REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 10, 1995 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Weyandt, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Baker, Mrs. Boaman and Mr. Pepper.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen 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 Reverend Roland G. Coon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert requested the addition of an agenda item to discuss a letter to the MPO. Mr. Lambert moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 27, 1995
The Minutes of the Regular Council Meeting of March 27, 1995 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PROCLAMATION - DAYS OF REMEMBRANCE
The City Clerk read into the record the following Proclamation:
WHEREAS, six million Jews were systematically murdered by Nazi Germany and their collaborators from 1933 to 1945, as well as hundreds of thousands of Sinti and Roma (Gypsies) and the handicapped; millions of Poles, religious and political dissidents, and those deemed by the Nazis to be "unworthy of life" were swept into this abyss; and
WHEREAS, all citizens of the United States should remember the atrocities committed by Nazi Germany and their collaborators and recognize that each of us must remain vigilant against tyranny; and
WHEREAS, pursuant to an Act of Congress, the United States Holocaust Memorial Museum designates the Days of Remembrance of the Victims of the Holocaust as Sunday, April 23, 1995 through Sunday, April 30, 1995, including the international Day of Remembrance known as Yom Hashoah; and
WHEREAS, it is appropriate for the citizens of the City of Dover to join in this commemoration with the United States Holocaust Memorial Museum, this nation's center for learning and remembrance of the Holocaust.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the week of Sunday, April 23, 1995 through Sunday, April 30, 1995, as DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST in memory of those victims and in the hope that we will strive, as a nation and individually, to overcome prejudice and inhumanity through education, vigilance and tolerance.
RESOLUTION - GEORGE C. WRIGHT
By motion of Mr. Hare, seconded by Mr. Leary, Council unanimously adopted the following Resolution:
WHEREAS, Mayor George C. Wright, Jr. has dedicated a significant amount of time to public service, having served as a Smyrna Town Councilman for 12 years and as Mayor for the Town of Smyrna for 14 years; and
WHEREAS, in addition to his many Mayoral responsibilities, George Wright also serves as Executive Director of the Delaware League of Local Governments and in that capacity has worked closely with elected officials from the entire State of Delaware; and
WHEREAS, after more than 26 years, Mayor Wright has chosen to retire from elected office.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover extend their sincere appreciation to Mayor George C. Wright for his dedicated service, not only to the Town of Smyrna, but to all towns and cities in the State of Delaware, and for the many years of service and personal sacrifices unselfishly given for the betterment of local government.
BE IT FURTHER RESOLVED that the Mayor and Council of the City of Dover extend their best wishes to Mayor George C. Wright in his future endeavors and wish Mr. & Mrs. Wright good health and happiness in retirement, fulfilling to the utmost their chosen activities.
ADOPTED: April 10, 1995
Council President Christiansen announced that the Resolution will be presented to Mayor Wright at the April meeting of the Delaware League of Local Governments.
RESOLUTION - PAT LYNN DRIVE
By motion of Mr. Weyandt, seconded by Mr. Hare, Council unanimously adopted the following Resolution:
WHEREAS, Patrick H. Lynn was employed by the Capital School District for 27 years, having served as Principal of Dover High School for 21 years and during his tenure with Capital School District, Mr. Lynn earned a reputation of being a very intelligent, fair-minded and caring person; and
WHEREAS, Mr. Lynn served as a member of the City of Dover Council for six years and has served on Levy Court since 1993 and in these positions has been paramount in the outcome of many decisions made by governing bodies that influence our lives on a daily basis; and
WHEREAS, Mr. Lynn has served our community well in many ways and has contributed to the well-being of Dover High School students and the welfare of the citizens of Dover and Kent County by giving tirelessly of his time and energy without desire for recognition, remuneration, or personal gain; and
WHEREAS, the positive impact that Patrick H. Lynn has had on every individual, both young and old, will be a part of their lives forever and will never be forgotten.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the roadway leading to Dover High School from Walker Road be known as
PAT LYNN DRIVE
in recognition of the dedication of Patrick H. Lynn and his positive impact of the lives of so many individuals.
2. That a dedication ceremony be held on April 24, 1995 honoring Patrick H. Lynn and his devotion to his community.
ADOPTED: April 10, 1995
Council President Christiansen announced that the Resolution will be presented to Mr. Lynn at the dedication ceremony which will be held on April 24, 1995 at 4:00 p.m. at the Walker Road intersection with Pat Lynn Drive.
RESOLUTION - SPRING CLEAN UP
By motion of Mr. Hare, seconded by Mr. Leary, Council unanimously adopted the following Resolution:
WHEREAS, we are fortunate to live in a City so bountifully endowed with natural assets and we have a continuing responsibility for preserving our environment by keeping it clean, healthy, and beautiful; and
WHEREAS, the annual Old Dover Days celebration, a period set aside to honor the past and heritage of the City, will be celebrated on May 6, 1995; and
WHEREAS, during this celebration we have the opportunity to demonstrate to ourselves, our neighbors, and our visitors, our commitment to a clean and beautiful city.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the week of April 17 - 21, 1995 is designated as SPRING CLEANUP WEEK in the City of Dover.
2. That all organized and individual segments of our population participate in this noble effort by developing and carrying out imaginative clean-up, paint-up, and fix-up projects which will serve to enhance, restore, or maintain the beauty of all properties in our community.
3. All Spring Clean Up debris should be placed for pickup along with your regular household garbage during the week of April 17 - 21, 1995 so that our City will exemplify cleanliness and beauty during the Old Dover Days celebration.
ADOPTED: April 10, 1995
LETTER TO MPO - SCARBOROUGH ROAD PRIORITY
Mr. Lambert explained that the priority level of the Scarborough Road Project has been moved down to a time frame for commencement within the 1999/2000 budget. He noted that the City previously listed this project as its #2 priority and relayed the importance of the Scarborough Road Project to the City of Dover.
Mr. Lambert moved that City Council request, in a letter to the Metropolitan Planning Organization and copied to the Governor, that DelDOT upgrade their priority of the Scarborough Road Project and that the necessary funding be appropriated to complete the project. The motion was seconded by Mr. Leary and unanimously carried.
CONSIDERATION OF REVERTING ZONING CLASSIFICATION - MAPLE DALE DRIVE - MAPLE DALE COUNTRY CLUB
The one year rezoning limitation period on projects that do not go forward with construction has expired for property located along Maple Dale Drive, owned by Maple Dale Country Club. In accordance with Article 10, Section 5.183 of the Zoning Code, Council shall reconsider the zoning classification unless they are given a satisfactory explanation for the failure to commence construction and reasonable assurance that construction will commence soon after passage of the one year period.
The following letter was sent to City Council from Daniel Krausz, President of MDCC, relative to the rezoning:
"Under current City regulations we understand that rezoned property comes up for review one year after rezoning if the property has not been developed. With respect to the rezoning of the parcel of the land at the entrance of Maple Dale Country Club, a part of which we purchased from the City, we hereby request that Council not consider changing the zoning back to the previous zoning.
One purpose of this letter is to explain the reason why construction has not commenced on this project. First, please recall that after zoning approval last year, Maple Dale requested a variance from the City's requirements to install sidewalks at this location. This matter was brought before Council who referred it to the planning commission for recommendations. Subsequent to that, it went back to Council and was referred to a committee who performed a study on the sidewalk issue. There were several delays and on June 27, 1994, the City granted an extension of the contract of sale with Maple Dale in order to keep the contract from expiring. Finally, at the August 8, 1994, City Council Meeting, Council did vote to allow for a variance for sidewalks at this subdivision. On August 19, 1994, the closing took place between the City and Maple Dale, and on August 25, 1994, Maple Dale began marketing the lots at this location for the first time. The initial private offering of the lots to members of Maple Dale Country Club was not successful and the Maple Dale Board of Directors subsequently turned the marketing over to the Burns & Ellis Realty Company in mid September.
Burns & Ellis installed "For Sale" signs and began marketing the lots. However, by this time, it was fall and generally not the best time to sell high profile building lots of this nature. According to the Realtor winter is not a good time for marketing. However, with the breaking of spring, we understand that interest has picked up and are optimistic that the sale of lots should begin soon. The fact remains that the delay in getting final approval from the City until August resulted in an approximate delay of five months from the date that the rezoning took place. Maple Dale feels this should be taken into consideration in evaluating the one year review requirement of the City.
We would also like to point out that unlike other subdivisions that are starting with raw ground and need a great deal of preparation, this subdivision basically is already in existence except the fact that the sewer line needs to be extended and water taps need to be placed into the existing water line in Maple Dale Road. Since only these limited utilities need to be constructed, it seemed logical not to do this work until the first lot was sold and construction began. Economics is also a part in the equation because as Council recognized in the sales contract, Maple Dale Country Club was not in the financial condition to front monies into this development until the first lot was sold.
In summary, the five month delay in getting to closing on the property after the rezoning and the fact that the major portion of the infrastructure is already in place, and the inability to sell any lots combine to provide an adequate reason why no additional construction has begun on this subdivision.
The second purpose of this letter is to provide Council reasonable assurance that construction will begin in the near future. There is currently interest being shown in some of the building lots and we believe that within the next few months, the first lot will be sold and at that point construction will begin on the remaining utilities that need to be in place. As Council should recognize, we are going to sell the lots to owners who will do their own house construction, and there will not be any "spec" houses built by Maple Dale.
In conclusion, Maple Dale Country Club hereby requests that there be no reconsideration of the rezoning of this parcel at this time."
In a letter to Council, Mr. DePrima relayed his opinion that information in the letter from Mr. Krausz meets the criteria that the City Council has set forth in the Code to permit extensions of the period in which construction must start. He recommended that the letter be accepted and that an extension of six months be granted.
Noting that when an extension is granted, it is normally granted for a period of one year, Mr. Weyandt felt that Council should be consistent and that a one year extension should be granted.
Mr. Salters moved to grant a one year extension on the zoning classification of R-15 for the properties along Maple Dale Drive, owned by Maple Dale Country Club. (It was noted that if the Code requirements are not met, this matter will be reconsidered by Council in April 1996.) The motion was seconded by Mrs. Malone and carried by a roll call vote of seven (7) yes, two (2) abstentions (Mr. Leary and Mr. Hare).
PUBLIC HEARING - REZONING OF 885 & 939 S. GOVERNORS AVENUE & TWO ADJACENT VACANT PARCELS
A public hearing was duly advertised for this time and place to consider rezoning of property located at 885 and 939 S. Governors Avenue and two adjacent vacant lots, owned by Harold and Florence Halpern and Joel Halpern.
Planner's Review
Mr. Petit de Mange, Assistant Planner, stated that the owners of the property wish to expand their building and their parking area. Two of the parcels are currently zoned as RG-0 (Residential and General Office) and the other two remaining parcels are zoned R-8 (One Family Residence). The requested zoning classification of CPO (Commercial/Professional Office) generally promotes superior development, prevents offices in mature residential neighborhoods and serves as a transition area between low, medium, and high intensity development.
In explaining the surrounding land uses, Mr. Petit de Mange stated that to the north of the properties and immediately adjacent is the Grange Hall and associated parking areas are zoned R-8 (Residential). To the immediate south is a residential lot owned by the Halperns' and further south are other residential lands, all zoned R-8 (Residential). To the west and across S. Governors Avenue are single family homes zoned R-8 (Residential). The Comprehensive Plan update calls for this area to be used for low density residential development.
The Planning Commission recommended approval of the rezoning request, but noted that they would not support further rezoning of Parcel E (967 S. Governors Avenue) and F (vacant parcel fronting on Bradford Street) in the future and that no entrance should ever be permitted from the Governors Avenue parcel through the lot fronting on Bradford Street which could create a commercial entrance onto Bradford Street.
Public Hearing
Council President Christiansen declared the hearing open.
Dr. Joel Halpern spoke during the public hearing, stating that their practice is nearly 51 years old and that their growth over the years has caused the need for expansion. He requested that the rezoning be approved. He stated no objections to the Planning Commission's recommendations.
Council President Christiansen declared the hearing closed.
Mr. Hare moved for approval of the rezoning request as recommended by the Planning Commission, including all stipulations outlined by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance: (The first reading of this ordinance was accomplished during the Council Meeting of February 27, 1995.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTIES LOCATED AT 885 AND 939 SOUTH GOVERNORS AVENUE AND TWO VACANT LOTS ADJACENT TO SAID PROPERTIES.
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 properties described below from R-8 (One Family Residential Zone) and RG-0 (General Residence and Office Zone) to C/PO (Commercial/Professional Offices).
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 R-8 and RG-0 to C/PO on that property located at 885 and 939 S. Governors Avenue and two vacant lots adjacent to said properties, owned by Harold and Florence S. Halpern and Joel Halpern.
ADOPTED: April 10, 1995
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on April 11, 1995 with Chairman Salters presiding.
Total Review of Capital Investments Plan (Committee of the Whole)
The committee reviewed the Capital Investments Plan as presented by Mr. O'Connor. Mr. O'Connor stated that the Capital Investments Plan is a planned document designed to coordinate and communicate the City's capital requirements for the next year, and used as a guide for the City. He suggested that the committee review the plan on a cursory basis, with detailed review to occur during the budgetary review process.
There was discussion on the procedure used in reviewing the CIP prior to review of the budget, but no official action was taken.
The committee recommended acceptance of the Capital Investments Plan (CIP).
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried.
Full-Time Mayor Proposal
The proposal for a full-time Mayor was reviewed by the committee but was presented to Council during their meeting of March 27, 1995. Mr. Salters noted that no further action is necessary.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on March 27, 1995 with Councilwoman Malone presiding in the absence of Mr. Pitts.
Request for City to Assume Responsibility for Mallard Pond - Mallard Pond Homeowners Association
The committee reviewed a request from Mr. Mark Riddel, President and Director of the Mallard Pond Homeowners Association, that City Council assume responsibility for the grass land and pond bounded by Mallard Pond, Heatherfield East, Fox Hall West, and Dover Country Club Apartments. This area is designated as open space for Mallard Pond. Mr. Riddel felt that the area would be perfect for a park that could be enjoyed by all residents surrounding the land.
Mr. O'Connor felt that the City would benefit from obtaining the property as it could serve as parkland for several adjacent developments. However, there currently is no road access to the park. The land currently is accessed by only small narrow walkways which would prohibit access by maintenance equipment. Mr. O'Connor stated that the Planning Commission approved the Marsh Creek Plan which will allow roadway access to the 6.5 acres of land. Since the parkland will provide parkland access for Marsh Creek, Mallard Pond, Fox Hall West, Heatherfield East, Heatherfield, Brandywine Court Condominiums and Country Club Apartments, Mr. O'Connor recommended that the committee accept responsibility of the land, contingent upon the roads being constructed to allow access to the park.
Referring to the recently adopted Open Space ordinance, Mr. Weyandt felt that approval of the request would be a contradiction to the ordinance. Mr. O'Connor agreed that this action would be contradictory, but that staff recommended its acceptance since it is 6.5 acres of land that could benefit many developments and was being discussed prior to adoption of the new ordinance. There was also discussion that if the parkland is accepted that it be open to residents of the entire City and not to only adjacent subdivisions.
Mr. DePrima explained that part of the problem with this parcel is that the Mallard Pond Homeowners Association has experienced a problem since not every homeowner was required to be in the Association. This requirement was made in homeowner's deeds, but was not implemented in the beginning of the project. This left only a percentage of the homeowners to participate in the Association and to pay for maintenance of the parkland.
Mr. Leary expressed concern with denying the request since the developers were told several months ago that the City would accept the parkland provided there was roadway access. There was also discussion on whether or not homeowners that are not in the Association were made aware of the proposal that, if approved, would open the parkland to everyone in the City of Dover.
The committee recommended that the request be denied until such time as roadway access to the park is obtained, at which time the request could be reviewed by the Committee. Mrs. Malone requested that when the committee considers this request in the future, that a notice be sent to all affected homeowners.
Mrs. Malone moved for approval of the committee's recommendation, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Mrs. Malone moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on March 27, 1995 with Chairman Lambert presiding.
Acceptance of Dedication of Rights-of-Way and Utilities - Westfield
The developer of Westfield has requested that the streets and utilities be accepted for maintenance and ownership by the City. After construction was completed, City staff inspected the improvements and provided the developer with a list of repairs to be made to meet City standards. The work has been completed and a one-year maintenance agreement and bond, and release of liabilities was submitted.
Mrs. Malone requested that Council require the developer to dedicate the last part of Lilac Drive and a small section of Pebble Valley Drive which will permit school buses to enter the development. Mr. Lambert requested that Mrs. Malone present a drawing to the committee for review at a future meeting.
The committee recommended acceptance of dedication of rights-of-way and utilities of Westfield.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
Hydraulic Excavator - Evaluation of Bids
In conjunction with the establishment of the in-house construction unit, the Department of Public Works solicited bids for a current production Hydraulic Excavator. This machine will be used for the installation and repair of water mains, sanitary sewer mains, and storm sewer mains as well as ditch and storm water management maintenance. Staff recommended that the bid be awarded to Alban Tractor Co., Inc. in the amount of $175,048. The recommendation is based on the City's ability to rent the machine for six (6) months with the option to apply 100% of the rent to the purchase price in addition to the ability to service and repair the machine locally (within fifteen (15) miles of Dover).
Mr. Tudor reiterated previous concerns with the in-house construction unit. He stated that he does not believe that the City will be able to competitively compete with private enterprise. He objected to spending large amounts of money to purchase equipment to test this project.
The committee recommended awarding the bid to Alban Tractor Co., Inc. in the amount of $175,048 (which contains the option to purchase at expiration of the lease) stipulating that the committee review the purchase option one month prior to expiration of the lease.
Mr. Tudor asked if the excavator is a track vehicle or a rubber tire vehicle. Mr. O'Connor stated that it is a track vehicle and will be transported by a local contractor that will charge us $100 to move it across town.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Tudor).
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mrs. Malone and unanimously carried.
REZONING REQUEST - 11, 21 & 23 N. STATE STREET - MURIEL SCHWARTZ
A request was received to rezone property located at 11, 21 & 23 N. State Street, owned by Muriel Schwartz. The property is currently zoned RG-1 (General Residence) and the requested zoning is RG-0 (General Residence and Office). The owners have requested inclusion into the Historic District.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Lambert, seconded by Mr. Salters, Council unanimously referred the request to the Planning Commission and set a public hearing for May 8, 1995 at 7:30 p.m. The first reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 11, 21 AND 23 NORTH STATE STREET.
Asked by members of Council if rezoning application fees are sufficient to cover the administrative costs associated with rezonings, Mr. Petit de Mange stated that they are probably insufficient to cover all administrative costs. Since the Planning Department is very busy with updating the Comprehensive Plan, members of Council requested that upon completion of the Comprehensive Plan, or as time permits, that the City Planner review rezoning fees to determine if an adjustment is necessary.
APPOINTMENTS - DOWNTOWN DOVER DEVELOPMENT CORPORATION (DDDC)
Mayor Hutchison recommended the reappointment of Mr. Mike Harrington, Mr. Wayne Holden and Mr. Gerald Street to the Downtown Dover Development Corporation. The appointments are for three year terms, to expire April 23, 1998.
Mr. Weyandt moved for confirmation of the appointments as submitted by Mayor Hutchison. The motion was seconded by Mrs. Malone and unanimously carried.
Mr. Weyandt moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:15 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of April 10, 1995, are hereby approved.
JAMES L. HUTCHISON MAYOR