City of Dover, Delaware - Regular City Council Meeting

Regular City Council Meeting

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Jan 10, 2000 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on January 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, Chief Carey, Mrs. Green, and Mr. Rodriguez.

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 to speak during the Open Forum.

The invocation was given by Pastor Milton B. Kemp, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Leary requested the addition of an executive session at the conclusion of the Regular Meeting to discuss personnel and legal matters. Mr. Salters requested the addition of item #5-B, Land Transfer - Civic Center. Mr. Lambert requested the addition of item #5-C, Bid - Replacement of Vehicle #774 (1981 Digger Derrick Truck - Electric Department).

Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Leary and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 13, 1999

The Minutes of the Regular Council Meeting of December 13, 1999 were unanimously approved by motion of Mr. Leary, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.

PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 686 SOUTH DUPONT HIGHWAY

A public hearing was duly advertised for this time and place to consider rezoning of property located at 686 South DuPont Highway, owned by William C. and Doris J. Torbert. The property is currently zoned C-4 (Highway Commercial) and RG-2 (General Residence) and the proposed zoning is C-4 (Highway Commercial).

Planner's Review

The present zoning of RG-2 permits single family and two family dwellings, rooming houses for five (5) or less people. Permitted conditionally are churches, schools, hospitals, funeral homes, philanthropic and charitable organizations, and membership clubs. The proposed zoning of C-4 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 fires, trucking terminals, building contractors yards, office and retail establishments.

Mr. DePrima advised members that the Planning Commission considered the requested rezoning during their meeting on December 20, 1999 and recommended approval. In taking this position, the Planning Commission considered the following points:

Surrounding Land Uses: To the south, the property is adjacent to the St. Jones River, an important natural resource. To the west, the property is adjacent to other lands in the RG-2 zone. These lands are owned by the City of Dover and there are currently no plans to develop them for residential or any other purpose. Due to their proximity to the St. Jones River, it is the current intention of the City to reserve these lands for natural resource protection purposes. To the north, the property is adjacent to an existing commercial complex zoned C-4 and owned by the applicants. This complex contains mini-storage warehouses, retail stores, and a crematory. To the east, the property is adjacent to Route #13.

Comprehensive Plan: The Comprehensive Plan designates this property as “Open Space, Environmentally Sensitive Lands, and Recreation” due to its close proximity to the St. Jones River.

Other Considerations: The property is completely within the 100 year flood plain. Under the Environmental Protection Section (Article 5, Section 11-11.11) of the Zoning Ordinance, none of the property could be developed. During their meeting of October 20, 1999, the Board of Adjustment granted a variance from this provision allowing 28,600 sq. ft. of the flood plain to be filled. The Board of Adjustment reasoned that without some relief from the ordinance it would constitute a taking of the property. The area granted a variance amounts to 26% of the total area of the land and is located on the southwest corner where there are no wetlands.

Recommendation of Planning Staff: This rezoning request involves a 1.0396^+/- portion of a 2.5^+/-acre parcel. The portion of the parcel directly adjacent to the highway is currently in the C-4 zone. It is the intention of the property owner to rezone the remainder of the parcel to C-4 so that the entire parcel is in the same zone. It is our general policy that zone boundaries should follow property lines. The applicants are proposing to expand their mini-storage complex onto this property.

Mr. DePrima explained that the purpose of the Comprehensive Plan designation of “Open Space, Environmentally Sensitive Lands, and Recreation” was to ensure the protection of the St. Jones River. Our current ordinance prohibits any site development or clearing of natural vegetation within 100 feet of the river, as well as prohibit the development of the Flood Hazard Area. With the exception of the area granted a variance, the application will abide by the setback and wetland protection requirements of the code.

Staff also recommended approval of the rezoning because it conforms to City policy that zone boundaries should follow property lines, and because the goals of the comprehensive plan can be achieved via existing City, State, and Federal environmental protection laws.

Mr. DePrima indicated that some filling and earth moving activity has occurred on the site. The applicant has been working with the U.S. Army Corps of Engineers and the Kent Conservation District regarding this activity. The project engineer has assured us that all environmental protection regulations have been adhered to.

Public Hearing

Council President Christiansen declared the hearing open.

The applicant, Mr. Torbert, addressed members requesting approval of the rezoning request and assured members that there will be no construction on that portion of the property that is adjacent to the St. Jones Rover or that which is designated wetlands.

Council President Christiansen declared the hearing closed.

Mr. Weller moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mrs. Malone and by a unanimous roll call vote (Mr. Truitt abstained), Council adopted the following ordinance: (The first reading of this ordinance was accomplished during the Council Meeting of November 22, 1999.)

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 686 S. DUPONT HIGHWAY.

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 Zone) and RG-2 (General Residence Zone) to C-4 (Highway Commercial 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 C-4 and RG-2 to C-4 on that property located at 686 S. DuPont Highway, owned by William C. and Doris J. Torbert.

ADOPTED: January 10, 2000

PARKS AND RECREATION COMMITTEE REPORT

The Parks and Recreation Committee met on December 14, 1999 with Chairwoman Malone presiding.

Presentation - Market Analysis and Financial Feasibility (DRFC)

During their Regular Meeting of September 27, 1999, Council accepted the Dover Recreation Facilities Committee’s (DRFC) Progress Report and approved the recommendations. As a result, members were provided with a Report of the DRFC regarding the following tasks:

Task I - Site Information: Assure the availability of utilities for Schutte Park. The report provides complete assurance by Mr. Koenig, Public Works Director, that services to the site are available.

Task II - Subsurface Exploration and Geotechnical Engineering Recommendations: The area needed a current topographical map, site survey, subsurface exploration, and geotechnical engineering examination. This work has been completed by John D. Hynes and Associates of Salisbury, Maryland. The report provided details regarding the exploration methods employed, exhibits and data obtained and presents evaluations and recommendations.

Task III - Needs Assessment and Cost Analysis Report: Provide a realistic financial projection for the construction and operation of the facility. A needs assessment and cost analysis has been prepared and is presented as Task III of the report and is the focus of the presentation

Members were advised that the DRFC applied and has received an IRS tax-free corporation [501C(3)] status that will provide a vehicle for accepting tax-free donations. As a result, a Corporate Board exists.

During the committee meeting, Ms. Lauren Livingston, President of The Sports Management Group, addressed members regarding Task III, the Needs Assessment and Cost Analysis Report. The report included an Executive Summary, which provided market analysis, market penetration, marketing, fee assumptions, revenue potential, probable expenditures, and cost recovery potential; General Limiting Conditions; Probable Operating Costs, which provided expense assumptions, expense summary, expense detail budget, job descriptions, part-time staff salaries and schedules, and expense back-up; Potential Revenues, which provided revenue assumptions, revenue summary, revenue detail budget, daily admissions and pass sales, and revenue back-up and room schedules; and Cost Recovery Potential. The report also included the same details regarding the inclusion of the Dover Branch Library within the facility.

The study also suggested alterations to the design of the facility. It was suggested that one of the gymnasiums be changed into a children’s gym to accommodate a particular age group. This gym could be used to address the need for indoor youth soccer, children’s gymnastics, and birthday parties. It was also suggested that a six-foot tall foam climbing wall be added, which has recently become very popular. The study indicated that there is a need to provide additional fitness facilities in this area and recommended that additional space be provided for this purpose.

Ms. Livingston concluded that considering the population of the City of Dover, as well as the surrounding area, and the population of corporate clientele, there would be enough users to support such a facility. It was her feeling that the City is in a perfect position to make a success of a facility of this type.

After the presentation, General Vetter addressed committee members stating that there has been a clear, demonstrative need for the facility and that it is well within the economic capability of the area to support such a facility. The DRFC is convinced that raising the remaining $6 million of the $10 million needed to build and equip the Center must be the next step in this endeavor. It was General Vetter’s feeling that if attempts to acquire the necessary funding is not done in a highly responsive fashion, this effort will die. Based upon research and discussions, DRFC recommended that a professional fund-raising firm be retained within the next few weeks. If the majority of the funds necessary is not obtained through fund-raising, then it was recommended that a referendum be held.

The committee recommended acceptance of the DRFC Report and that the City Manager and Finance Director/Treasurer, in cooperation with the 501C(3) Executive Committee of the DRFC, be authorized to move forward in contacting fund raising firms and to make arrangements for interviews for selection.

For clarification, Mr. O’Connor indicated that once the 501C(3) Executive Committee of the DRFC has formulated a recommendation for a fund raising firm, it will be presented to Council for final approval.

Mrs. Malone moved for approval of the committee’s recommendation under consent agenda, seconded by Mr. Leary and unanimously carried.

Mrs. Malone moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Leary and unanimously carried.

MONTHLY REPORTS - NOVEMBER 1999

By motion of Mr. Salters, seconded by Mrs. Malone, the following monthly reports were accepted:

Chief of Police Report

City Assessor Report

City Clerk/Alderman Report (Fines)

City Manager's Report

Mayor's Report

General Fund, Cash Receipts & Budget Report

Water/Sewer Fund, Revenue & Budget Report

Electric Revenue Fund, Revenue & Budget Report

Improvement and Extension Fund, Cash Receipts & Budget Report

Internal Service Fund, Revenue & Budget Report

Responding to Mr. Salters regarding the completion of sidewalks, Mr. O’Connor indicated that there was a scheduling problem; however, he assured members that all steps are being taken in contacting the contractor for completing the sidewalks on the west end of Loockerman Street.

In response to Mr. Leary, Chief Faulkner indicated that as a result of the community policing program, “operation safe streets”, there has been approximately 23% reduction in crime in the target area. He noted that although there has been progress in this regard, there is a lot of effort that still needs to be placed in the target area. He assured members that the Police Department will continue with these efforts.

Mr. Salters moved for acceptance of the Planning and Inspections Report, seconded by Mr. Leary and unanimously carried.

APPOINTMENT (MAYOR HUTCHISON) - PUBLIC ADVISORY COMMITTEE OF MPO

Mayor Hutchison recommended the appointment of Mr. David L. Edgell to serve on the Public Advisory Committee of the MPO. This appointment is to fill the unexpired term of Mr. Jack Richter, which will expire July 1, 2000.

Mr. Carey moved for approval of the appointment of Mr. David L. Edgell as recommended by Mayor Hutchison. The motion was seconded by Mr. Leary and unanimously carried.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met earlier this evening, with Chairman Salters presiding.

Land Transfer - Civic Center

A proposed Civic Center in Dover has been under consideration for many years. The Delaware Civic Center Corporation has requested that the City donate the land known as Frazier’s Pit for the development of a Central Delaware Civic Center. The facility would be built by the State of Delaware and operated by the Delaware Civic Center Corporation.

Mr. O’Connor advised members that the City has no proposed use for the site. It was staff’s feeling that a State funded and operated civic center, designed to promote tourism and attract major conferences, would be an asset to the community. Staff requested authorization to proceed with negotiations on a land transfer contractual agreement for Frazier Pit, in consultation with Deputy City Solicitor Pepper and Mr. Mike Parkowski, an environmental attorney.

During the committee meeting, Mr. O’Connor explained that the right-of-way easement goes back to the City substation and that it would not be included in the transfer. Staff recommended that provisions be included in the contract that would allow the City to modify or enlarge the substation if necessary, and to reclaim the property if it is not developed as a civic center.

To assure that all concerns of Council regarding negotiations are addressed, it was agreed that the Council President Christiansen will be invited to participate in the negotiations.

The committee recommended that the City Manager, Mr. O’Connor, be authorized to proceed with negotiations for the transfer of Frazier Pit.

Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Weller and unanimously carried.

Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Weller and unanimously carried.

UTILITY COMMITTEE REPORT

The Utility Committee met earlier this evening, with Chairman Lambert presiding.

Bid - Replacement of Vehicle #774 (1981 Digger Derrick Truck - Electric Department)

The Electric Department has a 1981 International Digger Derrick Truck (Vehicle #774) which was purchased in 1981/82. This truck was used continuously to set poles throughout the City. Due to age and continuous use, it is no longer operable. The cost to refurbish the vehicle has been estimated at $38,000 to $40,000. It was staff’s feeling that this would not be beneficial and would only extend the life of the vehicle three to four (3-4) years. Bids to replace the digger truck were solicited and received as follows:

Company Total Bid

Altec Industries, Inc. $148,975 (did not meet specifications)

Lift-All East, Inc. $189,000

Eclipse Leasing Corporation $191,500

Morse Manufacturing, Inc. No Bid

Simon-Telelect East No Bid

Crest Truck Equipment Co. No Bid

Keystone Trucking Company No Bid

Baker Equipment Company No Bid

Funding for the purchase of this vehicle is available in the Transmission and Distribution budget in the Electric Improvement and Extension Fund.

Staff recommended awarding the bid to the lowest bidder that met the specifications, Lift-All East, Inc., in the amount of $189,000, for the purchase of the new International Digger Derrick Truck. It was noted that a replacement truck is currently being leased for $2,300 per month.

The committee recommended approval of staff’s recommendation.

Mr. Lambert moved to award the bid to Lift-All East, Inc., in the amount of $189,000, for the purchase of a new International Digger Derrick Truck, as recommended. The motion was seconded by Mrs. Malone and carried by a unanimous roll call vote.

Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.

APPOINTMENT OF JUDGES - SPECIAL ROBBINS HOSE COMPANY ELECTION - JANUARY 18, 2000

A Special Election of the Robbins Hose Company is scheduled for January 18, 2000. The following persons have been recommended to serve as judges for the election:

1) Harry Hayes 2) Paul Kertiles 3) John Raughley (Alternate)

Mr. Leary moved for approval of the appointment of judges as recommended, seconded by Mrs. Malone and unanimously carried.

REQUEST FOR WITHDRAWAL OF REZONING APPLICATION - PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF WALKER ROAD AND SAULSBURY ROAD - OWNED BY JOANN S. DERRICKSON, INT., JOANN SLIGHTS, TRUSTEE

Consideration for the rezoning of property located on the southwest corner of the intersection of Walker Road and Saulsbury Road, owned by Joann S. Derrickson, Int., Joann Slights, Trustee, was tabled during the Council Meeting of December 13, 1999.

Mr. Leary moved to remove the matter from the table, seconded by Mr. Salters and unanimously carried.

Members received a letter from Mr. Michael Harrington, Sr. and Mr. Roy Klein, Partners of Four Seasons, LLC, requesting withdrawal of the rezoning application. It was noted that they intend to resubmit a rezoning application once their engineers have completed a revised site layout and association traffic impact study and basin-wide drainage study. (NOTE: A new rezoning application has been received and scheduled to be read during the latter part of the meeting).

Mrs. Malone moved to accept the letter requesting withdrawal of the rezoning application, seconded by Mr. Leary and unanimously carried.

REZONING REQUEST/FIRST READING - 101 WESTON DRIVE - STOLTZFUS-MAST, LLC

A request was received to rezone property located at 101 Weston Drive, owned by Stoltzfus-Mast, LLC. The property is currently zoned M (Manufacturing) and the requested zoning is C-3 (Service Commercial).

Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.

Responding to Mr. Salters, Mr. DePrima stated that the rezoning request will actually bring the current uses in more conformity with the zoning classification and that there are no new businesses proposed. He indicated that the manufacturing zoning classification is for more industrial type uses and that the proposed C-3 classification is for light industrial type uses.

By motion of Mr. Leary, seconded by Mr. Weller, Council unanimously referred the request to the Planning Commission and set a public hearing for February 14, 2000 at 7:30 p.m. The first reading of the following proposed ordinance was accomplished by title only:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 101 WESTON DRIVE.

REZONING REQUEST/FIRST READING - SOUTHWEST CORNER OF THE INTERSECTION OF WALKER ROAD AND SAULSBURY ROAD - JOANN S. DERRICKSON, INT., JOANN SLIGHTS, TRUSTEE

A request was received to rezone property located on the southwest corner of the intersection of Walker Road and Saulsbury Road, owned by Joann S. Derrickson, Inc., Joann Slights, Trustee. Currently, the property contains 4.130^+/- acres of land zoned C-PO (Commercial/Professional Office) and 30.620^+/- acres of land zoned R-8 (Single Family Residential). The requested zoning involves reallocating the zoning on the property so that 7.48^+/- acres are zoned C-PO and 27.27^+/- acres are zoned R-8.

Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF WALKER ROAD AND SAULSBURY ROAD.

FINAL READINGS - PROPOSED ORDINANCES

The First Readings of the following proposed ordinances were accomplished during the Council Meeting of December 13, 1999.

Mr. Weller moved that the final readings of the proposed ordinances be acknowledged by title only, seconded by Mr. Leary and unanimously carried.

At the request of Council President Christiansen, the majority of members (show of hands) indicated that separate roll call votes should be taken on the following ordinances:

Chapter 2 - Administration, Article III - City Council, Section 2-70 - Compensation and Expenses for Mayor, Council, Employees and Other Elected or Appointed Officials, Subsection (6) - Civilian Committee Members

Mr. Truitt moved for adoption of the following ordinance, seconded by Mr. Leary and carried by a roll call vote of six (6) yes, three (3) no (Mr. Pitts, Mr. Carey, and Mrs. Malone):