Mayor & Council

MEMBERS OF THE PUBLIC WILL BE PERMITTED TO PARTICIPATE IN THIS MEETING by teleconference by calling 301-715-8592 and entering Meeting ID number: 898 2104 1390 Passcode: 644063 or by visiting Join Zoom Meeting at: https://us06web.zoom.us/j/89821041390?pwd=xwLa6vSqvg0TpcY0LwEN37izAAZDs5.1 Council Meeting Council Chamber, Smyrna Town Hall 27 S. Market Street Plaza, Smyrna, Delaware April 21, 2025 – 6:45 PM Agenda 1. 6:45 PM – Public Hearing to consider an Ordinance to amend Appendix A – Smyrna Zoning Ordinance to revise and update off-street parking requirements Jeremy Rothwell, Planning and Zoning Manager, presented. He was talking before the room was unmuted and the recording could being. He stated that most spaces are pull-in parking, 90 degree pull-in parking. The minimum size of the parking space is 9 by 18. Some jurisdictions require 10 by 20, for people with duallies, but 9 by 18 is a good industry standard. One of the things is that all new off street parking for new construction shall be asphalt, concrete pavers, or other hardened services. As it stands right now, there is no requirement. If someone builds a new house in town, downtown, they can technically have a gavel or stone driveway. As Jason McNatt and the Public Works Department would tell you, that leads to mud and stones being drug out into the public streets; which is a nuisance. Essentially, the Town cannot do anything with current dirt and gravel parking spaces, but everything in the future, all new driveways and parking areas have to be asphalt or some sort of hardened surface. Current standards are dated from the 1970s and 1980s and are very outdated. They also don’t line up for all of the uses that are in our use table. There are 70 different uses that are permitted in all of our zoning districts, and the Town had a lot of uses which weren’t correlated to having a parking requirement. How is the viable standard for use determined? Jeremy mentioned that there’s an organization called the ITE, Institute for Traffic Engineers, who publish a book about every five years about a series of studies done regarding the right size parking requirements. They pay for the studies and work with university partners and consultants across the country to go out and say, ‘this is how much parking that a grocery store actually generates.’ They look at a whole series of grocery stores in a given area and 50 to 60 different types of uses in different types of settings. They use urban areas where there’s transit and suburban or exurban areas like the Town of Smyrna. It was an expensive piece of information to get, costing about $700-800. A relevant need for the parking standards update is the recent approval and construction of the Planet Fitness. Under the current code, there is no use for gyms and fitness centers, so this fell under professional services. That requires 1 space for every 200 sq ft or five spaces for every 1000 sq ft of gross floor area. He mentioned that if anyone has been to Planet Fitness, the parking spaces are almost always full. A lot of people drive around the block waiting for a space and some park illegally.  The ITE manual has 15 different studies done in the past five years, which essentially say in real terms, real life, there are variations, but gyms and fitness facilities generate between 2 and 9 parking spaces per 1000 sq ft of first floor area. The Town’s current standards require 5000. To use the manual, you want to be in the 70 to 80 quartile, so what was settled upon was 8 spaces per 1000 sq ft. So if a new gym wants to come to town, they will have to provide 8 spaces per 1000 sq ft. That’s the real life example. The ITE manual does not include every single use that the Town has, so he also relied on the American Planning Association; which also has a parking manual, though not as scientific, is it based upon real life examples from other communities across the country. It doesn’t mean that their parking requirements are any better. This is just a way for the Town to be able to use real studies and real scientific studies to be able to justify what is being put in the ordinance. The ordinance is broken down by uses: institutional, commercial, and industrial. The residential standards didn’t change. Those are still 2 spaces per dwelling unit and 1.5 spaces per one bedroom or studio apartments. However, they were able to add a greater number of uses into the parking standards. It’s not going to be perfect, but as Barrett, [Town Solicitor] said, it’s an improvement. Jeremy asked if any of Council had questions. He said that it’s a subjective decision in terms of what is the right feel and right standard based upon what the studies show. Councilman Pope asked about the residential part that mentions parking in the front yard and what is considered the front yard; directly in front of the house, a grassy area on the side? Will there be a difference to that and is it just for newly constructed dwellings or will this effect everybody? Jeremy said that there is already a provision in place for the second part. In the Central Commercial District, a 4-block area, whether commercial, residential, or other non-residential uses, have no parking requirement. If there’s a house in the CC district they are not required to provide parking. He said that if someone provides a second or third floor apartment in the downtown area, they are not required to provide an off-street parking space; recognizing it’s just not possible in the downtown area. Everywhere else, this is strictly for off-street parking; meaning what can be provided in a garage and driveway. On-street parking, especially in downtown neighborhoods, would need to ask for a parking waiver from the Planning Commission. The way it reads now, under the ordinance, if they cannot meet the required number of parking spaces a waiver is required. There was one on S. Delaware St. It was a 25 ft wide lot with no place to put a driveway, so they had to get a waiver from the Planning Commission to be able to not have to provide 2 spaces. Councilman Pope said that there is a residence where there are 6 vehicles, and some are parked on the grass. Would they be in violation of this ordinance? Jeremy said that is separate; covered under the property maintenance code. There are stipulations that vehicles have to be tagged not cannot be parked on the grass. That would be a Code Enforcement issue. But this, essentially, puts into place that when a new subdivision or infill lot, for a new single family dwelling, they have to provide 2 off street parking spaces and that can be done in combination of a driveway and/or a garage. He continued by saying that some of the individual zoning districts do have requirements in place, downtown residential/historical residential neighborhoods, which say that people cannot have parking in the front yard, meaning no parking directly in front of the house. That’s just to ensure that what’s done is in keeping the historic character of that neighborhood. That’s not affected, those standards are different.  He asked if there were any other questions. There were none. Mayor Johnson closed the public hearing part of the meeting. The Public Hearing presentation ended at 6:57 PM 2. 7:00 PM – Call to order The meeting was called to order by Mayor Johnson at 6:59 PM. 3. Pledge of Allegiance 4. Roll Call Roll call was taken by staff liaison, Danielle Pope. All were present except Vice Mayor Rasmussen. 5. Additions/deletions to the published agenda Councilman Pope motion to approved the agenda as published. Councilwoman Gott seconded the motion. All were in favor. Motion passed for the agenda to be as it was published. 6. Consent agenda a. Council meeting minutes of 4/7/2025 b. Special Council meeting minutes of 4/8/2025 Councilman Pope motioned to approve the Consent Agenda. Councilwoman Dr. Upshur seconded the motion. 7. Non-agenda items a. Mayor and Council Members Mayor Johnson – he didn’t have much to say except that he has one meeting left. He wanted to introduce the next District 1 Councilmember, Mr. Nelson Drew, who ran unopposed for the seat. Nelson Drew – he said good evening to everyone and continued by saying that he is a graduate of Eastern Michigan University. He played football. His plan is to hear, listen, and service the needs of others. That is his goal. Mayor Johnson – wanted to thank everybody who’s been coming to the council meetings. He is happy to say that they are going in the right direction. They’ve had bumps in the road, but they are still alive and well. The financial pictures are looking good. It’s something that still has to be cleaned up, and the main thing is keeping people. It’s been hard keeping people, which is a hard job for the Town Manager to do. But things are moving in the right direction and the Town Manager will speak on the audit.  Councilman Johnson – thanked the town crews for their good job and in keeping all the Spring Clean-up taken care of. Councilman Pressley – he wanted to read something. “I was elected to this council off and on for the last 18 past years, trying to serve the people of Smyrna, but I feel, again, the election was wrongfully handled and left our people no stand, no vote. So with that saying, I am resigning tonight from my seat and I thank the people for all the support you had in the past years. Good night.’ He then got up and left. Councilman Pope – he wanted to thank Councilman Pressley for his time on council. He thanked Mayor Johnson for his time and leadership of the council also. He congratulated the incoming Mayor. He then addressed the citizens of Smyrna. He encourages them to get out and vote and to continue to come to meetings. Participate in anyway they can. Not everybody can run for office, but they can all do something, stay involved and stay connected with council and bringing matters to their attention so they can address them. Councilwoman Dr. Upshur – thanked Councilman Pressley for his 18 years of service. Thanked the Mayor for his time on Council as well. Thanked Town staff for everything they do and she’s looking forward to the Spring Clean-up. She wanted to make everyone aware that it is Autism Awareness Month. On a national level, she has heard so many negative things, but she wants people to make themselves aware and do their due diligence so they can understand the special population of people that are in the community. She is wearing purple to recognize Prince. She’s a huge Prince fan. She hopes everyone had a good Easter and Sprinter, because it’s spring and winter, and hopes everybody continues to enjoy the rest of April. Mayor Johnson – he wanted to address some things regarding the incoming Mayor, Councilwoman Gott. He said that to all the negative, nasty people out there who attacked her, the comments that they made about her were unnecessary and didn’t show the character of Smyrna. Regardless of how things happened, we’re still a town and we still have to respect one another. He’s pretty vocal, and will always stay vocal, and he finds the people who said some nasty things, even about Mr. George Coates, were really unnecessary, out of character, and neither of them deserve the nasty comments. We are a group, a body, a family. They will survive this, they will continue going forward, but if the people want to have their nasty comments, keep it to themselves. Or if they want to be a man, or a woman, come say their comments on the floor; say it to Council. That’s all he had to say and gave the floor to Councilwoman Gott. Councilwoman Gott – she said thank you. She mentioned that Carry the Load will be May 2nd and encouraged people to be involved. It’s an amazing event. Kick-off will be at 10:00 a.m. on May 2nd from the VFW. Then for any of the veterans in the community, there is going to be a community day that we’ll be serving the needs of the veterans with different tables and resources. b. Police Chief c. Town Manager Chief James – said that as the Mayor advised, the Town received the first copy of the State audit. It is not the final or official copy, but there were 6 findings that were on there. They are in  the process of being answered and hopefully the Town will have a final draft in the next several weeks that will be shared with the public. 8. Old business, including discussion and possible action on the following items: a. Second reading of Ord. 008-25, amending the Town Code of the Town of Smyrna to make miscellaneous updates to the solid waste, recycling, and yard waste disposal and collection requirements in the Town of Smyrna Councilman Pope motioned to approve the second reading of Ord. 008-25. Councilwoman Gott seconded. There was no discussion. All were in favor. Motion passed. 9. New business, including discussion and possible action on the following items: a. First reading and adoption of Ord. 009-25, amending Appendix A, Smyrna Zoning Ordinance to revise and update off-street parking requirements Jeremy Rothwell recapped what he discussed during the Public Hearing. He said that since this is a text amendment to the Zoning Ordinance, as per the Charter, this is only review by the Council once. It doesn’t go through the normal first, second, and third reading. This has been vetted by the Planning Commission in two of their meetings. Barrett, [Town Solicitor], and he have put their heads together to make sure everything is best to the best of their ability. It’s been taken to the Town engineer, everything as well, to seek their input and guidance. He would be happy to answer any questions regarding any of the proposed standards that they may have. Mayor Johnson asked Council if there were any questions. There were none. Councilman Pope motioned to approve the first reading and adoption of Ord. 009-25. Councilman Johnson seconded. All were in favor. Motion passed. Mayor Johnson said he had one more comment. He wanted to thank Councilman Pressley for his time. He’s done a tremendous job. He was Council Secretary and Mayor Johnson wanted to express his appreciation. 10. Presentation and public comments (3 minutes) A woman, [probably Pam Anderson, but she did not give her name], spoke and thanked everyone for coming out to the memorial service. It was fabulous and she wanted to thank the team for all they did to prepare and set it up. She encouraged people to go and take time to see the beautiful monuments and remember the people who have served and give them thanks. She also asked for people to come out to Carry the Load. It’s going to be an awesome event and there will be all kinds of vendors outside. They’ll be walking in Smyrna and Clayton, and the donated money is going to a good charity. There’s going to be fun and lunch. Mayor Johnson let her know that in the future, comments have to be directed to Council. He joked that she’s a regular at the meetings, so they allow it. She apologized and he said it was okay. She said thank you for all who attended. He said that she must have appreciated it.  Tom Carbine – he is trying to get help in solving a problem. He’s trying to get a shed in his yard; it’s been 2 months. People aren’t helping him out. He was told that he needs a survey, so he hand drew a survey. He was told that he needs an official survey. He said 5,000 years ago the Egyptians were doing surveys on papyrus when the Nile arose and flooded, they had to tax the farmers. They hand drew a papyrus with handmade ink for 5,000 ink. She, [a staff member], wants him to spend $400 to get a professional survey. The man who builds sheds told me to go to Dover, so he did, and they gave him a survey and he filled it out. He took a 100 ft tape, a sharp pencil, and filled it out. They’re in limbo, it’s too hard for them to figure it out. Dover said it was a survey, the property lines are there. He just needs a shed certificate. Mayor Johnson said that the Assistant Town Manager, [Jason McNatt], and he can talk. Tom said that Jason has leadership skills. He’s a leader, a good listener, and a good communicator. He has had to work with him before and he has Tom’s respect. Joe Walls – he is the CEO of Veterans Services and owns the property at 26 W. South St. He wanted to first apologize to Councilwoman Gott on behalf of all the males in town. She has his respect and doesn’t know why her name isn’t on the building. He has a problem with Code Enforcement. He has problems with the guy at 28 W. South St. He said the guy keeps parking his car in the back and blocking the off-street parking entrance off of Cummins St. The guy put cinder blocks and now there’s some sort of stake in the ground, it’s like hard steel and it could cut into a car. The garage is rotted and falling apart. The fence is all mangled up. He said it looks like the Addams family house; windows are boarded up. He doesn’t care how the neighbor lives, but he’s been trying to sell 26 W. South, and no one wants to buy. He lost a sale one time because of the Trump flag in the yard recently. He said people don’t want to buy the place because of the condition of his neighbor’s house. There’s bricks falling from all over the place, water just pours off the house, and he feels something needs to be done. He has reached out to Doug Burns, because now there are two telephone poles in the back that look like they could fall over any minutes, but nothing’s being done. The upstairs windows are boarded up and it’s a fire hazard. Mayor Johnson asked Torrie, [Chief / Town Manager], to take a look into this. Torrie mentioned that Doug Burns left the Town’s employment about 6 months ago and said that’s probably why Joe hasn’t heard. Joe said maybe, because an email did kick back, and he had to send it another way. He wanted to know who was running Code Enforcement. Torrie said that Jason is running Code Enforcement. Joe said that he’ll get his information before he leaves. Regina Norman-Weathersby – the field behind her home is starting to have homes built and she wanted to know if there is going to be a wall or private trees put up to separate the two communities. Mayor Johnson called on Jeremy to explain. Jeremy said that’s part of Worthington and was approved back in 2008. The community in total was around 500 units. She asked about the connection between the two communities. Jeremy said that there will not be one. He said that if it was built today, vehicular access would be required, but in 2008 when it was approved, a connection point was not required. She said she didn’t think she was getting her point across. Mayor Johnson said that there is no wall or trees going up to separate the two communities. She mentioned that there are trees separating Bon Ayre and Hickory Hollow. Jeremy said that he isn’t sure if privacy trees were required when that development was approved 17 years ago. She asked if something could be done now with something approved that long ago. Jeremy said no, they cannot require a developer to retrofit. She thanked them for their time.  Pia Robinson – she also lives in Hickory Hollow and wanted to piggyback off of Regina. She said there is pre-cut road, near where Regina lives, called Rockingham and is going into that community. Before Regina’s house was built, that road was already cut; it’s been cut eight years now. Jason said that she is talking about Centerville, that’s under construction now. They thought she was talking about Worthington, which is on the other side. That will connect to Centerville. She said that they’ll be looking at another traffic situation. She then moved on and asked what time construction can start legally. Jason said 7 a.m. She said that somebody better get over there because 6-6:30, it’s loud. She knows when her house was being built, it was loud, but at 6 a.m., that’s enough. They have to be respectful. Mayor Johnson said that they’ll have someone check it out. Mayor Johnson asked if anyone else wanted to speak. There was no one. He closed the public presentation of the meeting. He asked Council if they had anything they’d like to discussion. No on did. He said that it was his pleasure to sever with them all and called for a motion to adjourn. 11. Adjournment Councilman Pope motioned to adjourn the meeting Councilwoman Gott seconded. All were in favor. The meeting was adjourned at 7:24 PM. Posted 4/14/2025 at 4:30 PM (#1) NOTE: This agenda, as listed, may not be considered in sequence. This agenda is subject to change to include additional items, including Executive Sessions, and/or deletion of items, including Executive Sessions that arise at time of meeting.