COUNCIL COMMITTEES
The Council Committees Meeting was held on March 27, 2000, at 6:30 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, Mr. Weller, and Mayor Hutchison.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Truitt and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilman Leary, Councilwoman Malone, Mr. Gorman, and Mr. Merritt.
Review of Capital Investment Plan
Members were provided copies of the Fiscal Year 2001 update to the City of Dover Capital Investments Plan (CIP) for Fiscal Years 2001/2005 for their review. Staff prepares a five-year CIP every three years with annual updates. The next scheduled five-year CIP is scheduled for Fiscal Year 2003. This method emphasizes the City’s real needs, focuses on the completion of projects, and enables staff to monitor long-term needs of the City more efficiently. The capital projects scheduled to begin next year total approximately $4.4 million. The CIP also contains proposed vehicular/equipment purchases in the amount of $1.3 million over the next year.
Mr. O’Connor reminded members that the CIP update is strictly a planning document designed to coordinate and communicate the City’s capital requirements for the next year. Projects in future years will continue to be reviewed on an annual basis. The CIP should be utilized as a guide, not a commitment. Funding is committed only when a project or equipment purchase has been budgeted and approved by Council. Mr. O’Connor assured members that only approved projects for Fiscal Year 2001 will be included in the upcoming year’s budget.
Mr. Leary moved to recommend adoption of the Fiscal Year 2001 Capital Investments Plan (as on file in the Office of the City Clerk) as presented. The motion was seconded by Mrs. Malone and unanimously carried.
Proposal to Repeal Ordinance Permitting Non-Conforming Use (Adopted April 25, 1985) - T. Noble Jarrell Property Located at 1282 McKee Road
Members were advised of an ordinance adopted by City Council on April 25, 1985, that allows Dr. T. Noble Jarrell use of his property located at 1282 McKee Road for commercial purposes under a non-conforming use. Whenever there have been past actions of Council that affects the administration of the zoning ordinance that was accomplished by means outside the normal channels (such as rezonings, variances, and site plan approvals), the City Planner, Mr. DePrima, has brought them to Council’s attention in order to have the actions either codified or repealed.
Mr. DePrima explained that the property was originally annexed into the City and zoned R-20 (Single Family Residential). In previous years, it was the City’s policy to annex all land into the R-20 zone. As a result, there were rezoning requests submitted to have the property rezoned C-3 (Service Commercial), which were denied. With the neighbors support, an ordinance was adopted on April 25, 1985 providing Dr. Jarrell the authority to improve and make a commercial use of the property located at 1282 McKee Road. Staff recommended repealing the ordinance adopted April 25, 1985, relaying the following concerns: 1) wording of the ordinance being ambiguous; 2) difficulty in tracking such actions; 3) fairness for all other non-conforming properties regulated under Article 7, Non-Conforming Uses, of the Zoning Code; and 4) legal reasons, since action providing relief to a property outside of the process in accordance with the Zoning Code could be challenged. Mr. DePrima assured members that repealing the ordinance would not take away the right provided to Dr. Jarrell for continued use of the building as it currently is, but would simply cause the building to operate under the appropriate regulations.
Responding to Mr. Leary, Mr. DePrima indicated that repealing the ordinance adopted April 25, 1985 would not cause any problems for the owners. He also did not foresee any problems for a new owner, should the property be sold, as long as the use of the property would not change.
In response to Mr. Gorman, Mr. DePrima explained that Article 7 of the Zoning Code provides very specific guidelines on the use and improvements for non-conforming buildings. In this case, the non-conforming use regulations would allow the building to be used as is; however, the uses could not change to another non-conforming use without Board of Adjustment approval. In addition, non-conforming uses cannot be re-established if they are discontinued for more than one (1) year for any reason.
Mr. Glenn Hitchens, attorney representing Dr. Jarrell, indicated that there were no concerns regarding staff’s recommendation for repealing the ordinance adopted April 25, 1985 since the provisions are provided in Article 7 of the Zoning Code, in particular Section 1.2, that will allow the arrangement to remain as it is today.
Dr. T. Noble Jarrell distributed letters from surrounding property owners in support of the current use of the property. He provided members a history of the uses of the property, indicating its current use as a storage and warehouse facility. Considering that the City’s regulations regarding non-conforming buildings will allow the property to be used as it currently is, Dr. Jarrell indicated no concerns in repealing the ordinance adopted April 25, 1985.
Mr. Leary moved to recommend repeal of the ordinance adopted by City Council on April 25, 1985, seconded by Mr. Gorman and unanimously carried.
Meeting Adjourned at 7:05 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Carey and Weller, and Mr. Nichols. Due to the absence of Mr. Kramedas, Mr. Truitt was deputized to serve as a member.
Proposed Phase II Re-conductoring of the 69KV Transmission Line Beginning at Roosevelt Avenue and Ending Just Over the St. Jones River
During their Regular Meeting of February 28, 2000, members of Council approved Phase I for the re-conductoring of the 69KV transmission line and that the contract for construction labor be awarded to Fry Electric at a cost not to exceed $35,156. Phase II provides for the re-conductoring of approximately 1,300 feet of the transmission line and is the last section of the 69KV loop with 336 wire. This is a small section of line between Roosevelt Avenue and Danner Farms Substation, which crosses the St. Jones River, with a structure on an island on the St. Jones River, and has an unusually long span that will require additional engineering.
Mr. O’Connor indicated that bids were solicited for the design (engineering only) of Phase II, with only one response received from Downes Associates in the amount of $28,600. Funds for this job are available in the Electric Improvement and Extension Fund. He advised members that Phase II will be implemented upon completion of Phase I. Staff recommended awarding the bid for design (engineering only) of Phase II to Downes Associates at a fee not to exceed $28,600.
Mr. Carey moved to recommend approval of staff’s recommendation, seconded by Mr. Weller and unanimously carried.
Bid - Groundwater Production Wells
In an effort to expand the City’s water production capacity from the Cheswold Aquifer, staff solicited bids for the construction of two (2) groundwater production wells to be located within the City of Dover corporate limits. The bid package and specifications were prepared by Davis, Bowen & Friedel, Inc. The new groundwater wells will replace a well (#13) that was abandoned at the intersection of Kirkwood and Division Streets in the late 1980’s. The new wells are expected to yield a total of 600-800 gallons per minute. Both wells are necessary to regain our permitted withdrawal capacity from the Cheswold aquifer.
Three (3) contractors submitted bids, with the low bid being received from American Water Wells Systems of Seaford, Delaware, in the amount of $134,112. The bids were evaluated by Davis, Bowen & Friedel, Inc. and the qualifications of the contractors were reviewed. Funding for this project is available in the Water Improvement & Extension Fund.
Staff recommended awarding the contract to American Water Well Systems in the amount of $134,112 for the construction of two (2) Cheswold groundwater production wells as detailed in the project specifications (as on file in the Public Works Department).
Mr. Weller moved to recommend approval of staff’s recommendation and, at the request of staff, that this matter be presented to Council later this evening for action. The motion was seconded by Mr. Carey and unanimously carried.
Bid - FY2000 Curb Replacement Program (Contract #2000-01)
In accordance with the City’s Capital Investments Plan, there is 8,982 linear feet of curb and 68,450 square feet of various depth miscellaneous concrete flat work on selected streets and parking areas proposed for repair or construction. A listing of the scheduled areas was provided to members for their review. Bids were submitted by five (5) contractors, as follows:
Crystal Concrete, Inc. (Wilmington, DE) $430,881.75
Coker Concrete (Dover, DE) $451,283.00
Ralph Cahall & Son, Inc. (Smyrna, DE) $547,589.60
Del-Mar Concrete Construction (Laurel, DE) $790,832.70
Harmony Construction (Wilmington, DE) $991,050.75
Based on historical performance of the contractors, staff reviewed the two (2) lowest bids. Considering past experience, staff recommended awarding two (2) separate contracts for the FY 2000 Curb Replacement Program to the two (2) lowest bidders, as follows:
Crystal Concrete, Inc. $215,440.88
Coker Concrete $225,641.50
Mr. O’Connor assured members that both contractors have been contacted regarding the proposed separate contracts. He explained that should a contractor fail to perform his portion of the work in a timely manner, the City will have the ability to acquire the other contractor to complete the work. Funds for this project will be available from Suburban Street Aid Agreements and the Street Department Budget.
Staff recommended awarding two (2) separate contracts for the FY 2000 Curb Replacement Program to Crystal Concrete, Inc. in the amount of $215,440.88, and Coker Concrete in the amount of $225,641.50.
Mr. Carey moved to recommend approval of staff’s recommendation, seconded by Mr. Nichols and unanimously carried.
Bids - Washington Street Sanitary Sewer Replacement (Contract #2000-04)
In accordance with the FY 2000 Capital Investments Plan, staff is proposing to replace approximately 334 linear feet of eighteen (18) inch gravity sanitary sewer main and approximately 52 linear feet of six (6) inch sewer laterals, and appurtenances from Washington Street to Rodney Road. This sewer main has deteriorated significantly over the past several years and is a source of inflow/infiltration in the sanitary sewer system due to the condition of the pipe. Funds for this project are available in the Wastewater Improvement and Extension Fund.
Staff solicited bids and recommended awarding the contract for the Washington Street sanitary sewer replacement project to the low bidder, Teal Construction, Inc. in the amount of $188,427.50.
Mr. Weller moved to recommend approval of staff’s recommendation, seconded by Mr. Nichols and unanimously carried.
Mr. Weller moved for adjournment, seconded by Mr. Truitt and unanimously carried.
Meeting Adjourned at 7:18 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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