REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 9, 2006 at 7:30 p.m. with Vice-President Salters presiding in the absence of Council President Williams. Council members present were Mr. Carey, Mrs. Russell, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Speed.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Vice-President Salters declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Eric O’Brien, 30 N. New Street, reiterated his concerns of noise, prostitution, and suspicious behavior on New Street. He noted that New Year’s Eve was particularly loud because of people setting off fireworks. The noise is worse during the hours of 12:00 a.m. and 3:00 a.m. when most people are needing to get rest in order to work the next day.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda as presented, seconded by Mr. Hogan and unanimously carried.
Mr. Ritter requested that item #5A, Budget Report, be removed from the consent agenda.
Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Williams absent).
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF DECEMBER 14, 2005
The Minutes of the Special Council Meeting of December 14, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Slavin and bore the written approval of Mayor Speed.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 20, 2005
The Minutes of the Regular Council Meeting of December 20, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Slavin and bore the written approval of Mayor Speed.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 130 CHERRY STREET, OWNED BY MARK E. SMITH
A public hearing was duly advertised for this time and place to consider rezoning of property located at 130 Cherry Street, owned by Mark E. Smith. The property is currently zoned RG-1 (General Residence) and the proposed zoning is RG-3 (Group Housing).
Planner's Review
Mr. DePrima, City Manager, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #1).
Public Hearing
Vice-President Salters declared the hearing open.
Mr. Greg Scott with Scott Engineering, 838 Walker Road, indicated that the plan is to construct three (3) townhouse units that will include garages and the required number of off-street parking spaces. The home on one of the properties that will be demolished is currently vacant. He indicated that the owner, Mr. Smith, was also in attendance should members have any further questions.
Vice-President Salters declared the hearing closed.
Mr. Carey moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Slavin and by a unanimous roll call vote (Mrs. Williams absent), Council adopted the following ordinance (The First Reading of this ordinance was accomplished during the Council Meeting of November 28, 2005):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 130 CHERRY STREET.
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-1 (General Residence) 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 RG-1 to RG-3 on that property located at 130 Cherry Street, owned by Mark Smith.
ADOPTED: JANUARY 9, 2006
PRESENTATION - RECOGNITION OF SERVICE - ANDREW L. NOWAK - BOARD OF ADJUSTMENT (NOVEMBER 2004 THROUGH SEPTEMBER 2005)
Due to the absence of Mr. Nowak, Vice-President Salters indicated that the presentation will be rescheduled.
UTILITY COMMITTEE REPORT - DECEMBER 20, 2005
The Utility Committee met on December 20, 2005 with Chairman Carey presiding.
Annexation Request - Property Located at the Intersection of College Road (On the Northerly Side) and McKee Road (On the Easterly Side), Containing 3.5107+/- Acres, Owned by Antoine Ashburn, Robert W. and Karen E.S. Crisler, and JNK, LLC
Members were provided the Petition to Annex and Zone Property, the Development Advisory Committee (DAC) Commentary, and a Cost/Revenue Analysis Summary for property located at the intersection of College Road (on the northerly side) and McKee Road (on the easterly side), containing 3.5107+/- acres, owned by Antoine Ashburn, Robert W. and Karen E.S. Crisler, and JNK, LLC.
Mr. DePrima, City Manager, noted that while the Comprehensive Plan: Annexation Plan Map calls for this area to be residential, and its location would meet the Comprehensive Plan recommendations for Medium and High Density Residential Development, staff believes that the properties’ location within a recognized commercial node on a busy intersection is equally suitable and justified for office zoning in accordance with the Comprehensive Plan text. Because of the properties relatively small size (3.5 acres) it would be difficult to buffer residential uses and still have a good yield of developable land. This office zoning would also conform to the Plan recommendation of using Office Zoning as a transitional zone between the busy intersection and developable lands north of this property. This recommendation is being made without the benefit of hearing the comments of surrounding land owners and residents. A public hearing is required on this matter and those comments should be given serious consideration.
During the committee meeting, Mr. DePrima advised members that the DAC comments provided were those of the Planning Department and did not include the comments of other agencies. For the future, staff was requested to provide members a copy of the Plan of Services which is submitted to the State.
The committee recommended adoption of a resolution setting the annexation referendum for property located on the northeast intersection of College and McKee Roads, owned by Antoine Ashburn, Robert W. and Karen E.S. Chrisler, and JNK, LLC.
By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Slavin and by a unanimous roll call vote (Mrs. Williams absent), Council adopted the following Resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located at College and McKee Roads, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for an area located at College and McKee Roads situated in East Dover Hundred, Kent County, State of Delaware.
2. That the election be held on the 8th day of February, 2006 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in accordance with the City of Dover Charter.
ADOPTED: JANUARY 9, 2006
Dover Air Force Base Additional Housing Units Presentation by Steve Sax
In the last quarter of 2004, the City of Dover Electric Department received a request from the Dover Air Force Base to discuss the possibility of serving electricity to the existing Air Base Housing. The units presently served from the Air Base electric system are going to be privatized and their electric system transferred to the City.
On January 19, 2005, the City of Dover Electric Department drafted a document offering the successful privatized housing bidder the ability to serve base housing from Old Lebanon Road. This area of base housing is located within the service territory of the City of Dover.
It is the City’s intent to serve the housing at two master meter locations until all the 950+/- homes have been constructed. The base housing organization will be responsible for all cost associated with metering and partially responsible for the new infrastructure that must be constructed. Additionally, the base housing organization will be treated like any other subdivision within the City of Dover’s electric territory.
Air Base Housing is currently supplied from the Dover Air Force Base facility. The City supplies the base under its transmission voltage rate tariff. Under this new plan, the City will develop an interim rate until such time that all the units are complete and individual meters are installed. Once completed, the residential rate will then be charged and will include the monthly customer service fees. By incorporating Base Housing into the City’s electric system, the City will see a 4.5% customer increase.
This project has been phased and will be completed over the next five (5) years. The Electric Department has been vigorously planning and designing changes to the City’s current infrastructure so that their electric service needs can be obtained by February 2006. The plans include increasing wire size, adding voltage regulators, and improving backup circuits.
This matter was presented for informational purposes and no further action was taken.
Water Master Plan - Final Draft PowerPoint Presentation
Mr. Scott Koenig, Public Works Director, provided a PowerPoint Presentation of the Water System Master Plan Final Draft. He advised members that official action by Council on the recommendations would take place during the budget review process.
By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Slavin and carried by a unanimous roll call vote (Mrs. Williams absent).
MONTHLY REPORTS - NOVEMBER 2005
By motion of Mr. Carey, seconded by Mr. Slavin, the Mayor’s monthly report for November 2005 was accepted by consent agenda.
Referring to the Budget Report, Mr. Ritter noted that the Original and Revised budget amounts for Fiscal Year 2006, as reported in the Monthly Budget Report for the General Fund, Water/Wastewater Fund, and Electric Revenue Fund are not consistent with what is reported in the Quarterly Revenue Report (item #6 on the agenda) for Fiscal Year 2006 Projected.
Responding, Mrs. Mitchell explained that there are three (3) different amounts for Fiscal Year 2006: 1) the original budget; 2) the revised budget, based on the most recent budget revisions approved by Council; and 3) the projected budget. The original budget reflects the budget amount originally approved by Council and that based on recent activities, year-to-date trends, etc., staff is reviewing the revenue amount and developing a new projected budget. Mrs. Mitchell stated that these are three (3) purposely different budget amounts.
In response to questions of Mr. Ritter regarding the difference in the amounts included in the City’s Budget and the monthly budget reports, Mrs. Mitchell explained that the City’s Annual Budget includes beginning balances. In reporting of revenues, the monthly budget report excludes the beginning balances.
Mr. Ritter noted that the Source and Use of Operating Funds Summary (page 52 of the City’s Annual Budget) have different amounts than the Monthly Budget Report and requested that page 52 of the City’s Annual Budget be updated to reflect the revised budget amounts. It was his opinion that it is difficult to understand the Source and Use of Operating Funds Summary and requested that staff include an explanation of its development when revising the page.
Mr. Hogan moved for acceptance of the Budget Report for November 2005, seconded by Mr. Slavin and unanimously carried.
QUARTERLY REVENUE REPORT
Mrs. Mitchell, Finance Director/Treasurer, reviewed the Revenue Report as of December 2005.
Mr. Slavin expressed his appreciation for the development of this new report, stating that it has been most helpful for him and hopes that it has served the same for staff.
EVALUATION OF BIDS - POLICE STATION BUILDING SECURITY UPGRADE AND CCTV SYSTEM
The Police Department secured grant funding through the Weapons of Mass Destruction (WMD) money process to upgrade its current building security system. The building security upgrade includes two (2) projects: 1) the door access system; and 2) the closed circuit television system (CCTV). The present security system is over eight (8) years old and by computer standards, is old and antiquated. Chief Horvath indicated that a complete systems failure occurred several months ago when the operating system’s computer power supply failed, which disabled their complete security system (door access system). There have been several other partial failures during recent months.
To expedite the purchase of the security equipment, bids were not solicited and the contract price was negotiated with Advantech, Inc. under Section 3.16(C) of the City’s Purchasing Policy. If the security upgrades are approved by Council, the cost of the upgrades will be paid for by the WMD grant funding. Staff recommended entering into a contract with Advantech, Inc. in the amount of $103,389 for the Police Station security upgrade.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mrs. Williams absent).
CONTRACT APPROVAL - JOHN W. PITTS RECREATION CENTER
In August 2004, a presentation was made to City Council on the schematic design and cost for the John W. Pitts Recreation Center. Since that time, staff has made several presentations throughout the community and as a result, gained much support from the community and business leaders in the area. Staff has secured grant funding and continues to seek and apply for grant funding for the construction of the center. In January 2004, staff solicited Request for Proposals (RFP) for professional services, with 11 qualified proposals received. Using a criteria and a score sheet, the potential contractors were narrowed down and after the interview sessions and deliberations, the firm of Becker Morgan Group, Inc. was chosen as the most qualified firm for the project. The RFP and selection process was reviewed with the Deputy City Solicitor, who verified that the City may proceed with Becker Morgan for “design services for site work, parking, storm water, and construction” of the project in accordance with Section 3.16(C) the City’s Purchasing Policy.
During their Regular Meeting of September 12, 2005, Council authorized the City Manager to begin design and construction of the West Side Recreation Center (during their Regular Meeting of September 26, 2005, Council approved the renaming of the center to the John W. Pitts Recreation Center).
In accordance with the proposed agreement submitted by Becker Morgan Group, Inc., compensation would be provided for services, as follows: 1) Civil Engineering and Survey - $44,000; 2) Architecture - $177,000; and 3) Geothermal System Design - $11,000. Staff recommended awarding the professional services contract for the City of Dover/John W. Pitts Recreation Center in the amount of $255,000 to Becker Morgan Group, Inc., which covers the total expenses and the 10% project reimbursable expenses.
Responding to Mr. Ruane, Mr. Moore of Becker Morgan Group, Inc., indicated that it should be anticipated to take approximately one (1) year for the design phase of the project and that hopefully construction would be complete by Spring 2007.
Mr. Sadusky moved to authorize the City Manager to enter into a Professional Services Contract with Becker Morgan Group, Inc. for the John W. Pitts Recreation Center for an amount not to exceed $232,000. The motion was seconded by Mr. Hogan and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ritter), and one (1) absent (Mrs. Williams).
ANNEXATION/REZONING REQUEST - FIRST READING - COLLEGE AND MCKEE ROADS, OWNED BY ANTOINE ASHBURN, ROBERT W. AND KAREN CHRISLER, AND JNK, LLC
A request was received for annexation and rezoning of property located on the northeast intersection of College and McKee Road, containing 3.5107+/- acres, owned by Antoine Ashburn, Robert W. and Karen E.S. Chrisler, and JNK, LLC. Staff recommended that the request be referred to the Planning Commission on January 17, 2006 and that a public hearing be set for February 13, 2006. City Clerk’s Office Note: The referendum was set earlier in the meeting resulting from the Utility Committee’s recommendation.
Mr. Carey moved for approval of staff’s recommendation and to acknowledge the first Reading of the rezoning ordinance by title only, seconded by Mr. Ritter and unanimously carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTHEAST INTERSECTION OF COLLEGE AND MCKEE ROADS, FROM RS-1 - SINGLE FAMILY RESIDENTIAL (KENT COUNTY) TO C/PO - COMMERCIAL/PROFESSIONAL OFFICE AND COZ-1 - CORRIDOR OVERLAY ZONE (CITY OF DOVER).
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of December 20, 2005.
Chapter 82 - Planning, Section 82-2 - City Planner
Mr. Hogan moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Slavin and unanimously carried.
Mr. Ruane reiterated his opposition to the amendment, noting that the current arrangement has been in place for 35 years and that none of the previous City Planners requested that such a change be made. He expressed concerns that the amendment will provide a City Manager the ability to inhibit or subordinate the objectivity of the City Planner.
Mr. Hogan moved for adoption of the following ordinance, seconded by Mr. Sadusky and carried by a roll call vote of six (6) yes, two (2) no (Mr. Ritter and Mr. Ruane), and one (1) absent (Mrs. Williams):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 82 - Planning, of the Dover Code be amended by deleting Section 82-2 - City Planner in its entirety and inserting in lieu thereof the following:
Sec. 82-2. City Planner.
There is hereby established the office of City Planner. The Director of Planning and Inspections shall serve as the City Planner who shall be selected by the City Council at its annual meeting, and employed at the pleasure of Mayor and Council. The City Planner shall be directly responsible to the Mayor and Council and shall report to the City Manager. This amendment shall be effective for six (6) months from the date of passage.
ADOPTED: JANUARY 9, 2006
COUNCIL MEMBERS COMMENTS
Mrs. Russell thanked staff for their support as a newly elected member of Council and requested everyone to be patient as she learns these new responsibilities.
Mr. Salters reminded members that the Martin Luther King, Jr. National Holiday Celebration will be held on January 16th, beginning with breakfast at 8:15 a.m. at the Modern Maturity Center and that there will be a separate program held at the Mt. Zion AME Church at 12:00 noon.
Mr. Hogan moved for adjournment, seconded by Mr. Ritter and unanimously carried.
Meeting Adjourned at 8:43 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of January 9, 2006, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Planning Commission Report - Rezoning Application for 130 Cherry Street