COUNCIL COMMITTEES

The Council Committees Meeting was held on July 10, 2000 at 6:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. McGlumphy, Mr. Pitts, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, Mr. Weller, and Mayor Hutchison. Mr. Gorman was absent.

AGENDA ADDITIONS/DELETIONS

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

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilman Carey and Mrs. Street. Councilmen Truitt and Pitts were deputized to serve as members in the absence of Councilman Gorman and Mr. Merritt.

Legal Opinion - Request for Tax Abatement - Lowe’s Company, Inc.

During the Regular Council Meeting of January 24, 2000, members considered a request of Lowe’s Companies, Inc. for tax abatement. In accordance with Section 19.5-34(b), applications for tax abatement received after the certificate of occupancy has been issued must be rejected. The application of Lowe’s Companies, Inc. was submitted on November 23, 1999, and a temporary certificate of occupancy had been issued on November 17, 1999. There was some discussion and request for a legal opinion from the City Solicitor regarding the issue of a temporary certificate of occupancy as opposed to a permanent certificate of occupancy.

In accordance with an opinion submitted by City Solicitor Rodriguez, dated February 18, 2000, Section 19.5-34(b) clearly refers to a certificate of occupancy as opposed to a temporary certificate of occupancy and since Lowe’s was only issued a temporary certificate of occupancy, their application for tax abatement was timely. In conclusion, he recommended that the issue be rectified by Lowe’s making application to the City Assessor to resubmit the abatement question to the Legislative and Finance Committee.

Since receipt of the legal opinion, the City Assessor has made several attempts to contact Lowe’s Companies requesting that they resubmit their application for tax abatement for reconsideration. Although Lowe’s Companies has not resubmitted an application for tax abatement, some members felt that this issue should be addressed.

Responding to Mr. Salters, Mr. O’Connor indicated that there were no stipulations mentioned in the legal opinion that would require a deadline for Lowe’s to resubmit an application for tax abatement. However, he felt that there should be a time limit for accepting an application from Lowe’s at this time. He assured members that a permanent certificate of occupancy has been issued to Lowe’s.

Mr. Carey moved to recommend that a letter be sent by the City Assessor to Lowe’s Companies advising them of the legal opinion and providing a 30-day notice, indicating that they must reapply for tax abatement prior to August 12, 2000 in order to qualify. The motion was seconded by Mr. Weller.

 

Council President Christiansen alluded to the legal opinion which indicates that Lowe’s qualified and should reapply for tax abatement. He noted that Council has considered a proposed ordinance that would eliminate the Tax Abatement Program, which is scheduled for adoption during the Council Meeting later this evening. Should Council rescind the tax abatement program, since the request of Lowe’s was initially received by Council prior to the discontinuation of the tax abatement program, it was his feeling that Lowe’s would be authorized to reapply by virtue of the legal opinion received from City Solicitor Rodriguez.

Responding to Mr. Pitts, Council President Christiansen felt that although the City may not be permitted to institute a 30-day stipulation of receipt of an application from Lowe’s, the City would not be remiss to advise Lowe’s of our desire to have this accomplished in 30 days due to the fact that action to eliminate the program will be taken. He also felt that a 30-day stipulation could expedite their action and decision regarding this matter.

In response to questions of Mr. Truitt, Mr. O’Connor explained that in accordance with the Tax Abatement Program, an application must be submitted prior to the issuance of a (permanent) certificate of occupancy. Therefore, any applications received prior to the adoption of the ordinance to discontinue the Tax Abatement Program, which is scheduled to be adopted by Council on July 10, 2000, will be eligible to receive tax abatement.

On a call for the question by Mr. Carey, the motion was unanimously carried.

Responding to Mr. McGlumphy, Mr. Salters explained that according to the motion, if no response is received from Lowe’s Companies by August 12, 2000, their request for tax abatement will be forfeited.

It was noted that, due to time constraints, staff requested that this matter be considered during the Council Meeting later this evening for final approval.

Proposed Ordinance Amendment - Chapter 2 - Administration, Article III - City Council, Division 1.5 - City Chaplain, Section 2-74 - Appointment and Section 2-75 - Functions

At the request of Council President Christiansen, members considered a proposed ordinance amending Chapter 2, Article III, by adding a new Division 1.5 - City Chaplain, Section 2-74 - Appointment and Section 2-75 - Functions, that will create the appointment of a City Chaplain. Several years ago, City Council appointed a member of the clergy to serve as the official City of Dover Council Chaplain. The appointment would be made in June of each year by the Council President and confirmed by Council. Reverend James H. Williams served as the official City of Dover Council Chaplain from August 1973 until his death in February 1989. City Council has not appointed an official City Chaplain since the death of Reverend Williams.

The proposed ordinance would require the appointment of a City Chaplain to be made in June of each year by the Council President, confirmed by Council, and, although this would not be a paid position, an annual donation would be made in the amount of $240 to the congregation for which the clergy is associated. Council President Christiansen suggested that the annual donation be made in the amount of $240, representing approximately $10 per meeting throughout the year.

Responding to Mr. Weller, Council President Christiansen stated that it has been the City’s practice for the last several years to invite different religious denominations to administer the invocation during Council Meetings. Unfortunately, it has been difficult securing a representative of the clergy for this service. He assured members that the individual recommended to be appointed to serve in this capacity would not specifically or necessarily represent one particular religion.

Mr. Pitts moved to recommend approval of the ordinance amendments regarding the appointment of a City Chaplain (Attachment #1). The motion was seconded by Mr. Carey and unanimously carried.

Proposed Ordinance Amendment - Chapter 7 - Fire Prevention, Protection, Article II - Fire Department, Division 2 - Officers, Section 7-37 - Election and Voting Regulations for Nominees, Subsection (f)

At the request of the Board of Directors of the Robbins Hose Company No. 1, members considered an ordinance amendment that would allow for absentee voting for Line Officers of Robbins Hose Company and that the voting procedure be tailored after the municipal election procedure followed by the City of Dover.

Mr. Weller moved to recommend adoption of the ordinance amendments as requested by the Robbins Hose Company No. 1 (Attachment #2), seconded by Mr. Pitts and unanimously carried.

Maple Dale Property - Designation of Sale Monies

Mrs. Malone addressed members regarding action taken during the Regular Council Meeting of April 26, 1993, whereby Council approved and authorized the sale of a two (2) acre parcel of land, located near the entrance of Maple Dale Country Club (MDCC). The land was sold to MDCC at a price of $40,000.

Mr. O’Connor advised members that in September 1970, MDCC requested the City’s assistance in correcting a water problem at their facility which was being serviced by a private well. The City acquired the parcel of land in November 1970, when MDCC offered the land to the City in exchange for the front foot costs that would be assessed upon the construction of a water line. At that time, the City felt that the parcel of land offered by MDCC could be used for the erection of a water storage tank in the future. The approximate cost for the installation of a water line for MDCC was $9,000 and the approximate value of the parcel of land to be conveyed to the City was $8,600. Mr. O’Connor stated that the City agreed to install the water line to service MDCC in exchange for the two (2) acre parcel of land to be used for the future erection of a water storage tank; therefore, the cost to the City was $9,001 (purchase price for the land as recorded on the deed was $1.00). Since the property was a non-productive, tax-exempt parcel that was maintained by the City of Dover, when MDCC, requested to purchase the property in 1993, the City agreed to sell the property back at a price of $40,000.

Mrs. Malone advised members that, although the parcel of land was intended to house a water tower, it was never utilized in that manner and was always used for open space. When the property was sold to MDCC, the City received the appropriate funds required in accordance with Article 5, Section 10 of the Zoning Code, regarding the receipt of cash in lieu of parkland. At this time, she requested that the funds received for the sale of the land, in the amount of $40,000, be transferred from the General Fund to the Parkland Reserve Account. She felt that since the sale of the parcel created a loss of open space, these funds should be used for the purchase of much needed additional open space.

Responding to Mr. Weller, Mr. O’Connor stated that in 1970, the City had invested $9,001 since the parcel was purchased for $1.00 and there was in-kind services provided in the amount of $9,000.

Mrs. Malone reminded members that a previous study had indicated that in addition to an indoor recreational facility, the City has a need for additional open space. The MDCC property was previously used by residents as a practice field and with its sale, the City lost open space. It was her feeling that when parkland is lost for the sale of property, the funds derived from their sale should be set aside to be used for the purchase of additional parkland. Mrs. Malone stated that the City owns several small parcels of land that are used for open space. If these parcels of land are sold and the funds are not reinvested in parkland, the City will continuously lose parkland. She suggested the possibility of an ordinance that would prevent the loss of parkland.

Mr. Weller relayed concern with the deposit of funds for specific purposes such as the purchase of parkland. It was his feeling that if the funds are deposited into the General Fund, the City could utilize the funds for whatever need may arise, including the purchase of parkland.

Responding, Mr. Truitt felt that such funds should be specifically earmarked. He explained that when resources are taken from a specific benefit that has been provided to the community and those funds are deposited into the General Fund for no specific purpose, the City is not using the thriftiness of saving money for a specific purpose. Considering that the purchase price for the land at MDCC was $40,000, he suggested that $1,001 be kept in the General Fund and the remaining balance be deposited into the Parkland Reserve Account.

In order to avoid setting a precedent, Mr. O’Connor suggested that if members wish to allocate funds to a specific account, that there be no association made to the sale of the land.

Responding to Council President Christiansen, Mr. Karia confirmed that current bond covenants would require replacing the funds that were initially used from the Water Improvement and Extension Fund for the installation of the water line to MDCC ($9,000, plus interest).

Mayor Hutchison felt that when funds become available to the City, they should be deposited into the General Fund. Should the need arise, funds could be transferred to another account appropriately.

Mrs. Malone reiterated her suggestion that an ordinance be considered that would prevent the loss of parkland. Such an ordinance would require the City to reinvest any funds received from the sale of property that has been used by the community for recreational purposes, although it may not have been specifically acquired for recreational purpose, to be re-invested in the purchase of additional parkland.

After much discussion, Mr. Pitts moved to recommend that $31,000 be transferred from the General Fund to the Parkland Reserve Account and $9,000 be transferred to the Water Improvement and Extension Fund. The motion was seconded by Mr. Carey and carried with Mr. Weller voting no.

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

Meeting Adjourned at 6:45 P.M.

PARKS AND RECREATION COMMITTEE

The Parks and Recreation Committee met with Chairwoman Malone presiding. Members present were Councilmen Pitts and McGlumphy, Mr. Davis, and Ms. Moerschel.

Possible Land Acquisition - Schutte Park

At the request of Mrs. Malone, members discussed the possibility of acquiring land, to be utilized for team play and practice fields, to compensate for the lack of open space in the City of Dover. She reminded members that a previous study indicated that, in addition to an indoor recreational facility, the City has a need for outdoor open space. Mrs. Malone noted that there is farmland near Schutte Park and she felt that members should consider the possibility of acquiring some of the land for open space. She also indicated that additional space is available in the rear of Schutte Park and, although it would require that work be done, the area could be used for playing fields. At this time, she suggested that members discuss the issue and provide staff direction in regards to this matter.

Mr. McGlumphy stated that in the early 1990's, a referendum was passed for the Capital School District to renovate the rear portion of Dover High School to create “world class” hockey, soccer, and baseball fields. Unfortunately, this project has not come to fruition. He indicated that there is a critical need for open space and that the school districts alone cannot provide the necessary space for recreational purposes since there are too many groups and too few playing fields.

Ms. Moerschel noted that the space that is available in the rear of Schutte Park is currently used for the mulching program and that, according to the Master Plan for Schutte Park, the area would eventually be converted to playing fields.

Responding, Mr. O’Connor stated that there currently is no other area that can be used by the City for the mulching program.

Considering the size of the corporate limits of the City of Dover, Ms. Moerschel indicated that the City lags behind in protected open space land, both active parkland and passive lands. She suggested that staff devise a land acquisition strategy for parkland and open space. The strategy should include both active and passive recreation and conservation needs of the City. Ms. Moerschel urged members to consider establishing a policy that would require the receipt of any revenues that are generated from the conversion of the use or sale of land to be earmarked for the acquisition of other lands for the purpose or replenishing its current use.

Responding to Mr. Weller, Ms. Moerschel stated that the information is available at the State of Delaware, DNREC, Division of Parks and Recreation, which indicates that the City lags behind in protected open space land as compared to other cities. At the request of Mrs. Malone, Ms. Moerschel agreed to provide members with this information for their review.

Mr. O’Connor advised members that there is a major park currently under construction located on the north side of Dover and that the City has recently acquired six (6) acres located near Dover Country Club Apartments that is rarely used by the community. He also noted that Williams Park and White Oak Park are large parks which are available for use and are rarely used by the community, and that there is a considerable area located at Dover Park. It was his feeling that the City has acquired property for parks and recreation and that passive and conservation needs are addressed through the subdivision regulations by maintaining wetlands and woodland areas. Mr. O’Connor stated that the City is gaining acreage of parks and recreation lands but questioned if the City is addressing the needs of the community.

Responding, Mrs. Malone suggested that the City provide residents information regarding the availability and permitted uses of the public open spaces and parks and recreation areas in the City.

Ms. Moerschel moved to recommend that the City Manager, Mr. O’Connor, and the Parks and Recreation Director, Mr. Carter, lead in the development of a strategic plan for addressing the needs of open space and conservation areas within the City. The motion was seconded by Mr. Davis.

Several members, including the Mayor, relayed concern that the recommendation to develop a strategic plan for open space and conservation areas at this time may affect the perception of residents regarding the City’s priority in the construction of the Recreational Facility at Schutte Park.

Responding, Ms. Moerschel indicated that the recommendation should in no way affect the position of the City with regards to the proposed Recreational Facility at Schutte Park. It was her feeling that the City should continue to study other elements of its infrastructure without altering its position in regards to the Schutte Park Project.

On a call for the question by Ms. Moerschel, the motion was carried with Mr. Pitts voting no.

Ms. Moerschel moved for adjournment, seconded by Mr. Pitts and unanimously carried.

Meeting Adjourned at 7:22 P.M.

UTILITY COMMITTEE

The Utility Committee met with Chairman Weller presiding. Members present were Councilmen Pitts and Truitt, Mr. Lambert, and Mr. Nichols.

Annexation Request - Properties Located on the Southeast Side of the Intersection of U.S. Route 13 and Rustic Lane - Owned by Paradee Oil, Joy L. Larocque, John W. K. Mereider, and Joy L. and Armand A. Larocque (Equitable Owner - Cracker Barrel Old Country Store)

Members considered an annexation request for property located on the southeast side of the intersection of Route 13 and Rustic Lane, consisting of 2.8^+/- acres. The properties are owned by Paradee Oil, Joy L. Larocque, John W. K. Mereider, and Joy L. and Armand A. Larocque. The equitable owner is Cracker Barrel Old Country Store.

Mr. DePrima advised members that the Planning Commission recommended approval of the annexation. He stated that the Interim Annexation Policy considers this area as most desirable due to its proximity to existing services. Areas such as these cause confusion and inconsistencies with regard to the delivery of services, code enforcement, zoning standards, and general jurisdiction. The annexation of such under-developed and abandoned properties is in conformance with the City’s annexation policy and Comprehensive Plan. These properties are located in a very visible part of the gateway into the City from SR1 and Route 13 North. Having these properties developed under the guidelines of City Ordinances and the Planning Commission would help insure that it maintain a very high quality appearance.

Mr. Lambert moved to recommend approval of the Planning Commission’s recommendation for annexation of the properties located on the southeast side of the intersection of Route 13 and Rustic Lane. The motion was seconded by Mr. Nichols and unanimously carried.

Elbert Street Abandonment - Request of Delaware State University - Privatized Student Housing Complex

Members considered a request of Delaware State University for abandonment of Elbert Street, which consists of 15.8760^+/- acres located on the south side of College Road approximately 1,000’ west of the railroad. Elbert Street is a paper street that runs east and west parallel to College Road between Waters Street (dirt road) and Conwell Street (also a paper street). It has a 35’ right-of-way and is 900’ long and is located in the “College Settlement” subdivision which was never built.

The Planning Commission recommended approval of the abandonment of Elbert Street as requested by Delaware State University, considering that they are the only adjacent property owner and have proposed to construct four (4) dormitory buildings to house 260 students. Elbert Street is located in the center of the land that is proposed for development and would interfere with the proposed site development.

Mr. Pitts moved to recommend that a public hearing be held to consider abandonment of Elbert Street, as recommended by the Planning Commission (Resolution - Attachment #3), seconded by Mr. Truitt and unanimously carried.

Requests for Waivers - Subdivision and Street Design Standards - Delaware State University Privatized Student Housing Complex

Subdivision Regulations, Appendix A of the City Code, Article VI, Section A, specify a street pavement width of 38' within a 60' right-of-way with no consideration given to whether or not on-street parking is controlled. A petition to waive certain subdivision street design standards has been received for a privatized student housing complex located on the south side of College Road approximately 1,000’ west of the railroad. The street waiver requests are summarized as follows:

1)Waiver from the 60' minimum right-of-way requirement, to permit a 50' right-of-way width.

2)Waiver from the 38' paved width for public streets, to permit a paved width of 32'.

The waiver request is for two (2) existing streets that were originally platted as part of “College Settlement”, a subdivision that was never developed: Waters Street, which exists today as a dirt road with a 35' right-of-way, and Conwell Street, which is a paper street with a 35' right-of-way. The applicant has agreed to increase the right-of-way an additional 15' for each street to provide a 50’ right-of-way width. This is an improvement over the existing condition; however, a waiver is still required.

The Planning Commission recommended approval of the street waivers as requested by Delaware State University, stipulating that a 10' wide utility easement be retained along the westerly side of the right-of-way of Waters Street and along the easterly side of the right-of-way of Conwell Street to accommodate utility placements which may not fit within the street right-of-way.

Mr. Truitt moved to recommend approval of the requested street waivers for Delaware State University, as recommended by the Planning Commission. The motion was seconded by Mr. Pitts and unanimously carried.

Requests for Waivers - Subdivision and Street Design Standards - Four Seasons

Subdivision Regulations, Appendix A of the City Code, Article VI, Section A, specify a street pavement width of 38' within a 60' right-of-way with no consideration given to whether or not on-street parking is controlled. A petition to waive certain subdivision street design standards has been received for the Four Seasons property located on the southwest corner of the intersection of Walker Road and Saulsbury Road. The street waiver requests are summarized as follows:

1)Waiver from the 60' minimum right-of-way requirement, to permit a 50' right-of-way width.

2)Waiver from the 150' center line radius, to permit a center line radius of 100'.

3)Waiver from the 38' paved width from commercial road paving, to permit a paved width of 24' - No parking.

4)Waiver from the 38' paved width from residential road paving, to permit a paved width of 32'.

5)Waiver from the 38' paved width from residential loop road, to permit a paved width of 24' (interior loop) and 16' (loop entrance).

The Planning Commission recommended approval of the street waiver requests. In making this recommendation, they considered that reducing the pavement width of streets as proposed would provide several benefits including a reduction of impervious cover, less storm water runoff, reduction in design speed and resultant travel speeds, increased pedestrian safety, and a reduction in construction costs.

Mr. DePrima advised members that in this particular instance, there is an existing flooding problem along Saulsbury Road and in the rear yards of the adjacent homes in Bicentennial Village. The developer has oversized the stormwater ponds to alleviate the flooding as much as possible and the waiving of the paved area should make the stormwater ponds even more effective. By reducing the right-of-way, additional trees were preserved, which can play an important role in reducing stormwater runoff.

Having concern with the soil in the area, Mr. Nichols suggested that filter cloths be utilized to help strengthen the street construction. He explained that filter cloths are installed under the base of a street to provide additional support in areas where the ground may be substandard.

Mr. Nichols moved to recommend approval of the requested street waivers for Four Seasons, as recommended by the Planning Commission, stipulating that the developer install filter cloths in the construction of the streets. The motion was seconded by Mr. Pitts and unanimously carried.

Mr. Nichols moved for adjournment, seconded by Mr. Pitts and unanimously carried.

Meeting Adjourned at 7:49 P.M.

Respectfully submitted,

Robin R. Christiansen

Council President

RRC/lcg

S:ClerksOfficeAgendas&MinutesCommittee-Minutes20007-10-00.min