REGULAR COUNCIL MEETING
The Regular Council Meeting was held on December 12, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Fire Chief Bashista, 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. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Larry Baynard, House of Pride, expressed concern that, although there is adequate housing for families, there is not enough housing available for single people.
Mrs. Marion Harris, Director of the House of Pride, wished members a happy holiday.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Hogan and unanimously carried.
Mr. Hogan moved for approval of the Consent Agenda, seconded by Mr. Ruane and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF NOVEMBER 18, 2005
The Minutes of the Special Council Meeting of November 18, 2005 were unanimously approved by motion of Mr. Hogan, seconded by Mr. Ruane and bore the written approval of Mayor Speed.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 28, 2005
The Minutes of the Regular Council Meeting of November 28, 2005 were unanimously approved by motion of Mr. Hogan, seconded by Mr. Ruane and bore the written approval of Mayor Speed.
PUBLIC HEARING/FINAL READING - REZONING - PROPERTY LOCATED ON THE WEST SIDE OF SILVER LAKE BOULEVARD ADJACENT TO SILVER LAKE CONVALESCENT CENTER, OWNED BY PELKEN, INC.
A public hearing was duly advertised for this time and place to consider rezoning of property located on the west side of Silver Lake Boulevard adjacent to Silver Lake Convalescent Center, owned by Pelken, Inc. This property is currently zoned C-PO (Commercial/Professional Office) and the proposed zoning is RM-1 (Medium Density Residence).
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). The Planning Commission recommended approval of the rezoning request.
Public Hearing
Council President Williams declared the hearing open.
Mr. Greg Moore of Becker Morgan Group stated that the applicant proposes to build an upscale townhouse development compatible with the neighborhood. Responding to Mr. Hogan, Mr. Moore stated that there would be a tree buffer between the townhouses and Dover High School.
Council President Williams declared the hearing closed.
Mr. Ritter moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Carey and by a unanimous roll call vote, Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of October 24, 2005.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE WEST SIDE OF 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 C/PO (Commercial/Professional Office) to RM-1 (Medium Density Residence).
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/PO to RM-1 on that property located on the west side of Silver Lake Boulevard, owned by Pelken, Inc.
ADOPTED: DECEMBER 12, 2005
SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - NOVEMBER 29, 2005
A Special Parks, Recreation, and Community Enhancement Committee meeting was held on November 29, 2005 with Chairman Sadusky presiding.
Proposed Resolution - Puncheon Run Watershed Action Team
The City has been attempting to address a progressively worsening problem of property flooding in the Puncheon Run Watershed. This problem affects many residential properties in the Crossgates, Mayfair, and surrounding areas. Staff submitted a draft Resolution endorsing the formation of a Puncheon Run Watershed Action Team for the purpose of studying the hydrology of the watershed, development of a storm water model, recommending regional strategies and best practices for storm water management, and recommending physical improvements to resolve flooding.
Several residents of Crossgates, Mayfair, and the surrounding area relayed their concerns about the severity of the flooding and the impact future development will have on their neighborhoods.
During the committee meeting, Mr. Ruane noted that staff has provided the following typographical revisions and corrections: the deletion of the second “the lack of” from paragraph four; the addition of “some of” after “Whereas” in paragraph five; substituting “Woods” in place of “Meadows” in paragraph six; and the deletion of “County” from paragraph nine.
Mr. Koenig stated that he attended a meeting to discuss the number of studies undertaken involving the development of the watershed that included attendees from DNREC Soil & Water Division, DNREC Storm Water program, Kent Conservation District, City of Dover, and DelDOT. No one agency is taking the lead in this matter. DelDOT understands that they are a major contributor to this issue and are willing to participate financially. DNREC also has funding but does not have the project managers available. The two (2) problems recognized are: 1) the development issue from the railroad tracks west; and 2) a development and flooding issue from the railroad tracks to the Puncheon Run box culvert on Governors Avenue. Once the hydraulic study information is received, Mr. Koenig advised members that they can determine if the current storm water designs are creating a problem. Once this has been confirmed, then the flooding from the railroad tracks to the box culvert can be addressed and then the status of the stream from the box culvert to the river can be determined.
The committee recommended adoption of the resolution, as amended by adding another “Whereas” paragraph to read “Whereas the West Dover Connector Group supports the making of a comprehensive watershed study and an action plan to address flooding in the Puncheon Run watershed”.
By consent agenda, Mr. Hogan moved for approval of the committee’s recommendation. The motion was seconded by Mr. Ruane and, by a unanimous roll call vote, Council adopted the following Resolution:
WHEREAS, there is regular flooding of property in the Puncheon Run watershed that is progressively worsening; and
WHEREAS, individual storm water retention ponds have been established in recent years to manage storm water run off into this watershed; and
WHEREAS, these individual storm water retention ponds have been established without consideration of the cumulative effect of storm water run off from multiple developments and infrastructure improvements throughout the watershed; and,
WHEREAS, the lack of coordination and a watershed-wide assessment of the cumulative effect of these developments and infrastructure improvements may be contributing to the worsening flooding along Puncheon Run; and,
WHEREAS, some of the established storm water retention ponds are not being maintained and homeowner associations may not be able to maintain storm water retention ponds in the area of Puncheon Run; and
WHEREAS, new developments and infrastructure improvements in the watershed currently being considered, including the Eden Hill Farm Development, the Kesselring Farm Development, the Nottingham Meadows Subdivision; and, Governors Avenue Improvements and the proposed West Dover Connector, may threaten the watershed’s capacity and worsen the flooding conditions unless comprehensive and effective storm water management measures are put into place; and
WHEREAS, these new developments and infrastructure improvements provide opportunities for making significant improvements in storm water management if these improvements are based on a comprehensive study of the entire watershed area; and
WHEREAS, there is no clear intergovernmental leadership responsibility for conducting such a comprehensive study; and
WHEREAS, representatives from the State Department of Natural Resources and Environmental Control, Delaware Department of Transportation, Kent Conservation District, and owners of land in the watershed have recommended that a “Puncheon Run Watershed Action Team” be created to provide this intergovernmental leadership; and
WHEREAS, the West Dover Connector Group supports the making of a comprehensive watershed study and an action plan to address flooding in the Puncheon Run watershed.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the City of Dover endorses the formation of a Puncheon Run Watershed Action Team whose purpose would be to study the hydrology of the watershed, develop a storm water model, recommend regional strategies and best practices for storm water management, and recommend physical improvements to resolve flooding.
2. That the City of Dover serve as the lead agency for the Puncheon Run Watershed Action Team and authorize the City Manager or his representative to apply for funding for the work of the Puncheon Run Watershed Action Team.
ADOPTED: DECEMBER 12, 2005
Report by Mr. Zachary Carter - Status of John W. Pitts Recreation Center
Mr. Carter, Director of Parks and Recreation, advised members that a proposal from Becker Morgan Group, Inc. regarding the design, bid documents, and construction timeline for the new recreation center should be received this week. He noted that the cost estimate for this project is $2.9 million, which was based on the assumption of being a State bid. Bidding is anticipated to start this fiscal year and a meeting has been scheduled with Kent County in regards to their involvement in the program. Mr. Carter advised members that the County has the funds designated in their budget, Dover Downs will donate funds during the current and next fiscal year, and payments will be arranged with the Trusts involved. Fundraising efforts are continuing as this project continues to develop. Staff is awaiting the approval from the Kent Conservation District regarding the existing design of the storm water management area for Schutte Park.
Members requested that staff provide the committee with regular periodic updates on this project.
By consent agenda, Mr. Hogan moved for acceptance of the Special Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Ruane and carried by a unanimous roll call vote.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - NOVEMBER 29, 2005
The Safety Advisory and Transportation Committee met on November 29, 2005, with Chairman Hogan presiding.
Proposed Resolution - Endorsement of West Side Connector Option 5C
The City of Dover Comprehensive Plan and the Dover/Kent MPO Long Range Transportation Plan recommended studying the extension of Saulsbury Road due to persistent and fast-paced growth that contributes to existing and future traffic congestion on existing roadways and through local neighborhoods. The West Dover Connector project will study the feasibility of extending Saulsbury Road across what is currently the Eden Hill Farm and adjacent agricultural parcels making connections to New Burton Road and possibly to US 13. Because much of the land needed for such a roadway is undeveloped, the opportunity still exists to make improvements that best accommodate the area's multi-modal transportation needs. Alternative routes and concepts are being developed with the input and guidance of the West Dover Connector Working Group and a series of public workshops. The Delaware Department of Transportation (DelDOT) and its project team is working with neighborhood and community officials, schools, local government leaders, concerned citizens, federal and state environmental and cultural resource agencies, and others to develop options that meet the diverse needs of the community. A preferred alternative will be selected for which conceptual plans will be developed.
The purpose of the West Dover Connector Working Group is to provide advice to DelDOT regarding the West Dover Connector. The role of the Group is to assist DelDOT by providing input, making suggestions, reviewing alternatives, narrowing the range of alternatives, recommending alternatives that will receive detailed study, and recommending preferred alternatives. The Group will help in developing a consensus and gaining public comment and acceptance.
Members were provided a draft resolution endorsing West Side Connector Alternative Concept Option 5C. Mr. Ruane noted that five (5) options are moving forward for further study by DelDOT. He noted that this issue has been under consideration for some time and, for planning purposes and to move forward with other projects in the City, it is time to let potential developers and other concerned parties know what the City’s position is with regard to the West Dover Connector. Mr. Ruane advised members that the City representatives appointed to serve on the Working Group (Councilmen Ruane, Sadusky, Salters, Mayor Speed, Mr. DePrima, and Mr. Carter) support Option 5C, which is also favored by the neighborhood associations in the area.
Mayor Speed suggested amending the last sentence in paragraph four (4) by changing “. . . would require the acquisition of only a moderate number of homes” to “. . . would impact the fewest number of existing homes” and in paragraph seven (7) changing “. . . in allowing additional land” to “. . . , making additional land available for”.
The committee recommended adoption of the Proposed Resolution - Endorsement of West Side Connector Option 5C, as amended.
By consent agenda, Mr. Hogan moved for approval of the committee’s recommendation. The motion was seconded by Mr. Ruane and, by a unanimous roll call vote, Council adopted the following Resolution:
WHEREAS, the Delaware Department of Transportation has been leading a West Dover Connector Working Group since April 2004 for the purpose of improving mobility across the Norfolk Southern (NS) Railroad Line to and from the west side of Dover and to the south side of Dover, to reduce traffic congestion and improve public safety; and
WHEREAS, after numerous meetings and analysis, the Delaware Department of Transportation has retained five alternative concepts for further study including Alternative Concepts #1, #4, #5C, #7C, and #7D; and
WHEREAS, Alternative Concept #5C would extend Saulsbury Road to the south over Puncheon Run and the rail spur, west of New Burton Road, with a grade separation over the NS Railroad and New Burton Road, with multiple options for crossing the Kesselring Farm east of New Burton Road and connecting US 13 via Charles Polk Road; and
WHEREAS, Alternative Concept #5C has no impact on the existing homes, churches, and schools on either Webbs Lane or Wyoming Avenue, has the least impact on New Burton Road restoring it as a local collector road, not an arterial highway, and would impact the fewest number of existing homes; and
WHEREAS, Alternative Concept #5C would significantly reduce cut-through traffic, especially along Kesselring Avenue and Webbs Lane, reduce traffic volumes along Camden-Wyoming Avenue; and provide a direct connector to US 13; and
WHEREAS, Alternative Concept #5C, by providing a grade-separated crossing of New Burton Road and the NS Railroad would improve public safety by reducing fire, police, and emergency service response times; and
WHEREAS, Alternative Concept #5C has the least impact on the Kesselring Farm west of the NS RR Line and Eden Hill Farm making additional land available for superior and more creative residential developments, including Traditional Neighborhood Developments, that support intermodal transportation; and
WHEREAS, Alternative Concept #5C allows for interconnectivity of parks in the area, particularly Schutte Park and Brecknock Park, and offers protection of the City of Dover’s water and sewer utilities and their respective franchise areas without impacting the Mayfair Electric Substation; and
WHEREAS, Alternative Concept #5C will help establish a defined southern boundary for the City of Dover, meets all of the essential traffic performance goals of the project, and was one of only two concepts that were recommended by both the Working Group and the Project Team.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the City of Dover endorses Alternative Concept #5C as being the most appropriate for the West Dover Connector.
ADOPTED: DECEMBER 12, 2005
Review of Dover Human Relations Commission Recommendations
Members were provided a letter dated October 7, 2005 from Dr. Samuel Hoff, Chairman of the Dover Human Relations Commission, containing recommendations to address the grievances of a New Street residence as follows:
Continue increased patrolling (by foot, bicycle and vehicle) by the Dover Police Department
Captain Lester Boney, City of Dover Police Operations Division Commander, stated that Weed and Seed Grant money funds a two-man foot patrol that works the downtown Weed and Seed area several times a week. Members were provided statistics related to the enforcement action taken by the two-man foot patrol between January 2005 and November 2005. He also noted that the Quality of Life Task Force will be implemented on January 15, 2006, which should allocate additional resources to certain problem areas throughout the City.
Regarding the complaint that the Police Department is not responding to complaints, Captain Boney advised members that in the areas of North New Street, Division Street, Fulton Street and North Governors Avenue between May 1 through November 25, 2005 there were 55 arrests which included 29 wanted subjects, 18 drug arrests, one (1) arrest for burglary, one (1) arrest for assault, one (1) arrest for resisting arrest and five (5) arrests for prostitution. There have been 247 complaints called in for this area by one (1) individual this year. Captain Boney advised members that he has met with the complainant on numerous occasions. Mr. Ritter stated that one of this individual’s constant complaints is regarding loud noise. Captain Boney noted that 42 loud noise summonses have been issued in the Weed and Seed area and most were during the summer months when the Quality of Life Task Force was set up. This task force will be implemented again January 15, 2006 and should address this area more effectively. Captain Boney also noted that he was contacted by Mr. David Anderson regarding this issue and both thought it would be a good idea to start a neighborhood watch program.
Establish a policy where tenants who are chronic offenders of City codes are reported to their landlords for punitive actions
Captain Boney stated that the Police Department currently has a Tenant Noise Policy in place. The officers currently issue Dover City Ordinances to individuals who have residences where a complaint is called in or an officer hears loud noise while driving by. The citations for noise violations are forwarded to the Inspections Department and, once two (2) violations are received, the process for eviction begins.
Establish a policy where City agencies that are requested to appear before the Commission in response to a citizen concern be directed to do so in order to provide their insight into the matter and demonstrate that the City is wholeheartedly in support of maintaining a high quality of life for all of its residents.
Mr. Hogan advised members that during their November 28, 2005 meeting, Council considered a proposed ordinance amendment to Chapter 58 - Human Relations Commission, Section 58-36 - Powers and Duties (Authority to Require Representatives from City Agencies to Appear at Hearings) which was proposed to address this recommendation. It was the consensus of members that, rather than adopting an ordinance to require City agencies to appear before the Commission, Council reiterated its support for the Dover Human Relations Commission and made it clear that Council expects representatives of City agencies to give their full cooperation. It was also suggested that Council reaffirm the Commission's mission and process.
Establish a registry of nuisance properties and develop procedures for revocation of rental licenses for repeat offenders of felonious activities.
Chief Horvath stated that currently, a drug violation with a conviction or two (2) noise violations with convictions within a year results in eviction. He interpreted the recommendation as involving a more extensive list of crimes deeming the property a nuisance property. Chief Horvath suggested that an ordinance could be developed to define what a “nuisance property” would be in the City of Dover and a registry could be maintained by the Department of Planning and Inspections.
The committee recommended acceptance of the report.
By consent agenda, Mr. Hogan moved for approval of the committee's recommendation, seconded by Mr. Ruane and carried by a unanimous roll call vote.
Briefing on DelDOT Projects - Gary Laing
Due to the absence of Mr. Laing, the Briefing on DelDOT Projects was not presented.
By consent agenda, Mr. Hogan moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Ruane and carried by a unanimous roll call vote.
MAYOR’S MONTHLY REPORT - OCTOBER 2005
By consent agenda, Mr. Hogan moved for acceptance of the Mayor’s Report for October 2005, seconded by Mr. Ruane and carried by a unanimous roll call vote.
EVALUATION OF BIDS - HORSEPOND SUBSTATION - VOLTAGE REGULATORS
In the spring of 2005, the yearly substation oil test was performed by S.D. Myers. Test results for the regulators on the Horsepond 600 Transformer indicated an equipment installation breakdown, which will result in equipment failure and a large and lengthy power outage. The 600 Transformer currently feeds 400+/- customers and represents 1/3 of the Horsepond Substation load. The circuits feed Kitts Hummock, Pickering Beach, Little Creek, and the Kent County Aero Park.
Requests for proposals for the purchase of three (3) voltage regulators were received, each containing two (2) load loss options - one being a high loss option and being a low loss option.
Staff recommended awarding the bid to the lowest bidder, Cooper Power Systems, in the amount of $28,908, subject to the successful and timely completion of the formal contracting process.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
EVALUATION OF BIDS - 69KV BREAKER REPLACEMENT
The Electric Department introduced replacing the oil filled breakers in the 2000/2001 budget year. The project was funded in the 2005/2006 budget and is a multi-year project ending in 2009/2010.
The purpose of this project is to replace all oil filled breakers with SF6 gas breakers. The existing breakers in the field have reached expected equipment life and are due to be replaced. In addition to replacing the aged oil filled breakers with SF6 gas, the project will reduce the environmental costs associated with record keeping and oil spills.
Staff recommended awarding the bid for the purchase of four (4) 69KV breakers to the low bidder, Siemans Power T&D/NTS, in the amount of $131,200.
Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
EVALUATION OF BIDS - 60 KW STANDBY GENERATOR
In Fiscal Year 2006, the Department of Public works budgeted $40,000 for generator replacements at two (2) City pumping stations (Delaware State University and Del Tech) assuming $20,000 per generator. These are listed as “Miscellaneous Equipment” in the project budget on page 160 (CIP sheet) of the 2005-2006 Operating Budget. Staff may recommend the purchase of the second generator at a later date. The low bid is $7,565.00 above the original estimate for this purchase; however, staff recommended moving forward with the purchase.
Staff recommended awarding the bid for the replacement of the existing standby generator located at the Del Tech Sanitary Sewer Pumping Station to the low bidder, Tudor Electric, Inc., in the amount of $27,565.00 for the purchase and installation of one (1) 60KW standby generator.
Mr. Salters moved for approval of staff’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of November 28, 2005: Revised Budgets for Fiscal Year 2005/2006.
Mr. Hogan moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Hogan moved for adoption of the proposed ordinances - Revised Budgets for Fiscal Year 2005/2006 (Exhibit #2), seconded by Mr. Carey and carried with seven (7) yes and one (1) no (Mr. Ritter).
COUNCIL MEMBERS COMMENTS
Council President Williams reminded members that the next meeting will be held on Tuesday, December 20, 2005 at 7:30 p.m. She also noted that the Special 4th District Election would be held tomorrow, Tuesday, December 13th from 7:00 a.m. to 8:00 p.m. at the new Elk’s Lodge, 200 Saulsbury Road. Council President Williams noted that the new Council member would be sworn in at the meeting on December 20th.
Councilman Ritter wished everyone a merry Christmas and a happy new year. He also congratulated Wesley for the fine job their football team did this year.
Councilman Salters invited all the 4th District registered voters to participate in the election, noting that there were four (4) outstanding candidates.
Mr. Carey moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 7:50 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of December 12, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Petition to Amend Zoning District - Property located on the west side of Silver Lake Boulevard
Exhibit #2 - Proposed Ordinances - Revised Budgets for Fiscal Year 2005/2006