COUNCIL COMMITTEES
The Council Committees Meeting was held on October 14, 1996, at 6:40 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Fenimore, Mr. Salters, Mr. Hare and Mayor Hutchison. Mrs. Malone was absent.
AGENDA ADDITIONS/DELETIONS
Mr. Hare requested the addition of an executive session, to discuss legal matters, at the conclusion of the Council Committee's meeting.
Mr. Lambert moved to approve the agenda as amended, seconded by Mr. Leary and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilmen Leary and Hare and Mr. Schaefer. Mr. Merritt was absent.
Proposed Amendments to Ordinances Regulating Abandoned Vehicles on Private Property
During their meeting of September 23, 1996, members considered a letter, from Mr. Roy Bogus of 229 Frear Drive, concerning abandoned vehicles on private property. It was suggested that an ordinance be drafted that would prohibit vehicles from being parked in driveways or in back yards if the tags on the vehicle had expired within three months. This matter was referred to staff for their review and recommendation on proposed solutions.
Based on the discussion that occurred during the previous committee meeting, Mr. DePrima presented members with proposed amendments to Section 13-37 of the Dover Code, regarding wrecked, non-operating, or improperly equipped vehicles. Staff recommended approval of the proposed amendments which will accomplish the following:
a)Adds a prohibition on the keeping of unregistered or uninspected vehicles on property greater than ninety (90) days.
b)Clarifies the existing text by adding stripped vehicles and vehicles that are in such disrepair as to render it unable to operate legally on a public street to the list of prohibitions.
c)Establishes provisions for the Department of Inspections to extend the ninety (90) day limited period for keeping operating, uninspected and unregistered vehicles on property.
d)Clearly establishes that vehicles cannot park in front, side and rear yards unless in approved driveways, carports, garages and parking pads.
Mr. Hare moved to recommend approval of the proposed ordinance amendment to Section 13-37 of the Dover Code (Attachment #1) as recommended by staff. The motion was seconded by Mr. Leary. At the request of Council President Christiansen, Mr. Hare moved to amend his motion to recommend approval subject to the review by the City Solicitor. The seconder, Mr. Leary, agreed to amended motion. The motion, as amended, was unanimously carried.
Mr. Leary moved for adjournment, seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 6:48 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Fenimore and Pitts and Mr. Carey. Mr. Kramedas was absent.
Request for Abandonment of Unimproved Portion of Jefferson Terrace (David Melvin and Lana Terry)
A request was received from Mr. David Melvin, 1008 Monroe Terrace, and Ms. Lana Terry, 1102 Monroe Terrace, for abandonment of an unimproved portion of Jefferson Terrace. They indicated that they have been maintaining the property for approximately 40 years and that the City does not seem to have any particular use for the property.
After careful review and discussions with adjacent property owners, staff recommended denial of the request. Mr. O'Connor explained that abandonment of the public right-of-way would restrict access to two lots owned by Mrs. Lois Schwartz. There are additional lots that would also be denied frontage to a public street and could not be developed. A map was provided to members depicting the proposed abandonment and adjacent properties. Mr. O'Connor advised members that this same request was made by Mr. Cornelius Melvin and considered by City Council on April 12, 1982. At that time, Council denied the request since abandoning that portion of Jefferson Terrace would landlock the Schwartz properties and that the street may be needed for future water and sewer lines. This approval stipulated that Mr. Melvin be permitted to continue use of that unimproved portion of Jefferson Terrace until such time as it is needed by the City.
Responding to Mr. Lambert, Mr. O'Connor indicated that should any of the lots be developed in the future, the unimproved public right-of-way would be needed to provide frontage to a public street. The burden to improve the public right-of-way would be on the developer.
Mr. Fenimore moved to recommend approval of staff's recommendation for denial of the request, seconded by Mr. Carey.
Mr. Hare referred to the letter submitted by Mr. Melvin and relayed concern with a property owner being required to maintain City owned property. Mr. O'Connor explained that all streets have rights-of-ways that border a property owner's front yard, which they maintain; however, the land is actually owned by the City.
Ms. Lois Schwartz advised members that she is the owner of the properties that would be landlocked if the request for abandonment was approved. She stated that the right-of-way is the only access to her lots. Since these are large lots, it is necessary to have the grass mowed by a tractor. If the request for abandonment is approved, Ms. Schwartz relayed her concern with the inability to have the grass mowed. She also expressed concern with devaluation of her properties if the frontage to the properties is eliminated.
Mr. David Melvin, 1008 Monroe Terrace, indicated that the person that mows the grass on Ms. Schwartz' lots currently accesses the vacant lots from her property off of Monroe Terrace. He advised members that the request for abandonment was submitted upon being advised of a low income housing project proposed for the vacant lots. Mr. Melvin noted that he owns property on both sides of the unimproved portion of Jefferson Terrace, which he feared would be improved to provide street access to the new housing project. He stated that he is not concerned with maintaining the right-of-way, but is concerned with it being improved.
On a call for the question by Mr. Fenimore, the motion to recommend denial of the request for abandonment of the unimproved portion of Jefferson Terrace was unanimously carried.
Annexation/Rezoning Request - 1351 & 1361 S. Governors Avenue and 1560 S. DuPont Highway - Calvary Church of the Nazarene
An annexation and rezoning request was received from the Calvary Church of the Nazarene for properties located at 1351 & 1361 S. Governors Avenue and 1560 S. DuPont Highway. The properties are currently zoned RS (Residential Single Family) and BG (General Business) and are used for a church, office building and vacant land. The proposed use is for an individual retail store.
The City Planner, Mr. DePrima, explained that to the northeast, east and southeast are commercial properties along the Route #13 corridor. The properties across Route #13 are in the City and zoned C-4, while those on the same side as the proposed annexation are in the County and zoned BG. To the southwest and west across S. Governors Avenue are residential properties in the County zoned RS-1 (Single Family Residential). Immediately to the north along S. Governors Avenue are a mix of residential and commercial properties in the County and zoned BG. Mr. DePrima stated that the 1996 Comprehensive Plan designates properties in the Route #13 Corridor for Highway Commercial zoning and that the Interim Annexation Policy considers the property in an area desirable for annexation due to its close proximity to City services. The property is located within a larger area of unincorporated property that forms a "peninsula" surrounded on three sides by land incorporated in the City.
Since the proposal is consistent with the Comprehensive Plan, the Interim Annexation Plan and is compatible with most of the surrounding land uses, the Planning Commission recommended approval of the annexation with a zoning classification of C-2A (Limited Commercial). Mr. DePrima noted that the original zoning classification requested for the property was C-4 (Highway Commercial). However, after hearing the concerns of surrounding property owners who were concerned that the C-4 zone would permit certain uses that were undesirable such as used car lots, fast food drive through restaurants and contractor yards, the Planning Commission determined that the C-2A zone would be more appropriate.
Responding to Mr. Lambert's concerns with additional traffic on S. Governors Avenue, Mr. DePrima stated that DelDOT recently performed a traffic analysis regarding the proposed development and determined that the traffic that would be going to and from the proposed retail establishment would not be significant; therefore, a traffic impact study will not be performed. According to DelDOT, this type of development does not draw people to the site and it is felt that the majority of the users will be "drive by traffic" (those already travelling in this area). He stated that DelDOT is more concerned with the way traffic will enter and exit the development. This issue will be considered during site plan review. Mr. DePrima noted that the land could be developed in the County as currently zoned. By approving the request for annexation, the City will play a more important role with regards to site design, traffic issues, etc.
Mr. Fenimore moved to recommend approval of the Planning Commission's recommendation for annexation of properties located at 1351 & 1361 S. Governors Avenue and 1560 S. DuPont Highway, with a zoning classification of C-2A (Limited Commercial). The motion was seconded by Mr. Pitts and carried with Mr. Lambert voting no.
Electric Rate Classification Revisions
The development of open access to transmission facilities and retail wheeling have made it imperative that our electric rates remain competitive. These revised rates will be used for small and medium commercial and industrial customers. Mr. O'Connor stated that by implementing these rates, we will remain competitive with area utilities. The revisions will diversify the current rate structures and address classifications to the type of consumption and use by customers. The proposed revisions would change the Commercial and Industrial Service Classification to Small and Medium Commercial Service Classifications.
Responding to Mr. Lambert, Mr. O'Connor stated that it is estimated that the revisions will cost the City approximately $900,000 per year. Mr. Lambert reminded members that a part of the original plan in signing the contract with Duke/Louis Dreyfus was to review all electric utility rates. The City needs to maintain competitive utility rates with other area utilities, otherwise, we will begin to lose customers and revenues. Mr. O'Connor estimated that retail wheeling will become a reality in Dover in the year 1998.
Mr. Christiansen noted that although the City may first experience a loss with adoption of the new rate classifications, the City will ultimately gain by maintaining competitive utility rates. He stated that the reduction in our rates is necessary for economic development so that new businesses will come to the area and our existing customers will remain.
Mr. Pitts moved to recommend approval of the Electric Rate Classification Revisions, as recommended by staff. The motion was seconded by Mr. Carey and unanimously carried.
Mr. Leary moved to adjourn into executive session for legal matters, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 7:10 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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