COUNCIL COMMITTEES
The Council Committees Meeting was held on June 25, 2001, at 6:30 p.m., with Council President McGlumphy presiding. Members of Council present were Mr. Ritter, Mr. Pitts, Mr. Gorman, Mr. Truitt, Mr. Carey, Mr. Speed, Mr. Salters, Mr. Ruane, and Mayor Hutchison.
AGENDA ADDITIONS/DELETIONS
Mr. Truitt requested the addition of item #3 to the Safety Advisory Committee to discuss a letter received from Colonel Gilbert, Commander of the 436th Airlift Wing of Dover Air Force Base, regarding concerns of the proposed expansion of Eastern Shore Environmental’s Transfer Station for Municipal Solid Waste.
Mr. Gorman moved for approval of the agenda as amended, seconded by Mr. Ruane and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Gorman presiding. Members present were Councilmen Ruane and Salters, Mr. Snaman, and Mrs. Street.
Request to Finance/Purchase New Case 621 D Z-Bar Front End Loader
During the committee meeting of June 11, 2001, members considered a request to purchase a new loader from the State of Delaware, Department of Transportation’s statewide contract. Having several questions, members tabled action to allow staff to provide the appropriate information regarding the lease purchase. Mr. Ruane moved to remove the item from the table, seconded by Mr. Snaman and unanimously carried.
Members were reminded that the Public Works Department currently owns and maintains two (2) front end loaders for the Streets Division which are used for various purposes. During the past six (6) months, both loaders have been evaluated and require extensive repairs to make them safe for operation. Repairs for Vehicle #312 (1983 Clark 35C Loader) total $41,401.00 and repairs for Vehicle #318 (1988 Michigan L70C Loader) total $28,270.06. During the revised budget process, the Public Works Department requested funds to purchase a new loader from the State of Delaware Department of Transportation’s statewide contract. Folcomer Equipment Corporation, the vendor for the statewide contract, submitted the following quote:
Case 621D Z-Bar Front End Loader - $83,035.00
Additional Equipment: 4-in-1 Multi-Purpose Bucket - $ 4,800.00
Total $87,835.00
In addition, Folcomer Equipment Corporation has evaluated the existing equipment (Vehicle #312 and Vehicle #318) and offered a trade-in value of $8,500 per machine. Mrs. Mitchell, Finance Director/Treasurer, provided members with a discounted cash flow analysis which indicates a savings of $2,489 in favor of leasing. Lease payments for this equipment are included in the FY2002 Streets Department budget. Mrs. Mitchell reminded members that the Finance Department is in the process of developing a Master Lease Agreement to be utilized for all City lease purchases.
Staff recommended awarding the purchase of one new Case 621D Z-Bar Front End Loader to Folcomer Equipment Corporation, in the amount of $70,835.00 ($87,835.00 less the trade-in value of $17,000.00 for the two used machines), stipulating that the purchase will be financed through the City’s Master Lease Agreement.
Mr. Ruane moved to recommend approval of staff’s recommendation, seconded by Mr. Snaman and unanimously carried. It was noted that this matter was considered during the Council Meeting later this same evening for final approval.
Proposed Ordinance Amendment - Mini Storage Facilities
Members were provided with proposed ordinance amendments that address the regulations specific to mini-storage facilities within the City of Dover. The amendments create specific regulations in the C-3, C-4, M, and IPM zoning districts for the development of mini-storage facilities and creates a set of conditions as a first permitted use. The amendments address parking, building spacing, hazardous material storage, and motor vehicle storage requirements for mini-warehouses in the C-3, C-4, M, and IPM zoning districts. It also restricts retail or other types of commercial activities in the facilities.
Mr. DePrima, Interim City Manager, reminded members that in October 2000, Mr. Harmon had suggested the review of the current regulations pertaining to mini-storage facilities. Staff reviewed the request and agreed that the existing parking requirements added unneeded and unused parking spaces. The Planning Commission referred the request to staff with additional direction to assess the existing facilities in Dover, conduct an in-depth review of the current regulations, and review similar ordinances nationwide. Staff provided members with information relative to the existing facilities and 128 other municipal and county zoning ordinances nationwide. The Planning Commission recommended approval of the proposed ordinance amendments. Mr. DePrima assured members that property owners adjacent to the existing mini-storage facilities located in the City, as well as the owners of the facilities, were notified of the proposed amendments.
Mr. Ruane moved to recommend adoption of the proposed ordinance amendments for mini-storage facilities amending Article 3 - District Regulations, Sections 15.18, 19.16, and 20.18 (Attachment #1) as recommended by the Planning Commission. The motion was seconded by Mr. Snaman and unanimously carried.
Proposed Ordinance Amendment - Airport Environs Overlay Zone (AEOZ)
Members were provided proposed amendments to the Zoning Ordinance, Land Subdivision Regulations and Zoning Map intended to protect the Dover Air Force Base Mission as well as the health and safety of future development by regulating uses and construction in areas around Dover Air Force Base (DAFB). The proposed ordinance will replace the Flight Path Zone that was antiquated and could no longer be actively used.
Mr. DePrima, Interim City Manager, reminded members that this amendment was originally recommended in the City’s 1996 Comprehensive Plan. Staff worked closely with Kent County Planning and the DAFB to develop the proposed ordinance amendment. He stated that public workshops were held with property owners within the Overlay Zone to explain the proposal and its affect. The proposed amendments define the specific uses permitted with the Accident Potential and Clear Zones, as well as prescribe noise attenuation for new structures within the noise contours generated by the operations of DAFB.
Mr. DePrima explained that there are three (3) parts to the proposed amendments, as follows:
1)Part A - proposed ordinance amending Article 3 by deleting Section 22 entitled Flight Path Zone (FP), in its entirety and inserts in lieu thereof a new Section 22 entitled Airport Environs Overlay Zone (AEOZ). This proposed amendment defines the three (3) basic zones that extend beyond the ends of the Runways of DAFB. The Clear Zone (CZ), which prohibits all but a minimum of uses. The Accident Potential I and II Zones (APZ I and APZ II), which have a much greater effect on the City. The APZ I zone prohibits most uses except for warehousing, industrial and similar uses with a low concentration of people. The APZ II zone allows for more diverse uses but discourages higher density residential uses or uses which attract a large number of people such as schools, churches, hospitals, recreational facilities, etc. This proposed amendment is based upon standards and guidelines developed by the United States Air Force and are intended to promote land use compatibility among Air Force installations and surrounding communities.
The second component of the AEOZ is the noise contours, which are the decibel levels associated with the noise generated by aircraft operations. The “noise contours” radiate from DAFB and generally follow the flight paths of aircraft. Building in noise zones are required to be constructed so that noise levels are reduced on the interior. The proposed amendment incorporates the land use and interior noise level reduction recommendations of the most recent Dover Air Force Base Air Installation Compatible Use Zone (AICUZ) study, which was completed by the United States Air Force in March of 1999.
2)Part B - proposed ordinance amending Article V of the Land Subdivision Regulations by adding item (p) to Article V, Section B.1 - Preliminary Layout and Data, and proposed ordinance amendments to Article 10 of the Zoning Code, by adding item (l) to Section 1.62 - Legal Data, item (n) to Section 2.52 - Legal Data, and item (q) to Section 5.182 - Legal Data. These proposed amendments require the APZ and noise contour boundaries to be shown on site plan and subdivision maps, if applicable, and requires a Plan Note to be placed on the plans indicating that the property is in an impacted area and must comply with acoustical performance standards.
3)Part C - proposed amendments to the zoning map. Members were provided a map depicting the location of the new zones.
Mr. DePrima stated that the proposed amendments will not affect existing buildings and uses and that the Planning Commission recommended approval of the proposed ordinance amendments.
Mr. Snaman stated that he concurs with the requirement for commercial properties since they could effect others, such as employees, that would not have a choice in the matter; however, a homeowner could choose to live in an area near the base and accept the noise that is generated.
Responding, Mr. DePrima stated that this is not a retroactive ordinance and explained that these regulations would pertain to new constructions. He stated that unless a property is sold and there is a change of use, existing properties are exempt. For clarification, he suggested that an additional item (e) could be included in Subsection 22.4 to provide an exemption for existing residential properties.
Mr. Ruane moved to table the matter to allow staff the opportunity to include exemptions for residential properties and to obtain additional information regarding an inventory of residential and commercial properties. The motion was seconded by Mr. Snaman and unanimously carried.
Disposition of 200 S. Kirkwood Street
During their Regular Meeting of May 14, 2001, City Council authorized staff to proceed with the sale of property located at 200 S. Kirkwood Street with a licensed real estate agent in accordance with Section C-4 of the City’s Procedure for Sale and Disposition of Real Property. Mr. DePrima, Interim City Manager, advised members that prior to beginning the process of selecting a realtor, an offered was received from Habitat for Humanity to purchase the property at a price of $9,000. Although the offer from Habitat for Humanity is greater than the amount of liens the City has on the property, which is $8,405, he stated that it is less than the cost of liens plus legal fees. He reminded members that the City’s costs associated with the property total approximately $10,000.
Mr. DePrima stated that in accordance with “Exception D” of the Procedure for Sale and Disposition of Real Property, Council can authorize the disposition of real estate to a non-profit organization if it is determined that it is in the best interest of the City. It was his feeling that the mission of Habitat for Humanity is in line with the City’s community development strategy of promoting home ownership. Staff recommended acceptance of the offer from Habitat for Humanity for the purchase of property located at 200 N. Kirkwood Street at a price of $9,000.
Mr. Salters moved to recommend approval of staff’s recommendation, seconded by Mr. Ruane and unanimously carried.
Mr. Salters moved for adjournment, seconded by Mr. Ruane and unanimously carried.
Meeting Adjourned at 7:07 P.M.
SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met with Chairman Truitt presiding. Members present were Councilmen Carey and Ritter, Mr. Tolbert and Mr. Wolfe.
Update - Fire Marshal’s Office
Mr. Truax, City Fire Marshal, reminded members that the previous Council President had established a Fire Safety Standards Committee, which was recently discharged. Since this committee has offered much guidance regarding issues involving the Fire Marshal’s Office, he has requested that this committee serve as an Advisory Committee for the Fire Marshal’s Office.
Mr. Truax also advised members that all City fire hydrants are in the process of being serviced. He stated that there are 1,200 fire hydrants in the City and that to date, 250 to 300 fire hydrants have been serviced.
There was no action taken by the committee regarding the update provided by the Fire Marshal.
Proposed Ordinance Amendment - Number of Buildings
Members were provided proposed ordinance amendments to Chapter 19, Article VII - Numbering of Buildings, Section 19-114 - Duty to Post Numbers, of the Dover Code. It was noted that the proposed amendments were recommended by the Fire Marshal and Fire Safety Standards Committee.
Mr. DePrima explained that the proposed amendment would improve the building numbering requirements so that they are more visible and easier to locate for emergency vehicles. Specifically, the lettering height requirement would be increased from 6 inch letters to 12 inch letters for apartment, commercial, industrial, and office buildings. It would also establish a standard for enclosed and strip malls for both front and rear doors.
In response to Mr. Speed, Mr. Truax stated that although it was not the City’s intent, the ordinance does not specify the size of apartment complexes and, as written, would include apartment buildings not located in a complex, such as those with street addresses.
Mr. Carey moved to table the matter to allow staff the opportunity to clarify the intent of the ordinance as it pertains to apartments. The motion was seconded by Mr. Truitt and unanimously carried.
Discussion - Letter from Colonel Gilbert - Concerns of the Proposed Expansion of the Eastern Shore Environmental’s Transfer Station for Municipal Solid Waste
At the request of Mayor Hutchison, members were provided a letter from Colonel S. Taco Gilbert, III, Commander of the 436th Airlift Wing for the Dover Air Force Base, relaying concerns regarding the conditional use site plan review of Eastern Shore Environmental’s (ESE) transfer station for municipal solid waste (MSW). As the adjacent landowner to ESE, Colonel Gilbert indicated that Dover Air Force Base has a number of concerns with the operation of an MSW transfer station located less than 1,500 feet from their primary runway and the hazardous cargo entrance to the Base.
Mayor Hutchison briefed members regarding the concerns relayed by Colonel Gilbert, explaining that the expanded use of ESE’s property to include use as an MSW transfer station presents a threat to the Dover Air Force Base’s flying mission and the flights of other aircraft utilizing their runways due to the potential of bird air-strike hazards. In addition to flight safety concerns, Dover Air Force Base also has concerns for ground safety. The significant projected increase in vehicular traffic on Postle’s Corner Road to accommodate the MSW use causes alarm for Dover Air Force Base, as Air Force regulations require the establishment of a Quantity-Distance Arc or clear zone for both the withdrawal distance of aircraft as well as the storage of hazardous cargo. Additional traffic may require the reclassification of Postle’s Corner Road from a low traffic density road to a medium traffic density road, which would require consideration of the public traffic route distance, meaning a re-evaluation of and possible change to the established clear zone. Mayor Hutchison stated that this could impact the quantity of hazardous cargo Dover Air Force Base can transport and expressed the importance of not limiting the ability of Dover Air Force Base to support military operations.
If the conditional use is approved, Mayor Hutchison stated that Dover Air Force Base has requested serious consideration be given to establishing additional requirements to protect their adjoining use. A few of the suggested restrictions would be the number and speed of vehicles (traffic control) permitted, limitations on tonnage of transfer trucks, and requirements for road and bridge maintenance. It was also requested that there be a limit on the length of time that the conditional use is granted to allow Dover Air Force Base to annually review the impact resulting from the operation of a MSW transfer station and provide comments accordingly.
Mayor Hutchison advised members that negotiations are currently occurring with ESE and Dover Air Force Base regarding this matter and that the Regional Planning Commission has recommended approval. This matter is now being presented to Kent County Levy Court for final approval. Since the City of Dover has always been an avid supporter of Dover Air Force Base, he requested that members consider issuing a proclamation or resolution in support of the position of Dover Air Force Base regarding this issue.
Mr. Carey moved to recommend that a proclamation be issued in support of Dover Air Force Base regarding their concerns with the proposed Eastern Shore Environmental’s transfer station for municipal solid waste (Attachment #2). The motion was seconded by Mr. Tolbert and unanimously carried.
Mr. Carey moved for adjournment, seconded by Mr. Ritter and unanimously carried.
Mr. Speed moved to adjourn the Council Committees Meeting, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 7:26 P.M.
Respectfully submitted,
William P. McGlumphy
Council President
WPM/jg
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