PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
The Parks, Recreation, and Community Enhancement Committee meeting was held on October 9, 2007, at 12:02 p.m. with Chairwoman Russell presiding. Members present were Mr. Ruane, Mr. McGlumphy (departed at 2:00 p.m.), and Mr. Lewis. Mrs. Horsey was absent. Other members of Council present were Mr. Slavin (departed at 12:42 p.m.).
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy moved for approval of the agenda, seconded by Mr. Lewis and unanimously carried.
Skate Park Presentation - Bike Werx
Mr. Slavin introduced Mr. Eugene Stone, Owner of Bike Werx, and advised members that skateboarding today is like baseball was when he was a child. This sport has been pushed to the streets because of the lack of facilities. He advised members that many of the skateboarders have been utilizing historical State owned property and that the properties, particularly the steps, ramps, and planters are deteriorating. It was his hope that members will support the skateboard community to resolve this issue and stated that from his understanding, there are low costs associated with a skate park as well as low liability.
Mr. Stone presented a video from the Tony Hawk Foundation (http://www.tonyhawkfoundation.org/) to provide members an understanding of the sport and reviewed a presentation regarding skate parks (Attachments #1 and #2). It was his opinion that a skate park would prove to be beneficial to the City. He advised members that he has a petition for a skate park with over 700 signatures.
Mr. Ruane reminded members that a skate park has been in the City’s long-range plan for several years. However, the dilemma has been in acquiring leadership and the development of a partnership with the business community.
Mr. DePrima advised members that, for next fiscal year, $10,000 has been budgeted for design work of a skate park. In the following year, $70,000 has been budgeted for construction of a skate park. He noted that the owner of the land, that is currently being used by skateboarders, has indicated a willingness to donate the land for a skate park. He stated that the City also has parkland that could be utilized for this purpose and that a determination would need to be made as to where a skate park would be best suited.
Mr. Slavin stated that DNREC has grant monies available for outdoor recreation purposes and that a skate park would meet the grant eligibility requirements. He suggested that staff pursue this avenue as a means of funding assistance. He also felt that it would be pertinent to develop a community group.
Mr. Carter explained that the first requirement, before submitting a grant application, is to provide a letter of intent, which would need to be accomplished by April or May 2008. Responding to Mr. DePrima, Mr. Carter felt assured that by February or March 2008, there could be a staff person assigned to assist the community group in this endeavor.
Mrs. Russell advised members that the youth of Liberty Baptist is interested in building a skate park and suggested that a collaborated effort be made.
Mr. Seth Baker, Executive Director of Delaware Youth for Christ, stated that in working in the community, it has been evident that there is a need for such a skate park. His role has been to work with foundations and organization to determine how it can become a reality. It was his opinion that there is some additional opportunities for collaborations.
Mr. Ruane moved to recommend that the Director of Parks and Recreation and City Manager form an Advisory Group to review the concept of building a skate park, with site and time to be determined, to include a preliminary time-table, for a report back to the committee within one (1) month. The motion was seconded by Mr. McGlumphy and unanimously carried.
Presentation - Silver Lake Park Revitalization Project
During their meeting of March 27, 2007, members recommended support of the St. Jones River Buffer Project at Silver Lake Park, as recommended by the Tributary Action Team (approved by Council during their meeting of April 9, 2007). Mr. Lyle Jones, DNREC Watershed Assessment Division, reviewed maps (Attachment #3A, #3B, and #3C) depicting the buffer project for the Silver Lake Park Revitalization Project and introduced Ms. Lorri Athey, Landscape Architect.
Responding to Mr. Ruane, Mr. Jones stated that adjacent property owners have been advised of the project and that during a workshop held in July, there were no objections relayed. He advised members that there are several phases to this project and that currently, concentration has been with the first phase.
Mr. Mark Biddle, Environmental Scientist for the Division of Water Resources of DNREC, distributed information regarding each of the phases of the project and details regarding the structural recommendations (Attachment #4). He stated that not only is the goal to make the area more ecologically friendly, it is also to make sure its use for residents is not curtailed, and more importantly, to improve water quality.
Responding to Mr. Ruane, Mr. DePrima advised members that the City’s insurance company had the dam at Silver Lake inspected and, as a result, submitted several recommendations for making improvements. The City’s budget has included funding for completing the recommendations, which most have been accomplished. He assured members that he would provide DNREC a copy of the inspection report.
Mr. Biddle stated that there are employees of DNREC who are responsible for dam safety throughout the State of Delaware. At the request of Mr. Ruane, Mr. Biddle assured members that DNREC will conduct an inspection of the Silver Lake Dam.
Mr. Carter advised members that the Silver Lake Commission is scheduling a Community Workshop to be held in November 2007 to receive comments, concerns, and suggestions in order to finalize the Plan for the Revitalization Project. Once this is accomplished, a final recommendation will be submitted to the committee for their review and recommendation to City Council.
Mr. Ruane moved to recommend that the Chair and members of the Parks, Recreation, and Community Enhancement Committee be invited to the Community Workshop, seconded by Mr. Lewis and unanimously carried.
Presentation - 2007 Silver Lake Statistics
Members were provided a report of the 2007 Silver Lake Statistics, which was reviewed by Mr. Carter, Director of Parks and Recreation. He advised members that representatives of DNREC will be attending the Silver Lake Commission meeting on October 10, 2007 (5:30 p.m.) to provide information regarding the concerns of the blue/green algae in Silver Lake. Mr. Carter provided pictures depicting the results of what is felt the cause of blue-green algae to the aquatic wild life of Silver Lake. He felt confident that the DNREC will be providing assistance to the City to address these concerns.
In response to Mrs. Russell, Mr. DePrima explained that in the future, the data chart will include some average daily counts as well as the total counts for all summer.
Proposed Ordinance Amendments - Appendix B - Zoning Ordinance - Article 3, District Regulations, Section 29 - Source Water Protection Overlay Zone (SWPOZ)
Mrs. Townshend, Director of Planning and Inspections, advised members that in 2001, the General Assembly passed the Source Water Protection Act, which requires all municipalities of a certain population size, including Dover, to adopt ordinances and maps meant to protect excellent recharge areas and wellhead protection areas. The law instructed the Department of Natural Resources to provide guidance to municipalities on developing these ordinances.
In the 2003 Comprehensive Plan Update, Mrs. Townshend stated that the City identified the development of Source Water Protection Ordinances as an implementation strategy. Planning staff began work on researching and developing the ordinance in late 2006, and presented a draft and background information to the Planning Commission during their Quarterly Workshop in May 2007. On August 9, 2007, staff held a public workshop to share the draft ordinance and receive public feedback. She assured members that all property owners whose property is impacted by the proposed Source Water Protection Overlay Zone were notified by mail. Following the workshop and public comment period, staff made modifications to the draft ordinance.
Mrs. Townshend presented a Power Point Presentation on the Source Water Protection Overlay Zone (Attachment #5), which establishes an overlay zone and affects over 500 parcels within the City. She explained that within the overlay zone, there are three (3) distinct kinds of protection areas, each of which is identified by a tier number, which sets forth the regulation of these areas and creates distinct regulations for each tier as well as overall regulation of permitted uses on any parcel affected by the overlay zone.
Mr. Ruane requested that staff provide a map of the area to be exempted and an explanation of the policy determination in this regard. Noting that the proposed ordinance references waivers based on critical economic development goals, he also requested assurance with the establishment of stringent criteria to allow for an exemption.
Mr. Ruane moved to recommend that the ordinance be modified to include specific reference to the development of criteria to delineate more clearly when waivers would be obtained. The motion was seconded by Mr. Lewis and unanimously carried.
Mr. Ruane relayed disconcertment regarding some property owners being treated differently simply because of their location.
Mr. Ruane moved to recommend that staff develop some alternative to total blanket exemption in those areas that are in the recharge areas, seconded by Mr. Lewis.
Responding to Mr. DePrima, Mr. Barndt, Representative of DNREC, explained the geological mapping procedures, advising members that this exercise does not take into consideration the current use or proposed use of the property. He advised members that there are means of addressing areas of contaminations, explaining that New Castle County has addressed a super fund site by permitting impervious cover to prevent recharge from occurring.
The motion to recommend that staff develop some alternative to total blanket exemption in those areas that are in the recharge areas was unanimously carried.
Mrs. Townshend assured members that the committee’s recommendations will be forwarded to the Planning Commission for their review and recommendation to City Council.
Mr. Ruane moved to recommend adoption of the proposed ordinance amendment, as amended (Attachment #6). The motion was seconded by Mr. Lewis and unanimously carried.
Proposed Ordinance Amendments - Appendix B - Zoning Ordinance - Article 6, Off-Street Parking, Driveways and Loading Facilities and Article 10, Planning Commission
During their meeting of September 11, 2007, members considered an amendment to Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 1 - Permitted Accessory Parking of the Zoning Code. Mrs. Townshend, Director of Planning and Inspections, explained that the amendment would add language to the off-street parking section to require a minimum width of 9' for a driveway. Currently, she advised members that there is no minimum width requirement for a driveway; however, the minimum width for a parking space is 9'.
Members also considered an amendment to Article 10 - Planning Commission, Section 2 - Site Development Plan Approval of the Zoning Code. Mrs. Townshend explained that the amendment to Article 10 - Planning Commission, Section 2 - Site Development Plan Approval would eliminate the need for any new businesses that are coming into an existing business, from having to go through the Planning Commission for approval. She stated that the amendment would only require those site plans with site disturbance greater than 2,000 sq. ft. and adjacent to residential properties to go through the Planning Commission for approval rather than any site plan that is adjacent to residential properties.
Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 1 - Permitted Accessory Parking
During their meeting of September 11, 2007, members recommended that the Director of Planning and Inspections move forward with the proposed zoning ordinance amendment with the understanding that input from this committee has been expressed as in the record. During the Regular Council Meeting of September 24, 2007, members rescheduled the October 8, 2007 public hearing and Final Reading to be held on November 13, 2007 at 7:30 p.m. for consideration of the proposed zoning text amendment to Article 6 - Off-Street Parking, Driveways and Loading Facilities, Section 1 - Permitted Accessory Parking.
Mrs. Townshend reminded members that there was concern regarding the maximum driveway width and advised members that the Planning Commission tabled the amendment until October 15, 2007, pending a recommendation of the Committee.
In response to these concerns, staff recommended approval of the amendment for a minimum driveway width of 9' in residential zones. Mrs. Townshend stated that staff discourages a maximum driveway width at this time because there are too many variables that affect the driveway width. For a side entry garage, the turning radius to enter the garage causes a widening in front of the garage that a maximum width may not address. Additionally, the Zoning Ordinance permits garages in residential zones to have a capacity of up to three (3) vehicles. A maximum width would vary depending on the vehicle capacity of the garage. Staff maintains that regulating lot coverage should address the concern of driveways that are too wide for the individual lot.
Responding to Mr. Ruane, Mrs. Townshend advised members that a permit is not required for expansion of driveways. She assured members that staff will be developing an ordinance that would require a building permit to be obtained in order to expand a driveway.
Mr. Ruane moved to recommend adoption of the proposed zoning ordinance amending Article 6 (Attachment #7), with the understanding that an additional amendment will be forthcoming to address the expansion of driveways. The motion was seconded by Mr. Lewis and unanimously carried.
Article 10 - Planning Commission, Section 2 - Site Development Plan Approval
During their meeting of September 11, 2007, members recommended to refer the proposed zoning ordinance amendment back to staff for a revision to include a notification process for public input. During the Regular Council Meeting of September 24, 2007, members rescheduled the October 8, 2007 public hearing and Final Reading to be held on November 13, 2007 at 7:30 p.m. for consideration of the proposed zoning text amendment to Article 10 - Planning Commission, Section 2 - Site Development Plan Approval.
Mrs. Townshend reminded members that there was concern regarding the exclusion of adjacent residential property owners from the process on these projects. She explained staff’s concern that having a public notice process for items that do not go to the Planning Commission for public hearing will create confusion among the public as well as the business community. Staff is sympathetic to the concern of reducing the ability for the public to comment in the planning process; however, we are also concerned that the complexity of the Planning Commission process as well as the requirements for a site plan that goes to the Planning Commission could discourage prospective business owners from opening businesses in areas of the City that are adjacent to residential properties. Based on the concerns of the committee, staff offered two (2) potential options for proceeding on the amendments, as follows:
1)Recommend no changes to Article 10. Staff believes this could be problematic in that it could discourage businesses and contribute to vacancies.
2)Recommend lowering the threshold of site disturbance that would require Planning Commission review to either 1,000 square feet or 500 square feet, rather than the 2,000 square feet listed in the ordinance. This would be the staff’s preference because it would allow for public input on projects that could impact them but not be so cumbersome as to discourage businesses from locating in vacant buildings adjacent to residential properties.
Referring to paragraph (c), Mr. DePrima suggested that “Non-Residential” be inserted for clarification of the intent of the amendment.
Mr. Ruane moved to recommend that paragraph (c) be revised by inserting the words “Non-Residential”, seconded by Mr. Lewis and unanimously carried.
Mr. Ruane moved to recommend adoption of option 2 for the proposed ordinance amendment, lowering the threshold of site disturbance that would require Planning Commission review to 500 square feet (Attachment #8). The motion was seconded by Mr. Lewis and unanimously carried.
Proposed Ordinance Amendments - Appendix B - Zoning Ordinance - Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones, Subsection 1.10 - Portable Storage Units
Mrs. Townshend, Director of Planning and Inspections, advised members that the department has received numerous complaints regarding portable storage units appearing in residential neighborhoods and remaining for several weeks and months. Although the City’s zoning ordinance regulates the location of trailers, boats, and recreational vehicles parked on residential lots, as well as the placement of accessory structures such as sheds, it does not currently address portable storage units due to their being relatively new.
Mrs. Townshend stated that if the portable storage units are not addressed, there is the potential for degrading the appearance of neighborhoods. She advised members that there are some cases where the units appear to be used as a shed, but they circumvent the requirements in place for a shed, garage, or other accessory structure. In preparing the proposed zoning ordinance, staff researched restrictions on portable storage units in other communities throughout the nation. She indicated that the proposed amendment was developed to allow for the use of these units for the purposes of moving or home renovation (once filled, the units can be moved to a remote location), while not allowing them to become a permanent fixture without regard to placement on the property.
Responding to Mrs. Russell, Mrs. Townshend explained that violation notices are issued prior to an individual being fined. She suggested that staff could begin issuing summonses with second notices, traditionally it has been done with third notices. It was her opinion that although some members of Council feel that staff should alter the manner in which code enforcement is conducted in this regard, there are others that may feel otherwise. Therefore, she requested that this matter be considered by members during an upcoming meeting.
Mr. DePrima explained that the results desired is to bring properties into compliance and that it has not been proven that fining individual accomplishes compliance. Mrs. Townshend advised members that the majority of residents are incredibly responsive to notices of non-compliance. For several years, when there has been a non-compliance issue, the policy has been to issue two (2) notices and that when the third notice is issued, a summons is issued as well. She stated that staff would amend this policy, if it is determined to be the desire of City Council.
Mr. Ruane moved to recommend that the practice currently in place be modified to give only one (1) warning and then the summons, seconded by Mr. Lewis.
In response to Mrs. Russell, Mr. DePrima stated his feeling that if the policy is amended, there will be a lot of angry citizens and Council will ultimately return to the current policy.
The motion to recommend that the practice currently in place be modified to give only one (1) warning and then the summons carried with Mrs. Russell voting no (Mrs. Horsey and Mr. McGlumphy absent).
Mr. Ruane moved to recommend adoption of the proposed ordinance (Attachment #9), seconded by Mr. Lewis and unanimously carried.
EXPLORE LOCATIONS FOR PROPOSED BOYS & GIRLS CLUB
During their meeting of September 11, 2007, members reviewed the possible sites for a magnet Boys & Girls Club and their pros and cons. Mr. DePrima explained that the intent of the presentation was to allow members the opportunity to digest the information for its consideration during their next meeting. He stated that staff does not have a separate presentation and advised members that staff participated in the review of the various site options and that their input has been included in the presentation.
Mr. Ruane relayed concern with the consideration of this matter since all members were not in attendance.
Mr. Ruane moved to table the matter until the November committee meeting, seconded by Mr. Lewis and unanimously carried.
Update - Puncheon Run Watershed Action Team Update
Mr. Koenig, Public Services Director, advised members that the next Action Team meeting will be held during the latter part of October (31st). The URS Corporation has been collecting data that they were employed by the Conservation District to collect. He expects to review preliminary projects at the next meeting of the Action Team and that the delay in the meetings is due to the data collection. He anticipates providing members with a more detailed report during the committee meeting next month.
Update - John W. Pitts Recreation Center
Members were provided with a construction scheduled prepared by Bob Smith Contractors, Inc. for the John W. Pitts Recreation Center. Mr. Carter, Director of Parks and Recreation, advised members that progress meetings were held on September 18, 2007 and October 2, 2007 and the John W. Pitts Recreation Center Project is currently on schedule for a January 2008 opening.
Update - Planning and Funding for New Library
Mr. Richard Thau, Library Director, advised members that during their meeting of September 11, 2007, members of the Council on Libraries recommended that the Dover Public Library be given the number one project rating for the state for the FY2009 in accordance with the construction requests that are submitted to the State of Delaware for the Bond Bill.
Responding to Mr. Ruane, Mr. Thau advised members that he along with library stakeholders, Mr. Carter, Mr. DePrima, and Mr. Ruane meet every two (2) weeks to communicate further information and that they are going to attempt to work with in-house resources, with the Library Director serving as the spokesperson for the movement to work with the development of the Library Committee.
Mr. DePrima reminded members that the committee recommended that approximately $180,000 be reserved from the Library account to hire a project coordinator as well as formulating a building committee. An RFP was issued for a project coordinator, only two (2) were qualified, a firm and an individual. He stated that interviews were conducted and it was determined that the firm did not qualify and unfortunately, a financial package could not be agreed upon with the individual. Therefore, staff recommended that the Library Director lead the new building construction effort and that the Senior Adult Librarian be promoted to a new capacity as an Operations Manager, under the guidance of the Library Director, to manage the day-to-day operations of the Library. This would also authorize the Library Director to serve as coordinator for the various services such as the public relations, grant writing, architectural design, programming, etc.
Mr. Ruane moved to recommend approval of the alternative plan as recommended by staff, seconded by Mr. Lewis and unanimously carried.
In response to security concerns of Mr. Lewis, Mr. Thau advised members that additional security has been contracted, which provides an additional 20 hours per week and that it is anticipated that with additional funding through Kent County, this could be increased up to 35 hours per week.
Update - CDBG Program
Members were provided the status report on the FY 2006 and FY 2007 Program Funds Spent for the CDBG Program.
Mr. Ruane moved for adjournment, seconded by Mr. Lewis and unanimously carried.
Meeting Adjourned at 2:44 P.M.
Respectfully submitted,
Sophia R. Russell
Chairwoman
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Attachments
Attachment #1 - Presentation - Dover Public Skate Park (Attachment to Original Minutes and File Copy)
Attachment #2 - Dover Public Skate Park Proposal (Attachment to Original Minutes and File Copy)
Attachment #3A - Map #1 - Buffer Project for Silver Lake Park Revitalization Project (Attachment to Original Minutes and File Copy)
Attachment #3B - Map #2 - Buffer Project for Silver Lake Park Revitalization Project (Attachment to Original Minutes and File Copy)
Attachment #3C -Map #3 - Buffer Project for Silver Lake Park Revitalization Project (Attachment to Original Minutes and File Copy)
Attachment #4 - Suggested Improvements to Silver Lake/St. Jones River (Attachment to Original Minutes and File Copy)
Attachment #5 - Presentation - Source Water Protection Overlay Zone (Attachment to Original Minutes and File Copy)
Attachment #6 - Proposed Ordinance Amendments - Appendix B - Zoning Ordinance - Article 3, District Regulations, Section 29 - Source Water Protection Overlay Zone (SWPOZ)
Attachment #7 - Proposed Ordinance Amendments - Appendix B - Zoning Ordinance - Article 6, Off-Street Parking, Driveways and Loading Facilities
Attachment #8 - Proposed Ordinance Amendments - Appendix B - Zoning Ordinance - Article 10, Planning Commission
Attachment #9 - Proposed Ordinance Amendments - Appendix B - Zoning Ordinance - Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones, Subsection 1.10 - Portable Storage Units