REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 26, 1998 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.
The invocation was given by Councilman Salters, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Leary requested the addition of item #7, General Comments. Mrs. Malone moved for approval of the agenda as amended, seconded by Mr. Carey and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 12, 1998
The Minutes of the Regular Council Meeting of January 12, 1998 were unanimously approved by motion of Mr. Salters, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on January 12, 1998 with Chairman Salters presiding.
Proposed Planned Neighborhood (Senior Housing Option) - Capitol Place - Assisted Living Community
The Harbor Management Services Company has proposed an Assisted Living Facility for senior citizens on a 13.37+/- acre property located on the north side of Walker Road, east of Capitol Nursing Home. The property is currently zoned R-8 (Single Family Detached Residential).
The developers are seeking approval under the new “Planned Neighborhood Design Senior Housing Option” ordinance which was recently adopted by City Council. Mr. DePrima, City Planner, indicated that this is the first proposal being considered under the new “Senior Housing Option” of the Planned Neighborhood Design section of the zoning ordinance, which requires a three-step review and approval process. In the first step, the developer shall meet with City Council and present a general sketch plan. Council would then determine whether the proposed project is of such a design and type that is warrants further review by the Planning Commission. The second and third steps are more detailed conditional use and subdivision hearings before the Planning Commission.
Mr. DePrima explained that the “Senior Housing Option” was intended to encourage housing for senior citizens by allowing senior housing in nearly all zones through the “conditional use” process. The features of this proposal are as follows:
1. Open Space - The project far exceeds the 25% open space requirement by offering 80% open space. Recreation details have not been provided, but the project will be required to meet the age oriented recreation activities standards with the ordinance.
2. Density - The project currently proposes 67 dwelling units for approximately 81 residents within a single 55,539 sq. ft. building.
3. Unit Mix - The facility will hold a combination of 10 semi-private units, 28 studio units, 24 single bedroom units, and 4 two bedroom units. Some units are being set aside for residents with early stages of Alzheimer Disease.
4. Privacy/Buffers - The project is set back over 300' from Walker Road, and is buffered from the Hamlet Subdivision by over 200' of open space along the eastern boundary. Because the proposed developers are the owners and operators of the neighboring Capitol Nursing Home, it will have less buffering on the eastern boundary, and in fact, will be linked by a shared access way.
Mr. DePrima advised members that an assisted living facility is not a nursing home, but is similar to a nursing home/apartment complex. He stated that it is utilized by senior citizens and that there is some nursing administered on the premises.
Mr. Scott Morris, Project Developer for Harbor Management Services Company, addressed members of the committee indicating that if someone were to fall and hurt themselves, then they can be transported from one facility to the other. He indicated that an assisted living facility is actually closer to a typical apartment complex and the only nursing care generally provided is emergency care and assistance to senior citizens in their early stages of Alzheimer Disease.
Mr. Morris indicated that Alzheimer units are secured from the rest of the facility and would operate as an independent unit, separate from the assisted living units. He stated that assisted living senior citizens will be more active, in that they can come and go as they please; however, those in the Alzheimer unit would be restricted to their unit. Once a resident gets beyond a certain stage of the Alzheimer Disease, the resident is moved to a nursing facility.
The committee recommended that the proposed Assisted Living Facility - Capitol Place, be referred to the Planning Commission for further review.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone and unanimously carried.
Fire Prevention and Protection Code - Proposed Amendments
Mr. DePrima explained that the proposed amendments to Chapter 7, Fire Prevention and Protection of the City of Dover ordinances were developed by the Fire Marshal in conjunction with the Fire Safety Standards Committee. He explained that the proposed amendments deal with a broad array of issues including: further defining the responsibilities of the Fire Marshal, regulating the display of merchandise in discharge areas, making violations of State Fire Regulations a City offense, establishing responsibilities for repairing impaired fire protection equipment, and requiring secured key systems in large commercial buildings.
Mr. DePrima stated that the proposed amendment, Requirements for a Secured Key System, will establish that all buildings with smoke or sprinkler alarms be required to have a secured key box system that the Fire Department will have a master key for access. He indicated that within the secured key box are keys which will enable the Fire Department to access the building. This amendment would relieve the need of force entry or to wait for the owner or tenant to arrive and open the building. Although the key boxes are durably constructed, to prevent vandalism, they are also located in such a manner that they are very rarely even noticed. The only individuals that would have knowledge as to the location of the key box would be the Fire Marshal and the individuals that operate the building.
Mr. DePrima advised members that several years ago, a Memorandum of Understanding was drafted between the Fire Marshal’s Office and the Police Department which outlined each of their responsibilities in a fire investigation and at what point it is handled by the Police Department for criminal investigation. Mr. DePrima indicated that this amendment will further outline the role and responsibilities of the City of Dover Fire Marshal with respect to the investigation of fires and explosions, as well as the role and responsibilities of the Police Department in working with the Fire Marshal.
The committee recommended approval of the proposed amendments to Chapter 7 of the City of Dover Fire Prevention and Protection Code.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinances will take place during the latter part of the meeting).
Proposed Amendments to Chapter 13, Motor Vehicles and Traffic - Section 13-42, Handicapped Persons’ Parking Areas
Mr. DePrima stated that the proposed amendment to Section 13-42 of the Dover Code was requested and developed in conjunction with the Dover Police Department to set forth standards for handicapped persons’ parking areas. He stated that the new section would bring the City Code into conformance with State laws regulating handicapped parking by clearly setting forth the required height, size, and text of handicap parking zone signs, and by establishing the meaning of a “vehicle of the handicapped”.
The proposed amendment will also set forth the enforcement powers and required fines. It was noted that the City of Dover Police Department has experienced difficulty with enforcing handicap parking because the signs do not conform to State law. The proposed amendment requires owners/lease holders of parking lots with handicap spaces to make those spaces conform with the City Code so that enforcement can take place.
Mr. DePrima indicated that this amendment will require owners of existing buildings to re-mark their handicapped parking spaces properly. He stated that it would be the responsibility of the property owner to replace a sign that is removed or taken down; however, any handicap signs that are located on the street would be the responsibility of the City.
Mrs. Malone suggested that the City monitor businesses to ensure that handicapped parking spaces are clearly and properly marked. She stated that several tickets have been issued; however, some individuals were not required to pay the fine because the area was improperly marked. Mr. DePrima offered to assist the Police Department in locating those areas that are improperly marked.
Mr. Lambert stated that the City has the authority to issue citations to individuals that park in fire lanes, but questioned who has the authority to issue citations on private property for handicap parking. Mr. DePrima indicated that this State law enables enforcement on private property. He also stated that language was added to the proposed ordinance indicating that owners/lease holders of private property designated as a handicapped parking zone, be required to conspicuously mark such zones. If an individual violates this section, they shall be fined not less than $50 or more than $100.
Mr. Truitt asked if a summons can be issued, even if a vehicle is attended by another party and the vehicle is not clearly marked “handicap”. Mayor Hutchison stated that the individual would be in violation whether the vehicle is attended or unattended if the vehicle is not clearly marked “handicap”. Mr. DePrima stated that if the vehicle is attended, the officer may simply hand the summons to that individual. Mr. Salters asked Mr. DePrima to consider modifying this section if needed.
The committee recommended approval of the proposed amendments to Chapter 13, Motor Vehicles and Traffic, of the Dover Code.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee’s recommendation, 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.
UTILITY COMMITTEE REPORT
The Utility Committee met on January 12, 1998 with Chairman Lambert presiding.
Municipal Utility Line Clearance & Tree Removal Contract
In previous years, the City Electric Department has contracted back yard tree trimming work to private contractors in order to keep the trees away from the power lines. Back yard climbing work is very time consuming, and a private tree trimming crew can be assigned to specific problem areas. City crews have to address problems throughout the entire electric system.
Bids were advertised to furnish all necessary equipment, machinery, supplies, tools, apparatus, means of transportation, and labor necessary to perform utility tree clearance work in full and in complete accordance with the satisfaction of the Electric Department. The bids were let as follows: (1) on the basis of time and materials and the qualifications of the bidder to perform the work; (2) the quantity of work is dependent upon the needs of the City and the funds allocated for this purpose; and (3) the terms of the contract are 36 months with each 12-month period bid separately.
Asplundh Tree Expert Company was the only company to submit a bid. The bid packet requested hourly rates for a three person climbing crew and a three person aerial lift crew. The aerial lift crew would be a climbing crew with the flexibility of operating an aerial lift truck when needed. The rates from Asplundh Tree Expert Company are as follows:
CREW CURRENT 1998 1999 2000
Three Person Climbing Crew/hr. $48.38 $51.17 $52.12 $53.17
Three Person Aerial Lift Crew/hr. $52.88 $55.67 $56.67 $57.80
The bid packet also requested hourly rates for emergency work if severe winds, ice storms, or other conditions require emergency assistance. The rates from Asplundh Tree Expert Company are as follows:
CREW CURRENT 1998 1999 2000
Three Person Climbing Crew/hr. $65.35 $68.53 $69.82 $71.24
Three Person Aerial Lift Crew/hr. $69.85 $73.03 $74.37 $75.87
The rates reflect a 5% increase in the first year and a 2% increase for subsequent years. Mr. O’Connor informed members that the contract could be terminated at the end of any twelve-month period. It was noted that the City has been utilizing Asplundh Tree Expert Company for several years and that they assisted the City during the severe ice storm in 1995.
The committee recommended awarding the contract to Asplundh Tree Expert Company at the prices as quoted.
Mr. Lambert moved for approval of the committee’s recommendation, 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.
MONTHLY REPORTS - DECEMBER 1997
By motion of Mr. Carey, seconded by Mr. Leary, the following monthly reports were accepted for December 1997:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Assessor Report
City Clerk/Alderman Report (Fines)
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
Mr. Lambert referred to the City Manager’s Report, noting that the number of electricity outages decreased 87.2% in 1997 compared to 1996 - from 29,789 in 1996 to 3,810 in 1997. He stated that although a significant number of the outages included in 1996 was due to the DP&L tragedy, this reduction is also due to the efforts of the City Manager and our Electric Department and commended them for this accomplishment.
Mr. Leary moved for approval of the City Manager’s Report, seconded by Mrs. Malone and unanimously carried.
REZONING REQUEST - 1207, 1209, 1211, 1213, 1215 AND 1217 COLLEGE PARK DRIVE - BAY DEVELOPERS, INC.
A request was received to rezone properties located at 1207, 1209, 1211, 1213, 1215 and 1217 College Park Drive, owned by Bay Developers, Inc. The properties are currently zoned IPM (Industrial Park Manufacturing) and the requested zoning is C/PO (Commercial/Professional Office).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Leary, seconded by Mr. Salters, Council unanimously referred the request to the Planning Commission and set a public hearing for March 9, 1998 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 PROPERTIES LOCATED AT 1207, 1209, 1211, 1213, 1215 AND 1217 COLLEGE PARK DRIVE.
FIRST READING - PROPOSED ORDINANCES
Mr. Carey moved to waive the reading of the proposed ordinances before Council, seconded by Mrs. Malone and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk’s Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of February 9, 1998.
CHAPTER 7
► ART. III, SECTION 7-59 - FIRE MARSHAL
► ART. I, SECTION 7-1 - MEANS OF EGRESS, SUBSECTION (e)
► ART. I, SECTION 7-2 - OBEDIENCE TO STATE FIRE AND SAFETY LAWS AND REGULATIONS
► ART. I, SECTION 7-3 - IMPAIRMENT OF FIRE PROTECTION EQUIPMENT, PROHIBITED
► ART. III, SECTION 7-62 - SMOKE DETECTION DEVICES AND SECURED KEY SYSTEMS, REQUIREMENTS
CHAPTER 13
► ART. I, SECTION 13-42 - HANDICAPPED PERSON’S PARKING AREAS
GENERAL COMMENTS (COUNCILMAN LEARY)
Mr. Leary noted that Council President Christiansen recently completed a two (2) year term as the President of the Delaware League of Local Governments and commended him for an outstanding job. He also congratulated Chief Faulkner on his recent election as President of the Delaware Police Chief’s Association.
Mr. Leary moved to adjourn, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 7:48 P.M.
JANICE C. GREEN
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of January 26, 1998, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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