Attachment

ATTACHMENT #1 Regular PR&CE Meeting of 11/28/2006

ATTACHMENT #2 Regular PR&CE Meeting of 11/28/2006

ATTACHMENT #3 Regular PR&CE Meeting of 11/28/2006 ACTION FORM PROCEEDING: Parks, Recreation, & Community Enhancement AGENDA ITEM NO.: 11/28/06 - 2 DEPARTMENT OF ORIGIN: Parks, Recreation, & Library DATE SUBMITTED: 11/15/06 PREPARED BY: Zachery Carter & Anthony DePrima SUBJECT: Evaluation of Bids – John W. Pitts Recreation Center REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: N/A EXHIBITS: Exhibit A - Bid Talley Form and Exhibit B - Low Bid Comparison With and Without Gym A/C EXPENDITURE REQUIRED: $2,745,000 with Gym A/C or $2,706,000 w/o Gym A/C AMOUNT BUDGETED: $3,000,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Parks, Recreation and Library Budget CIP page 141 TIMETABLE: Begin construction this winter with a target completion date of Fall 2007. RECOMMENDED ACTION: Staff recommends that the Committee recommend the low bid proposal of either Kent Construction (gym with air conditioning) or Bob Smith Contracting (gym without air conditioning) after discussion of the pros and cons of air conditioning the gym. BACKGROUND AND ANALYSIS The City of Dover received six bids for the construction of the John W. Pitts Recreation Center. The bid documents required a single general price and four alternatives that would deduct material from the Center, and one alternative that would add a mezzanine. We also asked for the unit price for concrete because each manufacturer’s design of the building is slightly different. The precise location of the columns--especially the corner columns--almost always varies among manufacturers. The concrete price helps guage possible costs of design changes. After analyzing the bids, staff determined that it was not to the City’s advantage to remove the interior or exterior masonry (Alternates #1 & #2 on Exhibit A) or the Kalwal (Alternate #3, Exhibit A) which lets natural light into the gym. It was also decided not to add a mezzanine to save on expenses. Staff was willing to evaluate dropping the air conditioning for the gym with the idea that it could be added later--perhaps using a geothermal cooling, a green technology which may qualify for grant funding. Exhibit A is the Bid Tally sheet. An analysis was done for the gym using scenarios of “with” and “without” air conditioning as shown in Exhibit B. As can be seen, the project with air conditioning leaves $61,605 for contingency costs, while the project without air conditioning leaves $100,605 for contingency. Obviously, it is better to have a larger contingency. The project architect has determined that the differences in concrete unit prices will not impact the low bidder status of each option. Constructing the project without air conditioning will result in the gym not being able to be used on some days. While there has been no analysis, it would be more costly to retrofit the gym unless some grant or funding for green energy can be found. However, operating expenses without air conditioning would be less. Retrofitting with geothermal will have a long term cost savings on related energy costs and show leadership in this area by the City. Staff is comfortable with either alternate and believes a solid discussion of the pros and cons at the Committee level will render the appropriate decision. It is very important to note that fundraising continues. We expect to have other legislators contribute Community Transportation Funds, and private sector fundraising will be easier once construction has been approved. These will increase our project contingency.

Exhibit A JOHN W. PITTS RECREATION CENTER BID TALLY / November 6, 2006 / 4:00 PM / Dover City Hall / City Clerk’s Office Contractor Contractor Contractor Contractor Contractor Contractor Kent Bob Smith Integrated Bancroft Conventional Emory Hill & Construction Contractors, Construction Construction Builders, Inc. Company, Inc. Company Inc. Services, Inc. Company Base Bid 2,745,000 2,749,000 2,772,000 2,894,000 2,999,000 3,006,805 Alternate 1 34,600 47,800 49,251 44,395 84,000 70,000 NO Outside Brick Alternate 2 NO KalWall 79,000 97,500 110,226 134,248 206,000 150,000 (natural lighting) Alternate 3 7,000 21,187 12,179 33,451 10,975 30,000 NO Interior Masonry Alternate 4 / ADD + 114,000 + 7,000 + 43,800 + 102,022 + 32,900 + 62,000 ADD Mezzanine Alternate 5 34,500 42,000 37,900 31,220 49,500 45,000 NO HVAC in gym Concrete Unit Price 20.30 1,000.00 17.00 300.00 450.00 N/A

EXHIBIT B JWP Center Evaluation of Low Bids With and Without Gym Air Conditioning With Air Conditioning W/O Air Conditioning FUNDS Parkland Reserve $ 2,967,032.00 $ 2,967,032.00 CURRENT PLEDGES John Still- CTF* $ 30,000.00 $ 30,000.00 Donna Stone-CTF* $ 25,000.00 $ 25,000.00 Greater Dover $ 10,000.00 $ 10,000.00 Anonymous -TBA $ 8,000.00 $ 8,000.00 TOTAL $ 3,040,032.00 $ 3,040,032.00 EXPENSES Construction Bid Price $ 2,745,000.00 $ 2,706,000.00 Becker Morgan Balance $ 163,427.00 $ 163,427.00 Budeted FFI* $ 70,000.00 $ 70,000.00 TOTAL $ 2,978,427.00 $ 2,939,427.00 LEFT FOR CONTINGENCIES $ 61,605.00 $ 100,605.00 % 2% 3% LOW BIDDERS Kent Construction Bob Smith Contracting *CTF= Community Transportation Funds for Parking Lot Constructon *FFI = Furniture, Fixtures, Incidentals. z:City Manger\JWP Center Evaluation.xls

ATTACHMENT #4 Regular PR&CE Meeting of 11/28/2006 ACTION FORM PROCEEDING: PR & Community Enhancement AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Community Development DATE SUBMITTED: 11/13/06 PREPARED BY: Tracey Harvey SUBJECT: Amendment to the 2005 Consolidated Plan Citizen Participation Plan REFERENCE: The functions of the Consolidated Plan Advisory Group be assigned to PR & CE Committee RELATED PROJECT: n/a APPROVALS: Council EXHIBITS: n/a EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: Approval requested for the November 27th Council Meeting RECOMMENDED ACTION: BACKGROUND AND ANALYSIS An amendment to the City of Dover Community Development Block Grant Citizen Participation Plan is being proposed to assign the functions of the Consolidated Plan Advisory Group to the Parks, Recreation, and Community Enhancement Committee. This action would be an amendment to the 2005 Consolidated Plan.

ATTACHMENT #5 Regular PR&CE Meeting of 11/28/2006 ACTION FORM AGENDA ITEM: 11-27-2006 - 4 PROCEEDING: Parks, Recreation, and Community Enhancement Committee DEPARTMENT OF ORIGIN: City Council PREPARED BY: Traci A. McDowell, City Clerk on behalf of Councilman Ruane SUBJECT: Proposed Amendment to Preliminary Land Use Services Memorandum of Understanding Between the City of Dover and the State of Delaware (Adopted 02/09/04) DATE SUBMITTED: 11-22-2006 RELATED PROJECT: N/A APPROVALS: N/A EXHIBITS: #1 - Draft Amendment to PLUS Memorandum of Understanding #2 - Garrison Tract Memorandum of Understanding EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Upon Committee approval, the amendment will be forwarded to the Planning Commission for a recommendation to Council. Once approved, the revised agreement will be forwarded to the Office of State Planning Coordination for concurrence and signatures. RECOMMENDED ACTION: Recommend amending paragraph 4 of section C of the PLUS MOU by adding “or rezoning” after the word “size”. BACKGROUND AND ANALYSIS On February 9, 2004, City Council approved a Preliminary Land Use Services (PLUS) Memorandum of Understanding (MOU) (Exhibit #1) between the State of Delaware Office of State Planning Coordination and the City of Dover. The PLUS MOU established a coordinated review of certain development activities in order to achieve a more efficient, effective and timely use of resources and consistency and coordination between the various levels of government and other interested parties. Paragraph 4 of Section C of the PLUS agreement acknowledges that “Any project of any size proposed to the east of Delaware Route 1 and north of South Little Creek Road” would be subject to the State PLUS review in recognition of the Garrison Tract MOU (Exhibit #2), which acknowledges in Section 2 that the City shall “Strongly adhere to existing Comprehensive Plan and zoning designations for the remaining areas east of SR1, which support agricultural uses and low-density development.” A recent application to the City for rezoning of a property east of SR1 provided evidence that Paragraph 4 of Section C of the PLUS MOU should be amended to include such rezoning applications east of SR1 in the PLUS review process, as well as “any project of any size”. S:\ClerksOffice\CAFS\11-28-2006-4 PR&CE Proposed Revisions - PLUS MOU.wpd

Memorandum of Understanding between The City of Dover, Delaware and the Delaware Office of State Planning Coordination WHEREAS, the State of Delaware has determined that certain local land use decisions have far reaching and complex effects on the region, resulting in development which often requires the commitment of finite resources by the various levels of government as well as private investors; and WHEREAS, coordinated review of certain development activities would result in a more efficient, effective and timely use of resources and would also achieve consistency and coordination between the various levels of government and other interested parties; and WHEREAS, under Title 29, Chapter 92 of the Delaware Code, local land use planning actions by local governments are subject to pre-application review processes by the Office of State Planning Coordination (OSPC); and WHEREAS, under Title 29, Section 9205 (c) of the Delaware Code, the OSPC shall, through a Memorandum of Understanding, exempt a local jurisdiction from the provisions of the Land Use Planning Act or modify the pre-application process when the local jurisdiction has a Certified Comprehensive Plan and imposes a more stringent review of projects; NOW, THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD by and between The City of Dover, Delaware and the Office of State Planning Coordination as follows: A. Nothing in this agreement shall be construed to deny The City of Dover its final decision- making authority over proposed land use planning actions in the corporate limits of The City of Dover. Additionally, any comments received from state agencies, pursuant to Title 29, Chapter 92 of the Delaware Code, shall not exempt applicants from the responsibility of meeting all requirements set forth in The City of Dover’s adopted land use regulations. B. The Development Advisory Committee (DAC) of The City of Dover will continue to review development proposals on a monthly basis, and will continue to include representation from various state agencies as is currently the practice. C. The following land use planning actions are and shall remain subject to State review under Title 29, Chapter 92, Delaware Code: 1. All residential projects containing 125 or more dwelling units. 2. Any non-residential subdivision or site plan involving new construction of structures or buildings with a total floor area equal to or exceeding 75,000 square feet. MOU for PLUS System 2.4.04 As Recommended by Legislative, Finance, and Administration Committee on 2.2.04

3. Any application for rezoning or annexation that is inconsistent with The City of Dover’s Comprehensive Plan Update certified September 22, 2003, or as amended, except where the non-conformity is of a minor, relatively insignificant nature. A rezoning shall be considered minor variation from the Comprehensive Plan when the following conditions are met: (a) The rezoning is of a unique circumstance and can not set precedence for other lands in the vicinity of the rezoning. (b) The relative size of the rezoning or the variation from the land use recommended by the Comprehensive Plan is so minor that it would have no impact on the goals and objectives of the Comprehensive Plan. (c) The proposed zoning is adjacent to or in the immediate vicinity of other similarly zoned lands and would not alter the pattern of development in the area. Upon notification of a rezoning in the City of Dover that meets these criteria, the State will concur in writing to the City thereby waiving the PLUS review process in that instance. 4. Any project of any size or rezoning proposed to the east of Delaware Route 1 and north of South Little Creek Road. 5. Any local land use regulation, ordinance or requirement referred to the Office of State Planning Coordination by The City of Dover for the purpose of providing the City with advisory comments. These include the modifications to the City’s zoning and subdivision ordinances that implement the Comprehensive Plan. 6. Any development projects voluntarily submitted by the developer to the Office of State Planning Coordination for review. 7. Any other project which is required to be referred to the State for pre- application review by City of Dover regulations. 8. Any amendment, modification or update to The City of Dover’s Comprehensive Plan, as required by Title 22 of the Delaware Code. 9. All projects in the Downtown Dover Redevelopment Target Area, defined by The City of Dover Code shall be exempt from State review unless voluntarily submitted by the developer or The City of Dover. D. The City of Dover shall, at the time of the required pre-application meeting, identify those projects meeting the criteria defined in this agreement for State review, direct applicants whose projects meet State review criteria to submit necessary documents to the Office of State Planning Coordination (OSPC) in order to initiate the PLUS review process, and not accept applications for those projects requiring PLUS review until such time as the OSPC has issued comments, as defined in Title 29, Section 9204 (c) of the Delaware code, to the applicant and The City of Dover. MOU for PLUS System 2.4.04 As Recommended by Legislative, Finance, and Administration Committee on 2.2.04 Page 2

E. In special circumstances, the Office of State Planning Coordination may waive the pre- application requirements of Title 29, Chapter 92 of the Delaware Code. Where such waiver is granted, the Office of State Planning Coordination shall provide a written explanation of the causes for the waiver to the relevant local jurisdiction and the applicant. These circumstances may include, but are not limited to, a local government’s imposition of a more stringent review of projects enumerated in §9203(a) than required by Title 29, Chapter 92 of the Delaware Code, and/or projects expected to provide an extraordinary benefit to the State and the local jurisdiction through economic development, job creation, educational opportunities, public services or facilities, agricultural preservation, or protection and enhancement of the natural environment. F. This Memorandum of Understanding may be revised from time to time as circumstances warrant, only with the concurrence of both The City of Dover and the Office of State Planning Coordination. _____________________________ ____________ The Honorable James Hutchison Date Mayor, City of Dover Dover, Delaware _____________________________ ____________ The Honorable William McGlumphy Date President, Dover City Council Dover, Delaware _____________________________ ____________ John Friedman Date Chair, Dover Planning Commission Dover, Delaware _____________________________ ____________ Constance C. Holland, Director Date Office of State Planning Coordination MOU for PLUS System 2.4.04 As Recommended by Legislative, Finance, and Administration Committee on 2.2.04 Page 3