REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 22, 1990 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hall, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. Cregar, Mrs. Boaman and Ms. Cristy Reihm. Fire Chief Whitham was absent.
The invocation was given by Reverend Rudolph Garnes, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt requested the addition of correspondence from Telamon Corporation relative to the rezoning of lands owned by LDP Properties (item #9B). Mr. Lynn moved for approval of the agenda as amended, seconded by Mr. Daisey and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 9, 1990
The Minutes of the Regular Council Meeting of October 9, 1990 were unanimously approved by motion of Mr. Lynn, seconded by Mr. VanSant and bore the written approval of Mayor Richter.
ANNOUNCEMENTS - STORER CABLE COMMUNICATIONS
General Manager of Storer Cable Communications, Mr. Chris Wegemer, announced the addition of a new service - “Pay-Per-View" Customers can come into the office and pay a fee for a device that would permit the viewing of otherwise restricted special events. Mr. Wegemer also announced his plans to leave Storer Cable Communications. They are in the process of selecting a new General Manager.
Mr. Wegemer thanked members of Council and staff for their support and cooperation while he served as General Manager of Storer.
REZONING PUBLIC HEARING - WEST SIDE OF U.S. ROUTE 413 - KW LANDS
A public hearing was duly advertised for this time and place to consider rezoning of property located on the west side of U.S. Route #13, north of and adjacent to the Sheraton Inn, owned by KW Lands. The public hearing on this rezoning was tabled by Council during their meeting of September 10, 1990 at the request of the owners.
Mr. VanSant moved that the matter be removed from the table, seconded by Mr. Lynn and unanimously carried.
Planner's Review
It is the finding of the Planning staff that the subdivision of the property and the subsequent development of two separate retail establishments changes the factual situation presented to the Planning Commission in such a way that the recommended zoning classification of SC-2 (Shopping Center Zone) is no longer possible.
Wal-Mart Stores, Inc. will be handling the purchase of the property but it will be divided into two parcels; one of which will be a Wal-Mart Store titled in the name of Wal-Mart Stores, Inc. and the other being Sam's Wholesale Club which will be titled in the name of Wal-Mart Properties, Inc. Since two separate corporations will be title holders to the properties, the shopping center zone is no longer applicable.
The Commission reviewed the proposed subdivision in concept and reported that, as proposed, subdividing the tract into three (3) distinct properties would be in compliance with all minimum lot area requirements of the C-4 zoning which the applicant seeks.
Although in most instances it would not be appropriate to create a property with no direct frontage on a street, the provision of the cross access easement to serve all three tracts, and in particular Tract 2, will ensure that all tracts involved will have adequate access in perpetuity when developed.
Several different zoning categories have been applied to this property which include lands zoned IPM (Industrial Park Manufacturing), IO (Institutional & Office), C-4 (Highway Commercial) and R-C (Recreation & Commercial).
Correspondence
The City Clerk reported that a letter was received from Forward Central Delaware in support of the proposed rezoning.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. William Whitham, attorney representing KW Lands, Wal-Mart Stores, Inc., and Wal-Mart Properties, Inc., explained that his clients concur with the recommendation of the Planning Commission and urged Council's approval of the rezoning request.
Council President Christiansen declared the hearnng closed.
Mr. Hall moved for approval of the rezoning request as recommended by the Planning Commission, seconded by Mr. Lynn. By a roll call vote of eight (8) yes, one (1) abstention (Christiansen), the motion was approved and Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE WEST SIDE OF U.S. ROUTE #13, NORTH OF AND ADJACENT TO THE SHERATON INN.
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 RC, 10, and IPM to C-4.
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 RC, IO, and IPM to C-4 on that property located on the west side of U.S. Route #13, north of and adjacent to the Sheraton Inn, owned by KW Lands.
ADOPTED: October 22, 1990
In explanation of his abstention, Mr. Christiansen stated that his employers are associates with the Wal-Mart companies.
MONTHLY REPORTS - SEPTEMBER
Mr. VanSant moved for approval of the following monthly reports, seconded by Mr. Pitts and unanimously carried.
City Alderman Report
J.P. Court #7 Report
City Manager Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Internal Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
After receiving answers to questions oil the remaining monthly reports, Mr. Weyandt moved for approval of the Chief of Police Report, Building Inspector and Fire Marshal Report, and City Assessor Report. The motion was seconded by Mr. Lynn and unanimously carried.
CITY MANAGER'S REPORT - ROBBINS HOSE COMPANY SEMI-ANNUAL INSPECTION
City Code requires that the City Manager perform a semi-annual inspection of the fire company. Mr. Worley reported that all equipment is in good operating order and the building is in sound condition. The current goal of the Fire company is the establishment of a West Dover fire station. The possibility of including the fire station costs in a planned bond issue next spring is being, discussed. A funding plan will be submitted to Council at a later date. The company's annual fund drive response has been average to date.
Members of Council encouraged citizens to contribute to the Robbins Hose Company fund drive. reminding everyone that Dover is very fortunate to have such an excellent volunteer fire company. Tax exempt charitable organizations were also encouraged to donate freely since they receive the services of Robbins Hose Company with no tax contributions towards funding the service.
Mr. Lynn moved for acceptance of the report, seconded by Mr. Salters and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on October 10, 1990 with Chairman VanSant presiding.
Mr. VanSant moved for approval, the committee's action on the following matters, seconded by Mr. Weyandt and unanimously carried.
#B-2 - Annexation Request for Property on Fox Hall Drive
Action delayed to allow time for staff to survey surrounding property owners to determine interest of annexation.
#D-2 - Acceptance of Streets and Utilities - Mallard Pond
Action was tabled since necessary repairs have not been completed.
#E - Development Incentives
Committee took no action pending the outcome of a joint workshop with Council and DDDC on October 29, 1990.
Appeal of Outstanding Water Bill
The committee reviewed an appeal of an outstanding water bill by Mr. Jack Costello for property located at 789 Walker Road. Mr. Costello was originally billed for 311.000 gallons water/sewer usage, totaling, $917.36. Since it was certified that a broken toilet caused the excessive usage, with water having leaked onto the floor, the bill was adjusted to a reduced amount o6 $385.23. The adjustment was made to the sewer charges since no water went into the sewer system. The committee recommended that no further adjustments be made to the bill.
Mr. VanSant explained that Mr. Costello has requested that his appeal be withdrawn. Mr. VanSant moved for acceptance of the withdrawn appeal and that no further action be taken. The motion was seconded by Mr. Lynn and carried with Mr. Christiansen voting no.
Annexation Request - Dorothy Tipsword
An annexation request from Dorothy Tipsword for property located on Willis Road was reviewed by the committee. In order to eliminate the islands to the west of Girl Scout Lane and bring in those properties of which water and sewer services are now available, the committee recommended that two annexation referendums be held: 1) for the Tipsword property located on Willis Road; and 2) for properties #01, #02, and #03 located on Girl Scout Lane.
Mr. VanSant moved for approval of the committee's recommendation. The motion was seconded by Lynn and Council unanimously adopted the following Resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
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, within a zoning classification of RG-2 and R-8 as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein:
Referendum #1
BEGINNING at a point in the east line of Nimitz Road at a corner for this lot and for lands of Leon Tarburton, said point of beginning being, north 25 degrees 13 minutes west of and 210 feet from the intersection of the east line of Nimitz Road with the north right-of-way line of the north Little Creek Road; thence running from said point of beginning with the east line of Nimitz Road north 25 degrees 13 minutes west 131.92 feet to a point in the east line of Nimitz Road at a new corner now established for this lot and for other lands of the grantors; thence running a new line now established separating this parcel from other lands of the grantors north 64 degrees 47 minutes east 200 feet to a new corner now established for this lot and for other lands of the grantors in line of lands of Leon Tarburton; thence running with lands of Tarburton south 25 degrees 13 minutes east 132.92 feet to a corner for this lot and for lands of Tarburton; thence continuing with lands of Tarburton south 64 degrees 47 minutes west 200 feet to the place of beginning, and containing 26,384square feet of land, be the same more or less.
Referendum #2
BEGINNING at a point of intersection of the westerly line of Girl Scout Lane and the northerly line of North Little Creek Road, then with the northerly line of North Little Creek Road in a westerly direction north 80 degrees 45 minutes west a distance of 399.18 feet to a point, then with lands now or formerly of Harold E. Haines, north 24 degrees 38 minutes 32 seconds west, 271.01 feet to a point, then with lands of the City of Dover north 65 degrees 1 minute 34 seconds east a distance of 271.54 feet to a point, then along a line separating lands of the City of Dover on the west and lands of David L. and Mary N. Miller on the east north 20 degrees 30 minutes west approximately 153.40 to a corner for lands of the City of Dover, then with lands of the City of Dover north 81 degrees 35 minutes east 215.91 feet to the west line of Girl Scout Lane, then with the west line of Girl Scout Lane a distance of 614.96 feet to the northerly line of North Little Creek Road, and containing 4.2267 acres of land more or less.
2. That the election be held on the 29th day of November, 1990 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED: October 22, 1990
Request to Waive Subdivision Regulations - MCCK Limited Partnership
MCCK Limited Partnership submitted a request for a variance and/or waiver from the subdivision regulations for the proposed development located on Kenton and Dennys Roads. The developers plan a development consisting of approximately 375 homes with 119 acres of open space. The property is largely wooded with mature trees. The planned community consists of cluster housing to preserve the natural features of the land and to enhance socialization through neighborhoods. Planned communities generally have a variety of housing types and integral private parks and recreational areas.
The developer informed the committee that the overall density would be 1.42 units/acre, which is less than the maximum of 2 units/acre required to be eligible in Dover for a variance and/or waiver, from the subdivision regulations. The main road, which connects the two entrances of the community, will be per normal standards consisting of a 60' right-of-way, 38' paving section, and sidewalks on both sides of the road. They requested that all other roads (feeders), except for the cluster unit cul-de-sac roads, consist of a 60' right-of-way, with 28' paving section, and sidewalks on one side of the road. It is also requested that permission be granted for a 40' right-of-way and 28' paving sections for the cluster unit cul-de-sac roads. The actual cul-de-sac portion of the road would have islands in the middle and have 30' right-of-way and a 28' paving section.
The Planning Commission recommended denial of the request. Mr. Cregar stated that in principle, he appraise with the developer's concept to waiver or vary certain requirements since strict compliance would have a detrimental effect on the desired preservation of the natural features or amenities of the subdivision. However, Mr. Cregar noted that the developer must have the ability to address the concerns of City staff.
The developers informed the committee that they have agreed to the request of Robbins Hose Company to eliminate parking on one side of the streets that have 28' paving sections and to permit parking around the outside parameter of any islands located in the cul-de-sacs to accommodate a larger turning radius for fire apparatus. The developers also agreed to work with the City's Public Works Department to assure that landscaping will support the use of the cul-de-sac islands for snow removal.
In presenting the committee's recommendations to Council, Mr. VanSant explained that the requests were broken into four separate issues:
1. The committee recommended that a variance and/or waiver be granted for the "feeder" roads to consist of a 60' right-of-way, with 28' paving section, provided that parking is restricted to one side only.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Salters. The motion failed by a roll call vote of six (6) no, three (3) yes (Hall, Mr. Salters and Mr. VanSant).
2. The committee recommended denial of the request for a waiver from the sidewalk policy and to require the installation of sidewalks on both sides of the road.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
3. The committee recommended that a variance and /or waiver be granted that would allow the cluster unit cul-de-sac roads to consist of a 40' right of-way, with 28' paving section; the actual cul-de-sac portion of the road having islands in the middle and a 34' right-of-way, with 28' paving, section, with no parking on the interior of the circle of the cul-de-sac. It was stipulated that the developers shall work with the City's Public Works Department to assure that landscaping will support the use of the island for snow removal.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Salters.
Some members of Council expressed concern with waiving subdivision regulations. Mr. Cregar explained that under the subdivision regulations, Council has the right to waive certain requirements and that the proposed development falls within the guidelines to be eligible for Council review of such waivers. He reiterated that since strict compliance could have a detrimental effect on the desired preservation of natural features or amenities, he agrees with the concept of the developer's request to vary certain requirements providing that all concerns of staff are addressed.
Regarding Council's concerns of setting precedents, Mr. Salters stated that if Council cannot grant a waiver without setting a precedent, then the provisions permitting such a waiver should be removed from the regulations.
On a call for the question by Mr. Weyandt, the motion failed by a roll call vote of five (5) no, four (4) yes (Hall, Mr. Salters, Mr. Lynn, and Mr. VanSant).
4. Mr. Cregar advised that Council granted a rezoning for this property in December 1989. He noted that the developers will not be able to meet the one year limitation requirement for construction on the land. Since he City is aware of the developer's progress, Mr. Cregar suggested that Council consider an extension on the rezoning at this time.
The committee recommended that Council grant an extension on the rezoning for the property located on Kenton and Dennys Roads due to utility delays.
Mr. VanSant moved to approve the committee's recommendation to grant an extension on the rezoning of property owned by MCCK, located on Kenton and Dennys Roads, due to utility delays. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
Acceptance of Streets and Utilities - Greenway Lane Condominiums
The developer of Greenway Lane Condominiums has requested that the streets and utilities of Greenway Lane Condominiums be accepted for maintenance and ownership by the City. City staff has inspected the improvements and provided the developer with a list of repairs to be made to meet City standards, which have been completed. As built drawings and a one year maintenance agreement and bond, and a Release from Liabilities form have been submitted.
The committee recommended acceptance of the dedication of Greenway Lane Condominiums.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Daisey and carried by a unanimous roll call vote.
Employee Commendation
Mr. Greg Purcell advised the committee of a recent electrical problem incurred at his residence. He commended the Electric Department employees for their quick and professional response. Mr. VanSant noted that Mr. Purcell sat through the entire committee meeting to relay his comments to committee members. He thanked Mr. Purcell for taking the time to bring his praise before the committee and members of Council extended their appreciation to the Electric Department employees for their hard work.
Mr. VanSant moved for acceptance of the Utility Committee Report, seconded by Mr. Weyandt and unanimously carried.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met on October 11, 1990 with Chairman Daisey presiding.
Staff Report on Review of Edgehill Alley Problems
Staff reported that the owners of the alley were contacted regarding Mr. and Mrs. DeVary's concerns of ongoing problems with the Edgehill Alley. The owners feel that the situation is a matter to be dealt with by the residents and the Police Department as problems occur.
Chief Hutchison recommended that the committee take no action on this matter due to the possible adverse precedent that could be set if the City took action since it is private property.
The committee took no further action, but assured Mr. DeVary that the Police Department will increase patrol to help alleviate the problems in the alley.
Mr. Levitt reminded citizens that although the committee did not take action, this matter will continue to be reviewed and citizen input is always welcome.
Report on Meeting with Woodmill Residents - Access Road
Mr. Worley and Chief Hutchison met with Woodmill residents and reported their findings to the Committee for review. Continuous speeding of vehicles, street light outages, and drainage problems as a result of standing water in ditches, were the three major issues discussed. Staff reported that the replacement of the light bulbs has relieved the street light problem. Referring to the standing water in the ditches, staff has determined that the problem is not the water table. Staff will continue to inspect the standing water until a remedy is determined. Speeding in that area is an ongoing problem and the Police Department will continue to monitor the vehicles by radar.
No further action was necessary.
Dover Heritage Trail - Suggestions on Two Hour Parking Limitations
The committee considered a letter from Mr. Howard Row, regarding inadequate parking spaces available for tourist parking once the two hour parking restrictions are implemented.
Should a two hour parking restriction be implemented (Phase II) in the area of Capital Green and Water Street, staff suggested that Council may want to consider issuing a parking permit or meter tokens to the tourists for unlimited hourly parking. Should Council take this step in the future, staff warned that it could set a precedent for other groups with similar problems. Mr. Worley stated that the two areas which would effect the Dover Heritage Trail would be The Green and Water Street. Should parking stickers be issued to the Dover Heritage Trail, Mr. Worley stated that other organizations could expect the same exemptions.
Mr. Row noted that his presence before the committee was to make members aware of a possible future parking problem for tourists. He did not request any action at this time.
Staff suggested no action on this matter, pending the outcome of the two hour parking program in Phase I which was recently implemented.
Mr. Hall moved for acceptance of the Safety Advisory Committee report, seconded by Mr. Levitt and unanimously carried.
APPOINTMENT OF ELECTION JUDGES - ROBBINS COMPANY ELECTION
The following names were submitted for persons to serve as judges for the Robbins Hose Company Election, to be held on November 19, 1990, between the hours of 7:00 p. m. and 9:00 p. m. (1) Carleton Dill, President; (2) John McCoy; and (3) Donald Hayes.
Weyandt moved for approval of the appointments, seconded by Mr. Hall and carried with Mr. Christiansen not voting.
CORRESPONDENCE
Request to Reschedule Rezoning Public Hearing - Bay Developers
A request was received from C. Terry Jackson II, Architect for Bay Developers, Inc., to reschedule the rezoning public hearing for property owned by Bay Developers, located at College Business Park. Since the Planning Commission tabled action at their October 15th meeting, Mr. Jackson requested that the rezoning public hearing be rescheduled for December 10, 1990.
Mr. VanSant moved that the rezoning public hearing for College Business Park, owned by Bay Developers. Inc. be rescheduled from its original date of November 12, 1990 to December 10, 1990 at 7:30 p.m. The motion was seconded by Mr. Salters and unanimously carried.
Request for Withdrawal of Rezoning Application - LDP Properties
A request was received from Telamon Corporation to withdraw a rezoning application for property located at the corner of Whiteoak and Willis Roads, owned by LDP Properties. A request for reimbursement of application fees was also expressed.
Mr. Weyandt moved for approval of the request to withdraw the rezoning application and for referral to the Planning Department. The motion was seconded by Mr. Lynn and unanimously carried.
Mr. Salters moved to adjourn into open forum and then into executive session to discuss personnel and legal matters, seconded by Mr. Daisey and unanimously carried.
Meeting Adjourned at 8:55 P.M.
OPEN FORUM
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.
Lloyd Schmid - Evaluation of Children’s Books - City of Dover Library
Mr. Lloyd Schmid of 342 Alder Road explained to Council that his seven year old daughter checked out a book from the children's section of the City of Dover Library entitled "Rhyme Stew". After reviewing the book himself, Mr. Schmid stated that the book of poetry, written by Roald Dahl, contains several sexual references and should not be classified as a juvenile book. After contacting the Library Director, Mr, Bob Wetherall, Mr. Schmid was informed that he book was classified by the Library of Congress and given the juvenile book classification. Mr. Schmid requested that members of Council review the book and have it placed in a different section of the library.
Council President Christiansen assured Mr. Schmid that City staff will investigate the matter for a report to Council.
Meeting Adjourned at 9:00 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 22, 1990, are hereby approved.
JOHN E. RICHTER
MAYOR
jg