REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 13, 2000 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. McGlumphy, Mr. Gorman, Mr. Truitt, Mrs. Malone, Mr. Salters, and Mr. Weller. Mr. Pitts and Mr. Carey were absent.
Council staff members present were Captain Claveloux, Mr. Cooper, Mr. O'Connor, Mr. DePrima, Mrs. Mitchell, 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 Chaplain Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone moved for approval of the agenda, seconded by Mr. Weller and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 23, 2000
The Minutes of the Regular Council Meeting of October 23, 2000 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Gorman and bore the written approval of Mayor Hutchison.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 632 NORTH DUPONT HIGHWAY, OWNED BY NORTH SILVER LAKE, LLC
A public hearing was duly advertised for this time and place to consider rezoning of property located 632 North DuPont Highway, owned by North Silver Lake, LLC. The property is currently zoned C-1A (Limited Commercial) and the proposed zoning is RG-3 (Group Housing).
Planner's Review
The present zoning of C-1A permits retail stores and service establishments, single family and two family residences, banks, and offices. The zone excludes excessive traffic generating uses, service stations and drive-in uses. Planned senior housing developments would be conditionally permitted. The property is currently used for residential purposes.
The proposed zoning of RG-3 permits single family and two family dwellings, rooming houses for five (5) or less people, townhouses, and row houses for single family dwellings. Permitted conditionally are: planned senior housing developments, churches, schools, hospitals, funeral homes, philanthropic and charitable organizations, and membership clubs. The proposed use of the property is for residential.
The recommendation of the Planning Commission is approval. In taking this position, the Commission considered the following points:
Surrounding Land Uses: To the north of the site are townhouses in the Overlook at Silver Lake Residential Subdivision zoned RG-3. To the northeast is the LePore’s Liquors zoned C-4 (Highway Commercial), which was recently approved for the location of a new hotel. To the immediate west is the remaining portion of the property zoned C-1A, which is vacant and was recently approved for construction of a new liquor store. To the west and across Route 13 are various commercial properties (El Sombrero, Dover Bowl, Harrington Plaza). To the south of the property are residential properties fronting on Route 13 that are zoned C-1A.
Comprehensive Plan: The Comprehensive Plan designates this portion of the parcel proposed for RG-3 zoning for residential uses, while the front portion, which was recently approved for subdivision, is designated for commercial uses.
Other Considerations: This parcel was recently approved for subdivision with the intent of incorporating this parcel into the Overlook on Silver Lake Residential Development. While the front parcel was approved for a commercial development consisting of a new hotel (where the liquor store is currently located) and a new liquor store immediately south of the hotel on land that is currently vacant.
Mr. DePrima advised members that the parcel was previously zoned RG-3 and that in 1996 it was rezoned to C-1A to comply with the Comprehensive Plan recommendation designating the land along the highway for commercial uses. This was done even though the Comprehensive Plan designates the rear parcel for residential uses. Splitting single parcels into two (2) different zoning categories was discouraged; therefore, this portion was also rezoned to C-1A since it was viewed as being subordinate to the highway designation.
Recommendation of Planning Staff: Considering that the proposal is consistent with the Comprehensive Plan and it is compatible with most of the surrounding land uses, staff recommended approval of the rezoning.
Responding to Mr. Weller, Mr. DePrima stated that the site is situated on the corner of Venue Drive and Overlook Place. Although at this time, access to the site could be gained from the highway, once the property is subdivided, the only access will be from the subdivision. Mr. DePrima explained that the parcel proposed for rezoning is residual property that will be sold to the developers of the Overlook to be incorporated into the residential development. The front portion of the property located on Route 13 has been approved for the proposed hotel.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Jeff Harmon, Scott Engineering, addressed members on behalf of the property owners, indicating concurrence with all DAC comments. He stated that there are upgrades currently being done to the existing home and that it is the owner’s intent to maintain the current dwelling although the rezoning would permit three (3) townhouses. Mr. Harmon assured members that no new construction is being proposed at this time.
There being no one else present wishing to speak in favor of or against the proposed rezoning, Council President Christiansen declared the hearing closed.
Mrs. Malone moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote (Mr. Pitts and Mr. Carey absent), Council adopted the following ordinance: (The first reading of this ordinance was accomplished during the Council Meeting of September 25, 2000.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 632 NORTH 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-1A (Limited Commercial) to RG-3 (Group Housing).
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-1A to RG-3 on that property located at 632 North DuPont Highway, owned by North Silver Lake, LLC.
ADOPTED: November 13, 2000
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on October 23, 2000 with Chairman Salters presiding.
Purchase of Police Mobile Data Terminals (MDTs)
The Police Department received a State Grant for the purchase of ten (10) additional Mobile Data Terminals. These terminals are acquired through a State Grant for installation in patrol cars to provide access to the Department’s Computer Aided Dispatch System, the Records Maintenance System, and the statewide DELJIS System.
The previous MDTs were purchased from American Reliance of Arcadia, California (AMREL). Due to recent difficulties with the AMREL brand of MDTs, staff recommended the purchase of ten (10) Panasonic MDTs from CE Computers of Georgetown, Delaware, at a cost of $69,760 (10 @ $6,976 each). Although this particular item is not listed on the State Contract, CE Computers is one of the State’s Contract Vendors for computer equipment. Delivery of the equipment is expected 30 days after placing the order and the equipment operable within 30 days of receipt.
Chief Faulkner advised members that the Police Department received funding in the amount of $194,297, through the Delaware Department of Public Safety’s Local Law Enforcement Technology Grant Program which approves funding for this purchase.
The committee recommended approval of the purchase of ten (10) Panasonic Mobile Data Terminals from CE Computers, at a price of $69,760, as recommended by staff.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Pitts and Mr. Carey absent).
Replacement of Vehicle #750 - Material Handling Aerial Truck
Staff solicited bids for a Material Handling Aerial Truck, a Posi-Plus 500-55-AE-E68 with a Telelect ST7070 aerial device, to replace the current 1991 tandem chassis (Vehicle #750). The following bids were received:
Vendor Cost
Baker Equipment (Richmond, VA) $174,732 with trade
Altec Industries (Plains, PA) $160,353 with trade
Although Altec Industries was the apparent low bidder, staff explained that there were several differences between the bids: The Altec boom has an outside diameter of 12” x 12” with a 150” clear insulated break while Baker’s boom is 13½” x 11½” with a 202” clear insulated break. This is a critical difference in the boom design that makes Baker’s stronger, providing better protection for employees. Also, since Baker’s lower boom is the same design as the top boom, with a thickness of 1¾”, and Altec’s lower boom is 1½” thick, Baker’s lower boom is much stronger. There are other capabilities of the Baker’s equipment that supercedes that of Altec, including boom rotation and elevation.
The committee recommended approval of the purchase of the Material Handling Aerial Truck from Baker Equipment in the amount of $174,732, with trade, as recommended by staff.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone.
Since the committee meeting, Mrs. Mitchell, Finance Director/Treasurer, provided an analysis on leasing versus purchasing the proposed vehicle. In summary, the analysis indicates a cash outflow difference of $8,324 in favor of leasing this replacement vehicle. Information regarding the conditions of the lease and the assumptions used in developing the analysis were provided to members. Mrs. Mitchell also indicated that depreciation and taxes are not a factor in the analysis since the City is a governmental unit and not subject to federal or state taxes. Since the lease would be considered a capital lease, the vehicle would be listed as an asset as well as a liability for the lease payments on the financial statement for the Electric Revenue Fund.
Mr. McGlumphy complimented Mrs. Mitchell on the excellent analysis that was provided regarding this matter, feeling that this type of action will assist the City in saving funds. Since the motion authorizes the purchase of the vehicle, he questioned if members would consider leasing the vehicle.
Responding, Mr. O’Connor stated that although the motion is to purchase the vehicle, it was staff’s intent to have it accomplished through the lease option. Clarifying the matter, he explained that the City would enter into a lease/purchase agreement with Baker Equipment rather than purchasing the vehicle for $174,732.
After discussing this matter at length, Mr. Salters agreed to amend the original motion by approving a capital lease to acquire the Material Handling Aerial Truck (Vehicle #750) from Baker Equipment, as did Mrs. Malone her second.
On a call for the question by Mr. Salters, the motion, as amended, approving the capital lease to acquire the Material Handling Aerial Truck from Baker Equipment in accordance with the Lease Analysis conducted by staff, was carried by a unanimous roll call vote (Mr. Pitts and Mr. Carey absent).
Proposed Ordinance Amendment - Suspension of Public Occupancy Permits
The City Planner, Mr. DePrima, presented ordinance amendments that would give the City’s licensing officer authority to suspend permits of public occupancies when it “is so inimical to the public health, safety, and welfare as to constitute a nuisance and thus give rise to an emergency.” He explained that this is the same language that is found in the business license code. The current public occupancy regulations only allow suspension by the Fire Marshal when there is a violation of a fire related code. Therefore, a permit cannot be revoked when a public nuisance is occurring on the premises of a public occupancy. The types of uses that require a Public Occupancy Permit include: churches, civic auditoriums, clubhouses, hospitals, schools, theaters, public office buildings, and outdoor public events.
The committee recommended adoption of the ordinance amending Sections 7-70 - Suspension and 7-71 - Appeals, of Chapter 7, Article IV - Fire Prevention: Public Occupancies, of the Dover Code, as recommended by staff.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. McGlumphy and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Discussion - Letter from Mr. Ron Harmon Regarding Parking Space Requirements for Mini-Storage/Warehouses
Mr. Ron Harmon, Owner/Manager of New Burton Mini-Storage, Inc., located at 1429 New Burton Road, submitted a letter requesting relief from the parking requirements for the zoning classification (C-3) as they relate to mini-storage businesses. He felt that mini-storage businesses are different from most businesses designated for the C-3 zoning classification in regards to parking. Customers who rent storage space at this type of business do not require traditional parking spaces since they park only for a short period of time and not on a regular basis.
Concurring with the idea, Mr. DePrima stated that staff developed a proposed zoning text amendment that would change the parking requirement for mini-warehouses and presented it to the Planning Commission for their review and recommendation. The Planning Commission would
not support the proposed amendment without considering all the design requirements for mini-warehouses, including buffering, screening, setbacks, etc. He explained that this would create a substantial amount of work for staff and, considering staff’s current projects that have priority, this matter may not be completed for consideration until next year.
After being advised of this action, Mr. Harmon contacted several members of Council for their assistance. Mr. DePrima felt that at the direction of Council, the Planning Commission would review the matter and make a recommendation to the Legislative and Finance Committee who would then review it and make a recommendation to Council rather than having the matter referred back to staff, as requested by the Planning Commission.
During the committee meeting, Mr. DePrima explained that any change to the ordinance would affect all mini-warehouse facilities. It was his feeling that the Planning Commission desired to have all mini-warehouse facilities in the City and some in the County reviewed to formulate a more comprehensive evaluation and recommendation. He explained that members of the Planning Commission felt uncomfortable changing parking only without consideration of other aspects. He reminded members that although Mr. Harmon manages and operates his facility with high standards, an ordinance amendment would affect all mini-warehouse facilities that are located in the City, including those that may not maintain such top-notch facilities.
There was no further action taken by the committee regarding this matter.
Mr. Salters moved, by consent agenda, that no further action be taken regarding this matter, seconded by Mr. McGlumphy and carried with Mr. Weller voting no.
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 October 23, 2000 with Chairwoman Malone presiding.
Land Dedication Request - Intersection of Loockerman and Forest Streets (William Lee Holden, Sr.)
Members considered the request of Mr. William Holden, III, for the City to dedicate the “Y” area at the intersection of Loockerman and Forest Streets to his grandfather, Mr. William Lee Holden, Sr. Mr. Holden was the developer of Westwood Place and the dedication would be to honor his achievements as a businessman and his lifelong dedication to the City of Dover. Although the property is owned by the State, it is maintained by the City. Mr. O’Connor stated that he has not contacted the State regarding this matter but would anticipate no problem with the installation of a small sign around the flower beds. It was noted that the City would be responsible for the costs of the sign and its installation.
During the committee meeting, it was suggested that the signage include a listing of Mr. Holden’s accomplishments and that consideration be given to having the accomplishments listed on a stone marker rather than being included on the sign. It was noted that the land area is not easily accessible to pedestrians and felt that a stone marker would not suffice in this area. After much discussion regarding these concerns, members felt that staff could work out the specifics regarding this matter.
Responding, Mr. O’Connor explained that upon approval of the land dedication by Council, staff will meet with Mr. Holden’s family members to determine the specifics regarding the dedication, including signage, etc.
The committee recommended approval of the dedication of land located at the intersection of Loockerman and Forest Streets to William Lee Holden, Sr., as requested, and that the City Manager be authorized to work with the family in bringing the dedication to fruition.
Mrs. Malone moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Salters and unanimously carried.
Update - Dover Regional Recreation and Sports Facility at Schutte Park
General Fred Vetter addressed members to provide an update on the Dover Regional Recreation and Sports Facility at Schutte Park. He stated that the Dover Recreational Facilities Committee (DRFC) recently established several sub-committees to assist in handling the many tasks necessary to prepare for the construction of the facility and to hold the upcoming referendum. A committee was recently established for marketing purposes; informing and educating the public regarding the project.
General Vetter advised members that a marketing manager has been hired and a plan has been developed to provide information to the community regarding the Schutte Center, which is the name to be used as a common means of referring to this project. In addition, a grant writer has been hired who has prepared a list of foundations and fund granting organizations to contact for assistance. The grant writer has begun working on another list consisting of federal and private agencies that would be likely to assist with the Schutte Center.
Several members complimented the new signage erected in the City regarding the progress of this project. Mrs. Malone stated that updates regarding the Schutte Center will be made to members on a monthly basis and made the following statement, requesting that it be made a part of the record:
“September the 14th, 2000, we received a response from Sandra Downs (Business Manager for Capital School District) responding to the City’s request for two (2) rental locations for the Summer Playground Program during the calendar year 2001. She is sorry to inform us that the facilities at North Elementary and William Henry Middle Schools will be unavailable due to the district-wide construction project.”
Considering this, Mrs. Malone suggested that staff be directed to look into the possibility of utilizing the Modern Maturity Center for the Super Summer Playground Program.
No further action was taken by the committee.
Mrs. Malone moved to accept the update by consent agenda, seconded by Mr. Salters and unanimously carried.
As directed by Council, Council President Christiansen announced the formation of the Schutte Center Fund Raising Committee and that an organizational meeting was recently held. He assured members that these individuals are dedicated to assisting the City in blending public and private funding to bring the Schutte Center Project to fruition. Members of the Schutte Center Fund Raising Committee are as follows:
Dr. Jerry Abrams (Co-Chair) Mr. George Chabbott
Mrs. Cynthia Christiansen Ms. Mary Davis
Mr. Jose Echeverri (Chairman) Mr. Ronald Graeber
Ms. Emily Morris Mr. David Reed
Mrs. Mary Jane Richter Mrs. Trish Rodriguez
Ms. Debbie Simonson (Secretary) Mr. William C. Torbert, Jr.
Mr. Sherman Townsend Mr. Cecil Wilson
Mrs. Malone moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Salters and unanimously carried.
FIRST READING - PROPOSED ORDINANCES
Mr. Weller 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 November 27, 2000.
Mr. Weller moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mrs. Malone and unanimously carried:
CHAPTER 7 - FIRE PREVENTION AND PROTECTION, ARTICLE IV - FIRE PREVENTION: PUBLIC OCCUPANCIES, SECTION 7-70 - SUSPENSION AND SECTION 7-71 - APPEALS
Mrs. Malone moved for adjournment, seconded by Mr. Weller and unanimously carried.
Meeting Adjourned at 7:55 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of November 13, 2000, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
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