REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 10, 2000 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, and Mr. Weller.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Green, and Mr. Rodriguez. Chief Carey was absent.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen 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 Reverend Steven Wellman, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weller requested the addition of item #3A - Presentation by Howard Sheppard. Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Leary and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 27, 2000
The Minutes of the Regular Council Meeting of March 27, 2000 were unanimously approved by motion of Mr. Carey, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PRESENTATION - WESTMINSTER VILLAGE
On behalf of Westminster Village, Mr. Robert Kratz (Executive Director) and Mr. Dave Mattes (Director of Tenant Operations) presented a donation in the amount of $2,000 - $1,000 each to the City of Dover Police and Fire Departments. Mr. Kratz stated that although Westminster Village is a tax-exempt entity, they choose to make donations to denote their sincere appreciation for the protection of the fire and police departments. They have always received excellent service from the City and wanted to show their gratitude.
On behalf of the citizens of Dover, Mayor Hutchison relayed appreciation to Westminster Village not only for the monetary contribution, but also for providing quality housing for the senior citizen population of Dover.
PRESENTATION - RETIREMENT OF LUTHER C. LUCAS, CITY ASSESSOR
Mayor Hutchison and Mr. Salters presented Mr. Luther “Chappy” C. Lucas with a Certificate of Retirement, Dover Cup, and City Plaque as a token of appreciation for his 28 years of dedicated service to the City of Dover. Mayor Hutchison noted that Mr. Lucas rose through the ranks in
his employment with the City of Dover and that, due to his outstanding abilities and perseverance, was able to rise to the level of City Assessor. Members expressed their sincere congratulations and best wishes to Mr. Lucas during his retirement.
Relaying appreciation, Mr. Lucas indicated that he has enjoyed his career with the City of Dover and has had the privilege of working with outstanding co-workers and both past and present Mayors and members of Council. Since his employment with the City has been a big part of his everyday life, although he looks forward to retirement, Mr. Lucas stated that he will miss the daily work and contact with citizens. He thanked members for their confidence and support during the past 28 years.
PRESENTATION BY HOWARD SHEPPARD - JUSTICE MAURICE HARTNETT AND MAYOR JAMES HUTCHISON
Mr. Howard Sheppard presented Justice Maurice Hartnett and Mayor James Hutchison with hand-made, wooden gavels that were hand-made from the lumber of the old M.A. Hartnett Lumber Building. Mr. Sheppard felt that the gavels represented “Old Dover”, noting that the building was built in 1882 and, unfortunately, was recently destroyed by fire.
Mayor Hutchison and Jusice Hartnett relayed appreciation to Mr. Sheppard for his thoughtfulness.
Council President Christiansen advised members that two (2) additional gavels were made and that one (1) will be placed in the display case located in the Council Chambers Hall.
RESOLUTION - SPRING CLEAN-UP WEEK
The City Clerk read the following Resolution into the record:
WHEREAS, we are fortunate to live in a City so abundantly blessed with natural assets and we have a continuing responsibility for preserving our environment by keeping it clean, healthy, and beautiful; and
WHEREAS, the Annual Old Dover Days celebration, a period set aside to honor the past and heritage of the City, will be celebrated on May 5 - 7, 2000; and
WHEREAS, during this celebration we have the opportunity to demonstrate to ourselves, our neighbors, and our visitors, our commitment to a clean and beautiful city.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1.That the week of April 10 - 14, 2000 is designated as SPRING CLEANUP WEEK in the City of Dover.
2.That all organized and individual segments of our population participate in this noble effort by developing and carrying out imaginative clean-up, paint-up, and fix-up projects which will serve to enhance, restore, or maintain the beauty of all properties in our community.
3.All Spring Cleanup debris should be placed for pickup along with regular household garbage during the week of April 10 - 14, 2000 so that our City will exemplify cleanliness and beauty during the Old Dover Days celebration.
ADOPTED: April 10, 2000
Mr. Leary moved for adoption of the Resolution, seconded by Mr. Carey and unanimously carried.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 811 BAY ROAD, OWNED BY DELAWARE INDUSTRIAL ENTERPRISES
A public hearing was duly advertised for this time and place to consider rezoning of property located at 811 Bay Road, south of the Blue Hen Mall and Corporate Center, owned by Delaware Industrial Enterprises. The property is currently zoned C-4 (Highway Commercial) and IPM (Industrial Park Manufacturing) and the proposed zoning is SC-3 (Regional Shopping Center).
Planner's Review
The present C-4 zoning classification, which consists of 4.1 acres, permits service establishments, wholesaling and warehousing, bowling alleys, animal hospitals, motor vehicle service stations subject to conditions, manufacturing with less than 25 employees, printing establishments, drive-in facilities, motels and eating establishments, outdoor recreation facilities, auction establishments, theaters, places of worship, clubs, selling trailers and memorial stones, moving firms, trucking terminals, building contractor yards, and office and retail establishments. The present IPM zoning classification, which consists of 34.3 acres, permits manufacturing, research and design laboratories, printing, warehousing, and trucking terminals, public utility uses, administrative offices, banks, and retail and service commercial under limited conditions.
The property is currently vacant, with the exception of a single family home on one lot.
The proposed zoning of SC-3 permits retail commercial complexes of three (3) or more establishments allowing large scale commercial development which can be shown by market analysis to be needed. Typical uses permitted include shopping malls, department stores, specialty stores, grocery stores, restaurant, and theaters. All proposed retail, office, personal service, recreational or institutional uses require a demonstration of need through market analysis, and shall have no adverse affect on adjacent land uses.
The proposed use of the property is for a retail center, The Blue Hen Promenade, to consist of a grouping of seven (7) major stores with a total area of 366,400 S.F. In addition, there will be 1,982 new parking spaces. The Promenade will be integrated within and partially built on lands that are now a part of the Blue Hen Mall and Corporate Center.
The Planning Commission recommended approval of the rezoning. In taking this position, the Commission considered the following points:
Surrounding Land Uses: To the north of the site is the Blue Hen Mall and Corporate Center zoned SC-3. To the northeast are the homes in the Schoolview neighborhood zoned R-8 (Single Family Residential). To the west and across Route 113 is the Danner Farm State Office Complex, zoned I/O (Institutional and Office), consisting of the DelDOT Administration Building, University of Delaware Extension Office, and other State Buildings. Immediately south of the site is the American Legion Post #2, the SR 1, and the SR 1Puncheon Run Connector (under construction) Right-of-Way. Further south are various commercial uses zoned C-4 and IPM. The SR 1 right-of-way and the rear portions of the Tudor Industrial Park (Zoned C-3 Service Commercial) are to the east of the site.
Comprehensive Plan: The Comprehensive Plan designated the rear portion of the property for industrial uses, and the front area reserved for highway commercial uses. This was consistent with previous plans and zoning designations when this area was contiguous with industrial areas that are now on the south side of SR 1. This property was specifically addressed at the Southeast Dover Planning Workshop when the Comprehensive Plan was developed. There was no strong consensus for any specific uses other than non-residential uses.
In the Commercial Land Uses Section of the Comprehensive Plan that addresses the Route 13/113 Corridor, there is strong support for the renovations and adaptive reuse of older structures in the Corridor. While the Blue Hen Promenade does not re-use the existing Blue Hen Mall building, it does bring new investment, parking areas, and vitality to the former Mall site. In addition, this plan calls for the concurrent remodeling of the Blue Hen Corporate Center. As such, this is consistent with the goal of expanding on existing centers. In addition, it will have a positive effect on the whole Route 113 Commercial Corridor. This area has been degrading since the early 1980’s when the Dover Mall was constructed and most of the new retail investment followed it to the Northern Route 13 Corridor.
Market Analysis: The SC-3 rezoning process is unique in that it requires a Market Analysis to show that the proposed uses are needed and will not have an adverse impact on adjacent land uses. A market analysis by the “Strategic Edge Consultants” was provided to members for their review, which considers the needs of the Central Delaware Trade Area (228,898 people in a 1,720 square mile area) with the existing supply of retail stores in Dover. The study concludes that Dover can support a retail center that includes up to 450,000 S.F. of retail/restaurant space. Specifically, the study identifies the following retail categories: home center, department store, sporting goods, home furnishings, consumer electronic & appliance, books and music, pet supply, apparel/family (off price), and a full service restaurant.
Site Plan: A SC-3 rezoning requires a concept plan to be submitted that includes building and parking layouts, drainage plan, and natural features. A site plan has been submitted, which generally shows a large central parking area south of the Blue Hen Mall and Corporate Center.
Flanking the parking on the east and south are two buildings each containing one dominant retail store, and two smaller stores. Along the southern front of the Blue Hen Mall and Corporate Center (in front of the BankAmerica) is a free standing retail store and a restaurant site.
The stormwater will drain to the southeast to a large 2.9 acre stormwater management area. There are six (6) acres of woodland, within which there are 4.3 acres of wetlands located in the southeastern rear of the property. These areas are proposed for preservation.
To separate the project from the adjacent Schoolview neighborhood there is a 150-foot buffer between the rear property line and the edge of paving of the rear loading area. Within the buffer area, there is a 50-foot landscaped screening area.
In general, the Blue Hen Promenade blends into the Corporate Center and Mall. Should the rezoning be approved, further site plan review is required at which time staff reserves the right to make further comments.
Traffic Analysis: A SC-3 rezoning requires a traffic analysis to be submitted. An executive summary from such an analysis was also provided to members for their review. The scope of the study is the whole Route 13/113 Corridor from White Oak Road to Lafferty Lane and the intersection of Route 10 and Route 113. The study considers the existing conditions, the year 2003 conditions without the project, and the projected 2003 conditions with the project. Two proposed developments, the Amberfield Residential Subdivision and the Dover Crossing (both on the former John Hunn Brown Property) are taken into account in the analysis. The analysis looks at the impacts on 16 intersections in the Corridor during the AM and PM Peak. It is important to note that the study was done assuming 482,100 S.F. of retail area, while the proposal currently calls for only 366,400 S.F.
The intersection analysis shows that no intersections in 2003 will fall below a level of service “E” which is considered the lowest acceptable level. A few intersections including Route 13/Division Street, Route 13/Court Street, Route 13/South Little Creek Road, and Route 113/Transportation Drive drop one letter grade. It should be noted that the proposed optimization of signal lights improves many of the intersections to levels better than the existing conditions.
The summary concludes that the Blue Hen Promenade, with the addition of a new signal light on Route 13 at the southern entrance to the complex will not cause traffic congestion in the study corridor. The study also calls for another left turn lane at the Loockerman StreetRoute 13 intersection, and changes to optimize signal timing and coordination in the study Corridor.
This study has not been reviewed and approved by DelDOT, its review and approval will be required prior to submission for site development plan approval, should the rezoning be approved.
Recommendation of Planning Staff: Staff supports the rezoning, feeling that the project is consistent with the Comprehensive Plan provisions that give strong support to reusing and revitalizing existing commercial centers in the Route 13/113 Corridor. The Blue Hen Promenade
should have a positive effect on the Blue Hen Mall and Corporate Center, and the whole Route 113 Corridor. The market analysis indicates that there is a demand for the retail space, and that it will not negatively affect adjacent businesses. The traffic analysis indicates that the road system can handle the additional traffic. The surrounding land uses are also compatible as long as there is extraordinary buffering placed between the Blue Hen Promenade and the Schoolview neighborhood.
Correspondence
The City Clerk provided members with copies of correspondence received regarding this matter, as follows:
Mr. Paul Eichler, 866 Monroe Terrace, requested that the Promenade Project be denied and mentioned several concerns. He felt that the previous Blue Hen Mall already proved itself as a poor retail center and thus, converted to corporate space, which currently advertises for available retail space. Therefore, a new retail center at the same location is not necessary or prudent. He also noted that there are several retail centers along Bay Road (Route 113) and Route 10 that currently have retail space available. Mr. Eichler disagreed with that portion of the market study which suggests that certain services and stores are under-represented and referenced those businesses that are located in the area. He felt that the proposed project could drive current businesses out as well as create even more available retail space in this already space abundant area.
Mr. Kevin Loftus, President of Bank of America/B.A. Card Operations, Inc., relayed support for the project, feeling that the proposed retail project will act as an amenity for their associates and enhance the overall Blue Hen Corporate Center environment for the benefit of this area and ultimately the City of Dover.
Responding to Mr. Lambert, Mr. DePrima explained that although the area proposed for rezoning is not in an Accident Potential Zone designated by the Dover Air Force Base, officials have indicated that the area is situated in a potential Accident Potential Zone. As a result of a special meeting held with officials of DAFB regarding this project, Mr. DePrima stated that there were no concerns with the proposal. However, if the rezoning is approved and the project is then presented for site plan approval, he stated that DAFB officials indicated that they will request that special noise attenuation be built into the construction to alleviate noise at this site. He advised members that the developers indicated that they would construct the facility utilizing noise attenuation material.
Public Hearing
Council President Christiansen declared the hearing open.
Representing Blue Hen Venture, LLC, Mr. Greg Moore of BM2OR explained the proposed project in detail and noted that the goals are to maintain the Blue Hen Corporate Center in its current form, continue to bring major tenants to the center, redevelop the building to include facade improvements, and allow for larger office tenants in the remaining non-leased spaced in the facility. It is felt that the diversification of the southern end of the project will strengthen the current businesses and facilities in the area.
Mr. Moore advised members that a letter was received from DAFB as a result of the special meeting held with the City and representatives of the proposed project and assured members that the only issue raised was in regards to the noise decibels and that there were no issues or concerns regarding safety or the Accident Potential Zone APZII.
With regards to the adjoining Schoolview neighborhood, Mr. Moore stated that several meetings have been held with residents and, as a result, the project plans have been revised. The developers have proposed a combination of landscaping, a berm, and fence to screen the back of the building from the residential neighborhood. The proposed berm and fence height is in excess of ten feet (10’), which will help reduce the impact of the project on the residents. Mr. Moore alluded to the current zoning classification for the property where the proposed building is to be located and advised members that if the rezoning is not approved, the proposed building could still be constructed in the current zone. Therefore, the impacts to the adjacent neighborhood could be realized without the rezoning of the property.
Mr. Moore referred to the concerns of traffic and cautioned members that the current zoning classifications of C-4 and IPM are zones that permit significant retail and traffic generators. It is the developer’s feeling that the rezoning would not create an adverse traffic impact beyond that which would be permitted under the current zones.
For informational purposes, Mr. Moore mentioned that it is the developer’s intent to remove the old Acme building, which is located north of the Blue Hen Corporate Center, and redevelop that area into a combination office and retail area.
Responding to Mr. Lambert, Mr. Moore stated that the Traffic Impact Study for this project includes all committed developments, such as the proposed John Hunn Brown. He also indicated that the study confirms that the addition of a turning lane on Loockerman Street and changes in signal timing upgrade to the signaling devices on Route 13 will help handle the additional traffic that the proposed Blue Hen Promenade and John Hunn Brown projects will generate. Mr. Moore felt that the Puncheon Run Connector will be used to serve the area and that although the proposed project will draw patrons from a very large area, they will not come from any one concentrated area.
Mr. Michael von Reider, 740 East Division Street, indicated that as a member of the Planning Commission, he recommended approval of the rezoning. In regards to traffic, he felt that the proposed project will not generate any new traffic, but will be taking traffic from other stores that they will be competing with in the surrounding area, and thus, will actually help in this aspect. Mr. von Reider also advised members that in terms of shopping, he personally prefers the types of stores and layout as proposed for this project rather than a mall. He felt that the proposed project will provide convenience, new influx of retail, will serve the surrounding communities effectively, and will enhance the southeastern area of the City of Dover; therefore, he supports the rezoning and construction of the proposed project.
Ms. Barbara Austin, 699 Roberta Avenue, relayed opposition to the proposed project. She explained that her home is located immediately adjacent to the large proposed home improvement center included in the proposed project and relayed concerns with its close proximity to the residential properties of the Schoolview development. She also relayed concerns with the unoccupied retail space that is already in the area. Ms. Austin advised members that this area already has traffic congestion due to beach traffic and felt that the proposed project will add to this problem.
Council President Christiansen declared the hearing closed.
Mr. Leary moved for approval of the rezoning request for property located at 811 Bay Road, as recommended by the Planning Commission. The motion was seconded by Mrs. Malone.
Mr. Lambert reiterated concerns with the traffic situation in the area. Noting that the new signalization is currently being instituted, it was his feeling that action on the rezoning should be delayed pending the results of the new signalization. He advised members that since the Puncheon Run Connector will be used to bring traffic from the west side of Dover in and out of this area, his concerns regarding traffic go beyond Route 113.
Mr. Lambert moved to table action on the rezoning request for property located at 811 Bay Road, seconded by Mr. Truitt. By a voice vote, the motion to table action was defeated.
On a call for the question by Mr. Leary, the motion to approve the rezoning request for property located at 811 Bay Road, as recommended by the Planning Commission, was carried by a roll call vote of six (6) yes, three (3) no (Mr. Lambert, Mr. Weller, and Mr. Christiansen) and Council adopted the following ordinance (the first reading of this ordinance was accomplished during the Council Meeting of February 28, 2000.):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 811 BAY ROAD (ROUTE 113).
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-4 (Highway Commercial) and IPM (Industrial Park Manufacturing) to SC-3 (Regional Shopping Center).
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-4 and IPM to SC-3 on that property located at 811 Bay Road (Route 113), owned by Delaware Industrial Enterprises.
ADOPTED: April 10, 2000
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 27, 2000 with Chairman Salters presiding.
Review of Capital Investment Plan
Members were provided copies of the Fiscal Year 2001 update to the City of Dover Capital Investments Plan (CIP) for Fiscal Years 2001/2005 for their review. Staff prepares a five-year CIP every three years with annual updates. The next scheduled five-year CIP is scheduled for Fiscal Year 2003. This method emphasizes the City’s real needs, focuses on the completion of projects, and enables staff to monitor long-term needs of the City more efficiently. The capital projects scheduled to begin next year total approximately $4.4 million. The CIP also contains proposed vehicular/equipment purchases in the amount of $1.3 million over the next year.
During the committee meeting, Mr. O’Connor reminded members that the CIP update is strictly a planning document designed to coordinate and communicate the City’s capital requirements for the next year. Projects in future years will continue to be reviewed on an annual basis. The CIP should be utilized as a guide, not a commitment. Funding is committed only when a project or equipment purchase has been budgeted and approved by Council. Mr. O’Connor assured members that only approved projects for Fiscal Year 2001 will be included in the upcoming year’s budget.
The committee recommended adoption of the Fiscal Year 2001 Capital Investments Plan (as on file in the Office of the City Clerk).
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Leary and unanimously carried.
Proposal to Repeal Ordinance Permitting Non-Conforming Use (Adopted April 25, 1985) - T. Noble Jarrell Property Located at 1282 McKee Road
Members were advised of an ordinance adopted by City Council on April 25, 1985, that allows Dr. T. Noble Jarrell use of his property located at 1282 McKee Road for commercial purposes under a non-conforming use. Whenever there have been past actions of Council affecting the administration of the zoning ordinance that was accomplished by means outside the normal channels (such as rezonings, variances, and site plan approvals), the City Planner, Mr. DePrima, has brought them to Council’s attention in order to have the actions either codified or repealed.
During the Committee Meeting, Mr. DePrima explained that the property was originally annexed into the City and zoned R-20 (Single Family Residential). In previous years, it was the City’s policy to annex all land into the R-20 zone. As a result, there were rezoning requests submitted to have the property rezoned C-3 (Service Commercial), which were denied. With the neighbors support, an ordinance was adopted on April 25, 1985 providing Dr. Jarrell the authority to improve and make a commercial use of the property located at 1282 McKee Road. Staff recommended repealing the ordinance adopted April 25, 1985, relaying the following concerns: 1) wording of the ordinance being ambiguous; 2) difficulty in tracking such actions; 3) fairness for all other non-conforming properties regulated under Article 7, Non-Conforming Uses, of the Zoning Code; and 4) legal reasons, since action providing relief to a property outside of the process in accordance with the Zoning Code could be challenged. Mr. DePrima assured members that repealing the ordinance would not take away the right provided to Dr. Jarrell for continued use of the building as it currently is, but would simply cause the building to operate under the appropriate regulations. He indicated that repealing the ordinance adopted April 25, 1985 would not cause any problems for the owners and did not foresee any problems for a new owner, should the property be sold, as long as the use of the property would not change.
Mr. DePrima further explained that Article 7 of the Zoning Code provides very specific guidelines on the use and improvements for non-conforming buildings. In this case, the non-conforming use regulations would allow the building to be used as is; however, the uses could not change to another non-conforming use without Board of Adjustment approval. In addition, non-conforming uses cannot be re-established if they are discontinued for more than one (1) year for any reason.
Mr. Glenn Hitchens, attorney representing Dr. Jarrell, addressed committee members and indicated that there were no concerns with repealing the ordinance adopted April 25, 1985 since the provisions are provided for in Article 7 of the Zoning Code, in particular Section 1.2, that will allow the arrangement to remain as it is today.
The committee recommended repealing the ordinance adopted by City Council on April 25, 1985.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Leary and unanimously carried.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on March 27, 2000 with Chairman Lambert presiding.
Proposed Phase II Re-conductoring of the 69KV Transmission Line Beginning at Roosevelt Avenue and Ending Just Over the St. Jones River
During their Regular Meeting of February 28, 2000, members of Council approved Phase I of the re-conductoring of the 69KV transmission line and that the contract for construction labor be awarded to Fry Electric at a cost not to exceed $35,156. Phase II provides for the re-conductoring
of approximately 1,300 feet of the transmission line and is the last section of the 69KV loop with 336 wire. This is a small section of line between Roosevelt Avenue and Danner Farms Substation, which crosses the St. Jones River, with a structure on an island on the St. Jones River, and has an unusually long span that will require additional engineering.
Bids were solicited for the design (engineering only) of Phase II, with only one response received from Downes Associates in the amount of $28,600. Phase II of the project will be implemented upon completion of Phase I.
The committee recommended awarding the bid for design (engineering only) of Phase II to Downes Associates at a fee not to exceed $28,600, as recommended by staff.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Weller and carried by a unanimous roll call vote.
Bid - FY2000 Curb Replacement Program (Contract #2000-01)
In accordance with the City’s Capital Investments Plan, there is 8,982 linear feet of curb and 68,450 square feet of various depth miscellaneous concrete flat work on selected streets and parking areas proposed for repair or construction. A listing of the scheduled areas was provided to members for their review.
Based on historical performance of the contractors, staff reviewed the two (2) lowest bids and considering past experience, recommended awarding two (2) separate contracts for the FY 2000 Curb Replacement Program to the two (2) lowest bidders, as follows:
Crystal Concrete, Inc. $215,440.88
Coker Concrete $225,641.50
Both contractors have been contacted regarding the proposed separate contracts. Should a contractor fail to perform his portion of the work in a timely manner, the City will have the ability to acquire the other contractor to complete the work.
The committee recommended awarding two (2) separate contracts for the FY 2000 Curb Replacement Program to Crystal Concrete, Inc. in the amount of $215,440.88, and Coker Concrete in the amount of $225,641.50, as recommended by staff.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.
Bids - Washington Street Sanitary Sewer Replacement (Contract #2000-04)
In accordance with the FY 2000 Capital Investments Plan, staff is proposing to replace approximately 334 linear feet of eighteen (18) inch gravity sanitary sewer main and approximately 52 linear feet of six (6) inch sewer laterals, and appurtenances from Washington Street to Rodney Road. This sewer main has deteriorated significantly over the past several years and is a source of inflow/infiltration in the sanitary sewer system due to the condition of the pipe.
Staff solicited bids and recommended awarding the contract for the Washington Street sanitary sewer replacement project to the low bidder, Teal Construction, Inc. in the amount of $188,427.50.
The committee recommended approval of staff’s recommendation.
Mr. Lambert moved to award the contract for the Washington Street sanitary sewer replacement project to Teal Construction, Inc., in the amount of $188,427.50. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mrs. Malone and unanimously carried.
RE-APPOINTMENTS - DOWNTOWN DOVER DEVELOPMENT CORPORATION (DDDC) - THREE YEAR TERMS TO EXPIRE APRIL 23, 2003
Mayor Hutchison requested the re-appointments of Mr. Gary Patterson (Private Citizen Representative), Mr. Robert Berglund (Business Representative), and Ms. Rebecca Gordon (Dover Parking Authority Representative) to the Downtown Dover Development Corporation. The appointments are for three (3) year terms to expire April 23, 2003.
Mr. Pitts moved for approval of the re-appointments to the Downtown Dover Development Corporation, as recommended by Mayor Hutchison. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances were accomplished during the Council Meeting of March 27, 2000.
Chapter 10 - Housing Code (Title)
Mrs. Malone moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. Carey moved for adoption of the following ordinance, seconded by Mrs. Malone 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 the title of Chapter 10 - Housing Code be amended by striking the word “CODE” and inserting the words “AND PROPERTY MAINTENANCE” in lieu thereof.
ADOPTED: April 10, 2000
Chapter 10 - Housing Code, Article I - In General, Section 10-5, Housing Code Board of Appeals
Mrs. Malone moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. Carey moved for adoption of the following ordinance, seconded by Mrs. Malone 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 Chapter 10 - Housing Code, Article I - In General, be amended by deleting Section 10-5, Housing Code Board of Appeals, in its entirety and inserting in lieu thereof the following:
Sec. 10-5. Housing code board of appeals.
(a) There shall be a board to be called the housing code board of appeals consisting of three (3) members. One (1) of whom shall be the city manager, one (1) a resident generally selected as a representative of homeowners, and one (1) representative of the local real estate industry association. The members shall be appointed by the mayor, subject to confirmation of a voting majority of the city council at its annual meeting. Decisions of the Board shall be final.
ADOPTED: April 10, 2000
Chapter 10 - Housing Code, Article IV - Lodging Houses
Mrs. Malone moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Mr. Carey moved for adoption of the following ordinance, seconded by Mrs. Malone 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 Chapter 10 - Housing Code be amended by deleting Article IV - Lodging Houses, in its entirety and inserting in lieu thereof the following:
DIVISION 1. GENERALLY
Sec. 10-61. Applicability
(a) Purpose – The purpose and intent of this Article is to ensure public health, safety and welfare insofar as the continued occupancy and maintenance of lodging houses operated for public use affect them. The health, safety and welfare of the occupants of the lodging houses are of the utmost importance to the City of Dover.
(b) Applicability – The provisions of this Article shall apply to all matters affecting or relating to lodging houses as defined in this section. Where in this article different sections of this code may specify different requirements, the most restrictive shall govern.
(c) Definitions
(1) Lodging House – A building operated principally for the temporary residence of the transient public, including but not limited to hotels, motels, tourist homes, and dormitories.
(d) Compliance - No person shall operate, occupy or let to another for occupancy any lodging house, which is not in compliance with this chapter. No person shall operate, occupy or let to another for occupancy any lodging house unless it is clean and sanitary and complies with the following requirements of this article.
Sec. 10-62. Operator's responsibilities.
The operator of every lodging house shall be responsible for:
(1) Maintaining all supplied bedding in a clean and sanitary condition;
(2) Changing all supplied bed linen and towels at least once each week and upon the renting of any room;
(3) Supplying clean towels daily;
(4) Maintaining the property in accordance with the Property Maintenance Code adopted in Section 10-1(a) and National Fire Prevention Codes adopted in Chapter 7, Section 7-56 of this Code of Ordinances.
Sec. 10-63. Inspections.
The Inspections Department in accordance with the procedures set forth in the Property Maintenance Code adopted in Section 10-1(a) of this Chapter shall inspect lodging houses for compliance with the Property Maintenance Code and all other applicable codes to insure compliance.
Secs. 10-64--10-75. Reserved.
DIVISION 2. PERMIT
Sec. 10-76. Generally.
(a) It shall be unlawful for any person to let space in any lodging house or to offer to let space in any lodging house by advertisement, without first obtaining a permit from the license department in order to determine compliance with the provisions of this chapter.
(b) The permit shall expire annually on January thirty-first, and the fee for the annual permit shall be fifty dollars ($50.00) for the first ten (10) rooms and five dollars ($5) for each additional room. The fee for dormitories shall be fifty dollars ($50.00) for the first ten rooms, and two dollars fifty cents ($2.50) for each room thereafter.
(c) In the event that the permit fee set forth herein is not paid on the date due, then the permittee shall incur a penalty fee in the amount of ten (10%) percent per month of the amount of the license fee until the same is paid.
(d) An owner whose permit has been suspended in accordance with Section 10-78 shall pay a One Hundred Dollar ($100.00) reinstatement fee.
(e) In the event that the property owner fails to pay said fees within thirty (30) days from the date the same are mailed to the owner, then such fees may be entered into the municipal lien docket as a lien owing the City; and the same may be turned over to the City Solicitor for collection.
(f) The owner or occupant of any lodging house shall not be entitled to receive city utilities until the permit fee required in this chapter is paid in full and city personnel shall refuse to provide sewage, water and electricity to the property until satisfactory proof is furnished that such license fee has been paid.
Sec. 10-77. Application and issuance.
No permit shall be issued until the applicant has complied with the provisions of this chapter applicable to lodging houses and until the applicant has furnished the license department, any other information that may be required.
Sec. 10-78. Suspension.
(a) The building inspector shall suspend the permit issued or withhold the permit paid for, pursuant to this division, when he determines that lodging house or the premises surrounding the lodging house fails to meet the requirements of this chapter or any rule or regulation issued pursuant thereto. Suspension shall last until the violations have been corrected to the satisfaction of the building inspector, or the suspension shall have been reversed on appeal.
(b) Upon suspending any permit under this section or withholding the permit paid for, the building inspector shall notify the owner of the violations of the applicable code and shall prescribe a period in which the violation shall be corrected.
(c) Any owner or operator of any lodging house whose permit to operate the structure is suspended by the building inspector pursuant to the procedures of this section shall have the right to appeal and notice as provided in Section 10-5.
(d) Upon suspension of a permit, or withholding of