REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 9, 2001 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. McGlumphy, Mr. Pitts, Mr. Gorman, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, and Mr. Weller.
Council staff members present were Chief Horvath, Ms. Russell, Mr. O'Connor, Mr. DePrima, Mrs. Mitchell, Fire Chief Bates, Mrs. Green, and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. 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.
Dr. Sam Hoff, 813 Maple Parkway, suggested that the Mayor and members of Council consider honoring fallen firefighters who have made the ultimate sacrifice on behalf of their citizenry. He mentioned a recent newspaper picture and article of Representative Castle, along with the family of a Delaware fireman who recently lost his life in the line of duty. Dr. Hoff stated that the article mentioned that Representative Castle was initiating a Bill in Congress to establish a National Day of Recognition for Fallen Firefighters. He provided copies of the article for distribution to members, which included the proposed content of the Bill and statistics regarding the number of firefighters who have lost their lives in the line of duty. Dr. Hoff suggested that Council support the efforts of Representative Castle and consider endorsing the issuance of a Proclamation by the Mayor for this meritorious issue in the City of Dover.
Council President Christiansen indicated that some members of Council recently met with Representative Castle in Washington, D.C., at which time this matter was discussed. He assured Dr. Hoff that his suggestions would be taken into consideration.
Mr. Eugene Ruane, 122 Shadow Court, stated that during his campaign, he had the opportunity to visit many homes throughout the City and observed many that are in dire need of repairs. He advised members that there is a program entitled “Neighborhood Revitalization Fund” that the State of Delaware initiated. The program was established by Governor Carper’s 21st Century Fund with the purpose of providing loans to low and moderate income families so that repairs could be made to meet Code. He stated that the monies can be used for heating, electrical, plumbing, and structural problems, as well as making units handicapped accessible.
Mr. Ruane explained that a local community organization applied for the funds with the City’s support. As a result, $735,000 was allocated to Dover. He was recently advised that since there has been low utilization of the allocated funds, the Delaware State Housing Authority is considering withdrawing the remainder of the designated funds from Dover. He suggested that the City contact the Delaware State Housing Authority, as an applicant, in order for the funds to remain allocated to Dover.
Mr. Ruane advised members that this was originally a State funded loan program and that it is now a grant program, which he felt would make it more appealing to residents. If the City is provided with the remaining allocated funds, he suggested that the program be expanded beyond the downtown Dover area and that the citizens be notified of this opportunity to improve their homes.
The Open Forum Adjourned at 7:25 P.M.
The invocation was given by Chaplain Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Gorman moved for approval of the agenda, seconded by Mr. Truitt and unanimously carried.
ADOPTION OF MINUTES - EMERGENCY COUNCIL MEETING OF MARCH 25, 2001
Mr. Salters requested that the minutes of the Emergency Council Meeting of March 25, 2001 be corrected by striking “NAACP” on page 1 as noted under comments made by Mr. Darian Powell.
The Minutes of the Emergency Council Meeting of March 25, 2001, as amended, were unanimously approved by motion of Mrs. Malone, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 26, 2001
The Minutes of the Regular Council Meeting of March 26, 2001 were unanimously approved by motion of Mr. Carey, seconded by Mr. Weller and bore the written approval of Mayor Hutchison.
PRESENTATION BY PNC BANK - WINTER ON THE GREEN
On behalf of PNC Bank, Mr. Jeff Joseph (Regional Manager) and Mrs. Cathy Marker (Dover Branch Manager) presented the City with a picture entitled Winter on the Green by Mr. William Dawson (print #1 of #950). Mr. Joseph advised members that each year for the last 13 years PNC Bank has commissioned local artists to provide a painting of places in Delaware with historical significance and special beauty. He stated that there are a limited number of prints made and that the paintings are used by PNC for items such as statement “stuffers” and holiday cards.
Mayor Hutchison thanked Mr. Joseph and Mrs. Marker for the donation on behalf of members of City Council and the citizens of Dover and assured them that the Print would be displayed in City Hall with pride.
PROCLAMATION - DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST
The City Clerk read the following Proclamation into the record:
WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945; and
WHEREAS, Jews were the primary victims - six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah’s Witnesses, Soviet prisoners of war and political dissidents, also suffered grievous oppression and death under Nazi tyranny; and
WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and
WHEREAS, this year’s theme, “Remembering the Past For the Sake of the Future” marks the 60th Anniversary of the beginning of the genocide of European Jews; and
WHEREAS, we the people of the City of Dover should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny while actively rededicating ourselves to the principles of individual freedom in a just society; and
WHEREAS, the Days of Remembrance have been set aside for the people of the City of Dover to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and
WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates of Days of Remembrance of the Victims of the Holocaust to be Sunday, April 15 through Sunday, April 22, 2001, including the international Day of Remembrance known as Yom Hashoah, April 19.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim the week of Sunday, April 15, 2001 through Sunday, April 22, 2001, as DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizen of the City of Dover should strive to overcome intolerance and indifference through learning and remembrance.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 421 AND 425 W. DIVISION STREET, OWNED BY HOLY TABERNACLE CHURCH OF LOVE
A public hearing was duly advertised for this time and place to consider the rezoning of property located at 421 and 425 W. Division Street, owned by Holy Tabernacle Church of Love. The property is currently zoned C-1A (Limited Commercial) and the proposed zoning is C-2 (Central Commercial).
Planner's Review
The present zoning of C-1A permits retail stores and service establishments, single family and two family residences, banks, and offices. The zone excludes excessive traffic generating uses, service stations, and drive-in uses and conditionally permits planned senior housing developments. The property is currently a vacant residence.
The proposed zoning of C-2 permits retail, financial institutions, theaters and restaurants, art galleries and studios, hotels, photocopy and film processing shops, formal wear rental, travel agencies, and optometrists. Personal service stores and offices are permitted except on Loockerman Street between New Street and State Street where these uses are conditionally permitted. Conditionally permitted throughout the zone are apartments above second floors, laundry pickup and Laundromats, social service agencies, printing establishments, manufacturing subject to conditions, commercial parking, houses of worship, youth and fraternal clubs, and charitable organizations. The proposed use of the property is for a church.
The recommendation of the Planning Commission is for approval. In taking this position, the Commission considered the following points:
Surrounding Land Uses: To the north and behind the property is residential property zoned RG-1 (General Residential). To the east, south, and west, along W. Division Street is a mix of residential, commercial, and institutional uses zoned C-1A.
Comprehensive Plan: The project area is designed “Downtown Mixed Use” in the 1996 Comprehensive Plan. The Plan calls for the promotion of zoning districts and regulations that support the traditional mixed-use nature of the downtown. A church would be considered a traditional downtown use and supports the idea of the downtown being the cultural center of the community. In the C-2 zone, a house of worship is considered a conditional use.
Other Considerations: The request represents a lateral rezoning from one commercial zone to another. The request is made because the current C-1A zone does not permit churches, whereas, the C-2 zone does allow churches as a conditional use. The C-2 zone is traditionally a use along Loockerman Street and has not been used on Division Street, although it has been used in a few areas outside of Loockerman Street.
Recommendation of Planning Staff: Considering that the proposal is consistent with the Comprehensive Plan and is compatible with most of the surrounding land uses, staff recommended approval of the rezoning.
Public Hearing
Council President Christiansen declared the hearing open.
There was no one present to speak for or against the rezoning.
Council President Christiansen declared the hearing closed.
Mr. Salters moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mrs. Malone 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 March 26, 2001.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 421 AND 425 W. DIVISION 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 C-1A (Limited Commercial) to C-2 (Central Commercial).
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-1A to C-2 on that property located at 421 and 425 W. Division Street, owned by Holy Tabernacle Church of Love.
ADOPTED: APRIL 9, 2001
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 26, 2001 with Chairman Salters presiding.
Review of Capital Investments Plan (CIP)
Members reviewed the Fiscal Year 2002 update to the City of Dover Capital Investment Plan (CIP) for Fiscal Years 2002/2006. Staff prepares a five-year CIP every three (3) 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 committee was advised that the capital projects scheduled to begin next year total $7.4 million, which is an increase of approximately $3 million (67.8%) from Fiscal Year 2001. This increase is primarily due to increased work efforts planned in the areas of Electric Substation and Transmission. The increased expenses are funded from the Electric Depreciation Reserve and Future Capacity Funds. The CIP also contains proposed vehicular/equipment purchases of $1.3 million over the next year, which is an increase of approximately $169,000 from Fiscal Year 2001. This increase is due to the proposed purchase of heavy equipment in the Construction and Streets Division.
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. Funding is committed only when a project or equipment purchase has been budgeted and approved by City Council.
The committee recommended acceptance of the Fiscal Year 2002 Capital Investments Plan as presented.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone and unanimously carried.
Purchase of Weyandt Hall
Members were advised that discussions have been held with the Downtown Dover Development Corporation (DDDC) regarding the purchase of Weyandt Hall. The City already maintains the building and provides all record keeping services to the DDDC for rents and expenses. The City occupies and pays rent for a considerable amount of office space. Currently, the DDDC has an outstanding debt service in the amount of approximately $1,460,540 of which $880,317 is for a loan from the Electric Improvement and Extension Fund.
The DDDC has given the City an option to purchase Weyandt Hall for $2,000,000. As a part of the purchase, the DDDC would also like to include the Slaughter Street Park to assist with their development program for the west side of Loockerman Street. They have agreed to give back $75,000 of the purchase price towards the Parkland Reserve. The financing for the purchase would be as follows:
Purchase Price $2,000,000
Bank Loan Payoff $ 580,000
Assumption of Electric Improvement
And Extension Fund Loan 880,317
Slaughter Street Park Purchase 75,000
Balance of Proceeds due to DDDC 464,460
Total Financing by the General Fund $2,000,000
It was noted that all rent receipts would be deposited into the General Fund, and a budget line item would be established for those revenues. Accrued interest on the Electric Improvement and Extension Fund Loan has been updated through February 28, 2001.
Members were advised that there have been several means of acquiring an appraisal of Weyandt Hall. The City’s previous Finance Director/Treasurer, Mr. Karia, conducted two (2) methods of appraisals: 1) replacement cost - $2,380,000; and 2) Marshall Valuation Method - $2,085,200. In addition, an outside appraisal from Chabbott Petrosky Commercial Realtors, LTD has been received and indicated an appraised value of approximately $2,100,000. It was noted that an additional outside appraisal was requested from G.M. Records, Inc. which should be received prior to this matter being considered by Council. Staff felt that the appraisal from Chabbott Petrosky Commerical Realtors, LTD and the in-house appraisals justify the proposed purchase price and recommended approval of the purchase of Weyandt Hall.
During the committee meeting, Mr. Eugene Ruane of 122 Shadow Court addressed members and noted that the proposed purchase would deplete the working capital in the General Fund, which could jeopardize its carry forward balance. Since the services provided by the City from the Weyandt Hall facility is for electric service, he suggested consideration of funding the purchase, at least partially, through the Electric Fund.
The committee tabled the matter until receipt of the additional appraisal.
During the committee meeting held earlier this evening, Mr. Salters reported that this matter was removed from the table and reconsidered. He indicated that the appraisal conducted by G.M. Records, Inc. was received and that it indicated a value of Weyandt Hall in the amount of $2,375,000. Considering the previous concerns of members, staff presented alternatives for funding the purchase of Weyandt Hall and recommended approval of the purchase of Weyandt Hall, at a cost of $2,000,000 less the $75,000 for the Slaughter Street Park, with the General Fund borrowing the funds from the Improvement and Extension Fund as an inter-fund loan. Mrs. Mitchell explained that since the park is currently an asset of the General Fund, there is no borrowing required. The loan proceeds would be used to pay off the Wilmington Trust Loan, the DDDC Loan to the Electric Improvement and Extension Fund, and pay DDDC the net of the purchase price and the loan payoffs.
Mrs. Mitchell, Finance Director/Treasurer, explained that the General Fund rent receipts will be used to pay the Electric Improvement and Extension Fund Loan, which would take approximately seven (7) years. She stated that this option will eliminate the budget balance reduction of $1,131,920 as included in the budget revision recently passed by Council; therefore, the General Fund budget balance increase to $1,621,359.
Mr. Gorman indicated that the appraisals and the funding alternative, as recommended by staff, clarifies previous questions and concerns he had with the proposed purchase.
Mrs. Mitchell explained that the amounts provided are approximate and that it will be necessary to update the accrued interest and finalize the bank loan payoff amount based on the actual settlement date.
Mr. O’Connor explained that at this time, approval is requested for the purchase of Weyandt Hall at a purchase price of $2,000,000. The proceeds will be distributed once settlement has occurred.
Council President Christiansen requested that the amounts of the final distributions be provided to Council as soon as possible following settlement.
The committee recommended approval of the purchase of Weyandt Hall, at a cost of $2,000,000, with the General Fund borrowing from the Improvement and Extension Fund as an inter-fund loan, with the amounts of the final distributions to be determined and provided to Council as soon as possible following settlement.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mrs. Malone and unanimously carried.
ANNUAL REPORT - ROBBINS HOSE COMPANY
Mrs. Malone moved for acceptance of the Annual Report of the Fire Chief for Robbins Hose Company for 2000, seconded by Mr. Carey and unanimously carried.
Members of Council expressed their appreciation to the volunteers of the Robbins Hose Company for their dedicated service to the citizens of Dover.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of March 26, 2001.
Chapter 3 - Advertising and Handbills, Section 3-1 - Definitions
Mrs. Malone moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Weller and unanimously carried.
Mr. Carey moved for adoption of the following ordinance, seconded by Mr. Truitt and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 3 - Advertising and Handbills, Section 3-1 - Definitions, of the Dover Code be amended by eliminating the definitions for “Billposter” and “Handbill distributor”.
ADOPTED: APRIL 9, 2001
Mr. Carey moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 7:58 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of April 9, 2001, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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