COUNCIL COMMITTEES

The Council Committees Meeting was held on June 24, 1996 at 6:15 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Pitts, Mr. Leary (arrived 6:40 p.m.), Mr. Truitt, Mrs. Malone, Mr. Fenimore, Mr. Salters, Mr. Hare and Mayor Hutchison.

AGENDA ADDITIONS/DELETIONS

Mrs. Malone requested an addition to the Parks and Recreation Committee agenda to include an update on Open Space at Luther Towers - Phase IV. Mr. Fenimore moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.

PARKS AND RECREATION COMMITTEE

The Parks and Recreation Committee met with Chairwoman Malone presiding. Members present were Councilmen Fenimore and Truitt. Mrs. Maxted was absent.

Request for City to Assume Responsibility for Mallard Pond - Mallard Pond Homeowners Association

During a committee meeting of March 27, 1995, the Parks and Recreation Committee considered a request from the Mallard Pond Homeowners Association for the City of Dover to assume responsibility for Mallard Pond. City Council accepted the committee's recommendation that the request be denied until such time as roadway access to the park is obtained, at which time the request would be reconsidered by the committee.

In a letter dated June 14, 1996, Mr. Mark Riddell, President of Mallard Pond Homeowners Association, requested that the City again consider assuming responsibility for the grass land and pond bounded by Heatherfield East, Fox Hall West, Dover Country Club Apartments and Mallard Pond. Mr. Riddell stated in his letter that roadway access to the area is now possible for City mowing and service vehicles via the main entrance to the townhome development currently under construction.

Mrs. Malone stated that the City Clerk's Office sent out notices of this meeting to property owners in the vicinity of the park to inform them of the City's consideration of the request for the City to accept responsibility of the park. No one has relayed to her any objections to the proposal. One resident, Mr. Willis Williams of 240 N. Caroline Place, called Mrs. Malone to relay his support for the City assuming responsibility for the park.

Referring to concerns of former Councilman Weyandt, Mr. Fenimore pointed out that if Council approves this request it would be contrary to the City's parkland ordinances. Mr. Fenimore stated that he discussed with the City Manager the issue of potential liability and was told that the City would be no more liable on this parcel than with any other City maintained parcel. Mr. O'Connor also informed him that any costs for insurance would be marginal. In terms of maintenance costs, the City would incur the expenses of mowing which the City Manager feels is also marginal. Of greater concern to Mr. Fenimore is the expectations of the citizens as well as the expectations of the City. He alluded to such considerations as: (1) how the park would be developed, (2)  would it remain as a passive park or is there expectations for some form of entertainment, (3) would there be a parking concern for those that wish to park on the public streets in the vicinity of park and, (4) are the nearby property owners prepared to permit access by residents from throughout the City since its use cannot be limited to only those who live in the vicinity.

Referring to former Councilman Weyandt's concerns about the City's parkland ordinances, Mrs. Malone clarified that it was the committee's intent to eliminate maintenance by the City of the small pockets of parkland throughout the City. It was not their desire to eliminate a large parcel of property which could be valuable to the City in terms of open space and parkland. She reminded Council that the previous position of City Council in approving cash in lieu of parkland has resulted in very little open space in West Dover. This park would be very beneficial to the City of Dover in providing open space and parkland in a heavily populated residential area.

Mr. O'Connor stated that he and the Parks and Recreation Director, Mr. Zach Carter, looked at this parcel last year. At that time, the City was looking at placing larger parcels of land together to develop parks in the west part of Dover. This parcel would tie in with open space that will eventually be dedicated by Fox Hall West. This is an ideal location for a park, with little financial impact on the City. Mr. O'Connor reiterated Mr. Fenimore's concerns with expectations for the use of the park, stating that the City reserves the right to make changes in the use of the park.

Mr. Hare stated concerns with setting a precedent that would force the City to assume responsibility for private open space in other developments. Since the City has no desire to assume responsibility for small parcels of open space in residential communities, he felt that acceptance of this park would make it difficult to deny any future requests. Mrs. Malone explained that this particular parcel is one that the City would like to assume as it will fulfill a need for open space for the many adjacent residential communities. She stated that the City could review all requests on a case by case basis.

Mr. DePrima stated that the new ordinance has provisions for public dedication of land when the City, after analysis, feels that it is a good location for a public park. Although the ordinance urges private open space, there are clauses for public dedication in certain circumstances.

Mr. Salters stated no objections to the City accepting responsibility for the park, but warned that adjacent property owners must realize that a public park may create problems such as noise and parking.

Mr. John Rowley, Treasurer of Mallard Pond Homeowners Association, stated his opinion that the property owners do not object to the types of uses planned for the park, but only that it be kept as a park. Mr. Rowley stated that only 31 homeowners are responsible for maintaining the park, yet it is open for use to the general public. They feel that if it is maintained by the City, it will take the burden of maintenance from only a few homeowners and it will be an asset that can be enjoyed by all residents of the City.

Mr. Riddell stated that the homeowners feel that although they are required to maintain the park, they have very little authority over its use. They believe that it would benefit a greater number of people if the City were to assume responsibility for the park and open it up to others. Mr. Riddell stated that the property owners are aware that the City could change the current use of the park and they have no objections as long as it is maintained as a park.

Mr. Truitt moved to recommend that the City assume responsibility for the grass land and pond bounded by Heatherfield East, Fox Hall West, Dover Country Club Apartments and Mallard Pond. The motion was seconded by Mr. Fenimore and unanimously carried.

Informational Report - Open Space Luther Towers - Phase IV

On May 16, 1996 a meeting was held to discuss the open space for Luther Towers - Phase IV. The subdivision required 12,100 sq. ft. of land to be provided for recreational use. Luther Towers has provided 80,500 sq. ft. of land for recreational use. They plan only 292 units for the entire site. The area that will be dedicated for open space is currently used for recreational area and they have made the following improvements: Dock, walking path, shuffle board court and park benches. These improvements are appropriate for the age group living in Luther Towers and they meet the requirements of the open space ordinance.

Meeting Adjourned at 6:50 P.M.

UTILITY COMMITTEE

The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Pitts and Fenimore and Mr. Carey and Mr. Kramedas.

Request for Alley Abandonment - 478 N. East Avenue - Vassas

A request was received from Connie and Elisa Vassas for abandonment of an unimproved alley located behind their home at 478 N. East Avenue. The property has been maintained by the property owner since its purchase in 1968. They are installing a fence on their property and would like to incorporate the unimproved alley area since they maintain this area along with their own property.

It was noted by staff that after discussion with the City Solicitor it was decided that requests for abandonment of paper alleys will no longer go before the DAC or Planning Commission thereby expediting the process.

There currently are no water or sewer mains at this location and there are no plans to establish such utilities in the future. None of the City departments consulted had a problem with abandoning the alley as long as an easement is maintained. It is the recommendation of City staff that a public hearing be set to consider abandonment of the entire alley between Garden Lane and Lakeview Drive.

Mr. Fenimore moved to recommend that a public hearing be set for July 8, 1996 to consider abandonment of the entire alley, stipulating that an easement be maintained for the entire length and width of the alley. The motion was seconded by Mr. Carey and unanimously carried. (This issue will be added to the Council Meeting agenda to be held later this evening.)

Mr. Fenimore moved to adjourn, seconded by Mrs. Malone and unanimously carried.

Meeting Adjourned at 6:55 P.M.

                                                                                    Respectfully submitted,

                                                                                    Robin R. Christiansen

                                                                                    Council President

RRC/DJB