, 1865, the 13th  Amendment of the Constitution of the United States was adopted abolishing slavery; and

WHEREAS, by Act of Congress of the United States dated July 9, 1868, the 14th Amendment of the Constitution of the United States was adopted giving all persons born or naturalized in the United States the right to due process and equal protection under the law.

NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim the week of September 23 - 27, 2002 as “RACE EQUALITY WEEK” in the City of Dover, and urge all citizens to join together to reaffirm our commitment to ensuring racial equality and justice in our City and to work with the National League to Cities to sustain this commitment throughout the country.

Robbins Hose Company No. 1 Volunteer Appreciation Day

WHEREAS, the Robbins Hose Company No. 1 is recognized and designated as the fire company of the City of Dover; and

WHEREAS, the firefighters of the Robbins Hose Company No. 1 serve as volunteers and are ready to respond on short notice to help fellow citizens in need; and

WHEREAS, the City of Dover volunteer firefighters protect our lives, our families, and the economic life of our community from the threat of destructive fire, often at great personal sacrifice; and

WHEREAS, the City of Dover values these trained and organized volunteers, our neighbors, and recognize the excellent service provided to our citizens, as well as their dedication, participation, and support; and

WHEREAS, volunteers of the Robbins Hose Company No. 1 possess such dedication, and as a result of the effective work of this organization, homeowners and merchants are privileged to live in a community that is provided the utmost fire protection as well as the lowest available fire insurance rates.

NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim, Monday, October 7, 2002 as ROBBINS HOSE COMPANY NO. 1 VOLUNTEER APPRECIATION DAY, in recognition of the dedication and hard work that is put forth by the volunteers to protect the citizens and property of the City of Dover and ask the citizens to participate in this event by taking a moment to thank a volunteer firefighter for their dedication and commitment to our community.

ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF US ROUTE 13 AND SCARBOROUGH ROAD - WILMINGTON COLLEGE, INC.

An annexation referendum was held on September 12, 2002 for property located at the southeasterly corner of US Route 13 and Scarborough Road, owned by Wilmington College, Inc.

Referendum Results

The City Clerk reported that the referendum was held with one (1) eligible voter. One (1) vote was cast in favor of the annexation, with no votes cast against annexation.

Mr. Salters moved to accept the Referendum Results as reported, seconded by Mr. Speed and unanimously carried.

Annexation

By motion of Mr. Salters, seconded by Mr. Pitts, Council adopted the following Resolution by a unanimous roll call vote:

A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.

WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and

WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and

WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1.         That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:

             ALL that certain tract, piece, or parcel of land situated in East Dover Hundred, Kent County, State of Delaware, being a portion of the lands no longer required for the construction of a public road known as State Route 1 which leads from Dover to Smyrna, the aid tract being County Tax Parcel No. ED-00-057.00-04-17.00-000 and being more particularly bounded and described as follows, to wit:

             Beginning at a point formed by the intersection of the division line between these lands of the State of Delaware, hereinafter known as the party of the first part, and lands now or formerly of First United Pentecostal Church of Dover, and the existing easterly Right-Of-Way and Denial-Of-Access line of US Route 13, the said point being located opposite State Route 1 construction baseline survey station EX 13 125+20.80 and 95.00 feet distant to the right measured at right angles to the said construction baseline as shown and noted on Right-Of-Way plans for Department of Transportation, Division of Highways, Contract No. 83-110-02;

             Thence from the said point of Beginning, with the said existing Right-Of-Way and Denial-Of-Access line North 47 degrees 14 minutes 15 seconds West, 239.20 feet to a point located on the diagonal Right-Of-Way and Denial-Of-Access line which connects the Right-Of-Way and Denial-Of-Access to Route 13 with the Right-Of-Way and Denial-Of-Access line of SR-1;

             Thence with the said last mentioned diagonal Right-Of-Way and Denial-Of-Access line North 10 degrees 26 minutes 43 seconds West, 91.83 feet to a point located on the existing Right-Of-Way and Denial-Of-Access line of SR-1, the five (5) following courses and distances: (1) North 42 degrees 45 minutes 45 seconds East, 210.43 feet to a point; (2) on the arc of a circle curving to the right with a radius of 2974.79 feet, an arc length of 661.43 feet, a chord bearing of North 49 degrees 43 minutes 10 seconds East, 660.07 feet to a point; (3) North 54 degrees 58 minutes 26 seconds East, 1144.38 feet to a point; (4) on the arc of a circle curving to the right with a radius of 2789.79 feet, an arc length of 291.71 feet, a chord bearing of North 61 degrees 14 minutes 01 seconds East, 291.57 feet to a point; (5) North 65 degrees 47 minutes 27 seconds East, 165.04 feet to a point located on the division line between this parcel and other lands of the State;

             Thence with the last mentioned division line South 37 degrees 29 minutes 46 seconds East, 226.83 feet to a point located on the division line between these lands and lands now or formerly of Inez S. Brooks; and

             Thence with the last mentioned division line South 51 degrees 52 minutes 33 seconds West, 2460.28 feet to the point and place of Beginning.

             Containing within the said metes and bounds 19.328 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 of IO (Institutional Office) 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 24TH day of September, 2002 at 12:01 a.m.

ADOPTED:    SEPTEMBER 23, 2002

Mr. Ruane recalled previous concern regarding this annexation and commended Mayor Hutchison for his work in obtaining approval from the State of Delaware.

Public Hearing - Zoning Classification

The City Planner, Mr. Petit de Mange, explained that the property is currently zoned as BG - General Business, RMH - Residential Manufactured Homes, AR - Agricultural Residential in the County. The Planning Commission recommended that the zoning classification of this property be approved as IO - Institutional and Office.

Surrounding Land Uses - The subject property consists of 19.328+/- acres of land located on the southeasterly corner of the intersection of US Route 13 and Scarborough Road. This property was originally acquired by the State of Delaware as right-of-way associated with the State Route 1 Interchange. Wilmington College recently acquired this property as an addition to its emerging Dover Campus at the former Kent Christian Academy site immediately south and adjoining the subject property. This relatively narrow residual parcel is situated between Wilmington College and Scarborough Road, and as such would be largely undevelopable as a stand alone property. Immediately south and adjoining the subject property is the location of Wilmington College which consists of 19.46+/- acres of land zoned IO. This property was annexed into the City of Dover on February 14, 2000. Wilmington College is in the process of transforming this property from the former church and school complex to a campus of higher education. Further south are a variety of commercial and residential land uses outside the City Limits which are under the jurisdiction of Kent County. These lands include a variety of retail and service commercial uses, mobile home park development and single family residential development.

To the west across US Route 13 are lands zoned C-4 (Highway Commercial) that are occupied by a variety of commercial uses including fast food and convenience retail, hospitality and service commercial uses. To the northwest is a vast land area zoned IO which is the location of Delaware Technical & Community College Terry Campus.

To the north across Scarborough Road are lands zoned RS-1 (Single Family Residential) under the jurisdiction of Kent County which comprise the single family residential development known as Sheffield Farms. Further north at the intersection of Denneys Road and US Route 13 are lands zoned BG (General Business) under the jurisdiction of Kent County that include a plumbing supply business, and fuel service station.

To the east, the landscape is predominated by State Route 1, a major north/south arterial highway. East of State Route 1, the landscape is predominantly rural in character and zoned for low density residential development and agriculture under the jurisdiction of Kent County.

Comprehensive Plan - The City of Dover Comprehensive Plan does not reflect an anticipated land use for the subject property on the Land Use Plan Map.

With respect to institutional land uses, the Comprehensive Plan asserts that (see Ch.7, Page 7-12):

1.Dover will continue to be home to major institutions including places of higher learning that are readily accessible to an urban population; and,

2.Employment in the education sector will continue to play an important role in Dover’s economic vitality.

A stated goal of the Comprehensive Plan is (see Ch.7, Page 7-12):

To maintain and improve the City’s position as a center of government, higher education, and medicine through support of existing institutions and encouraging well designed campuses that are integrated into the community and that have room to expand.

The Comprehensive Plan urges policies and practices that “… preserve and promote the long term vitality of our major institutions and governmental agencies through appropriate zoning, providing protection from incompatible uses, and by providing ample land for future expansion” (see Ch.7, Pages 7-12 and 7-13). To that end, the Comprehensive Plan recommends that all such properties be zoned IO (Institutional and Office) (see Ch.7, Page 7-14):

The Kent County 2002 Comprehensive Plan recommends that this property be utilized for Low Density Residential development.

Interim Annexation Policy - The Interim Annexation Policy identifies the subject property as a Category 2 property which indicates that this property would be potentially desirable for annexation into the City of Dover. Category 2 properties are those areas that generally border the City in close proximity to existing City development that are on the urban/suburban fringe.

Category 2 properties should be considered in light of their impact on existing municipal services, facilities, utilities and fiscal vitality. Proposed land uses should be evaluated in terms of the degree to which they would support and achieve the goals of the Comprehensive Plan. Equally important should be consideration of the development potential under the current Kent County zoning and its impact on the development and image of the City.

The over-arching purpose of the Annexation Policy is the achievement of sound and consistent decisions regarding the growth of the City in locations that afford efficient and effective provision of municipal services for urban land uses. The Annexation Policy also endeavors to restrict urban encroachment into significant agricultural lands, environmentally sensitive areas, and natural open spaces that exist on the fringe of the Greater Dover Area where the landscape and lifestyle is rural in character.

Recommendation of the Planning Staff - The Planning Staff recommended that the subject property be annexed into the City of Dover and that the subject property be zoned I-O upon annexation. In reviewing applicable sections of the City of Dover Comprehensive Plan as described above, it is abundantly clear that the City of Dover intends to foster, promote and support its institutions of higher learning through appropriate zoning, protection from incompatible land uses, and provisions for ample land to enable future expansion. Gladly, the time for expansion has arrived for Wilmington College in a manner and location consistent with the stated goals of the Comprehensive Plan.

The subject property is situated with an abundance of road frontage and visibility along a major gateway into Dover. As such, this property will have a tremendous impact on the future image of Central Delaware and the Capital City. In reviewing this proposal, it is important to consider the appropriateness of the current development potential under RMH (Residential Mobile Home) Zoning and whether or not Scarborough Road is a suitable environment for residential development.

The Planning Staff concludes that, given the existing land use patterns of the area, the traffic characteristics associated with the Scarborough Road Interchange, and the configuration of this remnant piece of land, the subject property would be unsuitable for residential development.

For all of the reasons stated above, and particularly in light of the Comprehensive Plan goals relative to existing institutional uses, the Planning Staff recommended that this annexation be approved and that the subject property be appropriately zoned IO (Institutional and Office) upon annexation.

Public Hearing Testimony - A representative of Wilmington College appeared as applicant and spoke in favor of the proposed annexation. No one spoke in opposition to the annexation.

Council President Carey declared the public hearing open. There being no one present to speak for or against the rezoning, Council President Carey declared the public hearing closed.

Mr. Salters moved that the property be zoned IO (Institutional and Office), as recommended by the Planning Commission. The motion was seconded by Mr. Truitt and by a unanimous roll call vote, Council adopted the following ordinance. (The First Reading of the proposed ordinance was accomplished during the Council Meeting of August 12, 2002.)

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF THE INTERSECTION OF US ROUTE 13 AND SCARBOROUGH ROAD (SR 1 INTERCHANGE)

WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and

WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RMH - Residential Mobile Home, BG - General Business, and AR - Agricultural Residential (Kent County zoning classifications) to I-O Institutional/Office (City of Dover zoning classification).

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1.         That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RMH - Residential Mobile Home, BG - General Business, and AR - Agricultural Residential (Kent County zoning classifications) to IO (City of Dover zoning classification) on that property located at the southeasterly corner of the intersection of US Route13 and Scarborough Road (SR 1 Interchange), owned by Wilmington College, Inc.

ADOPTED:    SEPTEMBER 23, 2002

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on September 9, 2002 with Chairman Salters presiding.

Proposed Zoning Text Amendments - RG-1 Conversion - Single Family Residence

During their Regular Meeting of May 28, 2002, City Council enacted a moratorium on the further conversion of single family dwellings to apartment houses, multi-family dwellings and/or rooming houses in the RG-1 (General Residence & Office) Zoning District. This action was taken in response to numerous citizen complaints pertaining to rental properties, and particularly rental properties associated with off-campus student housing. The moratorium directed the Planning Staff to develop an amendment to the RG-1 District Regulations that would further regulate the conversion of single family dwellings to apartment houses, multi-family dwellings and/or rooming houses.

Mr. Petit de Mange, Planning Director, presented proposed amendments to the RG-1 District Regulations that work collectively to effectuate the following changes in the RG-1 District:

►Remove from the list of Permitted Uses current provisions that allow conversion of the single-family dwellings to apartments and/ or rooming houses.

►Define a new dwelling type to be termed “student home” which would require Public Hearing and Conditional Use approval by the Planning Commission. The proposed amendment would set forth minimum qualifying criteria, isolation distances, parking requirements, and special annual licensing requirements for such proposals.

►Require Public Hearing and Conditional Use approval by the Planning Commission for the conversion of single family dwellings to non-student apartments.

The Planning Commission reviewed an initial draft of the amendments, made suggestions, and indicated their concurrence with the approach and intent of the amendment package. Staff discussed the proposal with residents of the affected neighborhoods and a copy of the proposal was sent to the Kent County Board of Realtors for their review and comment.

The Planning Commission conducted a Public Hearing on the proposal on August 19, 2002. Numerous residents appeared in favor of the proposed amendment. No one appeared to speak in opposition to the proposal.

After review of the proposed amendment, and in consideration of the public testimony, the Planning Commission recommended approval of the proposed amendment package with the following conditions:

1)        that the maximum number of persons permitted to reside within a Student Home be established at four (4) students; and,

2)        that the Conditional Use approval not become null and void for landlords of Student Homes that have been the location of two (2) or more violations of the City of Dover Noise and/or Disorderly Conduct ordinance, or is the location of three (3) or more such violations within any six (6) month period, each of which have resulted in conviction of the offending party if the landlord is actively pursuing a legal eviction proceeding as prescribed by State Law.

A petition favoring the proposed amendments, signed by several residents of Governor’s Avenue, was presented to members for their consideration.

The committee recommended adoption of the proposed RG-1 District Amendments, as recommended by the Planning Commission and staff.

Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Pitts.

Noting that the amendment will prohibit the creation of rooming houses in RG-1 and RG-2 zones, Mr. Speed reiterated his concern that many residents are unable to afford renting more than a single room. By eliminating the option for people to rent and pay weekly for a room, he felt that these individuals would either be forced “out on the street” or they will attempt to circumvent the law. It was his hope that Council will have the opportunity, prior to the adoption of the ordinance, to address these concerns.

Mr. Ruane indicated that although he supports the proposed amendments, he is reluctant in doing so. He alluded to recent articles in the newspaper that indicate the enrollment for local colleges continues to increase and felt that the colleges must be made responsible for accommodating the needs of their students. He suggested that representatives of the City and Wesley College join together in developing a resolution to this matter.

The motion for adoption of the proposed RG-1 Zoning District Amendments, as recommended by the committee, was carried (Mr. Speed abstained). (The First Reading of the ordinance will take place during the latter part of the meeting).

Bid - 22 Cubic Yard Automated Side Loading Refuse Collection Body & Chassis

As detailed in the FY-2003 Operating Budget and the 2003-2007 Capital Investments Plan, the Department of Public Works solicited bids for the purchase of two (2) new 22-cubic yard automated side loading refuse bodies with chassis. These new machines will replace vehicles #444 and #450. Vehicle #444 was sold at the 2002 annual auction, and vehicle #450 will be taken out of service and sold at the next auction. The Department of Public Works prepared a bid package reflective of the current automated fleet’s standards and specifications, and recommended approval of the low bid received from Elliott/Wilson Trucks, Easton, Maryland, in the amount of $298,252, for the purchase of two (2) 22-cubic yard automated side loading refuse collection bodies and chassis.

Staff recommended the issuance of a purchase order to Elliott/Wilson Trucks of Easton, MD in the amount of $298,252 for the purchase of two (2) 22-cubic yard automated side loading refuse collection bodies and chassis.

The committee recommended approval of staff’s recommendation.

Mr. Salters moved to authorize staff to issue a purchase order to Elliott/Wilson Trucks of Easton, MD in the amount of $298,252 for the purchase of two (2) 22-cubic yard automated side loading refuse collection bodies and chassis, as recommended by the committee. The motion was seconded by Mrs. Williams and carried by a unanimous roll call vote.

Bid - Purchase of AS/400 Computer to Replace Existing Unit

During the committee meeting held earlier this evening, members considered a request for the purchase of AS/400 Computer to replace the existing unit. The City is currently running all utility billing, parcel-management, tax billing, licenses and permits, etc. on the existing AS/400 Model 620. The current system has become increasingly degraded in performance and capacity due to increasing workload and data retention requirements. The existing system is more than 6 years old and has reached the limits of its upgrade path. In order to accommodate the current workload and prevent technological obsolescence, a larger, faster and more advanced system is required. Bids were solicited for an AS/400 Model 820 with required associated hardware and system software, with the low bid being received from HTEVAR, LLC in the amount of $136,582.

Installation will be completed approximately 90 calendar days from the approved date of order. A delay of the purchase beyond the date whereby installation may be completed by December 13, 2002 will increase costs by at least $80,000.

Staff recommended awarding a purchase order to the low bidder, HTEVAR, LLC, in the amount of $136,582 for the purchase of the AS/400 model 820 with all required associated hardware and system software.

The committee recommended approval of staff’s recommendation.

Mr. Salters moved for approval of the committee’s recommendation to award a purchase order to HTEVAR, LLC, in the amount of $136,582 for the purchase of the AS/400 model 820 with all required associated hardware and system software. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote.

Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. McGlumphy and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met on September 9, 2002 with Chairman Ruane presiding.

Street Waiver Request - Emerald Pointe

The applicant of Emerald Pointe Subdivision has submitted a request for a waiver from the City of Dover Subdivision Street Design Requirements set forth in the Land Subdivision Regulations (Dover Code, Appendix A, Article VI, Section A). Specifically, the applicant has requested a waiver from the minimum street pavement width requirement of 38 feet to permit a pavement width of 32 feet for all streets in the subdivision. The Plan proposes to maintain the minimum right of way width of 60 feet throughout the subdivision.

Mr. Petit de Mange advised members that the subject property consists of three parcels of land totaling 40.537+ acres situated on the southwest side of McKee Road approximately 1,400+ feet northwest of the intersection with College Road. The property is zoned R-8 (One Family Residence Zone). The owner of record is Emerald Pointe, Inc. (c/o Blenheim Homes, Inc.) and DIAKALP, LLC. The Conceptual Subdivision Plan proposes to subdivide this tract into 107 single family dwelling lots. The development would be accessed from McKee Road approximately 1,800+ feet north of College Road.

The Planning Commission reviewed the proposed street width waiver request as part of its review of the Conceptual Subdivision Plan for Emerald Pointe and recommended approval of the waiver as requested.

The committee recommended approval of the requested street waivers for the Emerald Pointe Subdivision, as recommended by the Planning Commission and staff.

Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a unanimous roll call vote.

Street Waiver Request - Kent County Administration

Kent County Levy Court submitted a request for a waiver from the City of Dover Subdivision Street Design Requirements set forth in the Land Subdivision Regulations (Dover Code, Appendix A, Article VI, Section A). Specifically, the applicants have requested a waiver from the minimum 38 foot paved width requirement to permit paved widths of 30 feet. The applicants have also requested a reduction of right-of-way from 60 feet to 50 feet.

Mr. Petit de Mange advised members that the subject property consists of 7.77+ acres of land zoned C-4 (Highway Commercial) situated on the east side of U.S. Route 113 south of South Little Creek Road. The owner of record is Kent County Levy Court. The Plan proposes the construction of a two-story 77,000+ square foot office building and associated site improvements including parking, utilities, and landscaping. A new street is proposed to link South Little Creek Road to the existing north entrance road in the Blue Hen Corporate Center. A new road is proposed east of the building to connect South Little Creek Road and the north entrance road of the Blue Hen Corporate Center. The proposed street is planned to be dedicated to the City of Dover as a public street.

The Planning Commission reviewed the proposed street right-of-way and street width waiver requests as part of its review of the Site Development Plan for the Kent County Administrative Complex and recommended approval of the waivers as requested.

The committee recommended approval of the requested street waivers for Kent County Administration, as recommended by the Planning Commission and staff.

Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

Bid - Two 69 to 12 KV Transformers

Staff originally planned to purchase and install the Mayfair transformer and begin work on the foundation and steel work at the Division Street substation this year (FY03) (CIP pages 55, 57, 61). $200,000 is budgeted to purchase the Mayfair transformer and $135,000 is budgeted to start the foundation and steel work on the Division Street substation. Next year (FY 04), staff plans to spend $355,000 to finish the remaining foundation and steel work at the Mayfair substation and $750,000 to purchase and install the Division Street transformer and complete the foundation and steel work. There is also $360,000 in this year’s budget to build the 69 KV line from the VanSant to Mayfair line to allow that station to be put into service next year. Bids for the Mayfair transformer were solicited and received as follows:

Agendas