REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 9, 1999 at 7:40 p.m. with Council President Christiansen presiding. Council members present were Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, and Mr. Weller. Mr. Lambert and Mr. Pitts were absent.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Green, and Mr. Rodriguez.
The invocation was given by Minister Bertha Hardman, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weller requested the addition of item #5-B - Bid for Dover Pedestrian Improvements Cast Aluminum Poles and Acorn Shaped Luminaires and item #5-C - Bid for Dover Pedestrian Amenities Project on Loockerman Street.
Mr. Leary moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 26, 1999
The Minutes of the Regular Council Meeting of July 26, 1999 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 1052 SOUTH GOVERNORS AVENUE - LUCIUS M. AND JOANNE H. DICKSON
A public hearing was duly advertised for this time and place to consider rezoning of property located 1052 South Governors Avenue, owned by Lucius M. and Joanne H. Dickson, from R-10 (Single Family Residential) to C-PO (Commercial/Professional Office).
Planner's Review
The present R-10 zoning classification permits agricultural uses, single family detached dwellings on 10,000 square foot lots, and public buildings. Conditionally permitted are planned senior housing developments, churches, schools, hospitals, funeral homes, philanthropic and charitable organizations, and membership clubs.
The proposed C-PO zoning classification permits offices, financial institutions, service agencies, medical and dental offices, and conditionally permits residential uses on the second floor. Generally these districts should promote superior development, prevent offices in mature residential neighborhoods, and serve as a transition area between low, medium, and high intensity development. Planned senior housing developments are conditionally permitted.
The parcel consists of a single family home and vacant lands. There is a total of 7.80+/- acres, of which 4.55+/- acres are included in the rezoning request, the remaining 3.24+/- acres will remain open space. The proposed use is for an office park with five (5) buildings, approximately 6,200 sq. ft. each.
Surrounding Land Uses: To the north of the site are single family houses zoned R-8 (Single Family) that front on Monroe Terrace and South Governors Avenue. To the east and across South Governors Avenue there are mixed uses including residences, offices, a church, and a convenience store. To the south of the site and across Lynnhaven Drive is land associated with this parcel that is vacant and in a flood plain. To the southeast are single family houses in the Woodbrook Development zoned R-10. To the west are the remaining lands of the tract not proposed for rezoning, on this 2.46 acre portion is Pippen Pond. To the west of Pippen Pond are single family houses in the Woodbrook Development.
Comprehensive Plan: The Comprehensive Plan recommends this area for low-density single family houses. This tract was the subject of discussion during the Comprehensive Plan Update in 1996. At the time, the staff recommended C-PO zoning for the front portion of this tract because the area was not ideal for low-density development and C-PO zoning would serve as a transitional zone between the traffic and more intense uses along South Governors Avenue and the Woodbrook Subdivision. After receiving public comments from neighboring property owners, and after some discussion, City Council determined that the area was suitable for residential development and the property remained in the R-10 zone.
Other Considerations: In October 1998, City Council denied a petition to rezone the property of Dr. Kidd to C-PO. This property fronts on Wyoming Avenue at the corner of South Governors Avenue approximately 800 feet north of the site in question. There are a few differences between these sites. For example, Governors Avenue has a greater commercial nature and much more traffic than Wyoming Avenue. However, one of the reasons for denying the rezoning was that there was insufficient evidence of the need for additional office zoning. It was the feeling of both the Planning Commission and City Council that the long standing policy of not rezoning residential land south of the hospital was encouraging office development north and west of the hospital where it was more appropriate.
The C-PO zone text states that one of the purposes of the C-PO zone is "to prevent the development of professional offices in healthy, mature residential neighborhoods". However, it also states that C-PO zoning districts shall be located in order to serve as a transition area between low, medium, and high intensity development. Woodbrook and the MonroeJefferson Terrace Neighborhood clearly meet the definition of a mature neighborhood, yet Governors Avenue is a mixed use area with high traffic. Consideration should be given as to whether this is an undesirable location for a residence, and therefore, should be rezoned as a transitional property, or whether this is a feasible residential location, and that the rezoning would encroach into a mature residential neighborhood. As stated above this discussion took place in 1996 and City Council favored the current residential zoning.
The C-PO zone requires that a site plan accompany the application. The proposed site plan shows five office buildings, with a total of 31,000 sq. ft. in building area, includes 155 parking spaces, and 3.24 acres remaining undeveloped. In addition, the portion of the development that exists within the 100-year flood plain will also remain in open space. Traffic will enter and exit on South Governors Avenue. This site plan has not been reviewed in detail for compliance with the Zoning Code, but it appears to be a well-laid out plan that meets the goals of this zone to establish groupings of office buildings with safe access. There are parking spaces in the flood plain buffer and pond setback areas that will have to be relocated.
Since the requested rezoning is not recommended by the Comprehensive Plan, if the property is rezoned, it could be reversed after one year if the office construction does not occur.
Recommendation of Planning Staff: Staff recommended that the Planning Commission stay with the decision made by City Council in 1996 to keep this area zoned residential, unless the applicant can show some changes in circumstances or needs in the area that support office zoning.
The Planning Commission recommended approval of the rezoning request. Mr. DePrima advised members that during the Planning Commission public hearing, a resident of the area had several questions regarding the project; however, there were no objections to the rezoning request as long as the project was built in accordance with the proposed plan.
In response to Mr. Weller’s concerns, Mr. DePrima stated that the applicant excluded a portion of the property from the rezoning request in order to reemphasize that the land remaining R-10 will serve as a buffer from the residential areas. There would be no objections should Council wish to rezone the entire parcel, explaining that in either zone, the land would be undevelopable due to its distance from the lake and because of the flood plain area. Mr. DePrima noted that the City has always discouraged “split zones” in the past.
Correspondence: A letter was received from William F. Hare, 965 Westview Terrace, indicating his support of the project.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Joseph M. Petrosky of 8 Water Wheel Circle (Old Mill Acres II), equitable owner and developer, provided exhibits and gave a presentation indicating a shortage of class “A” office space in the City. He also presented a drawing depicting the architecture of the building and explained how efforts would be made to lessen any impact on surrounding neighborhoods. The exhibits included an aerial view of the site, front and rear facades of the proposed buildings, and maps depicting the zoning classifications of surrounding areas. He felt that the rezoning request meets the intent of the C-PO zoning classification and that if the property were to be developed residentially, there would be a greater, negative impact on the residential areas.
Mr. Petrosky noted that Governors Avenue has been designated as an arterial roadway by DelDOT. He felt that the distinction between this and other similar rezoning requests that were denied is its location. DelDOT has future improvements planned for South Governors Avenue, making it more commercial in character than it is today. It was Mr. Petrosky’s feeling that the property is no longer a viable residential location and requested Council to affirm the recommendation of the Planning Commission.
Mr. Tom Burns of Burns and Ellis Realtors, 490 N. DuPont Highway, representative of the seller of the property at 1052 South Governors Avenue, provided members a historical perspective of the property. He advised members that in 1962, Mr. Walt Ellis purchased the lands now known as Woodbrook Development from Mr. Robert Pippin. It was decided at that time, that the portion of this development being considered this evening, including the pond, was not suited for residential construction; therefore, this portion of the property was maintained by Mr. Pippin. Mr. Burns stated that, as the realtor for this property, he has had constant contact with adjacent property owners most impacted by the proposed development of the site, keeping them abreast of this matter. One of the present owners, Mrs. JoAnne Dickson, received the property as an heir of Mr. Pippin. He advised members that several other offers have been presented to Mrs. Dickson for the property; however, knowing how Mr. Pippin felt, she declined the offers strictly because of their proposed use. Mrs. Dickson has taken all precautionary measures to assure that the property is developed in such a manner that Mr. Pippin’s wishes were followed. He indicated that Mrs. Dickson has reviewed the proposed development and feels that it not only meets the needs of the City, but also would meet the desire for first class utilization of the property.
Mr. Burns also advised members that he was requested, as a real estate broker, to assist with the creation of the C-PO zoning classification and explained the purpose of the C-PO zone. He felt that the proposed development clearly meets the definition provided in the C-PO zoning classification to serve as a transition area between low, medium, and high intensity development. In his opinion, a critical point to the C-PO zone is the requirement of a site plan. He explained that virtually every other rezoning request must include a plot plan with a parameter survey, with no definition for the buildings. The C-PO zone justifiably requires a site plan review. He noted that there are no residents in attendance in opposition of the rezoning request, which could possibly be the result of providing such a site plan.
Council President Christiansen declared the hearing closed.
In regards to the issue concerning “split zoning”, Mr. DePrima stated that it is an obscure part of the zoning ordinance, which indicates that when there is a “split zone”, 30 feet of the more restrictive zone carries into the lesser restrictive zoned area. He explained that this could require an additional 30 foot setback for property development. He assured members that under either zone, the undeveloped area will remain due to the flood ordinances and the environmental impacts. Reiterating the desire to discourage “split zoning”, Mr. DePrima suggested that City Council consider rezoning the entire parcel.
Mr. Salters moved for approval of the rezoning request as recommended by the Planning Commission; however, the rezoning will include the entire property, consisting of 7.80+/- acres. The motion was seconded by Mrs. Malone and by a unanimous roll call vote (Mr. Lambert and Mr. Pitts absent), Council adopted the following ordinance: (The first reading of this ordinance was accomplished during the Council Meeting of June 28, 1999.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1052 S. GOVERNORS AVENUE.
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 R-10 (Single Family Residence) to C-PO (Commercial/Professional 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 has been amended by changing the zoning designation from R-10 to C-PO on property located at 1052 S. Governors Avenue, owned by Lucius M. and Joanne H. Dickson.
ADOPTED: August 9, 1999
PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 951 WHITE OAK ROAD - JAMES D. AND MARY MCGINNIS
A public hearing was duly advertised for this time and place to consider rezoning of property located at 951 White Oak Road, owned by James D. and Mary McGinnis, from C-PO (Commercial/Professional Office) to RG-2 (General Residence).
Planner's Review
The present C-PO zone permits offices, financial institutions, service agencies, medical and dental offices, and conditionally permits accessory laboratories, retail, and business services in office complexes, drive-in facilities, and residential uses. Generally these districts should promote superior development, prevent offices in mature residential neighborhoods, and serve as a transition area between low, medium, and high intensity development. Conditionally permitting planned senior housing developments.
The proposed RG-2 zone permits single family and two family dwellings, rooming houses for 5 (five) or less people, apartments (1 dwelling unit/1,700 sq. ft. of lot area) and conditionally permits planned senior housing developments, churches, schools, hospitals, funeral homes, philanthropic and charitable organizations, and membership clubs.
Surrounding Land Uses: To the north of the site is the White Oak Road Condominiums zoned RG-2. To the east are single family houses that front on Frear Drive zoned R-8 (Single Family). To the south and across White Oak Road are single family houses zoned R-8. To the east and across Halsey Road Extended is the Metro Food Market, which is a part of the Centre at Dover Shopping Center, zoned SC-2 (Community Shopping Center).
Comprehensive Plan: This parcel was rezoned in 1996 to conform to the recommendations of the Comprehensive Plan Update. Prior to 1996, it had been zoned C-4 (Highway Commercial). It was rezoned to C-PO to eliminate potential conflicts between the adjoining residential properties and uses that would be allowed in the Highway Commercial zones. The C-PO zone was recommended as a transition area between lower intensity single family properties and the higher intensity shopping center. Because it is our goal to minimize conflicting land uses, the General Residential Zone (RG-2) was not recommended because of the property’s close proximity to the Metro Food Market.
Except for the close proximity of the Metro Food Market, this site meets the other criteria for high density housing listed in the Comprehensive Plan, including: located on arterial road, proximity to other high density uses, and close proximity to Dover Park. However, the Comprehensive Plan also notes that we already have an adequate amount of land zoned for apartments.
Since the proposed rezoning is not recommended by the Comprehensive Plan, the rezoning could be reversed after one year if the construction does not occur.
Recommendation of the Planning Staff: The staff felt that this area was appropriately zoned in 1996, since adding residential uses next to a major food market can cause future conflicts. Unless the applicant can show some changes in circumstances or needs in the area that support high density zoning, staff feels it should remain C-PO.
During the public hearing held before the Planning Commission, the applicant gave an extensive presentation showing the growth of the area, the need for additional apartments and an oversupply of office buildings. He also provided information on how the traffic impact would be less for apartments than for professional offices. There was one resident that spoke at the public hearing, relaying support of the application.
The Planning Commission recommended approval of the rezoning request.
Correspondence
The City Clerk provided members with a copy of a petition received in opposition of the proposed rezoning from the residents of the Edgehill area. In accordance with 22 Del. C. §305, since more than 20% of the permitted area protested, approval of the zoning amendment requires a three-fourths vote of the legislative body.
Mr. Rodriguez confirmed that a three-fourths vote as required in accordance with 22 Del. C. §305, would not be affected by the absence of two (2) members and that a total of seven (7) affirmative votes would be required for passage.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Phillip McGinnis of McGinnis Commercial Real Estate Company, 555 E. Loockerman Street, provided an extensive presentation including newspaper articles and statistics regarding population, growth, and housing information. He explained that the presentation and information will justify that it would be appropriate to rezone the property from C-PO to RG-2. Sources for the statistics were Delaware Population Consortium, 1990 U.S. Census, Central Delaware Economic Development Council, and Legg Mason Realty. According to the statistics, Mr. McGinnis stated that household sizes are declining, resulting in a demand for smaller housing units and the larger, single family, detached housing units will be less desired since the household size is diminishing.
Mr. McGinnis explained that the proposed development is for an upscale project requiring high market rent and will provide deluxe amenities and features, including balconies, internet access, etc. He also noted the close proximity of leisure parks, a super market, a drug store, many restaurants, a home improvement supply store, a bus stop, etc., that are within walking distance. Mr. McGinnis included personal qualifications to provide members the assurance of his ability to successfully complete the project.
In accordance with an apartment density survey conducted, he advised members that low density would include seven (7) units per acre, average density would include 19 units per acre, and high density would include 39 units per acre. The proposed project would average 17½ units per acre. Mr. McGinnis referenced the Comprehensive Plan Goals and Policies, which indicated that “by 2020 the City may be approaching a full build-out scenario - a shortfall of 453 housing units. As the supply of vacant developable land is consumed, new development may be accommodated through a combination of rezonings, annexations, and the reuse of older structures”. Mr. McGinnis noted that the rental market survey indicates that there is a demand for apartment units. He stated that he plans to rent all units at an upper end market fee to tenants who qualify without public assistance of any type. No tenants with rental assistance will be permitted.
Mr. McGinnis provided members with an area zoning map depicting the surrounding neighborhood zoning classifications. The map indicates that there are other compatible land uses and high density zoning districts in the area, which should alleviate any concerns with regards to spot zoning. The requested zoning classification of RG-2 is not out of character with the neighborhood. He also included a graph providing zoning district comparison and noted that in the RG-2 zone, the maximum density permitted is 29 units and in the C-PO zone, 99,709 sq. ft. The proposed density for the project is for 20 units, consisting of 30,000 sq. ft.
Mr. McGinnis provided a traffic comparison graph which included information regarding traffic during the different times of the day for apartments, general office buildings, and medical/dental office buildings. He referred to the diagram depicting the layout for the proposed project and stated that he is planning a victorian, federal architecture type of building. He advised members
that access to the property will be from Halsey Road Extended. The property will be fenced for security with subtle lighting, and on-site passive recreation will be provided. There will be adequate parking available to deter on-street parking. Mr. McGinnis stated that he intends to include rules and regulations for the tenants to maintain a safe, peaceful living environment for not only the tenants at this property but for the neighbors as well.
In response to Mr. Salters’ concerns, Mr. McGinnis explained that for the last two (2) years, and projected for the future, the State of Delaware has been providing the Delaware State Housing Authority with monies from the budget surplus and 21st Century Fund to acquire land and apartments, duplexes, and single family housing to develop projects. It was his opinion that the number of market rental units is diminishing as they are converted to public assistance projects, which impedes those apartment dwellers searching for market rent housing.
Ms. Ruth Tee of 822 White Oak Road relayed her support of the rezoning request. She felt that the area currently consists of an adequate supply of office complexes and businesses and that all attempts should be made to maintain the area as residential. With the current zoning classification, Ms. Tee stated that a facility could be constructed to include office and residential uses. It was her feeling that the property should not be divided and should be zoned to eliminate that possibility.
Responding, Mr. DePrima clarified that residential uses on second and third floors in the C-PO zone would be permitted only as a conditional use and would require review and approval by the Planning Commission. He also referred to the comments of Mr. McGinnis in reference to the Comprehensive Plan Update information regarding the deficit in housing and stated that it was a 25 year projection. Mr. DePrima assured members that the Comprehensive Plan indicates that the City has sufficient property for all areas of required residential demands.
Council President Christiansen declared the hearing closed.
In response to Council President Christiansen, City Assessor Lucas stated that he reviewed the petition received in opposition of the proposed rezoning and calculated the percentage total of the area in protest, which is 34.6%. In accordance with 22 Del. C. §305, since more than 20% of the permitted area protested, the zoning amendment shall become effective with a 3/4 vote of the legislative body of the City of Dover.
Mr. Leary moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Carey and failed by a roll call vote of four (4) yes, three (3) no (Mr. Truitt, Mr. Salters, and Mr. Christiansen), and two (2) absent (Mr. Lambert and Mr. Pitts). When called upon for his vote, Mr. Truitt moved that the matter be tabled. A point of order was called by Council President Christiansen. He explained that a motion to table is not permitted once the taking of a vote on the main motion has begun.
Since the recommendation of the Planning Commission was not approved by Council, Council President Christiansen requested that those voting against the motion state, for the record, their reason for denying the request.
Mr. Truitt - stated that he voted to deny the rezoning request since he feels there are already too many apartment complexes in the vicinity and has concern for its potential negative impacts on the neighborhood. He also felt that since surrounding property owners submitted a petition, as a representative of the area, he must also consider their concerns in making decisions of this nature. He requested that it be noted that his vote to deny was made reluctantly; however, he could not vote in favor of the rezoning request due to those reasons stated.
Mr. Salters - stated that he voted to deny the rezoning request based upon the negative impact the proposed project could have with regards to additional traffic on East Loockerman Street. Since the City has been and is continuing to review the possibility of altering East Loockerman Street, he felt that the traffic concerns should be resolved before any action is taken that could place more of a burden on traffic in the area. Mr. Salters also relayed opposition to the placement of restrictions for potential tenants as proposed by Mr. McGinnis and, noting that other members of Council are absent, he felt that there was a good possibility that they too would have these same concerns.
Mr. Christiansen - stated that he voted to deny the rezoning request because of his belief in the integrity of the Comprehensive Plan, indicating that the property was rezoned in 1996 to conform to the recommendations of the Comprehensive Plan Update. He also noted that City Staff felt that this area was appropriately zoned in 1996, considering that residential uses next to a major food market can cause conflicts in the future.
Mr. Leary moved to take a five minute recess (9:20 p.m.), seconded by Mr. Salters and unanimously carried.
Council reconvened at 9:25 P.M.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on July 26, 1999 with Chairman Salters presiding.
Proposed Ordinances - Article 3, Section 20A - Creation of New Industrial Park Manufacturing Zone - Technology Center and Article 4, Section 4.16 - M, IPM Zones
The City has been working with Kent County, the Central Delaware Economic Development Council (CDEDC) and the State of Delaware Economic Development Office in developing a site for a major technology-employment center. In reviewing the City zoning ordinances, it was determined that the current industrial zone would permit such a project; however, it would not necessarily protect the site from undesirable uses that would not be labor intensive. In order to accommodate the proposed site, as well as other sites for such uses in the future, staff submitted a proposed ordinance that would create a new Industrial Park Manufacturing Zone - Technology Center (IPM2).
During the committee meeting, Mr. DePrima explained that the proposed IPM2 zone is similar to the IPM zone with the following changes:
1.Warehousing and storage uses have been removed as primary uses. The purpose of this is not to allow the selected site to become a warehousing complex that has very little employment.
2.Manufacturing of Plastics was removed from Prohibited Uses. A recent CDEDC Study indicates that Kent County should target plastic product manufacturers.
3.The words “technological processes” and “biotechnology” were added to the list of process and activities that would be permitted in the zone. These were added for clarification. The CDEDC Study also cites biotechnology as an activity that should be targeted in Kent County.
4.The lot area and lot width requirements were increased significantly to prevent encroachment of smaller companies. This zone is being created to accommodate a very large complex under the control of one company. Also removed from this zone is the ability to create an industrial park with private interior streets.
The Planning Commission recommended approval of the proposed amendments to create the new IPM2 zoning classification. It was noted that the City of Dover has made a rezoning application to place the Garrison Farm in this new zone.
During the committee meeting, Mr. O’Connor recommended that the 100 acre minimum lot area be reduced to 50 acres; however, he explained that there would be no need to change the lot width or depth minimums. Mr. DePrima relayed no objection to the proposal to reduce the 100 acre minimum to 50 acres, assuring members that it would provide adequate protection.
The committee recommended adoption of the proposed ordinance amendments as presented with the exception of the 100 acre minimum lot area being reduced to a 50 acre minimum lot area.
Mr. Salters moved for approval of the committee’s recommendation under consent agenda format, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mrs. Malone and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on July 26, 1999 with Chairwoman Malone presiding.
Request of Ronald L. Horton - Establishing a Speed Limit/Eliminating Motor Boat Horsepower Limitations (Section 15-97 of the Dover Code)
The committee considered a letter from Mr. Ronald L. Horton requesting that the City eliminate motor size as a requirement to operate a boat on Silver Lake and that a 35 mph speed limit be established for boaters using the lake. The City’s current regulations are as follows: 1) Maximum motor size - 115 horsepower; 2) Boat size - 18 feet in length; 3) No general speed limit during the day; 4 mph speed limit between sunrise and 10:00 a.m. (called no wake speed).
The request of Mr. Horton was forwarded to the Silver Lake Commission for their review and recommendation. The Commission recommended that the current regulations relating to the size of boats and boat motors allowed on Silver Lake not be changed. Staff recommended that the City accept the recommendation of the Silver Lake Commission.
In response to questions of the civilian members of the committee, Mr. Leary indicated that in considering this issue before, in addition to speed, there were other concerns regarding the environment, shoreline erosion, and noise. It was his recollection that the horsepower restrictions were instituted to address all issues of concerns and not just the issue regarding speed on the lake.
Considering that some members are new and may not be aware of previous discussions, Mrs. Malone requested that the City Clerk’s Office provide background information to civilian members of the Parks and Recreation Committee for their review.
Mr. Horton addressed committee members, indicating that, depending on the boat size, a 115 horsepower motor has the ability to travel 63 mph. He advised members that he recently purchased an 18 foot Bayliner, with a 120 horsepower motor. Mr. Horton noted that standard boat motors range from 115 to 150 horsepower and that Bayliner only provides a 90 horsepower motor or a 120 horsepower motor. He advised members that the majority of the ponds/lakes in the State of Delaware have no restrictions with regards to the size of boat motors but rather have a slow, no wake speed limit. Mr. Horton stated that there is no need to travel over a no wake speed limit in order to go fishing, which is what he wants to be able to use his boat for on Silver Lake. He requested that members consider eliminating the horsepower restrictions and establish a no wake speed limit on the lake. In response to the environmental and noise issues, Mr. Horton indicated that there have been many changes made to boat motors which alleviate pollution and noise levels.
The committee recommended no changes to the current regulations relating to size of boats and boat motors allowed on Silver Lake, as recommended by the Silver Lake Commission. (City Clerk’s Office Note: A meeting of the Silver Lake Commission has been scheduled for October 6, 1999 at 5:30 p.m. to discuss this matter further).
Mrs. Malone moved for approval of the committee’s recommendation under consent agenda format, seconded by Mr. Leary and unanimously carried.
Open Space Subcommittee Report
The Open Space Subcommittee met on July 29, 1999 with Chairwoman Malone presiding.
Request for Waiver - Payment in Lieu of Parkland - Klein Development Minor Subdivision (North Street)
Mr. Roy Klein of Klein Development Corporation submitted a request for waiver of the payment in lieu of parkland for the minor subdivision located on North Street. Article 5, Section 10.5 of the Dover Code provides for an exemption to recreation area and open space dedication requirements. However, in accordance with Subsection 10.511, residential developments with less than 5 acres of land and less than 10 dwelling units shall be required to provide a full cash donation in lieu of a dedication of land. It was determined that a waiver or reduction in the required payment could be granted since all land dedications, parklands, and/or payment in lieu of parkland must be presented to City Council for final review and approval.
Members of the committee were advised that the minor subdivision proposed by Mr. Klein qualifies for an exemption of the land donation due to the size of the property; however, payment in lieu of parkland in the amount of 10% of the value of the property is required. According to Mr. Lucas, City Assessor, the current value of the property is $54,000, which will require a $5,400 donation in lieu of parkland.
During the committee meeting, Mr. Klein advised members that by utilizing funding programs provided by the State of Delaware and the City of Dover, he is proposing the development of quality, affordable housing in the downtown area. According to the contract with the Delaware State Housing Authority, the maximum amount that can be charged for the homes is $85,900. The Dover First Start Program will provide $5,000 to the home-buyer to assist in the down payment or closing costs. There are no sales commissions involved in the marketing of the properties. He assured members that Klein Development is only recovering overhead costs for this project and that no sales commissions, impact fees, or open space fees were included in the budget. Since they are operating under such tight financial constraints, Mr. Klein requested a waiver of the payment in lieu of parkland.
Mrs. Malone felt that since the property was not large enough to provide open space, that those City-owned recreational areas and services located downtown would be impacted by additional users from the subdivision. Although she supports downtown revitalization and this project, she does not support a waiver of the $5,400 since that money would be used for the creation and maintenance of recreational areas.
Mr. DePrima reminded members that the City has been encouraging construction of detached, single-family housing. In cooperation with the City, Mr. Klein, who originally planned to construct five townhouses on this lot, agreed to build detached, single-family homes.
After discussion this matter at length, members suggested that the $5,000 available through the First Start Program be increased to $6,350 to allow for the inclusion of the payment in lieu of the parkland fee.
The committee recommended denial of the request of Mr. Klein for waiver of payment in lieu of parkland for the minor subdivision located on North Street and that a cash donation, in the amount of $5,400, be made as payment in lieu of parkland.
Mrs. Malone moved for approval of the committee’s recommendation, seconded by Mr. Truitt.
Responding to Mr. Leary, Mrs. Malone explained that because of the size of the subdivision, it qualifies for an exemption from the recreation area and open space dedication requirements but not from the cash donation in lieu of a dedication of land. Mrs. Green further explained that in accordance with Section 10.7, all areas planned for public dedication or cash donations are subject to final review and approval by City Council. Taking this into consideration, Council has the authority to grant exemptions from the required open space dedications and/or cash donations - by not approving a recommendation for open space dedications and/or cash donations, theoretically, the requirement of such would be waived.
Although he supports the requirements of the open space dedications and/or cash donations, Mr. Leary felt that the request of Mr. Klein for waiver of the payment in lieu of parkland should be granted. He explained that the proposed subdivision would be bringing housing to an area where there is a need.
Responding, Mr. O’Connor stated that Mr. Klein was very receptive to the committee’s recommendation that the amount for the First Start Program be increased to allow for the inclusion of the payment in lieu of the parkland fee. He assured members that staff would assist Mr. Klein in obtaining additional funds to be provided to the buyer and allow for an inclusion of the payment in lieu of parkland at closing.
Mr. Salters explained that potential buyers of these housing units will probably qualify for loan money and may acquire additional funds from other agencies. He stated that a buyer could conceivably move into the house without having to have put forth any money. This will allow the buyer to pay Mr. Klein any money that he may be required to charge to recoup his investment.
The motion to deny the request of Mr. Klein for waiver of payment in lieu of parkland for the minor subdivision located on North Street, and that a cash donation in the amount of $5,400 be made as payment in lieu of parkland was carried by a unanimous roll call vote (Mr. Lambert and Mr. Pitts absent).
Mrs. Malone moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Carey and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on July 26, 1999 with Chairman Lambert presiding.
Bid Extensions
In accordance with City policy, bids that exceed $25,000 require Council approval. Staff advised members that there are instances when blanket bids are utilized for various jobs. Many of these jobs do not exceed $25,000 and, therefore do not require Council approval. However, since the total of the various jobs could exceed $25,000, the Finance Director/Treasurer and City Manager felt that the bids should be presented to Council for official approval. This would also allow for the possibility of a job exceeding $25,000. Members were advised that bids were received for fiscal year 1998/1999 for various jobs that did not exceed $25,000 that included a bid extension option. Although no single job has exceeded $25,000 in the past, since there is the possibility that some may exceed $25,000, or since the total of the various jobs could exceed $25,000, at this time staff requested approval of the bid extensions as follows:
Concrete Contract
Various departments utilize concrete for projects and maintenance work throughout the year. The City currently has a bid with Wyoming Concrete for the purchase of all concrete mixes. Bids were originally sent to two (2) vendors Atlantic Concrete and Wyoming Concrete. The sole bid was received from Wyoming Concrete. Although this bid originally expired March 31, 1999, it included an option to renew for an additional two (2) years. A summary (as on file in the Office of the City Clerk) of the price per cubic yard for the concrete mixes was provided.
Although the Public Works and Electric Departments are the primary users of this bid, it is available for all departments. Funding for use of this service is provided in each department’s budget.
Staff recommended that the concrete contract extension for the period of July 1, 1999 through June 30, 2001 be awarded to Wyoming Concrete as indicated on the bid summary.
The committee recommended approval of staff’s recommendation.
Crusher Run, Type “C” Select Borrow, and #57 Delaware Stone
Crusher Run, Type “C” Select Borrow, and #57 Delaware Stone are used for various projects throughout the year. Bids were originally received from D.M. Stoltzfus & Son of Talmage, Pennsylvania and Tilcon of Delaware. Staff analyzed the bids (as on file in the Office of the City Clerk) and, based on the location of the vendor and the flexibility and convenience afforded by their location, the contract was awarded to Tilcon. Although this bid originally expired June 30, 1999, it included an option to renew for an additional two (2) years.
Although the Public Works and Electric Departments are the primary users of this bid, it is available for all departments. Funding for use of this service is provided in each department’s budget.
Staff recommended that the bid for Crusher Run, Type “C” Select Borrow, and #57 Delaware Stone be awarded to Tilcon of Delaware for the period of July 1, 1999 through June 30, 2001.
The committee recommended approval of staff’s recommendation.
Electric Department Projects - Concrete Forming, Re-barring, Pouring of Concrete and All Associated Work; Wire Pulling, Installation of Raceways, Conduit, Switch Gear, and Associated Equipment, Hand Work and Miscellaneous Labor
There are instances when the Electric Department requires assistance with concrete work for various projects throughout the year, including poles, transformer pads, and substations. Bids were originally received from Satterfield & Ryan - Harrington, Delaware; Fry Electrical Contractor - West Chester, Pennsylvania; and Kriss Contracting - Hartly, Delaware. Staff analyzed the bids and, based on the low bid, awarded the contract to Satterfield & Ryan. Although this bid originally expired June 30, 1999, it included an option to renew for an additional two (2) years.
The Electric Department is the primary user of this bid and funding is available in the department’s budget. Although no single job exceeded $25,000 last fiscal year, it is estimated that $50,000 will be expended in each of the next two (2) fiscal years.
Staff recommended that the bid for Concrete Forming, Re-barring, Pouring of Concrete and All Associated Work; Wire Pulling, Installation of Raceways, Conduit, Switch Gear and Associated Equipment, Hand Work and Miscellaneous Labor be awarded to Satterfield & Ryan, Inc., for the period of July 1, 1999 through June 30, 2001.
Mr. Nichols relayed concerns regarding concrete work being awarded to an electric company. Responding, Mr. O’Connor concurred that Satterfield & Ryan, Inc. does not perform concrete work. He explained, however, that there are projects that require both concrete and electrical work and that, in order to avoid any types of delays, the electric company will subcontract their required concrete work.
The committee recommended approval of staff’s recommendation.
Electric Department Projects - Lineman, Groundhand/Laborer, Lineman and Bucket Truck, and Lineman and Line Truck
There are instances that the Electric Department requires assistance of outside crews and equipment for various projects throughout the year. Bids were originally received from Fry Electrical Contractor - West Chester, Pennsylvania, and Kriss Contracting - Hartly, Delaware. Staff analyzed the bids and, based on the low bid, awarded the contract to Fry Electrical Contractor. Although this bid originally expired June 30, 1999, it included an option to renew for an additional two (2) years.