REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 12, 1998 at 7:30 p.m. with Councilman Salters presiding in the absence of Council President Christiansen. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, and Mr. Weller.
Council staff members present were Chief Faulkner, Mr. O'Connor, Mr. DePrima, Mrs. Green and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:25 p.m., prior to commencement of the Official Council Meeting. Chairman Salters declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Ms. Ruth Tee, 822 Whiteoak Road, relayed concern regarding vehicle parking within the fire lanes in front of establishments. She questioned why ordinances are enacted and nothing is done to enforce the new rules and regulations.
The invocation was given by Reverend Wilbur Bubb, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Leary moved for approval of the agenda, seconded by Mr. Carey and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 28, 1998
The Minutes of the Regular Council Meeting of September 28, 1998 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PRESENTATION - DELAWARE LEAGUE OF LOCAL GOVERNMENTS
(Previous Mayor of Smyrna) George Wright, President of the Delaware League of Local Governments, stated that the League has been in existence for 34 years, representing towns and cities in the State of Delaware. He advised members that the League was started through the strong support of Dover’s Previous Mayor Crawford Carroll, who served as its First President and later served on the Board of Directors for the National League of Cities. Although it is a small organization, it is a very strong organization and plays a significant role with regards to the happenings of our cities and towns.
Since the League is such a small organization, Mayor Wright stated that its success depends largely on the contributions and dedications of individuals that have assisted the League. He expressed his appreciation for the contributions and dedication of those individuals that have assisted the League during this past year. Mayor Wright presented a plaque to Council President Christiansen in appreciation for his service to the League for serving as President from 1996 through 1998; the plaque was accepted by Chairman Salters on behalf of Council President Christiansen. Mayor Wright presented Mayor Hutchison with a Certificate of Appreciation for his dedication and efforts on behalf of the League with the 139th General Assembly. Mayor Wright presented City Staff with Certificates of Appreciation for the assistance they provided to the League, as follows: Mr. O’Connor, City Manager; Mr. Karia, Finance Director/Treasurer; Mr. Carter, Parks and Recreation Director; and Mrs. Herrmann and Ms. O’Brien, employees of the Parks and Recreation Department.
PROCLAMATIONS
Child Health Month
The City Clerk read the following Proclamation into the record:
WHEREAS, alcohol is the most socially accepted substance in our society and is also one of the most abused - over 28 million Americans have grown up in homes where alcohol is a problem; and
WHEREAS, it is illegal in all 50 states for persons under age 21 to buy or possess alcoholic beverages, however, alcohol is the drug most often used by 12 to 17-year-olds with more than 4 million adolescents consuming alcohol in any given month. Alcohol use is also associated with homicides, suicides, and drownings - the other three leading causes of death among youth; and
WHEREAS, the leading cause of death of young people ages 15 to 24 is alcohol-related car crashes. Teenage drivers cause about five times as many motor vehicle deaths as drivers 35 to 64; and
WHEREAS, 80% of teens surveyed think that alcohol negatively affects school performance and 81% believe it increases the likelihood of getting into trouble; youths who drink are 7.5 times more likely to use other illicit drugs and 50 times more likely to use cocaine than young people who don’t drink; and
WHEREAS, a survey of more than 4,000 high school seniors found that in the preceding year, approximately 80% reported getting drunk, binge drinking, or drinking and driving; and
WHEREAS, binge drinking has become a serious problem on college campuses. Each year college students spend $5.5 billion on alcohol - more than they spend on soft drinks, milk, juice, coffee, tea, and books combined; students who binge drink are more likely to damage property, have trouble with authorities, miss classes, experience injuries, and be involved in sexual assault; and
WHEREAS, fetal alcohol syndrome, caused by alcohol consumption during pregnancy, is the leading cause of mental retardation in newborns.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim October 1998 as “CHILD HEALTH MONTH" in the City of Dover and urge all who reside in this City to support the American Academy of Pediatrics in its efforts to prevent underage drinking, binge drinking, drinking and driving, and fetal alcohol syndrome and urge all parents to improve communications with your children, listen to them, play an active role in their lives, and set a good example.
The Proclamation was presented to Dr. Julia Pillsbury, President of the Delaware Chapter of the American Academy of Pediatrics. She thanked the Mayor, Council, and citizens for their ongoing support of the Child Health Month activities.
Dover Business Women’s Week
The City Clerk read the following Proclamation into the record:
WHEREAS, National Business Women's Week has been observed annually since 1928 to pay tribute to the business and professional women in the United States; and
WHEREAS, working women constitute 43 million of the nation's work force; and
WHEREAS, the major goals of business and professional women are to help create better conditions for business women through the study of social, educational, economic and political problems; to help them be of greater service to their communities, their states and their nation; and to further friendships with women throughout the world; and
WHEREAS, the working women in Dover maintain an outstanding record of achievement in bettering the quality of career and community life.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 19 - 23, 1998 as DOVER BUSINESS WOMEN'S WEEK in conjunction with National Business Women's Week, sponsored by the National Federation of Business and Professional Woman's Clubs, Inc., and urge all citizens, civic and fraternal groups, all educational associates, all news media and other community organizations to join in this salute to working women by encouraging and promoting the celebration of the achievements of all business and professional women as they contribute daily to our economic, civic and cultural purposes.
The Proclamation was presented to Ms. Karen Kimbleton, President-Elect of the Dover Business and Professional Women’s Association.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 110, 120, AND 132 WYOMING AVENUE
A public hearing was duly advertised for this time and place to consider rezoning of property located at 110, 120, and 132 Wyoming Avenue, owned by Robert W. and Janet M. Kidd. The property is currently zoned R-15 (Single Family Residence) and the proposed zoning is C-PO (Commercial/Professional Office).
Councilman Salters read into the record a letter, submitted by Dr. Robert W. Kidd and dated October 12, 1998, as follows:
“To the Secretary of City Council of Dover
Due to a holiday, Columbus Day, people who would normally assist me with this hearing are on vacation.
I am requesting that the hearing scheduled for October 12, 1998, be delayed until November 9th.
Your cooperation and assistance would be greatly appreciated.”
In response to the request of Dr. Kidd, Mr. DePrima reminded members that the public hearing scheduled for tonight has been advertised.
Mr. Lambert relayed concern with submitting a request for delay at the last minute. He noted that the date of the public hearing is set far enough in advance to provide adequate preparation time for everyone involved. Mr. Lambert felt that accepting the request would set a bad precedent and recommended that the request for delaying the public hearing be denied. It was the consent of Council to continue with the public hearing.
The present zoning permits agricultural uses, single family detached dwellings on 15,000 square foot lots, and public buildings. Those that would be permitted conditionally would be: churches, schools, hospitals, funeral homes, philanthropic and charitable organizations, and membership clubs.
The proposed zoning permits offices, financial institutions, service agencies, medical and dental offices, and conditionally permits accessory laboratory, retail, and business services in office complexes, drive-in facilities, and residential uses. Generally this district should promote superior development, prevent offices in mature residential neighborhoods, and serve as a transition area between low, medium, and high intensity development.
Planner's Review
Mr. DePrima advised members that the Planning Commission recommended denial of the rezoning request because it would not be in conformance with the 1996 Comprehensive Plan. Wyoming Avenue is still primarily residential and further rezoning would represent a serious encroachment and would support further rezoning, and the applicant has not demonstrated a compelling need, such as the lack of sufficient office space elsewhere available in the City limits. In taking this position, members of the Planning Commission considered the following points:
Surrounding Land Uses: To the north and northwest and across Wyoming Avenue are five (5) single family homes zoned R-8 (Single Family Residential). To the northeast and across Wyoming Avenue and Bradford Street is a medical office building zoned RG-O (General Residence and Office). To the east and across Bradford Street is an office building zoned C-2A (Limited Central Commercial). To the southeast are single family homes located in the unincorporated part of Kent County. To the immediate south is the office of the Delaware Solid Waste Authority which is zoned RG-O, also to the south, and southwest fronting Governors Avenue, are offices and commercial service businesses zoned C-1A (Limited Commercial) and C-1 (Neighborhood Commercial).
Comprehensive Plan: The Comprehensive Plan calls for these homes to remain residential. This is consistent with past City Council policy of not rezoning any more residential properties in the area of State Street, Bradford Street, and Governors Avenue south of Kent General Hospital.
Office rezonings south of the Hospital was a contentious issue prior to the 1996 Comprehensive Plan; therefore, during the recent Comprehensive Plan Workshops, attendees were questioned about their desire to allow more office conversions in the area. The majority were opposed to further development along South State Street, South Bradford Street, and South Governors Avenue. Although Wyoming Avenue was not included in this survey, Mr. DePrima stated his feeling that if it were, the results would indicate the same opposition.
Other Considerations: While the conditions of the existing single-family homes are poor, they do not appear to be structurally unsound. These properties could be renovated and used for single family homes. Their poor condition is the result of poor maintenance, which the Inspections Department has notified the owners of during the past year. The condition of these buildings should not be considered in granting the rezoning since it would encourage other owners to neglect property in hopes of obtaining a rezoning. If the properties are cleared they would still be suitable for single family home construction. The decision to rezone should be based on whether the uses permitted by the proposed change would be appropriate in the area concerned.
It was noted that Wyoming Avenue is dominated by single family homes. Commercial uses begin at South Governors Avenue, which consists of approximately one-half of the uses between South Governors Avenue and South State Street. If this rezoning were approved, it may encourage encroachment into the more solid residential areas along the street. In addition, while this rezoning may not warrant a traffic study, it will increase traffic along the street.
The properties most affected by this rezoning are those immediately across the street. These homes would benefit most from having well maintained owner occupied single family homes across the street. Members were reminded of a rezoning request in 1986 for 120 and 132 Wyoming Avenue to C-1A for the purpose of establishing a beauty salon on the site. After hearing public opposition, City Council denied the rezoning request.
Mr. DePrima stated that City Council’s former policy of not rezoning residential properties south of the Hospital has had the very positive benefit of encouraging the development of medical office buildings along Queen Street and Governors Avenue in zones that are already properly zoned for offices.
Correspondence
The City Clerk reported that no correspondence was received on the proposed rezoning.
Public Hearing
Chairman Salters declared the hearing open.
Dr. Robert Kidd, owner of the properties, advised members that he purchased the properties over 15 years ago. The buildings were not in the best condition at that time and have since deteriorated. He stated that he has investigate the possibility of renovation and reconstruction of the properties and that the costs would be exorbitant. Keeping in mind that these are rental properties, Dr. Kidd stated that, as a property owner, he does not feel that he could be compensated for the construction costs involved if the necessary repairs and renovations were done to the buildings. It is his feeling that buildings do reach a point whereby demolition is appropriate and that it would be economically feasible for these buildings to be demolished, which is scheduled to be accomplished by November 1, 1998.
Dr. Kidd advised members that he met with Realtors and the City’s Inspections and Planning Department, which resulted in his decision to propose an office building complex. He noted that the majority of the surrounding and adjacent properties consist of office buildings. He stated that he questioned the surrounding property owners regarding their position for his proposed office building complex and that only one neighbor was opposed to the proposal.
Mr. John Stith, 101 Wyoming Avenue, advised members of his opposition to the rezoning request. He stated that he resides and owns the property directly across the street from 110 Wyoming Avenue. It is his feeling that the homes currently on the properties proposed for rezoning are soundly constructed and, with a little time and money, could be renovated into beautiful homes. Mr. Stith stated that due to the age of his home, and as a property owner, he has had to put money into repairs and maintenance during the past few years and requested that members deny the rezoning request.
In response to Dr. Kidd, Mr. DePrima stated that approximately one year ago he met with Dr. Kidd concerning the condition of the buildings and their vacancy. He stated that he never advocated rezoning for the construction of office buildings but that his advocacy was in making the necessary repairs so that they could once again be occupied. At that time, Dr. Kidd indicated that repairing the buildings would not be an option economically. Mr. DePrima stated that in considering future redevelopment of the properties, he indicated that between townhouses and office rezonings, office rezoning would be more viable. However, he stressed that he was not advocating office rezoning, but was an advocate for bringing the buildings up to code.
Chairman Salters declared the hearing closed.
Responding to Mr. Leary, Mr. DePrima stated that although a structural analysis has not been performed on the buildings, it is his feeling that they could be brought up to code by making a few repairs and then continuing to provide maintenance on the properties. Mr. DePrima stated that Dr. Kidd has indicated that from a rental perspective, the buildings have deteriorated to the point that it would not be economically feasible to put the money into making repairs. His contention is that if the properties had been maintained over the years, as is necessary with any property, they would not be in their current condition and Dr. Kidd would not be in this dilemma.
Mr. Pitts indicated his concurrence with Dr. Kidd, stating that he has watched the homes deteriorate over the years. It is his feeling that it is very difficult to put a large amount of money into rental properties. He stated that the neighborhood is changing, feels that there will never be rental properties at these locations, and doubts there will ever be any new homes built on the properties.
Mr. Truitt stated that with the exception of the homes owned by Dr. Kidd, all other properties on the south side of Wyoming Avenue from State Street to Governors Avenue are commercial type properties. The only residential properties located on Wyoming Avenue within this block are located on the north side of the street.
Mr. Lambert moved for denial of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Leary and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Pitts) and one (1) absent (Council President Christiansen).
PUBLIC HEARING/FINAL READING - PROPOSED ORDINANCES
A public hearing was duly advertised for this time and place to consider approval of a zoning text amendment to Article 3, District Regulations - Section 10, Institutional and Office Zone and Article 6, Off-Street Parking, Driveways and Loading Facilities - Section 5, Supplementary Regulations for Parking and Loading Facilities - Subsection 5.5, Race Weekend Parking.
The proposed ordinances were reviewed by the Legislative and Finance Committee and approved by City Council during their meeting of September 28, 1998, at which time the first reading of the proposed amendments was accomplished. Since the ordinances will amend the zoning text, a public hearing is required.
Mr. Leary moved for acknowledgment of the final reading of the ordinance, by title only, seconded by Mr. Carey and unanimously carried.
Chairman Salters declared the hearing open.
There was no one present wishing to speak for or against the proposed zoning text amendments.
Chairman Salters declared the hearing closed.
Mr. Carey moved for approval of the zoning text amendments. The motion was seconded by Mr. Weller and by a unanimous roll call vote (Council President Christiansen absent), Council adopted the following ordinances:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 3, Section 10 - Institutional and Office Zone (I/O), of the City of Dover Zoning Ordinance be amended as follows:
By deleting paragraph 10.12 of Subsection 10.1 - Uses Permitted, in its entirety and inserting in its place the following:
10.12Public and institutional uses including hospitals, sanitariums, for general medical care, medical clinics, libraries, police stations, court houses, transit centers, motor vehicle storage and repair facilities accessory to a public or institutional use, schools, colleges and universities, places of worship, philanthropic and eleemosynary institutions, parks, playgrounds, public indoor recreation centers, civic centers, athletic fields and public utility rights-of-way and structures necessary to serve areas within the city.
By deleting paragraph 10.13 of Subsection 10.1 - Uses Permitted, in its entirety and inserting in its place the following:
10.13Restaurants accessory to permitted uses located on the same lot.
By deleting paragraph 10.15 of Subsection 10.1 - Uses Permitted, in its entirety and inserting in its place the following:
10.15Firearms ranges, prisons and correctional facilities, public incinerators, as a conditional use subject to the approval of the planning commission under the provisions of Article 10, Section 1.
By deleting paragraph 10.53 of Subsection 10.5 - Uses Prohibited, in its entirety and inserting in its place the following:
10.53Landfills, dumps, or bulk storage of manufactured or other products.
ADOPTED: October 12, 1998
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 6 - Off-Street Parking, Driveways, and Loading Facilities, Section 5 - Supplementary regulations for parking and loading facilities, of the City of Dover Zoning Ordinance be amended by adding paragraph 5.5, as follows:
5.5Race Weekend Parking. During any ten (10) day period prior to or two (2) day period following a Saturday or Sunday during which Auto Racing is occurring, property within a residential zone may be used for the commercial parking (for a fee) of motor vehicles including Recreation Vehicles with self-contained units for sanitary facilities. Commercial parking does not include the parking of commercial vehicles for use by commercial vendors and sales representatives.
ADOPTED: October 12, 1998
COMMUNICATIONS COMMITTEE - BASIC CABLE SERVICE RATE RELATED FCC FORM 1240 AND EQUIPMENT, INSTALLATION AND SERVICE CHARGES RELATED FCC FORM 1205
Mr. Lambert reported that Comcast Cablevision of Delmarva, Inc. (Comcast) filed FCC Form 1240, relating to the basic cable service rate and Form 1205, relating to equipment installation and service charges. He stated that the forms were filed with the City on August 3, 1998 and that the City has 90 days to act. In summarizing the filings, Mr. Lambert stated that the current monthly rate for basic cable service is $16.26 and the proposed monthly rate is $16.06. The adjustment includes a monthly rate increase of $0.27 for inflation, programming and the maximum rate allowed and a credit of $0.47 which is for a one-time rate increase and tune-up adjustments for the previous year(s). There are several adjustments for equipment and installation rates. The proposed new rates will become effective November 1, 1998. Customers receiving bills in October for November service will receive a prorated rate increase. For informational purposes, Mr. Lambert stated that there will be an increase in the monthly rate for expanded service from $15.00 to $15.77, reminding members that the City has no authority regarding the expanded service.
Mr. Lambert advised members that the Communications Committee held a public hearing on October 7, 1998 and that Mr. Tom Worley and Mr. Bryan Lynch of Comcast were present to explain the proposed rate adjustments.
The State of Delaware Public Service Commission has reviewed the FCC Form 1240 and FCC Form 1205 as well as the supporting documents and calculations. It was noted that the figures resulting in the increased rates fall within the FCC guidelines and that the City does not have any real control over the rate for the basic cable service. Although the current cable franchise is non-exclusive and the City can grant the cable franchise to any other cable company willing to provide services in Dover, it was the Communications Committee feeling that the rate could be effectively controlled through competition. Mr. Lambert assured members that the Committee is continuously working in this direction.
The Communications Committee recommended adoption of the FCC Form 1240 and FCC Form 1205 as filed by Comcast.
Mr. Lambert moved for approval of the Communications Committee’s recommendation, seconded by Mr. Weller and carried by a roll call vote of seven (7) yes, one (1) abstention (Mrs. Malone) and one (1) absent (Council President Christiansen).
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on September 28, 1998 with Chairman Salters presiding. Mr. Leary presented the Legislative and Finance Committee Report on behalf of Mr. Salters.
Proposed Ordinance Amendment - Senior Citizens Property Tax Exemption - Section 2-3(b), Subsections (1) and (2)
As requested by Mr. Leary, the City Assessor, Mr. Lucas, provided information regarding senior citizen income limits and exemption amounts of neighboring tax jurisdictions. The City of Dover has previously followed those amounts as set by Kent County.
During the committee meeting, Mr. Leary noted that the ordinance regarding the Senior Citizen Property Tax Exemption has not been updated since 1990. Members were provided an ordinance amendment to Section 2-3(b), Subsection (1) and (2), that would increase the yearly income limits and property tax exemption for senior citizens to correspond with Kent County. The current and proposed income limits (excluding Social Security) and exemptions are as follows:
Income Limits
Single Couple Exemption
Current $8,250 $14,100 $18,000
Proposed $10,400 $18,000 $25,000
Mr. Leary stated that the amended figures are equal to an annualized increase of less than 3%.
The committee recommended approval of the proposed ordinance amendment to Section 2- 3(b), Subsections (1) and (2) of the Dover Code.
Mr. Leary moved for approval of the committee’s recommendation, seconded by Mrs. Malone and unanimously carried. (The First Reading of the proposed ordinance will take place during the latter part of the meeting).
Mr. Leary moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Carey and unanimously carried.
FIRST READING - PROPOSED ORDINANCE
Mr. Leary moved to waive the reading of the proposed ordinance before Council, seconded by Mrs. Malone and unanimously carried. Chairman Salters reminded the public that copies of the proposed ordinance 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 ordinance will take place during the Council Meeting of October 26, 1998.
Mr. Leary moved for acknowledgment of the first reading of the following proposed ordinance, by title only, seconded by Mrs. Malone and unanimously carried:
Section 2-3(b), Subsections (1) and (2) - Tax Exemption For Senior Citizens
Mr. Leary moved for adjournment, seconded by Mr. Weller and unanimously carried.
Meeting Adjourned at 8:30 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 12, 1998, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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