REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 22, 2004 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mr. Galvin, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Speed.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda as presented, seconded by Mr. Pitts and unanimously carried.
Mr. Carey requested that item #6, Special Legislative, Finance, and Administration Committee Report of November 9, 2004, be removed from the consent agenda.
Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 8, 2004
The Minutes of the Regular Council Meeting of November 8, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed.
RECOGNITION OF SERVICE - SHERMAN L. TOWNSEND - SILVER LAKE COMMISSION
On behalf of members of Council, Mayor Speed presented Mr. Townsend with a Dover Cup in recognition of his many years of service on the Silver Lake Commission. Mr. David Edgell, Chairman of the Silver Lake Commission, reminded members that Mr. Townsend was one of the founding members of the Silver Lake Commission in 1990 and relayed his appreciation for Mr. Townsend’s many years of dedicated service.
Mr. Townsend thanked members for their tribute and encouraged them to seriously consider the commission’s forthcoming recommendations for improving Silver Lake.
ANNOUNCEMENT - ELECTRIC DEPARTMENT MAKES WORKPLACE HEART SAFE
Mr. DePrima advised members that the Electric Department has purchased sixteen Medtronic LIFEPAK automated external defibrillators (AEDs), which the City has committed to installing in its offices and vehicles in order to treat employees who may suffer from sudden cardiac arrest while on the job. It was noted that it generally takes six to 12 minutes for the average U.S. emergency medical services (EMS) team to arrive at the scene of a medical emergency and survival rates from sudden cardiac arrest decrease by about seven to 10 percent every minute defibrillation is delayed. Unlike the models of defibrillators intended for use by healthcare professionals, AEDs do not require extensive medical knowledge to understand or operate. The expertise needed to analyze the heart’s electrical function is programmed into the device, enabling trained non-medical professionals to respond to cardiac emergencies.
Members were provide a demonstration of the AED. Mr. Blakeman, Electric Director, noted that the implementation of the AED’s is a key component of the department’s ‘People First’ culture and overall workplace and public safety initiative.
Mr. DePrima, City Manager, introduced Mr. Steven Sax, the incoming Electric Director. He noted that Mr. Sax comes from Fort Wayne, Indiana with 25 years of experience.
PUBLIC HEARING - LAND DEVELOPMENT AMENDMENT TO COMPREHENSIVE PLAN UPDATE 2003: LEIPSIC ROAD
During their Regular Meeting of December 8, 2003, members of Council considered an Application for Rezoning of Property Located at 190 Old Leipsic Road, owned by Carl L. Moore. Correspondence was received from the State Planning Office indicating that approval of the rezoning would be inconsistent with the City's Comprehensive Plan and; therefore, would be in violation of Del. C., Title 22, Sections 702 (c) and (d). Considering the various Comprehensive Plan Amendment concerns, the application was withdrawn and Council approved the Planning Commission's recommendation to refer the entire area around Dover Downs to staff for review and recommendation to the Planning Commission and Council in order that they may determine to what extent and how the Comprehensive Plan needs to be amended.
Mr. James Galvin, City Planner, reviewed the Petition for Land Development Plan Amendment to the Comprehensive Plan Update 2003 for Old Leipsic Road and Leipsic Road East of Dover Downs, consisting of 16+/-acres (as on file in the Office of the City Clerk). Staff recommended denial of the Land Development Plan Amendment to change the land use type from Residential Low Density to Commercial.
The Planning Commission recommended against changing the land use type indicated on the Land Development Plan Map from Residential Low Density to a land use type of Commercial. Also, as a part of the motion, the Planning Commission requested that Staff take a look at the access problems experienced during the race events, as stated during the Planning Commission Public Hearing.
Mr. Galvin advised members that DelDOT is concerned that the proposed rezonings could result in retail vending uses along Old Leipsic Road during race weekends. Presently, during race weekends the volume of pedestrian traffic crossing, traveling, and milling about on Leipsic Road impedes the flow of vehicle traffic there and places the pedestrians at significant risk. Despite the reference to vendor staging on the PLUS application, DelDOT believes that if the rezonings are approved, there would likely be resale uses resulting in increased pedestrian traffic exacerbating the problem. Noting that the command center for Emergency Response Personnel is located on the south end of Old Leipsic Road, it is their feeling that an increase in pedestrian traffic would effect their response times. DelDOT requested that if vendor staging were approved, it be done so without retail sales to address the applicant’s announced purposes while addressing their concerns.
Council President Williams declared the public hearing open.
Mr. Carl Moore, 144 Old Leipsic Road, spoke in support of the change to the land use type to commercial, noting the activities of the area, noise problems, and road access. It is his belief that this is a commercial area.
Roger Murray, 126 Old Leipsic Road, stated that he was in favor of the amendment.
Mr. Denis McGlynn, President of Dover International Speedway, 1131 N. DuPont Highway, provided a PowerPoint presentation of aerial photographs depicting the subject area and the race event activities. Mr. McGlynn noted that he represents the owner of approximately 70% (11+/- acres) of the subject area under consideration, and advised members that they are opposed to the Land Development Amendment due to concerns regarding emergency response, access, vehicle and pedestrian movements, and safety.
With no one else wishing to speak, Council President Williams declared the public hearing closed.
Mr. Ruane moved to reaffirm the present zoning designation of these properties as R-10, One Family Residence, based on the testimony of the City Planner, the PLUS Review, traffic issues, pedestrian safety, and the potential impediment to the raceway’s Emergency Operation Plan, as recommended by the Planning Commission. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote.
UTILITY COMMITTEE REPORT - NOVEMBER 8, 2004
The Utility Committee met on November 8, 2004 with Chairman Carey presiding.
Water System Master Plan
Mr. Koenig, Director of Public Works, and Mr. Andy Cooper of Whitman Requardt and Associates, presented a Power Point Presentation of the Water System Master Plan - Workshop #1. Members were advised that Workshop #2 should be held in January and, 30 days later, Workshop #3 will be held. There will be a 30-day comment period, with an anticipated acceptance of the Plan by City Council in March 2005. Mr. Koenig stated that the Plan will be utilized in the development of the Budget and Capital Improvement Plan.
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
SPECIAL LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - NOVEMBER 9, 2004
A Special Legislative, Finance, and Administration Committee meeting was held on November 9, 2004 with Chairman Salters presiding.
Review of City Charter
During their meeting of October 11, 2004, members were provided proposed amendments to the City Charter prepared by Mayor Speed. After much discussion, members recommended that workshop hearings be scheduled to allow for discussion of the Charter review and that the City Clerk provide members with a complete copy of the current Charter with the reincorporation amendments included (to contain page and line numbers for reference purposes), a separate document that contains comments, including those that have been compiled by the Mayor (previously provided to members for their meeting on October 11, 2004), as well as any other necessary documents. As a result, workshop sessions were scheduled to be held every Tuesday, beginning November 9, 2004, from 5:00 p.m. to 7:00 p.m.
The City Clerk provided members a binder of the requested information. Members were also provided The Model City Charter - 8th Edition published by the National Civic League.
During the committee meeting, Mr. Ruane noted that there are non-controversial and non-political amendments that should be considered, explaining that there are sections of the Charter that do not coincide with the current City policy. Concurring, Mr. DePrima explained that there are sections of the Charter that are not followed by the City or there may be a state law that supercedes the Charter. Mr. Ruane also stated that there is very good information contained in the Model City Charter - 8th Edition that the City of Dover should consider adopting.
Members were advised that there is some concern by our local legislators regarding the reincorporation (previously known as H.B. 59) as it relates to the Alderman Court. Responding to Mr. Salters, Mrs. Green, who serves as the Alderman for the City of Dover, explained that although the Alderman Court is inactive, there are other sections of the Charter and Code that provide for other specific duties of the Alderman, such as the conduction of City Elections. It was suggested that Mrs. Green review the various sections that would be affected.
Mr. DePrima advised members that the Deputy City Solicitor, Mr. Pepper, has contemplated requesting the City to consider the re-institution of the Alderman Court; therefore, before totally eliminating that section, he suggested that Mr. Pepper be given the opportunity to explain his concerns.
Mr. Ruane reiterated his feeling that the Model City Charter - 8th Edition contains excellent information to assist with bringing Charters for municipalities into the “21st Century”. He noted that there are topics such as campaign financing, ethics, intergovernmental relations, etc. and requested that the committee give consideration to those items that would not change any issue that is addressed in the current Charter but rather would add an item that should be included. Responding, Mr. Salters suggested that Mr. Ruane identify those items he felt should be given further consideration.
Mr. Hogan explained his opinion would be for the City to finalize the reincorporation of the Charter and then, once that is accomplished, members would discuss any further review of the Charter at that time.
The committee recommended that the City Clerk and City Manager, with assistance from department heads, conduct a review, at the lead of the City Clerk, of the City Charter (H.B. 59, which was introduced in the 142nd General Assembly, proposed for Reincorporation) for the purposes of identifying any discrepancies or conflicts with existing State law or City policies and practices for a report back within 90 days. (City Clerk’s Office Note: considering 90 days, the meeting will reconvene February 15, 2005).
Noting that the last reincorporation of Dover occurred in 1929 and, since that date, the Charter has been amended over 50 times, Mr. Carey felt that Council should move forward with the reincorporation and that members can later work on fine tuning the Charter.
Mr. Carey moved to resubmit the Charter for reincorporation, seconded by Mr. Sadusky.
Responding to Mr. Hogan, Mr. Carey stated that there had been discussions with the Representative opposed to the reincorporation and it was his understanding that if the Alderman issue were resolved, the reincorporation would be approved.
Mr. Carey moved to amend the motion to include renaming “Alderman” and “Assistant Alderman” as “City Clerk” and “Assistant City Clerk” respectively, seconded by Mr. Sadusky.
Mr. Slavin advised members that there was a 90 (ninety) day window before the Legislature reconvened, which would have provided ample time to prepare the necessary amendments addressing the more egregious conflicts in the Charter. Mr. Ruane noted that the legislators indicated that they would not be amenable to considering additional amendments within the next session; therefore, they would be delayed for one (1) year after the reincorporation. He also advised members that the Alderman issue cannot be resolved by merely changing the title. Mr. Ruane noted that there are many sections which are outdated and, as a result, the City is following State law instead of its own Charter.
Mr. Salters requested that the opposing Representative commit in writing that renaming the “Alderman” to “City Clerk” and the “Assistant Alderman” to “Assistant City Clerk” would resolve the issue. He reminded members that the Alderman Court has not been active for many years, if it ever was instituted, and there are State courts which handle those matters. Mr. Rodriguez, City Solicitor, indicated that changing the names would not affect the duties of the office.
The motion to amend the original motion to include renaming “Alderman” and “Assistant Alderman” as “City Clerk” and “Assistant City Clerk” respectively, failed by a roll call vote of five (5) no, and four (4) yes (Mr. Carey, Mr. Sadusky, Mr. Salters, and Mrs. Williams).
The motion to move forward with the reincorporation was carried by a roll call vote of five (5) yes, and four (4) no (Mr. Slavin, Mr. Ritter, Mr. Hogan, and Mr. Ruane).
Mr. Salters moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Hogan and unanimously carried.
Responding to Mr. Ruane, Mr. Carey stated that the effect of the motion was to resubmit the Charter, as originally submitted, for reincorporation.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - NOVEMBER 9, 2004
The Parks, Recreation, and Community Enhancement Committee met on November 9, 2004 with Chairman Pitts presiding.
Clearview Meadows Open Space - Revised Active Recreation Plan
During their Regular Meeting of July 27, 2004, the Parks, Recreation, and Community Enhancement Committee recommended approval of the Open Space plan for Clearview Meadows. Mr. Robert A. Sevensky, R.L.A. of Ramesh C. Batta Associates, P.A., provided a depiction of proposed revisions (as on file in the Office of the City Clerk) which include removing the proposed tennis court, relocating the play equipment and tot lot area, and adding a swimming pool, bathhouse, and parking lot consisting of twenty-one (21) stalls. Mr. Sevensky noted that the entrance to the parking lot would be opposite the Marta Drive intersection. He advised members that the proposed revisions would result in an increase of $159,755 in improvements. Mr. Hogan suggested that the developer consider installing a 50-foot or 25-meter pool to accommodate a neighborhood swim team. Members requested that the developer rearrange the landscaping to screen the parking lot from the residences.
The committee recommended approval of the Revised Active Recreation Plan, with the commentary of members.
By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
Presentation - Silver Lake Commission
Mr. David Edgell, Chairman of the Silver Lake Commission, advised members that the commission was established in 1990 to address water quality issues in Silver Lake. He stated that a water quality study, which was completed in 1995, found that excess nutrient runoff is creating algae blooms in the lake, which results in poor water quality. Mr. Edgell noted that the Silver Lake Commission would like to explore alum injections as a remedy. He explained that an apparatus would inject an alum solution into the water, which would cause the phosphorous to fall from the algae and create a thin, crusty layer on the bottom of the lake which would prevent the particles from re-suspending into the water. Mr. Edgell stated that this method, which would greatly reduce the algae in the lake, has been used successfully in many areas throughout the country on lakes of varying sizes and was recommended by the Department of Natural Resources (DNREC).
Mr. Edgell advised members that the commission would like to hire a consultant to conduct a basic engineering study to determine which type of system would be necessary, where the tank and flow meter should be located, and how much it would cost to construct and operate the alum injector. He noted that in order to design and size the system, water quality measurements would need to be taken to determine the amount of nutrients in the water. Responding to Mr. Ruane, Mr. Edgell stated that funds were earmarked and available in the 21st Century Fund for Silver Lake water quality capital improvement projects. He stated that he has been told by DNREC that they would cover the cost of the consultant for the engineering analysis. Mr. Edgell noted that the average capital cost for the alum injector was between $75,000 (for a 64 acre lake) to $400,000 (for a 1,400 acre lake). He noted that Silver Lake was slightly larger than 130 acres. The operating costs range between $6,500 and $26,000 per year, with an average of $17,000. Mr. Edgell stated that more details would be provided with the study.
The committee recommended authorizing the City Manager to move forward with facilitating the issuance of a Request for Proposals and to develop a timetable for inclusion in next year’s budget.
By consent agenda, Mr. Carey moved for approval of the committee's recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Sadusky and unanimously carried.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - NOVEMBER 10, 2004
The Safety Advisory and Transportation Committee met on November 10, 2004 with Chairman Ritter presiding.
Report by Police Chief - Safety Issues - Simon Circle, Liberty Court, Whatcoat Apartments, and Capital Green (Requested during Committee Meeting of September 29, 2004 - Report for Manchester Square and Mapleton Square)
Chief Horvath provided an update on the safety issues in Simon Circle, Liberty Court, Whatcoat Apartments, and Capital Green. In reviewing each area, the general consensus was that residents are not interested in any type of Neighborhood Watch program. He noted that the residents of Whatcoat Apartments are starting to respond to the “Ban” list, which is a list of individuals who are banned from this neighborhood. When the individuals are seen, residents can call the police department to have them apprehended. Chief Horvath noted that calls for service in Capital Green for the first three quarters of this year had decreased by thirty complaints compared with the first three quarters of last year; however, there has been an increase in disorderly conduct types of complaints.
Mr. Pitts requested that New Street be added to the revolving patrol list. It was Mr. Pitts’ feeling that Council should consider the rental problem over a long period of time and make changes in the way the City handles rentals, such as screening potential tenants. Mr. Galvin stated that, should an inspector find a house that is overcrowded, they will notify the tenants that they cannot have more than five (5) unrelated adults living in their residence. He noted that if they are related, there is little that can be done. With reference to a need for new ideas or equipment, Chief Horvath stated that drug money received from the Federal Government is used to purchase new equipment. Responding to Mr. Ritter, Mayor Speed stated that he has some ideas to help change the face of neighborhoods that he would like to bring forward for the committee’s consideration.
Update on Police Department Complaints/Code Enforcement Issues - Governors Avenue and Wesley College Surrounding Neighborhoods (Police Chief and Director of Planning and Inspections)
Chief Horvath provided the committee with a six (6) month summary of activity in the Governors Avenue and Wesley College area. He noted that, since the semester began, there has been an increase in calls for noise violations; however, they have received fewer calls than in previous years. Chief Horvath stated that they have increased enforcement in this area and are making progress. With reference to a complaint received regarding slow response time to a hit and run property damage call, Chief Horvath stated that Delaware State University was having their Homecoming and fifteen officers were at the campus and the remaining officers were at Froggy’s night club breaking up a disorderly crowd. Chief Horvath noted that an officer was dispatched to the hit and run scene. Mr. Ritter requested Chief Horvath to provide a report at the next meeting on other areas surrounding Wesley College, such as Delaware Avenue and American Avenue. He requested staff to invite the President of the Neighborhood Link Association to this meeting.
Update by City Manager - Installation of Additional Red Light Photo Enforcement Cameras
Members were provided a list of intersections and approaches currently being considered for the Red Light Enforcement Program. Mr. DePrima, City Manager, stated that the second intersection on the list should be “Route 13 and Division Street” instead of “Route 8 and Division Street”. Responding to Mr. Ritter, Mr. DePrima stated that there is no set date for installation of the cameras. He also noted that the equipment is leased as a part of the contract, not purchased.
Mr. Asay stated that the area of Queen Street and Loockerman Street was at the top of the list when the first camera was installed. Mr. DePrima stated that this area was not considered; however, no locations have been finalized. Mr. Laing, DelDot Municipal Liaison, stated that there is one test camera in each county and no priority area has been assigned. He noted that volume of traffic, accident rates, average vehicle speed, and installation of equipment are considered when evaluating intersections, noting that the fatality rate is going to be much higher in areas where speed is a factor. Responding to Mr. Lakeman, Mr. DePrima stated that DelDOT bears the initial cost of installing the camera and the only impact the camera has on the City’s budget is expected revenue, which would be a Legislative, Finance, and Administrative Committee concern. Mr. Ritter stated that sixty-five (65) percent of the revenue is required to be spent on public safety. He stated that he would like the Quality of Life Task Force to be discussed at the next meeting.
Status of Traffic Signal (DelDOT Study) at Greenway Lane and Kenton Road (Juanita Wieczoreck, MPO)
Ms. Wieczoreck reported that she has not received a response from DelDOT regarding the traffic signal study. Mr. Laing stated that he would have someone get in touch with Ms. Wieczoreck.
Development of Three (3) Transportation Priority Projects for the City of Dover - Next Year’s State CIP (drafting of Resolution for consideration by City Council to be presented to the Bond Bill and Joint Finance Committee)
Mr. Ritter requested Mr. Ruane to provide the City Clerk’s Office with any information he had, to be included on the next agenda. Mr. Ruane suggested that the committee be prepared to discuss and resume responsibility for the North Dover Study. Mr. DePrima stated that he would like to meet with the Chairperson of the MPO before the next meeting to discuss the North Dover Study, since it is a high profile project which is very important to the City. Mr. Ruane suggested selecting the top three (3) transportation projects for recommendation to City Council.
Updates - DelDOT
Dover Projects and Studies - DelDOT’s FY 2005-2010 Capital Transportation Program (Juanita Wieczoreck, MPO)
Ms. Wieczoreck provided the committee with information on DelDOT’s scheduled Dover projects from FY 2005 - 2010 and reviewed the same. She noted that there are no projects scheduled for FY 2007 in the City of Dover. Ms. Wieczoreck stated that now is the time to advise the legislators on projects that the City would like included in the 2006 Capital Transportation Program. She also urged the City to request the legislators to accelerate the College Road project, which is scheduled to begin in 2009. Mr. Ritter requested Mr. Ruane to provide the City Clerk’s Office a list of areas mentioned so that they can be added to the priority list.
West Dover Connector (Gary Laing, DelDOT Municipal Liaison)
Mr. Laing reported that a workshop on the West Dover Connector was held earlier in the evening with 215 people in attendance. Ten concepts, which were the result of working group meetings, were presented; however, the participants’ reaction to the meeting is not yet known. Mr. Laing advised members that the next working group is planned for February 2005. Responding to Mr. Lakeman, Mr. Laing stated that there are several phases that would have to be completed once the working group decides which of the ten concepts should be presented to the public. Mr. Ritter requested Mr. Laing to advise the City Clerk’s Office when the general comments from the workshop would be available. He also requested Mr. Laing to forward the link to access the ten concepts to the City Clerk’s Office so that it could be made available to the committee.
Traffic Studies - SR1/Route 8 and East Dover Housing Development Projects
Mr. Laing stated that he had been advised that the traffic studies will take more time to complete. Mr. Ritter requested that this item be brought back in a month for Mr. Laing to provide an update.
Mr. Laing advised members that the westbound left-turn lane at Division Street and Route 13 has been re-striped and lengthened. He noted that this change, while only accommodating two (2) or three (3) additional vehicles, may help the traffic flow through the light cycle.
Ms. Wieczoreck reported that the MPO was selected to participate in the Walkable Community Workshop Program. She noted that a workshop would be held in the spring.
Mr. Ritter stated that the committee will not be meeting on November 24, 2004 due to the Thanksgiving Holiday. The next scheduled meeting will be held on December 15, 2004.
By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Sadusky and unanimously carried.
MONTHLY REPORTS - OCTOBER 2004
By motion of Mr. Carey, seconded by Mr. Sadusky, the following monthly reports were accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
Planning and Inspections Report
Robbins Hose Company No. 1 Report
APPOINTMENT BY MAYOR SPEED - ETHICS COMMISSION - ROBERT BUNNELL - TERM TO EXPIRE JULY 31, 2004
Mayor Speed recommended the appointment of Mr. Robert Bunnell to serve on the Ethics Commission for a term to expire July 31, 2005 (to fill the unexpired term of Arthur G. Ericson).
By consent agenda, Mr. Carey moved for approval of the appointment of Mr. Robert Bunnell, as recommended by Mayor Speed. The motion was seconded by Mr. Sadusky and unanimously carried.
EVALUATION OF BIDS - POLE BARN MATERIAL
Staff requested approval for the purchase of materials to construct a pole barn to house Public Works’ Streets and Water vehicles. These vehicles will then be parked under cover, which will ensure their readiness when needed during inclement weather. The site has been graded and is now ready for construction.
A Request for Qualifications was prepared and one (1) response was received from Delmarva Pole Building Supply, Inc. in the amount of $53,706.30. The metal prices are firm through November 30, 2004 while the wood and other pricing may vary slightly. Delmarva Pole has agreed to hold prices firm through November 23, 2004.
Staff recommended awarding the bid to Delmarva Pole Building Supply, Inc., in the amount of $53,706.30.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
EVALUATION OF BIDS - PLAYGROUND EQUIPMENT - NEW STREET
As a part of the Parks and Recreation Department’s Playground Equipment Replacement Program, staff is replacing the playground equipment in the park at New Street and Dover Street. Bids were let for the equipment using the new purchasing policy (3.2J), which permits the department to use other government contracts to purchase materials. For this project, the department is using the US Communities bid information for evaluation of playground equipment.
Responding to Mr. Ritter, Mr. DePrima stated that he would provide the amount of savings realized using the new purchasing policy. Mr. Ruane requested that an effort be made to standardize the playground equipment throughout the City parks.
Staff reviewed the bid information and recommended that the proposal (#USC0402R) received from GameTime C/O West Recreation, Inc. in the amount of $45,304.67 be approved for the New /Dover Street playground.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Ruane and carried by a unanimous roll call vote.
EVALUATION OF BIDS - ELECTRIC DEPARTMENT RELAY TEST SET
Prior to creating the RFP for the Electric Department Relay Test Set, the Electric Department invited all perspective manufacturers to demonstrate their equipment. During the demonstration, it was discovered that the one test set (as originally described in the CIP) could not perform all the testing required for substation requests. Therefore, in order to meet the substations’ testing requirements, it was determined that it would be in the City’s best interest to purchase four (4) separate test sets that perform different functions. Three (3) of the four (4) components can be purchased for a total cost of $31,146.78. Council approval is not required since each set costs less than $25,000; however, the fourth test set costs $32,400.
Staff recommended awarding the bid to the low bidder, Omicron Electronics, in the amount of $32,400.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote.
EVALUATION OF BIDS - TRANSMISSION RELAYS
In mid-2000, the City implemented a standard on transmission relays to increase productivity and reduce the confusion of multiple relay programming. Standardization of the transmission relays allows the City to minimize replacement parts and repairs and reduces the amount of training needed to perform maintenance.
Originally, only four relays were budgeted; however, fiber optic failures from the VanSant Combustion Turbine to the North Street Substation resulted in replacing the current multimode relays to single mode relays, resulting in the need for two additional relays.
Staff recommended the purchase of six relays from Schweitzer Engineering Laboratories, Inc., in the amount of $39,200. Schweitzer Relays are used by neighboring utilities, making them readily obtainable during an emergency situation.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
PLANNED NEIGHBORHOOD DESIGN: SENIOR CITIZEN HOUSING OPTION - COLLEGE ROAD CONDOS AT 1021 COLLEGE ROAD
The Planning Office received a proposal to establish a Planned Neighborhood Development with the Senior Housing Option (Article 3, Section 24.1.b) - College Road Age-Restricted Condominiums, on 4.32 acres +/- of land. The subject property is located on the north side of College Road approximately 1200 feet west of the intersection with McKee Road. The property is zoned R-8 (One Family Residence Zone). This property was subdivided recently to separate from the house owned by the McKee family. The owner of record is Mary McKee of 1076 College Road. The equitable owner is Tony Ashburn and Son, Inc. Builders.
The applicant proposes the construction of three buildings containing 23 units each for senior citizens. Access to the site would be provided from College Road with cross access through the stub street that was included in the Emerald Pointe Development.
Staff recommended that the Concept Plan be forwarded to the Planning Commission for further review and consideration through the Conditional Use process. While the PND: Senior Housing Option allows the Planning Commission discretion in density, staff will recommend a reduced number of units to bring the units per acre closer to the number identified in the Comprehensive Plan Update (4 to 8 units per acre). The project concept, however, has merit and is appropriate for referral to the Planning Commission for further consideration.
Responding to Mr. Ruane, Mr. Galvin noted that staff considers the type of use, layout of the property, the architectural design, and the relationship to the adjacent uses to determine if the proposal represents a superior community design that would not be possible under conventional zoning. He advised members that the proposed density would not be permitted in the current R-8 zone. Mr. Galvin stated that this is a rather dense proposal and noted that staff has suggested to the developer that they should consider less density. Mr. Ritter indicated that he would prefer to have higher density within the City boundaries in order to preserve farmland.
Mr. Salters expressed concern that the property would not be sufficient to provide open space with the density proposed. Mr. Galvin stated that, with the exception of side yard deviations, the developer meets all of the requirements.
Mr. Ritter moved to refer the proposed College Road Age-Restricted Condominiums Planned Neighborhood Design to the Planning Commission for further review, seconded by Mr. Slavin.
Mr. Ruane expressed concern with the fact that the proposal will constitute a level of density that is not compatible with the existing zone densities in the surrounding areas.
Mr. Ruane moved to amend the motion to include the recommendation that the Planning Commission pay particular attention to the compatibility with the development pattern and existing or potential zone densities of the surrounding area in it’s review of the application, seconded by Mr. Hogan and carried by a roll call vote of seven (7) yes, and two (2) no (Mr. Pitts and Mr. Salters).
The motion to refer the proposed College Road Age-Restricted Condominiums Planned Neighborhood Design to the Planning Commission for further review, as amended, was carried with Mr. Salters voting no.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of November 8, 2004:
Revised Budgets for Fiscal Year 2004/2005
Mr. Hogan moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Carey and carried by a roll call vote of eight (8) yes, and one (1) no (Mr. Ritter):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amounts hereinafter named in various City funds are changed from the currently approved revenues/receipts and appropriations to the revised revenues/receipts and revised appropriations for use by the various departments of the Municipal Government for the fiscal year beginning July 1, 2004 and ending June 30, 2005:
A. GENERAL FUND
Current Additions Revised
RECEIPTS Budgets (Reductions) Budgets
Beginning Balance $2,478,863 $328,470 $2,807,333
Net Adjustments $328,470
Current Additions Revised
EXPENDITURES Budgets (Reductions) Budgets
Recreation $705,948 $62,431 $768,379
Facilities Management 1,082,642 890 1,083,532
Transfer to Parkland/Recreation Reserve 0 374,970 374,970
Reserve for Encumbrances 109,821 (109,821) 0
Budget Balance - Working Capital