REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 28, 2000 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mr. Salters, and Mr. Weller. Mrs. Malone was absent.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, 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.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Pastor Vladimir Corea, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 14, 2000
The Minutes of the Regular Council Meeting of February 14, 2000 were unanimously approved by motion of Mr. Salters, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PROCLAMATION - EMPLOYEE APPRECIATION DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, the City of Dover employees work diligently for all our citizens; and
WHEREAS, the employees of the City of Dover strive daily, through their dedication and hard work, to promote Community Excellence Through Quality Service; and
WHEREAS, it is due to the high productivity and accomplished efforts of our employees that the citizens of Dover are able to enjoy one of the lowest utility and tax rates in this region; and
WHEREAS, the City of Dover values its employees, recognizing that every member of the work force - from meter reader to engineer, laborer to policeman, dispatcher to secretary - is an integral part of the day to day operations of the City of Dover and its success is due largely to the pride and efforts of its employees.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim Friday, March 10, 2000, as CITY OF DOVER EMPLOYEE APPRECIATION DAY, in recognition of the dedication and hard work of City of Dover employees, and ask the citizens to participate in this event by taking a moment to thank a City of Dover employee for their outstanding service to our community.
Council President Christiansen urged members to participate in the employee appreciation presentations scheduled to be held at various locations and times on March 10th.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on February 14, 2000 with Chairman Salters presiding.
City of Dover Web Browsing Policy
The City of Dover has established an Internet access (Web Browsing) system that consists of equipment and software that is networked across City buildings and is linked to the Internet and the World Wide Web. The Internet is a worldwide network of computers that contains millions of pages of information. The City of Dover recognizes the value and importance of access to the Internet and the World Wide Web. The World Wide Web contains an enormous amount of valuable data, resources, and knowledge that can be very beneficial in a work environment. Users are cautioned that many web sites include offensive, sexually explicit, and inappropriate material. In general, it can be difficult to avoid at least some contact with this material while using Internet web browsing services.
Users accessing the Internet do so at their own risk, and the City of Dover is not responsible for material viewed or downloaded by users from the Internet. To minimize these risks, staff has implemented a software application that will provide limited protection from accessing, reviewing, or downloading material that may be offensive. This software will significantly reduce the chances that a user will have the ability to access an inappropriate site. However, this cannot be guaranteed due to the fact that hundreds of new web sites are added to the World Wide Web daily.
In order to protect employees and the City from misuse of Internet access, staff has developed a Web Browsing Policy. Mr. O’Connor, City Manager, explained that as technology advances, policies on the use of systems that help in job performance and efficiency become very important for all concerned. He advised members that the proposed policy provides guidelines and that each employee will be required to read and sign a consent form acknowledging their understanding and willingness to comply with the policy.
As suggested by Mr. Lambert, the committee felt that, as with the E-Mail Policy, there should be a one-year review of the policy.
The committee recommended acceptance of the Web Browsing Policy, to be reviewed in one (1) year.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Leary and unanimously carried.
Proposed Revised Budgets for Fiscal Year 1999/2000
The City revises its budgets to reflect the changing needs of its operating departments and to include fluctuations in revenues. The Finance Director/Treasurer submitted the second proposed revisions to the 1999/2000 budget.
The committee recommended acceptance of the proposed budget revisions.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Proposed Ordinance Amendments - Create Rental Housing Inspection Program and Permit Fees
During the Council Retreat, held on October 14, 1999, staff was directed to investigate the possibility of requiring rental licenses and limiting rental properties. Subsequently, staff prepared a rental housing questionnaire for Council and Legislative and Finance Committee members in order to narrow the scope of the investigation. The questionnaire showed strong support for enhanced rental housing inspections. In accordance with the results, staff recommended amendments to Chapter 10 - Lodging Housing and Rental Housing, that will accomplish the following:
♦Require annual inspections of all rental properties including single family homes, duplexes, and townhouses.
♦Establish permit fees that would cover the cost of increasing the workload of the Inspections Department, and recover an additional 10% for overhead expenses for services and costs incurred by other departments. Annual per unit fees generally relate to the size of the unit as follows:
Single family detached $100
Single family attached $ 80
Mobile Home $ 80
Two Family House $ 80
Apartment $ 40
Hotel\Motel\Dorm $ 10
♦Require that property owners who live outside of Kent County have a designated rental agent licensed with the City.
♦While it was not a part of the survey, staff also included penalties for non-payment, and fees for reinstatement of a permit. Also added were definitions, purpose and applicability clauses, and the suspension section was clarified.
According to the survey, Council supported the idea of establishing a regular program of charging fees for monitoring and inspecting vacant and abandoned buildings. This program is being developed separately and will be forwarded in the near future. Council also supported licensing and inspecting rental property for commercial buildings. Staff recommended consideration of this item after the housing program has been expanded and in operation for some time since it would be an overwhelming task.
In order to implement the program, committee members were advised that the current compliment of two (2) property maintenance inspectors would need to be increased to five (5). Under this scenario, the City would be divided into four (4) separate sections. An inspector would be assigned a section and would be responsible for rental inspections, as well as other code enforcement in that area (i.e. high grass, abandoned cars, trash, etc.). The fifth inspector would work with the Fire Marshal on larger buildings such as hotels, motels, dormitories, and large apartment complexes; this inspector would also serve as a back up when other inspectors were absent, or in areas where special attention is necessary.
Permit applications for multiple dwellings would be mailed out mid-March (this is usually done on March 1st, however, mailing would have to be delayed pending final approval of the ordinance changes). In addition, registration of single family rental units would start shortly after multiple housing permits were mailed. Revenue collected this fiscal year would recover the initial start up costs for the new inspectors, their cars and equipment.
Staff recommended hiring the first inspector in March, and the second in April or May. The last inspector would be hired in the next fiscal year. The first inspector is needed as soon as possible to help lay the groundwork for the new program (registering single family rental units, amending computer programs, answering questions, creating form letters, schedules, files, etc). By the time the second inspector is hired, inspections would have begun. The program should be completely operational by the end of the year.
A table with cost and revenue projections for the program was provided to members. The estimated annual cost for the five (5) inspectors, including administrative support and a 10% service overhead charge, is $290,565. This is a fairly liberal estimate that assumes five (5) inspectors, fringe benefits, supplies, uniforms, equipment and capital costs (auto, furniture, radios, and computers).
The estimated revenue from the proposed increase in fees is $285,820. Mr. DePrima believes that this is a conservative number since the single-family estimates are based on the 1990 census and these numbers have probably increased. The apartment counts and hotel\motel\dorm counts are based on current permitted units. Also not counted were a number of new hotel rooms (Dover Downs) and apartment buildings (Village of Cannon Mill).
Based on a liberal cost estimate and a conservative revenue estimate, the fee schedule is balanced with the cost of providing the services. With respect to the cash flow, staff expects most of the multiple dwelling permit fees collected this fiscal year ($170,000), and 15% of the single units ($17,300). By next fiscal year, all of the single-family units should be accounted for. According to Mr. DePrima, the proposed increase in the property maintenance inspections will also be beneficial to the construction inspections program. There currently is one (1) inspector that splits their inspections by spending half their time doing housing inspections, and half doing construction inspections. The near future demand for construction inspections (Dover Downs Hotel, Dover Crossing, Amberfield Development, Village of Cannon Mill, and Four Seasons) will require a full time construction inspector. The additional housing inspectors will allow for this to occur. In addition, having the fifth inspector assist the Fire Marshal will allow a current inspector to spend more time for commercial construction plan review and inspections.
During the committee meeting, there were several representatives of the real estate community, college, hotels, and other interested parties that relayed concerns regarding the proposed ordinance amendments. It was requested that meetings be held with staff to discuss these concerns prior to the proposed amendments being forwarded to Council.
After much discussion, the committee recommended that the matter be referred back to staff for further review, focusing on the concerns of all involved parties, for a report back to the committee within 30 days.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Leary and unanimously carried.
Proposed Ordinance Amendments - Various Code Updates Related to Inspections (Dangerous Building Code Enforcement, Construction, Fire, and Housing)
Mr. DePrima, City Planner, submitted proposed amendments to various sections of the Dover Code in order to update the City’s dangerous building code enforcement, and construction, fire prevention, and housing codes.
Mr. DePrima explained that the proposed amendments to Sections 5-16, 5-56, 5-71, 7-56, and 10-1 updates the construction, fire prevention, and housing codes that will adopt the latest versions published by the Building Officials Code Association (BOCA).
Mr. DePrima stated that the proposed amendment to Section 1-2 updates the definitions of agent, owner, and persons making it clear that members of partnerships, and officers and agents of corporations can be held responsible for violations and penalties. It also adds the “agent” definition that covers executors, administrators, and trustees of estates or owners. The former language did not list officers and members of partnerships as being responsible for violations of the code, and did not cover those people who are responsible for trusts and estates. Mr. DePrima reminded members of the recent “Ingram” case, whereby the courts were reluctant to issue warrants against Mr. Ingram because his properties were held in the name of a corporation. The City had to prosecute him as an agent for the property, and were only able to do so because he signed a building permit.
The proposed amendment to Section 5-86 adds construction sites that have been left unfinished or abandoned for three (3) months or more to the list of definitions of a “dangerous” condition. This amendment is also the result of the “Ingram” case. Despite efforts to prosecute this matter as a violation of City Council orders, the Judge wanted the City to prove beyond a doubt that it was an unattended and vacant dangerous building.
Mr. DePrima stated that the Fire Safety Standards Committee has forwarded the proposed amendment to Section 7-6, which will prohibit open burning in multiple family dwellings, and further regulates the location of charcoal and gas grills.
The committee recommended adoption of the proposed ordinance amendments.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on February 14, 2000 with Chairman Lambert presiding.
Request for Street Waiver - Proposed Service Road for Dover Crossing Center
Subdivision Regulations, Appendix A of the City Code, Article VI, Section A, specify a street pavement width of 38' within a 60' right-of-way with no variation given for whether on-street parking is controlled. A petition to waive certain subdivision street design standards has been received for a service road for the Dover Crossing Center that is to run from East Loockerman Street to South Little Creek Road. The service road will link the proposed “Target” retail store and the proposed “Safeway” grocery store with four (4) existing restaurants (Burger King, Kentucky Fried Chicken, Taco Bell, and La Tolteca). The street waiver requests are summarized as follows:
1)Waiver from the 60́ minimum right-of-way requirement, to permit a 30́ - 40́ right-of-way width.
2)Waiver from the 38́ paved width for public streets, to permit a paved width of 24́.
The Planning Commission recommended approval of the street waiver request. In making its decision, the Planning Commission considered the developer’s original proposal to the Development Advisory Committee for the project to be served by a private road that would run in a north-south direction from East Loockerman Street to South Little Creek Road. The north end of the road would continue to serve the fast food restaurants, then make an “S” curve and run southerly along the eastern boundary of the property behind the proposed Target store and supermarket.
After reviewing the private road layout, the D.A.C. made several recommendations to improve the alignment, which the developer incorporated into the latest plan. The most significant comment made by the D.A.C. was that the private road should be made into a public road. The reason for the request is so the City could control traffic signs, speed limits, traffic enforcement, and maintenance. Since this road would be in the nature of a service road with no on-street parking, the D.A.C. members recommended a minimum right-of-way of 30' and paving width. The plan shows a right-of-way that varies from 30' to 40'. The proposed paved roadway width is 24', providing for two (2) 12' travel lanes. The accompanying sidewalk and utilities will be located outside of the public right-of-way in a public easement area.
While staff supports the minimum 30' right-of-way, the Subdivision Regulations (Article VI, Section A-13) does not provide standards for commercial service roads, therefore, City Council waivers of the street standards will be required. Mr. DePrima informed members that if the waivers are not granted, the developer proposes to develop the service road as a private road.
During the committee meeting, Mr. Craig Ward, Frederick Ward Associates, responded to concerns of members and explained that the turning radius should be sufficient to accommodate tractor trailers. He stated that the turn was designed as a T-intersection to accommodate the future extension of the service road into the residential portion of the development. He also indicated that it was designed using the proper radius. Mr. Ward stated that most of the truck traffic would not make the right-angle turn and would instead use the loading dock area with a softer curve.
In response to concerns of Mr. Nichols regarding the ability of 53' trailers negotiating the curve, Mr. Ward stated that they used standard engineering curve radii to confirm that the curves would be sufficient. Mr. Nichols requested that the turning radius calculations be re-evaluated and that the plan be revised if necessary.
The committee recommended approval of the requested street waivers for the Dover Crossing Center, as recommended by staff and the Planning Commission, stipulating that the developer re-evaluate the turning radius, making modifications if necessary.
Mr. Lambert moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Leary and unanimously carried.
Proposed Changes to the Electric Service Handbook, Division III, Rules and Regulations, Section 3-34 Through 3-36 Concerning Line Extensions
Presently, the City requires no fee for new development or extension requests to the distribution system. The City provides all engineering, construction, and materials necessary for new distribution line extensions. Several Utility companies require developers to contribute to the cost of construction on new system extensions. In an effort to be more like other utilities, it is proposed that contractors and/or developers make some contribution to the expense of electric infrastructure extensions.
Staff recommended initiating policy changes in the Electric Service Handbook Sections 3-34 through 3-36 addressing primary and secondary line extensions. These changes would require the developer to provide some contribution to the expense of electric infrastructure extensions. In some cases, the developer will provide labor and material and/or be billed by engineering for a percentage of the installation.
The total plan would require the developer/contractor to make contributions to the construction of electric facilities, which will benefit the City in several ways. City crews and materials will not be required because the labor and materials for conduit installation will be provided by the contractor/developer. In addition to these obvious savings, a new source of revenue will be realized by billing the contractor/developer for a portion of the cost of the labor for pulling cable, setting transformers, making terminations, etc. Presently, the City provides for all these items at no charge.
Mr. O’Connor stated that there was a provision to extend the service line 300'. Service beyond that point would be on a cost recovery basis. The City will also go onto private property to serve one (1) customer or multiple customers on a one-time only basis.
Staff recommended approval of the proposed changes to Sections 3-34 through 3-36 of the Electric Service Handbook, to become effective April 1, 2000.
The committee recommended approval of staff’s recommendation.
Mr. Lambert moved for approval of the proposed changes to Section 3-34 through 3-36 of the Electric Service Handbook, to become effective April 1, 2000, as recommended by the committee. The motion was seconded by Mr. Leary and unanimously carried.
Proposed Phase I Re-Conductoring of the 69KV Transmission Line Beginning at Mid-City Substation and Ending at Roosevelt Avenue and the St. Jones River
Presently, the City operates a 69KV transmission loop which supplies power to most distribution substations. The main purpose of the loop is to provide for back-feed capabilities to isolate faults while maintaining system loads. However, due to different wire sizes in the loop, the system becomes vulnerable to overloads during back-feeding or normal switching procedures. The wire size on the loop must be consistent in order to provide reliable back-feeding capabilities. For this reason, some sections of the loop require upgrade from 336 kcmil to 636 kcmil wire. If not upgraded, overloads on the 69KV loop may occur during scheduled switching or fault isolation and cause extended outages.
During the committee meeting, Mr. O’Connor, City Manager, explained that it is planned to upgrade all 336 sections of the 69KV loop to 636 wire. Due to the extensive work involved, the plan will be implemented in two (2) phases. Phase I provides for the contract labor to re-conductor 6,895 feet of the three (3) phase 69KV transmission line from Mid-City substation to Roosevelt Avenue. The material cost for this project is approximately $23,000 for 6,895 feet of 636 wire and associated wire clamps, which have been ordered on a bid basis.
Phase II of this project provides for the re-conductoring of approximately 1,300 feet and is the last section of the 69KV loop with 336 wire. This is a small section of line between Roosevelt Avenue and Danner Farms Substation. This section of line crosses the St. Jones River with a structure on an island on the St. Jones River and has an unusually long span which requires additional engineering. Phase II will be implemented upon completion of Phase I.
The Phase I project was designed in-house and bids were solicited for construction labor. Staff recommended that the contract for construction labor be awarded to the low bidder, Fry Electric, at a cost not to exceed $35,156.
The committee recommended approval of staff’s recommendation.
Mr. Lambert moved to award the contract for construction labor for the re-conductoring of the 69KV transmission line beginning at Mid-City Substation and ending at Roosevelt Avenue and the St. Jones River to Fry Electric at a cost not to exceed $35,156, as recommended by the committee. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mrs. Malone absent).
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Carey and unanimously carried.
MONTHLY REPORTS - JANUARY 2000
By motion of Mr. Leary, seconded by Mr. Salters, the following monthly reports were accepted by consent agenda:
Chief of Police Report
Planning and Inspections Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Internal Service Fund, Revenue & Budget Report
ANNUAL REPORT - ROBBINS HOSE COMPANY
Fire Chief Carleton E. Carey, Jr. submitted the 1999 Annual Report of the Fire Chief for Robbins Hose Company. Mr. Truitt moved for acceptance of the report, seconded by Mr. Carey and unanimously carried.
FIRST READING - PROPOSED ORDINANCES
Mr. Leary moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Weller and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of March 13, 2000.
Mr. Leary moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Weller and unanimously carried:
►Revised Budgets for Fiscal Year 1999/2000
►Chapter 1 - General Provisions, Section 1-2 - Rules of Construction and Definitions
►Chapter 5 - Buildings and Building Regulations
► Article II - Building Code, Section 5-16 - Adopted
► Article IV - Mechanical Code, Section 5-56 - Adopted
► Article V - Plumbing Code, Section 5-71 - Adopted
► Article VI - Dangerous Buildings, Section 5-86 - Dangerous Buildings Defined
►Chapter 7 - Fire Prevention, Protection
► Article I - In General, Section 7-6 - Open Outdoor Fires
► Article III - Fire Prevention Code, Section 7-56 - Adopted
►Chapter 10 - Housing Code, Article I - In General, Section 10-1 - Property Maintenance Code - Adopted
REZONING REQUEST/FIRST READING - 811 BAY ROAD, OWNED BY DELAWARE INDUSTRIAL ENTERPRISES
A request was received to rezone property located at 811 Bay Road, owned by Delaware Industrial Enterprises. The property is currently zoned C-4 (Highway Commercial) and IPM (Industrial Park Manufacturing) and the requested zoning is SC-3 (Regional Shopping Center).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Salters, seconded by Mr. Truitt, Council unanimously referred the request to the Planning Commission and set a public hearing for April 10, 2000 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 811 BAY ROAD.
Mr. Weller moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 7:45 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of February 28, 2000, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
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