REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 12, 2004 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Carey, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. Ritter, and Mr. Speed. Mr. Salters and Mr. Ruane were absent.
Council staff members present were Police Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Mr. DePrima, Deputy City Solicitor Pepper, and Mrs. Green.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President McGlumphy 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, seconded by Mrs. Williams and unanimously carried.
Mr. Carey moved for approval of the consent agenda, seconded by Mr. Speed and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - OPEN TOWN MEETING OF MARCH 18, 2004
The Minutes of the Open Town Meeting of March 18, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Speed, and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 22, 2004
The Minutes of the Regular Council Meeting of March 22, 2004 were unanimously approved by motion of Mr. Carey, seconded by Mr. Speed, and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MARCH 29, 2004
Mr. Ritter stated that the Special Council Meeting of March 29, 2004 was called by and presided over by the Mayor. The Charter indicates that the Mayor presides over the Annual Meeting only. He indicated that a legal opinion was received from City Solicitor Rodriguez indicating that although the Mayor should not have presided over the meeting, it would not have an affect on the vote that occurred. It was Mr. Ritter’s opinion that it was an illegal meeting that should not have taken place; therefore, he would not be able to approve of the minutes.
The Minutes of the Special Council Meeting of March 29, 2004, were approved by motion of Mr. Carey, seconded by Mrs. Williams and bore the written approval of Mayor Hutchison. The motion was carried by a roll call vote of four (4) yes, two (2) no (Mr. Ritter and Mr. McGlumphy), one (1) not voting (Mr. Pitts) and two (2) absent (Mr. Salters and Mr. Ruane). City Clerk’s Office Note: In accordance with Section 10 of the City Charter, “No ordinance, resolution, motion or order shall be valid unless it shall have (1) the affirmative vote of a majority of the members elected to Council...”; therefore, five (5) affirmative votes is necessary for the approval of these minutes. These minutes are being resubmitted to Council for confirmation of their approval during their meeting on April 26, 2004.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED NEAR U.S. ROUTE 13, ADJACENT TO CEDAR CHASE DRIVE, OWNED BY BRAMBLE CHARITABLE FOUNDATION
A public hearing was duly advertised for this time and place to consider rezoning of property located near U.S. Route 13, adjacent to Cedar Chase Drive, owned by Bramble Charitable Foundation. The property is currently zoned RG-2 (General Residence) and the proposed zoning is C-4 (Highway Commercial).
Planner's Review
Mr. Galvin, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit 1).
Public Hearing
Council President McGlumphy declared the hearing open.
Mr. Ron Smith, attorney representing the equitable owner, Dr. Patel, advised members that Dr. Patel and Mr. Stephens, engineer/surveyor assisting with the project, were also present to answer any questions or provide additional information. Mr. Smith requested approval of the rezoning application.
There being no one else wishing to speak, Council President McGlumphy declared the hearing closed.
Mr. Speed moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Carey and by a unanimous roll call vote (Mr. Salters and Mr. Ruane absent), Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of February 23, 2004.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED NEAR U.S. ROUTE 13, ADJACENT TO CEDAR CHASE DRIVE
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-2 (General Residence) to C-4 (Highway Commercial).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from RG-2 to C-4, on that property located near U.S. Route 13, adjacent to Cedar Chase Drive, owned by Bramble Charitable Foundation.
ADOPTED: APRIL 12, 2004
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED SOUTH OF LOT 49 MAPLE DALE ROAD (RETREAT) AND NORTH OF THE ENTRANCE TO MAPLE DALE COUNTRY CLUB, CONTAINING .5129+/- ACRES, OWNED BY MAPLE DALE COUNTRY CLUB
A public hearing was duly advertised for this time and place to consider rezoning of property located south of Lot 49 Maple Dale Road (Retreat) and north of the entrance to Maple Dale Country Club, containing .5129+/- acres, owned by Maple Dale Country Club. The property is currently zoned RC (Recreational and Commercial) and the proposed zoning is R-10 (One Family Residence).
Planner's Review
Mr. Galvin, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit 2).
Public Hearing
Council President McGlumphy declared the hearing open.
Mr. Frank Donnelly, 99 Pine Valley Road, addressed members on behalf of the Board of Directors of Maple Dale Country Club. He stated that Maple Dale desires to rezone this parcel of property in order to make use of an asset that it currently underutilized. The plan is to sell the parcel as residential property, which will enhance the overall appearance to the entrance of Maple Dale Country Club. Mr. Donnelly urged members of Council to approve the rezoning application.
There being no one else wishing to speak, Council President McGlumphy declared the hearing closed.
Mr. Carey moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mrs. Williams and by a unanimous roll call vote (Mr. Salters and Mr. Ruane absent), Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of March 8, 2004.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF LANDS LOCATED SOUTH OF LOT 49 MAPLE DALE ROAD (RETREAT) AND NORTH OF THE ENTRANCE TO MAPLE DALE COUNTRY CLUB, WITH A WESTERLY BOUNDARY 30' EAST OF THE CENTERLINE OF MAPLE DALE ROAD AND AN EASTERLY BOUNDARY BEING THE CONTINUATION OF THE EAST BOUNDARY OF LOTS 48 AND 49 IN THE RETREAT TO A POINT 30' NORTH OF THE ENTRANCE TO MAPLE DALE COUNTRY CLUB, CONTAINING APPROXIMATELY .5129 ACRES
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RC (Recreational and Commercial Zone) to R-10 (One Family Residence Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from RC, containing .5129 acres, to R-10 on that property located south of Lot 49 Maple Dale Road (Retreat) and north of the entrance to Maple Dale Country Club, owned by Maple Dale Country Club.
ADOPTED: APRIL 12, 2004
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MARCH 22, 2004
The Legislative, Finance and Administration Committee met on March 22, 2004 with Chairman Speed presiding.
Proposed Budget Revision Ordinances
Mrs. Mitchell, Treasurer/Finance Director, presented the budget amendments for the Revised 2004 Budget based on the State of the Budget Report (which was presented to Council on March 8, 2004).
During the committee meeting, Mr. Ruane expressed concerns with approving the budget revision ordinances without knowing the outcome of pending negotiated contract settlements.
The committee recommend approval of the proposed Budget Revision Ordinances, as recommended by staff.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a unanimous roll call vote (Mr. Salters and Mr. Ruane absent). The First Reading of the ordinance will take place during the latter part of the meeting.
Conservation Easement - 144 Kings Highway - Michael A. And Connie Jo Zimmerman and Memorandum of Understanding - Real Estate Tax Assessment
Mr. DePrima reported that Michael A. and Connie Jo Zimmerman have proposed dedicating a conservation easement to the City of Dover. The easement would be the lawn area of 144 Kings Highway (at the corner of Kings Highway and American Avenue). The easement would grant perpetual preservation of the area and prohibit further construction. Maintenance of the area would be retained by the Zimmerman’s or future owners of the property. Mr. DePrima indicated that the dedication of the conservation easement would not reduce the assessed value of the property. In exchange, the Zimmerman’s would be eligible for federal tax advantages. The Deputy City Solicitor has reviewed the document and requested technical changes that have been forwarded to Mr. Zimmerman for consideration.
The committee recommended acceptance of the dedication of the conservation easement located at 144 Kings Highway, as recommended by staff. It was noted that Deputy City Solicitor has recommended approval of a Memorandum of Understanding for the Real Estate Tax Assessment for the property.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation (Exhibit #3 and #4), seconded by Mr. Speed and carried by a unanimous roll call vote (Mr. Salters and Mr. Ruane absent).
By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Speed and carried by a unanimous roll call vote (Mr. Salters and Mr. Ruane absent).
PARKS, RECREATION AND COMMUNITY ENHANCEMENT COMMITTEE (OPEN SPACE) REPORT - MARCH 24, 2004
The Parks, Recreation and Community Enhancement Committee (Open Space) met on March 24, 2004 with Chairman Pitts presiding.
NOTTINGHAM MEADOWS SUBDIVISION - PARKS AND RECREATION/OPEN SPACE PLAN
In accordance with Article 5, Section 10, Subsection 10.16 of the Zoning Code, all residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit, or one-half acre of land, whichever is greater. However, in no case shall the City require more than 10% of the gross area of the development be so dedicated or reserved when the gross area is greater than five (5) acres.
Nottingham Meadows Subdivision consists of 105.066+/- acres of land and is situated on the southwest corner of the intersection of Hazlettville Road and Wyoming Mill Road. Mr. Michael Henry, Becker Morgan Group, presented the Parks and Recreation/Open Space Plan for Nottingham Meadows Subdivision (as on file in the City Clerk’s Office) which requires 1.338 acres of open space. The plan proposes 1.355 acres of open space, to include one (1) fenced-in swimming pool (preliminary size of 45' X 70', final size to be determined after consultations with pool industry representatives about occupant loading per s.f. of pool area), large deck area, covered porch area, meeting room (maximum occupancy of 200 people), rest rooms, kitchen area, and office space. The total investment for the above-mentioned items is $595,741.56.
The committee recommended approval of the Parks and Recreation/Open Space Plan, as presented.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a unanimous roll call vote (Mr. Salters and Mr. Ruane absent).
By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation and Community Enhancement Committee (Open Space) Report, seconded by Mr. Speed and carried by a unanimous roll call vote (Mr. Salters and Mr. Ruane absent).
SUPPLEMENTAL NEIGHBORHOOD PARKING STUDY
During their Regular Meeting on March 22, 2004, members of Council considered a recommendation of the Transportation Review Committee that the Director of Planning and Inspections include $4,000 in the budget for next fiscal year to share in the cost for the Addendum to the Parking Study, as presented by Kise Straw & Kolodner. Due to concerns that the parking study would be a duplication of the study conducted during the expansion of Wesley College, members of Council rejected the committee’s recommendation.
Mr. Galvin, Director of Planning and Inspections, advised members that since the last meeting, he had the opportunity to discuss with Dr. Scott Miller, President of Wesley College, the collection of parking information that the college has available . He stated that the college has not had a formal Parking Study completed for their campus or neighborhood. They provided information regarding the number of students and employees on the Dover Campus, the parking needs, and available parking spaces. It was noted that additional information has been provided to the Parking Authority in the past.
Mr. Ritter requested that this matter be brought back to Council for reconsideration in light of the information that has been received. It was his feeling that although the Director has the authority to include a $4,000 line item in their budget without Council direction, since this matter was brought before Council, it was necessary to obtain Council’s support at this time.
Mr. Ritter moved to authorize the addition of $4,000 to the Department of Planning and Inspections Budget for fiscal year 2005 to share in the cost for the Addendum to the Parking Study as presented by Kise Straw & Kolodner. The motion was seconded by Mr. Truitt.
Mr. Speed advised members that although he totally supports the extension of the Parking Study to include Wesley College, it was his opinion that it was a poor precedent for Council to direct staff to include a specific amount of money for a specific line item in their budget that will be evaluated and debated by Council in the near future. It would be his preference that Council simply vote on the issue of whether or not an extension of the Parking Study should be pursued in the future rather than giving specific direction, explaining that it may be determined that either a lesser amount or greater amount would be necessary.
Mr. Carey explained that parking study information regarding Wesley College was not known at the last Council Meeting. Since Wesley College has not conducted a Parking Study, he supports the addition of $4,000 to the Department of Planning and Inspections Budget for next year to extend the Parking Study.
The motion to authorize the addition of $4,000 to the Department of Planning and Inspections Budget for fiscal year 2005 to share in the cost for the Addendum to the Parking Study as presented by Kise Straw & Kolodner was carried by a roll call vote of six (6) yes, one (1) no (Mr. Speed) and two (2) absent (Mr. Salters and Mr. Ruane).
WELLHEAD REDEVELOPMENT PROGRAM - CHANGE ORDER #3/REVISED PROJECT BUDGET AND SCOPE
Members were provided information regarding a bid approved by Council in September 2003 from A.C. Schultes of Delaware, Inc. in the amount of $67,280 to perform redevelopment work on Well #8, #2 and #5. To date, the contractor has completed the redevelopment of Well #8 and #2. Staff has approved two change orders totaling $15,363 which is a 23% increase over the original contract award. Prior to beginning the work on Well #5, Well #11 experienced a catastrophic mechanical failure, at which time A.C. Schultes was directed to investigate the failure and provide an opinion on repairs. Davis, Bowen & Friedel, the City’s consulting engineering firm for the project, has reviewed the opinion and findings of A.C. Schultes and has affirmed their recommendation regarding the repair of the wellhead. It has been recommended that the well driller and our engineering consultant are to reline the existing well casing with a 10" stainless steel casing pipe. The proposed stainless steel casing will reduce the long-term impact of corrosion within the well casing. It is believed that the corrosion in the casing is being caused by electrolysis from the electrical substation in proximity to this well site. The engineering consultant also recommended that the City contact a corrosion engineering specialist to further increase the life of the proposed stainless steel casing.
Staff recommended approval of Change Order #3 to include the following items: labor to wire brush/swab the existing casing, install 10" stainless steel liner and perform flow testing for $18,000; 336' of 10" type 304 stainless steel casing, sand pack, cement grout; 1,000 pounds of sulfamic acid, rock salt and chlorine for a lump sum amount of $50,437; labor and materials necessary to install one (1) new 50 hp submersible pump and motor for $19,789. The total cost of the proposed improvements to Well #11 is $88,226. In addition, staff requested authorization to install variable frequency drives (VFDs) on three (3) of the City’s largest production wells, Well #2, #10, and #6, which will yield the most benefit to the system from implementation of the proposed improvements. VFDs will reduce the hydraulic hammer created by the on/off operation of these facilities and will assist the Department of Public Works with the implementation of the Brown Water 90-Day Plan of Action. The estimated cost to install VFDs on these facilities is $45,000 ($15,000 per facility). The repairs to Well #11 will begin immediately upon approval and be completed within 45 days. The VFD’s will be installed at Well #2, #10 and #6 by June 30, 2004.
These recommendations will increase the total program budget to $225,000 for fiscal year 2004. The proposed revised budget of $225,000 requires the transfer of funds in the amount of $150,500 from other projects and line items as follows: 1) $65,000 from the U.S. 13 North Water Main Crossing; 2) $50,000 from the West Dover Water Loop; 3) $30,000 from Well Supplies/Rehabilitation; and 4) $5,500 from the Miscellaneous Water Distribution System Improvements Project. It was noted that these transfers total $150,500 and provide the necessary funds to increase the Wellhead Redevelopment Program budget to $225,000 as presented.
Mr. Carey moved for approval of Change Order #3 to include a stainless steel casing, new pump and motor and other items, as detailed, in the amount of $88,226, and to authorize staff to expand the program scope and budget to include the referenced VFDs for a total project budget of $225,000, as recommended by staff. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote (Mr. Salters and Mr. Ruane absent).
BLANKET BID - METAL FABRICATION
The City uses outside contractors for metal fabrication cutting, welding and erecting steel. The contractor is used mostly in substations and occasionally on the transmission and distribution system. Members were provided with details regarding the blanket bids received from Fry Electrical Construction, Shureline Construction, and Amazon Steel Construction, Inc.
The Electric Department will have two (2) substation projects which will require extensive use of steel construction and erection. To determine the better selection of bids, staff developed a typical scenario when erecting substations. It was determined that Amazon Steel Construction, Inc. was the better selection for the price. Members were advised that the total cost for the successful bidder could reach $25,000 or more. Staff recommended awarding Amazon Steel Construction, Inc. the Metal Fabrication Blanket Bid for a one-year period with the option for two one-year extensions.
Mr. Speed moved for approval of staff’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Salters and Mr. Ruane absent).
EMPLOYMENT AGREEMENT - FRATERNAL ORDER OF POLICE (FOP)
Members were provided with a summary of the mediator’s recommended settlement between the Fraternal Order of Police Lodge #15 (FOP) and the City of Dover. The contract negotiations between the City of Dover and the Fraternal Order of Police (FOP) have been continuous over the past 14 months, culminating in the mediator’s recommendation.
Staff recommended approval of the mediator’s recommendation for settlement of the FOP Labor Agreement. To fund this expenditure, staff plans to reduce the amount in the mid-year review that was planned for transfer to the post-retirement benefits.
Mr. DePrima explained that if approved by Council, the Agreement would be developed based on the mediator’s recommendations.
Mr. Carey moved for approval of the mediator’s recommendation (Exhibit #3) of the proposed settlement of the FOP Labor Agreement, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mr. Salters and Mr. Ruane absent).
SETTING OF PROPERTY ASSESSMENT APPEALS AND APPOINTMENT OF ASSESSMENT APPEALS COMMITTEE
Mr. Cooper, City Assessor, requested that the 2004 Property Assessment Appeals be scheduled, as follows:
May 18, 2004 9:30 a.m. - 5:00 p.m.
May 19, 2004 12:00 noon - 5:00 p.m.
May 20, 2004 9:00 a.m. - 5:00 p.m.
Mr. Cooper noted that the Council President should appoint four (4) members of Council to serve on the Appeals Committee [three (3) members and one (1) alternate], which can be accomplished anytime prior to the hearings.
Council President McGlumphy suggested that the Appeals Committee be appointed after the City Election.
Mr. Truitt moved to approve the 2004 Property Assessment Appeals Schedule as recommended by the City Assessor. The motion was seconded by Mr. Speed and carried by a unanimous roll call vote.
FIRST READING - PROPOSED ORDINANCE
Mr. Carey moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Speed and unanimously carried. Council President McGlumphy reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of April 26, 2004.
Mrs. Williams moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Carey and unanimously carried:
REVISED BUDGETS FOR FISCAL YEAR 2003/2004
COUNCIL MEMBERS COMMENTS
There were no comments made by members of Council.
EXECUTIVE SESSION - LEGAL AND PERSONNEL MATTERS
Mr. Speed moved to recess into executive session to discuss legal and personnel matters, seconded by Mr. Truitt and unanimously carried.
Meeting Recessed at 8:10 P.M. and Reconvened at 8:48 P.M.
There was no action necessary as a result of the executive session at this time.
Mrs. Williams moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:49 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of April 12, 2004, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
S:ClerksOfficeAgendas&MinutesCouncil-Minutes20044-12-2004.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1- Petition to amend zoning district/recommendations of Planning Commission - Property located near U.S. Route 13, adjacent to Cedar Chase Drive
Exhibit #2- Petition to amend zoning district/recommendations of Planning Commission - Property located south of Lot 49 Maple Dale Road and north of the entrance to Maple Dale Country Club
Exhibit #3 - Conservation Easement - 144 Kings Highway
Exhibit #4 - Memorandum of Understanding - 144 Kings Highway