REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 26, 1998 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters and Mr. Weller.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Green and Mr. Rodriguez. Chief Carey was absent.
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 Reverend Appling, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert requested the addition of items #3A - Bid, Miscellaneous Water System Materials; #3B - Bid, Water/Sewer Pipe & Fittings; and #3C - Pumping Station #7 Replacement, Construction Phase Engineering Services. Mr. Leary moved for approval of the agenda, as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - ANNUAL COUNCIL MEETING OF MAY 11, 1998
The Minutes of the Annual Council Meeting of May 11, 1998 were unanimously approved by motion of Mr. Salters, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PROCLAMATION - DELAWARE SMALL BUSINESS WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, the history of America is one of a country at work -- a country of farmers, manufacturers and merchants joining together to create a greater society; and
WHEREAS, our growing and thriving nation is built on individual initiative, a competitive character and intense pride in our achievements; and
WHEREAS, the Central Delaware Chamber of Commerce engages in activities to assist small business persons and each year nominates small business persons as examples of the quality of the business persons in Central Delaware; and
WHEREAS, this year, the Central Delaware Chamber of Commerce has nominated:
Linda L. Chick - Chick’s/Kindred Spirits
James A. Flood, Jr. - Dover Post Company
Michael C. Frebert - Dover Litho Printing Company
W. Charles Paradee, Jr. - Paradee Gas Company
Joshua M. Twilley - Twilley & Street, P.A.
as outstanding small business persons.
NOW, THEREFORE, I, JAMES L. HUTCHISON, Mayor of the City of Dover, do hereby proclaim the week of May 31, 1998 through June 6, 1998, as "DELAWARE SMALL BUSINESS WEEK" in the City of Dover and ask that all in our fine City pay tribute to its small business men and women.
Council President Christiansen announced that W. Charles Paradee, Jr. was selected as the 1998 Outstanding Business Person and that each nominee was presented with an original Proclamation at a ceremony previously held at the Governor’s Office.
PROPOSED RESOLUTION - GREATER DOVER ARTS COUNCIL
The Dover Arts Council was originally established by Mayor and Council by Resolution dated February 13, 1989. The Dover Arts Council Reorganization Committee submitted a proposal regarding changes to the Dover Arts Council format, including its name, membership and By-Laws. Reflective of such major changes, the Mayor and Council President presented a proposed Resolution that would formally recognize the Greater Dover Arts Council.
By motion of Mr. Carey, seconded by Mr. Lambert, Council adopted the following Resolution by a unanimous roll call vote:
WHEREAS, by Resolution dated February 13, 1989, the Mayor and Council of the City of Dover established a Dover Arts Council; and
WHEREAS, the Dover Arts Council Reorganization Committee deem it of importance to reform the membership and that the By-Laws be amended accordingly; and
WHEREAS, the Dover Arts Council shall now be known as the Greater Dover Arts Council.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER HEREBY FORMALLY RECOGNIZES THE GREATER DOVER ARTS COUNCIL. THIS COUNCIL SHALL:
1. Consist of no less than eight (8) and no more than 12 appointed members, with two (2) year terms, to commence June 1st. The Mayor shall appoint members and shall designate the Chairman of the Greater Dover Arts Council. With the new membership, it is necessary to stagger terms; therefore, the initial appointments shall be as follows:
Jane Richter (1 Year Term) Deborah Hansen (2 Year Term)
Rosemary Woodward (1 Year Term) Dr. Scott Miller (2 Year Term)
Dr. Donald Parks (1 Year Term) Daniel J. Kaiser (2 Year Term)
Irving Levitt (1 Year Term) Gary Knox (2 Year Term)
Reuben Salters (1 Year Term) Edward Curley (2 Year Term)
Mike Nielson (2 Year Term)
ADOPTED: May 26, 1998
UTILITY COMMITTEE REPORT
The Utility Committee met prior to the Council Meeting on May 26, 1998, with Chairman Lambert presiding. Chairman Lambert reported that three (3) of the items from his report require immediate Council action. The remaining items will be reported to Council during their June 8th Council Meeting.
Bid - Miscellaneous Water System Materials
Bids were solicited for miscellaneous water system materials to be used on a variety of water extension projects throughout the City. Funding for these projects is available in the Water Improvement and Extension Fund and the scope of the various projects are detailed in the CIP.
Staff recommended awarding the bid to the low bidder, Water Pro, in the amount of $127,375.75. It was noted that the prices outlined in the bid are valid for six (6) months from the date of award with an option to extend for an additional six (6) months.
Mr. O’Connor noted that the request for bids was based on previous purchases of materials and that the amount could change according to this year’s need and use of materials. The materials are purchased for the warehouse supply stock.
The committee recommended approval of staff’s recommendation.
Mr. Lambert moved to approve the committee’s recommendation to award the bid for miscellaneous water system materials to the low bidder, Water Pro, in the amount of $127,375.75. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote.
Bid - Water/Sewer Pipe & Fittings
Staff solicited bids for miscellaneous water/sewer pipe and fittings to be used on a variety of water extension projects throughout the City. Funding for these projects is available in the Water Improvement and Extension Fund and the scope of the various projects are detailed in the CIP.
Staff recommended awarding the bid to the low bidder, Water Pro, in the amount of $60,671.00. It was noted that the prices outlined in the bid are valid for six (6) months from the date of award with an option to extend for an additional six (6) months.
The committee recommended approval of staff’s recommendation.
Mr. Lambert moved to approve the committee’s recommendation to award the bid for miscellaneous water/sewer pipe and fittings to the low bidder, Water Pro, in the amount of $60,671.00. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
Pumping Station #7 Replacement - Construction Phase Engineering Services
In conjunction with the replacement of the City’s Sanitary Pumping Station #7, Cabe Associates, Inc. has submitted proposals for supplemental engineering services throughout the construction phase including construction review services ($35,000.00) and construction inspection services ($9,600.00). The total cost of the proposals represent a not-to-exceed amount of $44,600.00 to perform construction phase engineering related services. These services will be required to complete the construction associated with the replacement of Pumping Station #7.
Staff recommended to award a contract, in an amount not-to-exceed $44,600.00, to Cabe Associates, Inc. to perform construction phase engineering related services outlined in their proposals.
The committee recommended approval of staff’s recommendation.
Mr. Lambert moved to approve the committee’s recommendation to award a contract to Cabe Associates, Inc., in an amount not-to-exceed $44,600.00, to perform construction phase engineering services associated with the replacement of Pumping Station #7. The motion was seconded by Mr. Weller and carried by a unanimous roll call vote.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 645 W. NORTH STREET, OWNED BY J. FRAN DELL, INC.
A public hearing was duly advertised for this time and place to consider rezoning of property located at 645 W. North Street, owned by J. Fran Dell, Inc., from M (Manufacturing) to I/O (Institutional and Office).
Planner's Review
The current zoning is M, which permits manufacturing, assembling, storage, laboratories, wholesale storage and warehousing, building contractor yards, and public utility uses. The proposed zoning is I/O, which permits business, professional, and governmental offices, public and institutional uses, and restaurants.
The parcel consists of vacant and damaged industrial buildings. The proposed use is for a school and office buildings.
The Planning Commission considered the rezoning petition during their meeting of April 20, 1998 and recommended approval. In taking this position, the Commission considered the following points:
Surrounding Land Uses: To the north of this property are older industrial buildings zoned M, to the east is the Conrail railroad track and beyond this is a vacant parcel zoned C-3 (Service Commercial). To the south are lands associated with Eden Hill Farms, which are zoned IPM (Industrial/Manufacturing). To the west are residential properties zoned RG-1 (General Residential).
Comprehensive Plan: The Comprehensive Plan designated this site for industrial uses because of the existing buildings on the site. However, the Land Use Goals listed in the Comprehensive Plan states that office parks are recognized as good use to serve a transition between more and less intense land uses. In this case, the property is between residential and industrial areas and would, therefore, serve as a good transitional use.
In addition, the property is within the Downtown Dover Development Incentive Area. Under the Land Use Section that addresses Downtown issues, the plan calls for support for zoning changes that encourage a mixed use, such as the type proposed.
Other Considerations: In 1997, the location was the site of a major fire which destroyed the large two-story brick building at the rear of the property. The City has been working with the owner to have the building removed, and had been considering using City funds to address the hazard. This proposal will resolve the problem without public funding.
Mr. DePrima noted that staff has some concern locating a school in close proximity to railroad tracks and assured members that, during the site plan process, secure fencing and buffering will be required.
Mr. Lambert stated that although he supports the rezoning, he has concerns with the close proximity of a school to railroad tracks. He also relayed concern with the proposed opening of Railroad Avenue.
Responding, Mr. DePrima indicated that these types of issues are not taken into consideration during review for rezoning; however, they may be approached during the site plan process in terms of entering and exiting the property.
Mr. Pitts advised members that the surrounding community has no objection to the rezoning but have relayed concern that a school could create problems.
Correspondence
The City Clerk reported that no correspondence was received on the proposed rezoning.
Public Hearing
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the hearing closed.
Mr. Leary 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 23, 1998.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 645 W. NORTH 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 M (Manufacturing) to I/O (Institutional and Office).
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 has been amended by changing the zoning designation from M to I/O on that property located at 645 W. North Street, owned by J. Fran Dell, Inc.
ADOPTED: May 26, 1998
COMMITTEE APPOINTMENTS - COUNCIL
Mr. Lambert moved to consider approval of the Committee Appointments, proposed by Council President Christiansen, as a whole. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote.
Council President Christiansen offered the following recommendations for Council Committee Appointments:
Legislative and Finance Committee
Reuben Salters, Chairman
Thomas J. Leary
Holly L. Malone
Bruce T. Gorman (Civilian Member appointed by Council President)
Robert F. Merritt (Civilian Member appointed by Chair)
Utility Committee
Robert W. Lambert, Chairman
Carleton E. Carey, Sr.
Charles A. Weller
Alan J. Farling (Civilian Member appointed by Council President)
Gregory Kramedas (Civilian Member appointed by Chair)
Parks and Recreation Committee
Holly L. Malone, Chairwoman
John W. Pitts
William P. Truitt
Kathleen S. Maxted (Civilian Member appointed by Council President)
Susan Moerschel (Civilian Member appointed by Chair)
Safety Advisory Committee
William P. Truitt, Chairman
Carleton E. Carey, Sr.
John W. Pitts
W. Frank Wolfe (Civilian Member appointed by Council President)
William Martin (Civilian Member appointed by Chair)
Civilian Pension Board
Reuben Salters
William P. Truitt
Police Pension Board
Reuben Salters
William P. Truitt
Construction Code Appeals Committee
John W. Pitts, Chairman
William P. Truitt
Mr. Lambert moved for approval of the appointments as recommended by Council President Christiansen, seconded by Mr. Leary and carried by a roll call vote of eight (8) yes, one (1) not voting (Council President Christiansen).
MISCELLANEOUS APPOINTMENTS (COUNCIL PRESIDENT)
Mr. Lambert moved to consider approval of the Miscellaneous Appointments, proposed by Council President Christiansen, as a whole. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote.
Council President Christiansen offered the following recommendations for Miscellaneous Appointments:
Kent County Tourism
John W. Pitts
Liaison to Chamber of Commerce & Greater Dover Committee
Mayor James L. Hutchison
Thomas J. Leary
Liaison to Kent County (City/County Committee)
Mayor James L. Hutchison
Carleton E. Carey, Sr.
Thomas J. Leary
Holly L. Malone
Reuben Salters
James R. O’Connor, City Manager
Communications Committee
Robert W. Lambert, Chairman
Charles A. Weller
Irving S. Levitt
Kishor C. Sheth
Transportation Review Committee
Charles A. Weller, Chairman
John W. Pitts
William P. Truitt
John Friedman
Roy Bogus
Mr. Lambert moved for approval of the appointments as recommended by Council President Christiansen, seconded by Mr. Leary and carried by a roll call vote of eight (8) yes, one (1) not voting (Council President Christiansen)
COMMITTEE APPOINTMENTS (MAYOR)
Mr. Leary moved to consider approval of the Committee Appointments, proposed by Mayor Hutchison, as a whole. The motion was seconded by Mr. Lambert and unanimously carried.
Mayor Hutchison offered the following recommendations for Council Committee Appointments:
Dover Public Library Advisory Commission
Robin R. Christiansen
Election Board (3rd and 4th Districts)
John Fisher - 3rd District Representative (Term Expires May 2001)
Beulah Gray - 4th District Representative (Term Expires May 2001)
Silver Lake Commission
Edward Bennett
Robert Gorkin
Baxter Hill
Zachery Carter
Michael Malkiewicz, Chairman
John Stith
Sherman Townsend
Downtown Dover Development Corporation
Thomas J. Leary
Reuben Salters
William P. Truitt
James R. O’Connor, City Manager
Anthony J. DePrima, City Planner
Mr. Leary moved for approval of the appointments as recommended by Mayor Hutchison, seconded by Mrs. Malone and carried by a unanimous roll call vote.
MONTHLY REPORTS - APRIL 1998
By motion of Mr. Leary, seconded by Mr. Weller, the following monthly reports were accepted by consent:
Chief of Police Report
Planning and Inspections Report
City Assessor Report
City Clerk/Alderman Report (Fines)
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
Referring to the City Manager’s Report, Mr. Lambert noted that, as anticipated, the water and electric usage has increased since last year and hopefully will continue to do so throughout the summer. He also noted that the City Manager has provided an example of the new utility bill and applauded staff for the improvements made. Mr. Lambert questioned the information regarding previous years’ usage and amounts.
Responding, Mr. O’Connor stated that the previous year’s usage pertains to the billing month and may not include the exact number of days as compared to the current year’s usage. It is being provided to give residents a basic idea for comparison purposes only.
Mr. O’Connor stated that the City began using the new utility bills in May. He advised members that beginning in June, the 1½% (or $1.00 whichever is greater) late fee will be incorporated into the utility bills.
Mr. Leary moved for approval of the City Manager’s Report, seconded by Mr. Lambert and unanimously carried.
SET PUBLIC HEARING - ELECTRIC FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with the 1985 Electric Revenue (Refunding) Bonds Resolution - Annual Budget Section (as amended by 1990 Bond Resolution) prior to adoption of the budget. Staff recommended that the Public Hearing be set for June 8, 1998 at 7:30 p.m.
Mr. Lambert moved for approval of staff’s recommendation, seconded by Mr. Leary and unanimously carried.
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of May 11, 1998.
Chapter 7, Fire Prevention and Protection - Section 7-4, Speed Reduction Devices
Mr. Leary moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Carey 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 7 - Fire Prevention and Protection, Article I - In General, be amended by adding Section 7-4 - Speed Reduction Devices, as follows:
Sec. 7-4. Speed Reduction Devices
Any device used as a means of speed reduction on any city or private street, drives, parking lot, fire lanes or any other driveable surface which causes a change in elevation which may result in emergency equipment having to reduce speed during time of emergency is prohibited.
ADOPTED: May 26, 1998
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of May 26, 1998, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG