REGULAR COUNCIL MEETING




The Regular Council Meeting was held on August 10, 1992 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Tudor, Leary, Pitts, Salters, Levitt, Daisey and Hare.


Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Rodriguez.


The invocation was given by Reverend Trout, followed by the Pledge of Allegiance.


AGENDA ADDITIONS/DELETIONS

Mr. Tudor requested the addition of item #6A to discuss a proposed plan for a West Dover Fire Station.


Mr. Leary moved for approval of the agenda as amended, seconded by Mr. Daisey and unanimously carried.


ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 27, 1992

The Minutes of the Regular Council Meeting of July 27, 1992 were unanimously approved by motion of Mr. Lambert, seconded by Mr. Leary and bore the written approval of Mayor Knopf.


ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF AUGUST 3, 1992

The Minutes of the Quarterly Open Town Meeting of August 3, 1992 were unanimously approved by motion of Mr. Lambert, seconded by Mr. Leary and bore the written approval of Mayor Knopf.


PROCLAMATION - HOMELESS ANIMALS DAY

The City Clerk read into the record the following Proclamation:


WHEREAS, each year in public and private animal shelters across the United States some ten to seventeen million dogs and cats are killed; and


WHEREAS, the only reason these animals' lives are taken is that there are too few responsible people to adopt them; and


WHEREAS, the animal shelter personnel, or the "dark angels" who perform the mass killing of dogs and cats know this crisis can readily be solved, by preventing the births of these millions of homeless animals by spaying and neutering; and


WHEREAS, the "killing solution" to the dog and cat overpopulation is one with which we regrettably live; and


WHEREAS, dogs and cats are dependent upon humans for responsible and humane care.


NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, do hereby proclaim August 22, 1992, as


"HOMELESS ANIMALS' DAY"


in the City of Dover, and urge citizens who accept the responsibility for the care of dogs and cats to also accept the responsibility for having them spayed or neutered to stop the continuous killing of animals born to be homeless.


PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON SILVER LAKE BLVD. - SILVER LAKE PARTNERSHIP

A public hearing was duly advertised for this time and place to consider rezoning of property located on Silver Lake Boulevard, owned by Silver Lake Partnership.


Planner's Review

The area of petition consists of 2.44 +/- acres of vacant land that borders the westerly shore of Silver Lake. It is zoned RG-3 (General Residence for Group Housing) and represents an undeveloped portion of the Silver Lake Townhouse condominium complex.


The existing zoning and land use within this area include, to the north and adjacent to this site, an area of land zoned RG-3 which is the location of the Silver Lake Townhouse development. To the east and adjoining the site is Silver Lake. The property has approximately 300 +/- feet of shoreline frontage. To the

southeast are lands zoned R-20 (One Family Residence) which are occupied by single family residences. To the south of the site are lands zoned RG-O (General Residence & Office) which is the location of Silver Lake Office Plaza. West of the area of petition, along the westerly side of Silver Lake Boulevard, is an area of vacant land zoned RG-O which totals approximately 17 +/- acres.


The Comprehensive Plan of 1986 recommends that this area be utilized for Medium Density Residential purposes, but is on the fringe of the designated area. Although the conversion of this 2.44 +/- acre tract from RG-3 to C-PO would not conform to the specific land use recommendation of the Comprehensive Plan for this site, the Planning Commission was of the opinion that a C-PO District zoning designation would not alter the essential character of the area nor represent a radical departure from the current development pattern of this area.


As required by the C-PO District Regulations, the applicant has submitted a Conceptual Development Plan. The Conceptual Plan proposes a two (2) story office building of colonial design with 13,600 sq. ft. of total floor area. Parking is relegated to the rear of the proposed building. The Conceptual Plan reflects styling similar in appearance to the existing townhouse buildings, fits well into the landscape and should not overpower the existing development.


Public Hearing

Council President Christiansen declared the hearing open.


Mr. James McGinnis of McGinnis Commercial Real Estate and Mr. Terry Jackson of Jackson Architects were present on behalf of the owner and equitable owner. Mr. McGinnis stated that the equitable owner is Chesapeake Utilities. They currently are a tenant at Silver Lake Plaza, but now wish to own their facility for the corporate headquarters.


Responding to Mr. Levitt, Mr. McGinnis stated that Chesapeake Utilities will have approximately 5,000 sq. ft. of the building left unused. They may lease the excess space if a suitable tenant is found; otherwise the space will be left unoccupied for their future expansion.




Mr. DePrima assured Council that the facility will provide adequate off-street parking. The Soil Conservation Service is requiring a storm water management system which will be located between the structure and the lake. The 75' setback from the shoreline requirement does not apply to the retention pond. Although the uneven shoreline may cause a problem on the setback requirements for the parking lot, Mr. McGinnis assured members of Council that there is sufficient land area to solve any possible problems.


Mr. Charles Johnson of 419 S. State Street conveyed his feeling that it would be desirable to live along the shores of the lake and questioned the wisdom of utilizing this parcel of land for office space.


Council President Christiansen declared the hearing closed.


Mr. Tudor moved for approval of the rezoning request in accordance with the recommendation of the Planning Commission. The motion was seconded by Mr. Daisey and by a unanimous roll call vote, Council adopted the following ordinance:


AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON SILVER LAKE BOULEVARD


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 RG-3 to C-PO.


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 RG-3 to C-PO on that property located on Silver Lake Boulevard, owned by Silver Lake Partnership, G.P.


ADOPTED: August 10, 1992


UTILITY COMMITTEE REPORT

The Utility Committee met on July 28, 1992 with Chairman Daisey presiding.


Annual Contract - Asbestos Insulation Removal - McKee Run

There is a considerable amount of asbestos insulation around pipes, turbines, heat exchangers, etc., at the McKee Run facility. This insulation provides efficiency improvements and personnel burn protection. Plant maintenance periodically requires access to the equipment that has asbestos insulation. Removal of asbestos insulation requires trained and certified personnel, which are not on staff at the plant. To remain within applicable regulations, bids were solicited for certified asbestos handlers to deal with the asbestos insulation on an as-needed basis. It is estimated that $25,000 will be spent on this contract. Based on work experience in an electric generating facility and the recommendation of staff, the committee recommended that the City identify Tri-State Insulation as the asbestos abatement contractor for the 1992/93 budget year at a rate of $25.00/hour for Supervisor/Foreman and $22.00/hour for Mechanic.


By motion of Mr. Daisey, seconded by Mr. Hare, Council approved the committee's recommendation by a unanimous roll call vote.


It was noted that the concept of including pre-qualifications on all bids solicited will be reviewed by staff and the committee.


Contract - In-House Electrician

The City currently does not request any employees to maintain an electrician's license. Bids were requested for the services of a licensed electrician. It was estimated that the work would cost approximately $10,000 per month. Staff recommended that the contract be awarded to Advance Electric at a cost of $17.00/hour for Electrician and other rates as listed, totalling approximately $80,000 for fiscal year 1992/93.


The committee recommended that Advance Electric be awarded the contract at the rates listed, totalling approximately $80,000 for fiscal year 1992/93.


By motion of Mr. Daisey, seconded by Mr. Salters, Council approved the committee's recommendation by a unanimous roll call vote.


Bid - Padmount Transformers

Bids were solicited for 3-phase padmount transformers for warehouse stock. The bids were evaluated by comparing purchase costs with operations heat loss efficiency to determine the most economical transformer to purchase. The committee recommended approval of the following bids:

 

1)Three (3) - 500 Kva 277/480 transformers to Valley Power at a cost of $23,565 (Engineer's estimate was $25,156).

 

2)Five (5) - 300 Kva 277/480 transformers, Five (5) Kva 277/480 transformers, and Four (4) 150 Kva 120/208 transformers to Wesco at a cost of $72,103 (Engineer's estimate was $74,281).

 

3)Two (2) - 300 Kva 120/208 transformers, One (1) - 150 Kva 120/240 transformer, One (1) - 75 Kva 277/480 transformer, and One (1) - 75 Kva 120/240 transformer to Hesco at a cost of $24,139 (Engineer's estimate was $24,478).

 

4)One (1) - 75 Kva 2400 120/240 transformer to A.J.P. Sales at a cost of $3,664 (Engineer's estimate was $3,534).


Mr. Daisey moved for approval of the above bids, as recommended by the committee. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote.


Acceptance of Streets and Utilities - Sherwood V

The developer of Sherwood V Subdivision has requested that the streets and utilities be accepted for maintenance and ownership by the City. After construction was completed, staff inspected the improvements and provided the developer with a list of repairs to be made to meet City standards. All work has been completed. A one-year maintenance agreement and bond, and a release of liabilities have been submitted.


The committee recommended acceptance of streets and utilities for Sherwood V Subdivision.


Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a roll call vote of eight (8) yes, and one (1) no (Mr. Christiansen).


Engineering Services - North Loop Water Main

In conjunction with the 1991-96 Capital Improvement Plan, it was proposed to construct approximately 15,000 linear feet of water main along Dennys Road from Kenton Road to U.S. 13. During their meeting of January 13, 1992, Council authorized staff to proceed with the design and bidding of this project.


Proposals to provide design services were received from 23 engineering firms. Staff selected six (6) firms for interviews. Based on the proposals and interviews, staff negotiated with Karins and Associates of Dover and recommended approval of the design contract with Karins and Associates in the amount of $79,500.


The committee recommended approval of the design contract with Karins and Associates in the amount of $79,500 for the North Loop Water Main.


Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.


Although competitive bidding is not legally permitted for professional services, Mr. Daisey felt that significant savings could be derived if competitive bidding was utilized. He requested that the Solicitor investigate the legality of competitive bidding for professional services.


Far West By-Pass Connector

The Department of Transportation scheduled a meeting on July 30, 1992 to receive comments on the proposed Puncheon Run Connector. The City of Dover has already gone on record in opposition to the Puncheon Run Connector. Noting that the development of west Dover is rapidly increasing and the traffic that will be generated, Mr. Lambert suggested that the City submit a letter to the Department of Transportation in favor of a Far West By-Pass Connector. It was his feeling that an avenue should be established to alleviate the traffic congestion that has increased with the development of West Dover. Mr. Lambert advised members that as an alternative to the Puncheon Run Connector, the Department of Transportation has proposed three alternate Western Connectors.


The committee recommended that a letter, signed by the Mayor and Council President, be sent to the Department of Transportation reiterating the City's opposition to the Puncheon Run Connector and that as an alternative, they consider a Western Connector. Since a majority of Council members agreed with the committee's recommendation and the scheduled meeting was to take place prior to the August 10th Council Meeting, Council agreed that the letter was to be sent immediately.


Some members of Council expressed their feeling that it is a foregone conclusion that DelDOT has unofficially made their decision for a modified version of the Puncheon Run Connector. Mr. Lambert suggested that a letter also be sent to our State Legislators to urge their support of a Far West By-Pass Connector.


Mr. Leary moved that the Council President and Mayor Knopf send a letter to our State Legislators urging support of a Far West By-Pass Connector. The motion was seconded by Mr. Lambert and unanimously carried.


Mr. Daisey moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.


LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on July 28, 1992 with Chairman Levitt presiding.


1992 General Obligation Bond Issue (1992 Streets/Stormwater Program)

During their Regular Meeting of June 8, 1992, Council adopted the 1992 Street

Program to include the following projects:


    1)  Street and Curbs             5)  Handicap Ramp Program

    2)  Residential Alley Program    6)  Waters Street

    3)  Commercial Alley Program     7)  Girl Scout Lane

    4)  Sidewalk Program             8)  Tar Ditch Improvements


The estimated costs for the projects total $961,000. The City's Charter authorizes Council to approve the issuance of General Obligation Bonds up to $1,000,000 for streets, storm sewer, and related purposes. Services of a bond counsel and financial advisor are necessary for the Bond Issue. Every two years, their fees are compared with other bond counsels and financial advisors. When there is a bond issue, their fees are compared with industry standards.


The committee recommended the appointment of Potter Anderson & Corroon of Wilmington, as bond counsel for the 1992 G.O. Bond Issue at a fee not to exceed $12,000 plus an estimated out of pocket cost of $1,000, if fees are incurred. It was noted that Potter Anderson & Corroon has worked with the City on the six (6) bond issues since 1985 and have provided excellent services.


The committee recommended the appointment of James T. Cavanaugh & Associates of Baltimore, Maryland, as Financial Advisors for the 1992 G.O. Bond Issue at a fee not to exceed $5,000 plus an estimated out of pocket cost of $1,000, if fees are incurred.


Mr. Levitt moved for approval of the committee's recommendations to: (1) appoint Potter Anderson & Corroon as bond counsel for the 1992 General Obligation Bond Issue at a fee not to exceed $12,000 plus an estimated out of pocket cost of $1,000, if fees are incurred; and (2) appoint James T. Cavanaugh & Associates as financial advisors for the 1992 General Obligation Bond Issue at a fee not to exceed $5,000 plus an estimated out of pocket cost of $1,000, if fees are incurred. The motion was seconded by Mr. Pitts.


Referring to the portion of the bond issue dealing with street paving, Mr. Tudor voiced objections to utilization of bond issue funds to pave Girl Scout Lane which has only one home along the street. Mr. Worley explained that when a property is annexed into the City limits, the City has an obligation to attempt to provide services to the property since it is assessed for property taxation just as all other properties within the City are taxed. Mr. Worley stated that upon annexation of the Girl Scout Lane area, a commitment for pavement of the street was made to the property owner. He reminded Council that specific projects could be deleted from the program at the time of bid review.




Referring to funds for the sidewalk program, Mr. Hare suggested that the City utilize some of the funds to enforce the requirement for sidewalks rather than focusing only on needed sidewalk repairs for existing sidewalks. Mr. Pitts reminded the City Manager that many alleys have never been paved.


Many members of Council agreed that in the future, the City should make every attempt to pay for street paving and maintenance from taxpayer's dollars rather than from borrowed bond issue funds which ultimately result in higher costs to the taxpayers.


On a call for the question on the motion by Mr. Leary, the motion was approved by a unanimous roll call vote.


Suggestions - Councilman William Hare

The committee reviewed suggestions made by Councilman Hare and took the following action:


Introduction to Council Prior to News Release of Council Related Issues - The committee recommended that no procedural policy be adopted at this time. Although members of Council did not feel that a procedural policy should be adopted that would restrict Council from giving statements to the press, it was agreed that members of Council should be courteous by notifying one another of issues prior to contacting the Press.


Revenue Ideas Committee - The committee recommended that City staff submit recommendations to increase revenues for the committee's review.


Review of Budget Process - The committee noted that Council will begin review of the proposed budget in September which is much earlier than usual. Therefore, no action was taken.


Hiring and Reclassification Freeze - The committee tabled any action to institute a hiring and reclassification freeze, to be considered at a future meeting.


Strong Mayor Concept - The structure of the City is a pending item to be further discussed during the Council's Goal Workshop. No further action was taken.


Mr. Levitt moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Daisey and unanimously carried.


APPOINTMENT - DEPUTY FIRE MARSHAL

In order to provide continuity of services, Mr. James Melvin, Fire Marshal, requested that Mr. David Truax be appointed as the Deputy Fire Marshal for the City of Dover to act in the absence of the Fire Marshal.


Mr. DePrima stated that Mr. Truax is a current employee of the Inspections Department and already assists the Fire Marshal. He is duly qualified to act in the capacity of Deputy Fire Marshal, but has not officially been appointed in accordance with Section 7-59 of the City Code. This appointment will have no impact on the City's budget.


Having worked on a project with Mr. Truax, Mr. Tudor relayed his feeling that Mr. Truax is a very professional individual and an asset to the City.


Mr. Salters moved to appoint Mr. David Truax as the Deputy Fire Marshal for the City of Dover, seconded by Mr. Daisey and carried by a unanimous roll call vote.


PLAN - WEST DOVER FIRE STATION - COUNCILMAN TUDOR

Councilman Tudor submitted a proposed plan for the West Dover Fire Station for Council's review.


Mr. Daisey moved that the plan be referred to the Safety Advisory Committee and the Public Safety Issues Implementation Study Committee for review and recommendations to Council. The motion was seconded by Mr. Pitts and unanimously carried. As Chairman of the Safety Advisory Committee, Mr. Hare announced that the matter will be reviewed during the September 15th committee meeting.


REZONING REQUEST - 140, 142, 144 & 146 S. NEW STREET - JAMES AND JOANNE MOORE

A request was received to rezone property located at 140, 142, 144 & 146 S. New Street, owned by James F. and Joanne Z. Moore. The property is currently zoned RG-1 (General Residence) and the requested zoning is C-2 (Central Commercial).


Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.


By motion of Mr. Hare, seconded by Mr. Lambert, Council unanimously referred the request to the Planning Commission and set a public hearing for October 13, 1992 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 PROPERTY LOCATED AT 140, 142, 144 & 146 SOUTH NEW STREET.


REZONING REQUEST - 850 NEW BURTON ROAD - SOUTHERN STATES COOPERATIVE, INC.

A request was received to rezone property located at 850 New Burton Road, owned by Southern States Cooperative, Inc. The property is currently zoned M (Manufacturing) and the requested zoning is C-1A (Limited Commercial).


Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.


By motion of Mr. Hare, seconded by Mr. Lambert, Council unanimously referred the request to the Planning Commission and set a public hearing for October 13, 1992 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 PROPERTY LOCATED AT 850 NEW BURTON ROAD.



Mr. Hare moved to adjourn into the Open Forum, seconded by Mr. Leary and unanimously carried.


OPEN FORUM

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.


Richard Ornauer - 17 Mifflin Road

Mr. Richard Ornauer of 17 Mifflin Road commended Council for their actions relating to the proposed Far West By-Pass Connector. He suggested that Council also urge State Legislators to require a public hearing on the By-Pass Connector to afford residents the opportunity to reinforce the City's position to expedite the selection of the Far West Connector. Mr. Ornauer related to the desperate need for a diversion of traffic in the western portion of Dover.


T. Magoo Dorcy - Lot #155 Kings Cliffe MHP

Mr. T. Magoo Dorcy of Lot #155 Kings Cliffe MHP voiced his support for a fire and police substation west of Dover. Mr. Dorcy offered his services to assist the City in employee negotiations. He felt that a neutral, third party would be beneficial to the negotiation process and felt that he could very quickly conclude negotiations to the satisfaction of all.


Meeting Adjourned at 8:50 P.M.






                                  DEBRAH J. BOAMAN

                                  CITY CLERK


All orders, ordinances and resolutions adopted by City Council during their meeting of August 10, 1992, are hereby approved.





                                  AARON O. KNOPF

                                  MAYOR



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