REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 8, 2002 at 7:30 p.m. with Council President Carey presiding. Council members present were Mr. Ritter, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. McGlumphy, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Chief Horvath, Mr. Cooper, Mr. DePrima, Mrs. Mitchell, Mr. Petit de Mange, Mrs. Green, and City Solicitor Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Carey 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. Salters requested the addition of item #3-B, Evaluation of Bids - Downtown Dover Pedestrian Amenities - Loockerman Street - Phase 3.
Mr. Speed moved for approval of the agenda as amended, seconded by Mr. McGlumphy and unanimously carried.
OPEN SPACE (PARKS AND RECREATION) COMMITTEE REPORT
The Open Space (Parks and Recreation) Committee met on June 14, 2002 with Chairman Pitts presiding.
Luther Village
In accordance with Article V, Section 10, Subsection 10.16 of the Zoning Code, members reviewed a proposed recreation plan for Luther Village. Luther Village consists of 34+/- acres of land situated on the northeast corner of the John Hunn Brown property adjoining the Dover Crossing Shopping Center (Target and Safeway). Based on the number of dwelling units proposed (524), this subdivision requires 144,100 square feet of active open space. The proposed plan proposes to provide 177,749 square feet of active open space, a croquet court, gardens, terraces, hard surface paths and walkways, and an 800 square foot pavilion with a garden area. It was noted that the project would be completed in nine (9) phases and members were provided details regarding the components of each phase. Phase 5 of the plan proposes a 14,000 square foot community center which will include an exercise room, library, computer center, cafeteria or restaurant, home theater, community room, small chapel, beauty parlor and, depending on final resources, a wading pool and jacuzzi. The estimated cost for the facility is $1,800,000.
After reviewing the proposed plan, staff recommended consideration of a marked linkage crosswalk between Luther Village and Dover Crossing Shopping Center with a view shed to enable pedestrians to see oncoming cars, a link between Building #1 and the croquet court, as well as various other locations to make the outer perimeter of the complex accessible to pedestrians.
Mr. Petit de Mange stated that the project exceeds the minimum active recreation requirements and incorporates many age appropriate amenities; therefore, staff recommended approval of the Recreation and Open Space Plan for Luther Village as presented.
Although those members who were present approved the plan, no official action was taken due to the lack of a quorum.
Responding to Mr. Ruane, Mr. Petit de Mange explained that each phase is considered individually and collectively as they unfold.
Mr. Pitts moved for approval of the Recreation and Open Space Plan for Luther Village as presented, seconded by Mrs. Williams and unanimously carried.
Mr. Speed moved for acceptance of the Open Space (Parks and Recreation) Committee Report, seconded by Mr. Truitt and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on June 24, 2002 with Chairman Salters presiding.
Temporary Services - Three Year Bid for Mowing Personnel
The Grounds Division has utilized temporary employment agencies to supplement the City grass mowing crews since 1994. This practice saves both time and money since it provides the ability to hire daily on an as-needed basis rather than hiring summer help for mowing. Temporary workers typically operate weed whackers, blowers, and push mowers. Because the total expense normally exceed $25,000 per year, the City Purchaser advertised for sealed bids for a three-year period. Only one (1) bid was received, as follows:
Motor Equipment
Vendor Year Laborer Operator
BesTemps 2002 $8.01 $8.33
2003$8.33$8.65
2004$8.65$8.96
An amount of $46,500 for temporary services is available in the Grounds Division’s budget. Since the sole bidder is a local temporary services agency which has provided the temporary mowing personnel for the Grounds Division every year since 1995, staff recommended that the bid be awarded to BesTemps in accordance with the hourly rates bid.
The committee recommended awarding the bid for temporary mowing services to the sole bidder, BesTemps, as recommended by staff.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy.
Responding to Mr. Ritter, Mr. Salters explained that since staff has noted that an amount of $46,500 is budgeted for this service and the motion is in accordance with staff’s recommendation, that the motion assumes the stipulation that there is a “not to exceed amount of $46,500.
The motion to award the bid for temporary mowing services to BesTemps in accordance with the hourly rates bid was approved by a unanimous roll call vote.
Evaluation of Bids - Downtown Dover Pedestrian Amenities, Loockerman Street - Phase 3
During the committee meeting held earlier this evening, members were advised that Landscape Architectural Services, Inc. and the City of Dover prepared plans and specifications for the construction of various streetscape improvements in downtown Dover. These improvements generally include the installation of brick sidewalks, granite cobblestones, trash receptacles, free-standing planters, hanging planters, bike bollards, new street sign posts, tree grates, plant materials, and sodding. The project area includes Loockerman Street from South Governors Avenue to South State Street, Bradford Street from Loockerman Street to Reed Street and New Street from Loockerman Street to Reed Street. A majority of the improvements are limited to Loockerman Street. Since this project is a Transportation Enhancement Project sponsored by the Delaware Department of Transportation (DelDOT), all contract documents were prepared under the supervision of DelDOT.
The total project budget is $450,000 for out-of-pocket expenses. Funding for this project is being provided through DelDOT’s Transportation Enhancement Grant Program. Construction invoices will be submitted to DelDOT’s Central District Office for reimbursement during the project. The City’s Public Works, Planning and Inspections, and Electric Departments are providing in-kind services equal to 20% of the total project cost, which is estimated at $585,551.52. These in-kind services represent the City’s financial match for the Transportation Enhancement Project.
The committee recommended approval of staff’s recommendation to award the contract for the Downtown Dover Pedestrian Amenities, Phase 3 to the low bidder, Designed Improvements, Inc. of Landenburg, Pennsylvania, in the amount of $357,487, contingent upon a bid evaluation and approval letter from DelDOT, the project sponsor.
Mr. Ruane noted that with this project, the State has contributed over $1M for improvements to the downtown area and relayed appreciation. Mr. Salters suggested that similar efforts for improvements be continued and expanded throughout other areas of the downtown area.
Mr. Salters moved for approval of the committee’s recommendation to award the contract for the Downtown Dover Pedestrian Amenities, Phase 3, to Designed Improvements, Inc., in the amount of $357,487, contingent upon a bid evaluation and approval letter from DelDOT, the project sponsor. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Speed and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on June 24, 2002 with Chairman Ruane presiding.
Annexation Request - Property Located at 1100 Forrest Avenue, owned by Shirley M. Moore (Equitable Owner - Cardiology Consultants, P.A.)
Members considered an annexation request for properties located at 1100 Forrest Avenue (on the southerly side of Delaware Route 8, approximately 900+/- feet west of Saulsbury Road), consisting of 4.57+/- acres. The property is owned by Shirley M. Moore. The equitable owner is Cardiology Consultants, P.A.
The Planning Staff recommended that the property be annexed into the City of Dover, that the property be zoned C-PO (Commercial/Professional Office) upon annexation, and that it be included in and subject to the Corridor Overlay Zone (COZ-1). Mr. Petit de Mange advised members that the Planning Commission recommended approval of the request for annexation, as recommended by staff.
The committee recommended approval of the Planning Commission’s recommendation for annexation of the property located at 1100 Forrest Avenue.
Mr. Ruane explained that in accordance with the annextion process, the committee reviews the matter to determine if it is feasible to move forward with the annexation request. If so, an annexation referendum will be held, in this particular instance the referendum has been set for July 12, 2002, and the results of the referendum, along with an annexation resolution are presented to Council for consideration. If the property is annexed into the City and since the property was previously located in the County and assigned a zoning classification accordingly, it is necessary for a rezoning public hearing and final reading of the rezoning ordinance for the City. Mr. Ruane stated that the committee’s recommendation is to proceed with the annexation request at this time and that final action regarding this matter will occur during the Regular Council Meeting on July 22, 2002.
Mr. Ruane moved for approval of the Planning Commission’s recommendation to move forward with the annexation of the property located at 1100 Forrest Avenue. The motion was seconded by Mr. Speed and unanimously carried.
Mr. Speed moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
REZONING/FINAL READING - PROPERTY LOCATED AT 104, 106, AND 128 SAULSBURY ROAD, OWNED BY EDWARD J. TROISE, SR.
A public hearing was held on March 11, 2002 to consider rezoning of property located at 104, 106, and 128 Saulsbury Road, owned by Edward J. Troise, Sr. The property is currently zoned C-3 (Service Commercial) and the proposed zoning is I/O (Institutional and Office). At the request of the applicant, Council tabled action on the rezoning request.
Mr. Salters moved to remove the matter from the table, seconded by Mr. Truitt and unanimously carried.
Mr. Salters moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Pitts and by a unanimous roll call vote, Council adopted the following ordinance (the First Reading of this ordinance was accomplished during the Council Meeting of January 14, 2002):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 104, 106, AND 128 SAULSBURY ROAD
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 C-3 (Service Commercial) to I/O (Institutional and Office).
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 C-3 to I/O on that property located at 104, 106, and 128 Saulsbury Road, owned by Edward J. Troise, Sr.
ADOPTED: JULY 8, 2002
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of June 24, 2002. Mr. Salters moved that the Final Reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Speed and unanimously carried.
Article VI - Dangerous Buildings, Section 5-89 - Duties of Building Inspector, Subsection (3), Paragraph (4)
Mr. Speed moved for adoption of the following ordinance, seconded by Mr. Truitt and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article VI - Dangerous Buildings, Section 5-89 - Duties of Building Inspector, be amended by adding a new subsection (e)(4) to read as follows:
(4)The person or entity receiving notice by the Building Inspector shall have the right to appeal his decision directly to Council and have a hearing conducted in accordance with the provisions of Sec. 5-90 before Council, provided that the notice of appeal is filed with the City Clerk no later than five (5) days after receiving notice from the Building Inspector.
ADOPTED: JULY 8, 2002
Downtown Dover Business Improvement District - Cash Receipts/Budget for Fiscal Year 2002/2003
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Truitt and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amount hereinafter named aggregating Forty Seven-Thousand Dollars ($47,000) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by the City of Dover/Main Street, Inc. for the fiscal year beginning July 1, 2002, and ending June 30, 2003:
|
REVENUE |
PROPOSED |
|
Tax Revenue |
$47,460 |
|
EXPENSES |
|
|
Salary and Personnel Costs |
$47,460 |
|
TOTAL EXPENSES |
$47,460 |
ADOPTED: JULY 8, 2002
Mr. McGlumphy moved for adjournment, seconded by Mr. Ritter and unanimously carried.
Meeting Adjourned at 8:01 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of July 8, 2002, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
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