COUNCIL MINUTES AUGUST 4, 2014

Transcription

1 COUNCIL MINUTES AUGUST 4, 2014 The regular meeting of Mayor and Council was held on the above date with Councilmen Jim Reynolds, Jason Faulkner, Bob Pierce, Robert McGhee and Andrew Chas present with Mayor Branner presiding. Town Manager Morris Deputy was also present. Town Solicitor Scott Chambers and Councilwoman Robin Burgess were absent. 1. Minutes Approval: Moved by Mr. Pierce and seconded by Mr. McGhee to approve the Minutes of July 7, 2014 as presented. Motion Carried Unanimously. 2. Treasurer s Report: Moved by Mr. Pierce and seconded by Mr. McGhee to approve the Treasurer s Report as presented in printed form. Motion Carried Unanimously. 3. Bills Payable: Moved by Mr. Reynolds and seconded by Mr. Pierce to approve the Bills Payable as presented and pay as funds become available. Motion Carried Unanimously. 4. Police Report: Chief Dan Yeager The MPD responded to 1,280 calls for service for the Month of July. 302 incidents required documentation. 59 incidents required arrest action totaling 129 criminal arrests. Calls for service: Zone 1 247; Zone 2 360; Zone 3 257; Zone accidents: 24 property damage; 12 property damage/hit & run; 3 personal injury. 1 significant drug arrest. 6 Burglaries: Cavalier Dr., Maple Ave., W. Lake Street, Academy Lane, S. Broad St., Aidone Drive. 2 Robberies: Wawa at W. Main Street and Doc Levinson Drive. 2 Weapons related incidents. Community Alert: 14 thefts from vehicles were reported during the month of July. Majority of the thefts occurred to vehicles that were left unsecured. Call volume analysis: Busiest days Tuesday 202, and Thursday 222 calls for service between the hours of 11 a.m. and 4 p.m. Top five calls for service: 192 parking violations; 151 property checks; 149 vehicle stops; 84 follow up investigations and 70 public relations. Moved by Mr. McGhee and seconded by Mr. Reynolds to accept the Police Report as presented by Chief Yeager. Motion Carried Unanimously. Board of Adjustment Appointment Mayor Branner appointed Debra Sutton Vice Chair of the Board of Adjustment, per the recommendation by Chairman Robert McDowell. Ms. Sutton will chair the Board of Adjustment meetings in Chairman McDowell s absence. The appointment is effective as of this date. 5. Public Hearings: 5 A. Westown Residential Development Conceptual Plan Rick Woodin explained that he was attending the meeting at the request of the new owners of the property to answer any question regarding infrastructure, traffic agreements, etc., because of his involvement with the property. Phil Toliver of Morris, Ritchie Associates presented the proposed plan. Mr. Toliver commented the plan was part of the overall Westown Master Plan. Mr. Toliver pointed out that the current record plan (westerly

2 portion of the property 137 acres) has 232 single family, 131 townhomes and 108 apartments for a total of 471 units. On the easterly portion sits 92 acres of residual land, zoned R 3. The total allowable EDU s for the parcel is approximately 687, based on zoning at 3 EDU s per acre. This plan proposes 641 units. Two access points will be provided. The existing sewer will be utilized. The stormwater management facilities will remain. Any new stormwater management facilities will comply with the new stormwater management code. The lots backing up to the woods at Deep Creek Branch will be placed away from the trees to save as many of the trees as possible. Additional plantings will be provided on the western property line to provide a buffer from the industrial users. The original plan had a mix of single family, townhomes and apartments. This plan proposes a mix of single family and townhomes. A separate section will be allocated for apartments located closer to Rt Two community recreation areas are proposed. Mayor Branner said that when the property was annexed, a commitment was made to the Woodward s that the lane to their farm house would remain. The plan shows houses in the lane area. Mr. Toliver said the property owner had not yet been contacted; they do have his contact information and will do so. Mayor Branner also commented that a condition for annexation included property being set aside for a substation for the fire company. Mr. Toliver said the property for the substation is at the corner of Levels Road and St. Anne s Church Road, the sliver of property that was left over when the round about was built. All prior requirements are still valid. Mr. Reynolds said he thought a link between Industrial Drive and the community was to be provided. Mr. Toliver said, for safety issues, they would prefer not to install a connection due to the possibility of truck traffic using the connection to go thru the development. The large stream and 100 year flood plain would require a bridge to cross it. Mr. Reynolds said the truck traffic can be restricted from the development. After a short discussion, it was suggested to review the residential plan and the manufacturing industrial parcel for a possible connection. Fire Chief Frank Bailey suggested the developer consider naming the separate areas different names so the emergency responders can locate an address more efficiently. Mr. Bailey supports having a connection to the development from Industrial Drive. Mayor Branner said the plan had been to extend Merrimac Avenue through the 200 acre parcel this is a conceptual plan so there is time to consider a connection. A resident asked if any improvements are planned for the intersection at Rt. 71 and St. Anne s Church Road as part of this development. Mayor Branner yes, at the build out of Westown. 5 B. Westown Town Center Lot 3 Record Major Land Development Plan to include a Wendy s fast food restaurant and a Valvoline Quick Lube at the existing parcel, located at the intersection of U.S. 301 and Merrimac Avenue. Tax Parcel No Jim Curran with Karins Associates presented the Record Plan for Wendy s and Valvoline Quick Lube service center. A minor change for Wendy s was to provide one way circulation around their building to parallel the drive thru motion. Both entrances will have two way traffic until Wendy s. Mayor Branner said Planning and Zoning recommended approval. 2

3 Moved by Mr. Faulkner and seconded by Mr. Pierce to approve the Record Major Land Development Plan for Wendy s and Valvoline Quick Lube at the intersection of 301 and Merrimac Avenue. Motion Carried Unanimously. 5 C. Westown Town Center Phase 3 Westown 42 Acres, LLC Record Minor Subdivision/ Land Development Plan to subdivide Parcel 2 (Texas Roadhouse) into two parcels and to further identify public areas on parcels 2 and 3. Tax Parcel Rick Woodin represented Westown 42 Acres, LLC. The plan proposes to subdivide Texas Roadhouse property to create its own parcel. Planning and Zoning recommended unanimous approval of the plan. The Board of Adjustment granted a 10 setback parking variance on the west side of the building. There is no visible difference on the currently approved plan; the subdivision is for financing purposes. There are no site layout changes to the plan. The facility is expected to be completed within the next 45 days. Mr. Woodin pointed out the location of Commerce Drive, Texas Roadhouse and the proposed locations for a hotel, bank, church, access road from Commerce Drive to 301, and future rightin/right out. No specific users are proposed at this time. Moved by Mr. Faulkner and seconded by Mr. McGhee to approve the Record Minor Subdivision/Land Development Plan for Westown Town Center Phase 3. Motion Carried Unanimously. 5 D. 2. The Parkway at Southridge Residential Parkway Unimproved TH Lots, LLC, Parkway APT Lots I, LLC, and Parkway APT Lots II, LLC Record Re Subdivision Plan to amend the current recorded subdivision plan to: (1) extinguish various unconstructed street rights of way; (2) replace the condominium parcels with apartment development; (3) extinguish townhouse lots 473 to 536 and incorporate that area into the parcels identified for future apartment development; (4) to revise townhouse lot lines for lots 466 through 472, and (5) to relocate and designate a new community center parcel for the remaining townhouse lots. Tax Parcel Nos.: thru ; thru , thru ; ; & thru Rick Woodin stated the purpose of the plan is to create additional parcels for apartments and to remove various streets platted on the prior plan. Approximately 80 townhouses will be removed from the site. Most of the apartments are against the back the commercial area. The previous plan contained three 4 story, multi family buildings, and six 3 story, multi family buildings. No access changes are proposed; storm water does not change. The community center for the townhouses will be more centrally located. The apartment community will have its own facility. The purpose of this plan is to modify the apartment parcels. The developer will present a Major Subdivision Plan to Planning and Zoning, and Preliminary and Record Plan to Council for final approval in the near future. Mr. Woodin presented a concept plan for the proposed changes. The apartment buildings will be 12 or 24 unit buildings. The units do not have garages. The 24 unit buildings will be 3 stories; equivalent to the size of an 8 unit townhouse building. (Four 8 unit townhouse buildings currently exist.) The 4 story buildings previously proposed will not be built. A mix of porches, railings, metal roofing, stone, siding, etc. will be used. The following are concerns/questions presented by a number of Spring Arbor residents: 3

4 Tony Vigorito: How many apartments? Rick Woodin: 242 townhouses and 204 multi family were previously approved this plan has 162; the number of apartments will increase slightly. The preliminary plan will be more defined with the number of units, layout, etc. Why change from townhouses to apartments? Mr. Woodin: Housing market has changed; basically no demand for condominiums. There is a demand for high quality apartments. Charles Gibbons: Why change from townhouses to apartments? Mayor Branner: The property was previously approved for multi family housing; it wasn t going to be single family. If they were all townhouses they could still be rentals. The property went into bankruptcy and another developer has purchased the property and will build out the townhouses. Resident: What rental price is proposed? Rick Woodin: Not sure at this time but the market rate is about $1200. Resident: Apartments usually de value property. Mayor Branner: The project proposes up scale rentals. This is concept stage and more information will be provided on the size and number of units, etc., when the Preliminary Land Development Plan is presented. This is the subdivision plan to create 2 parcels. Two public hearings with Council and 1 with Planning and Zoning will be advertised and held at a later date for the Land Development Plan. At that time the developer will go on record with specifics on the number and types of units, proposed rentals, etc. Mayor Branner pointed out that the Westown Master Plan has been in existence since 2007 showing proposed development from Westown down to St. Anne s development, from Bunker Hill Road to the 301 Truck Stop and down Levels Road. Bruce Ersek: Is there anything that can be done to stop the apartments from being built? Mayor Branner: The P&Z meeting is the third Thursday of the month Planning and Zoning will make a recommendation to us, and Council will act on their recommendation for the Preliminary Plan proposal. Claude Newton: What is the name of the developer and do we have the names of developments he has completed? Mayor Branner: Louis Capano; he took over St. Anne s when Corruzzi filed for bankruptcy. He does have other developments in the state. Rick Woodin: He has about eleven apartment complexes in Delaware and his own management company. Resident: How will the density affect schools and the tax base? Mayor Branner: That was already calculated in the Westown Master Plan. Rick Woodin: Originally the Westown Master Plan proposed 1,600 units. It s now reduced to +/ 650. The school capacity has been addressed. Deborah Thomas: Can the apartments be age restricted? Margaret Potane: Concerns for traffic Merrimac won t be able to handle the traffic. Mayor Branner: As part of the Master Plan, traffic studies were done for Merrimac and Bunker Hill based on the proposed commercial and residential units. There are three exits to Rt. 301: one by Chick fil A, Bunker Hill and Merrimac Avenue. Kathleen Sontag: Based on zoning, the apartments will be built. Mayor Branner: Apartments, condos and townhouses are located in the same zoning district. The property is only being subdivided tonight two different parcels for two different owners. The townhouses at the Parkway at South Ridge are being built now another row of townhouses will be built facing Merrimac. The new plan has not been presented yet. Gary Riley: Concerned with children walking thru his yard and Spring Arbor to go to school. 4

5 Bob Gouge: The plans were already approved when the Spring Arbor residents purchased their homes. The prospective purchasers could have gone to the town office and looked at the approved plans. The developer could move forward with the plans already approved for the property and build condos, apartments and townhouses. Eleanor Schaffer: Questioned the lack of landscaping in the section under construction. Mayor Branner: The Town has landscaping requirements and landscaping will be installed. John: It will be Section 8. Moved by Mr. Pierce and seconded by Mr. Reynolds to grant approval for the Record Re Subdivision Plan to subdivide the Parkway at Southridge Residential property as presented, for tax parcels thru ; thru , thru ; ; & thru Motion Carried Unanimously. 5 E. Adopt a Resolution to amend the Rules and Regulations, including the Electric Tariff for the Town of Middletown, regarding the net metering policy. The Resolution amends the Town s net metering policy to include customers who lease or contract with a third party that owns and operates a generation facility. The Resolution aligns the Town s policy with the Delaware Code. Moved by Mr. Faulkner and seconded by Mr. McGhee to amend the Rules and Regulations, including the Electric Tariff for the Town of Middletown regarding the net metering policy. Motion Carried Unanimously. 5 F. Motion to Ratify a contract for 2014 Road Restoration through Municipal Street Aid. Morris Deputy reported that 8 bids were received for the project. After thorough review by KCI Technologies, it was determined that Cirillo Brothers was the lowest bidder for the amount of $280,238.65, and all necessary bid documents were received. Based on their findings, KCI recommended the 2014 Road Restoration contract be awarded to Cirillo Brothers. Moved by Mr. Pierce and seconded by Mr. Reynolds to award the 2014 Road Restoration contract to Cirillo Brothers, based on the recommendation of KCI Technologies and Town Manager Morris Deputy, in the amount of $280, Motion Carried Unanimously. 5 G. Adopt a Resolution for the Mayor and Council of Middletown Cafeteria Plan (Flexible Benefits Plan). This Resolution is required by Ameriflex to authorize a flexible benefits spending plan for Town employees. Moved by Mr. Faulkner and seconded by Mr. Chas to adopt a Resolution for the Mayor and Council of Middletown Cafeteria Plan (Flexible Benefits Plan). Motion Carried Unanimously. 5 H. Adopt a Resolution to authorize use of the Town of Middletown building, located at 214 N. Broad Street, by the Our Daily Bread Soup Kitchen. Tim DeSchepper presented for Our Daily Bread Soup Kitchen and requested the Town allow them to use the vacant building located at 214 N. Broad Street for their operation. Mayor Branner stated that the State of Delaware has recently vacated the building and returned it to the Town. 5

6 Moved by Mr. Pierce and seconded by Mr. McGhee to approve the use of the Town of Middletown building located at 214 N. Broad Street by Our Daily Bread Soup Kitchen. Motion Carried Unanimously. 5 I. Introduce an Ordinance to amend Chapters 40, 41, 42, 43, 44, 96, 115, 116 and 119 in the Town of Middletown Code regarding accepting supplements to the International Codes. The Ordinance will authorize the adoption of the 2012 International Codes along with amendments. 6. Unfinished Business: Jim Reynolds addressed some of the outstanding issues with Waste Management. The Town has been in discussion with Waste Management concerning the recent complaints with the poor condition of the blue trash cans given to some residents. As a result of the meeting, all residents will be getting a new green trash can. The days of service will be the same, nothing else has changed. Delivery of the new cans will not be immediate. Waste Management will need time to get all of the cans changed out and the new green cans delivered. Waste Management will be giving the active adult communities smaller 35 gallon trash cans. Residents can keep a 65 gallon can in lieu of the 35 gallon can if they want. Old trash cans can be discarded when recycling is picked up. A note needs to be placed on the old can asking Waste Management to recycle the can. 7. New Business: Two residents from the Estates of St. Anne s spoke about the status of the community. The residents questioned the status of the golf course and the money that was given to develop the course. The Mayor stated that the town is in discussion with potential investors interested in developing the course. The developer will be responsible to build a clubhouse and the pool. Worst case, the land remains open space. Concerning the money, the Town does not know exactly where the original developer spent the money. Communication with BC Communities has stopped and the developer/builder does not communicate well with the homeowners. The residents asked about the completion of improvements in the existing phases. The Town agreed that the community needs to be completed. The Town has worked with the developer to get a plan together to finish out earlier phases. We will continue to do everything we can to get the golf course developed. The developer has a bond covering the improvements in phases 1 through 5. The developer will not be able to finish the development without finishing all of the improvements on the plan. The residents suggested that a meeting with the Town, residents and developer would help get the community up to date. A discussion occurred with a local business owner concerning programs offered by the Town for promoting energy efficiency. The Mayor mentioned we do consider green technology and own renewable energy in our overall electric portfolio through DEMEC. A discussion occurred concerning the condition of Shallcross Street in the vicinity of the Habitat homes. Potholes have developed. In the past the Town has maintained the street. A discussion followed describing the original plan for that area. The development was planned to offer low income housing through the Habit for Humanity program. The road in front of the homes is essentially a long driveway. Ms. Harding requested approval to conduct a war reenactment at the Peach Festival including the firing of blanks. Her request was approved; this has been a part of the Peach Festival for several years. Moved by Mr. Reynolds and seconded by Mr. McGhee to adjourn. 6