REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 28, 1997 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Salters and Mr. Weller. Mr. Fenimore was absent.
Council staff members present were Major Hirt, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Boaman 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.
Mr. Mike Chapman of 863 Schoolhouse Lane addressed the new hand signal located in downtown Dover which replaced the barrel with the sign advising vehicles to yield to pedestrians. He stated that the barrel was so large that it was often hit by passing vehicles. Although the hand was recently hit, he requested that it be replaced as it is much more conducive to the size of the intersection.
The invocation was given by Pastor C.V. Holmes, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone requested the addition of the Parks and Recreation Committee Report. Mr. Salters moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 14, 1997
The Minutes of the Regular Council Meeting of July 14, 1997 were unanimously approved by motion of Mr. Salters, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
AWARD FOR OUTSTANDING ACHIEVEMENT IN POPULAR ANNUAL FINANCIAL REPORTING
The Award for Outstanding Achievement in Popular Annual Financial Reporting, from Government Finance Officers Association, was awarded to the City of Dover, for fiscal year ending June 30, 1996. Mayor Hutchison presented the award to Mike Karia - Finance Director/Treasurer, James O’Connor - City Manager, and Reuben Salters - Chairman of the Legislative and Finance Committee. Mayor Hutchison conveyed his pride in the efforts of City staff and City Council in the budgetary process, stating that we have been the recipient of many awards. Mr. Karia introduced his staff (Traci McDowell, Kim Hawkins, Dawn Spangler and Linda Grimm), commending them for their efforts on behalf of the City in preparation of the Popular Annual Financial Report. (It was noted that staff members Ray Cola and Susan Rowe also participated in the budget preparation but were unable to attend the presentation.)
ANNEXATION/REZONING - BRYAN REALTY ENTERPRISES - SOUTHEAST CORNER OF HORSEPOND ROAD AND S. LITTLE CREEK ROAD
An annexation referendum was held on July 17, 1997 for property located on the southeast corner of Horsepond Road and South Little Creek Road, owned by Bryan Realty Enterprises.
Referendum Results
The City Clerk reported that the referendum was held with only one eligible voter who cast a vote in favor of the annexation.
Annexation
By motion of Mr. Leary, seconded by Mrs. Malone, Council adopted the following Resolution by a unanimous roll call vote (Mr. Fenimore absent):
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
ALL that certain lot, piece or parcel of land situated in East Dover Hundred, Kent County and the State of Delaware, lying at the southeast intersection of South Little Creek Road and Horsepond Road, being bounded on the west by Horsepond Road, on the north by South Little Creek Road and on the east by lands of the City of Dover and on the south by lands of S & R Farms, Inc. and lands of Peter and Joyce Parent, and being more particularly described in accordance with a survey by Earl D. Smith, Inc., Professional Land Surveyors, dated March 10, 1995, as follows, to wit:
BEGINNING at a found pipe at the northeasterly end of a daylight corner joining the east line of Horsepond Road with the south line of South Little Creek Road; thence running from said point of beginning with the south line of South Little Creek Road, South 77 degrees 50 minutes East 494.97 feet to a set pipe at a corner for this parcel and for lands of the City of Dover; thence running with said lands of the City of Dover South 26 degrees 11 minutes East 410.31 feet to a set pipe in line of lands of S & R Farms, Inc., thence running with said lands of S & R Farms, Inc. South 58 degrees 38 minutes 06 seconds West 297.86 feet to a set pipe at a corner for this parcel and for lands of Peter and Joyce Parent; thence running with said lands of Peter and Joyce Parent North 84 degrees 42 minutes 14 seconds West 499.58 feet to a set pipe in the east line of Horsepond Road; thence running with said east line of Horsepond Road on the following two (2) courses: (1) running in a northerly direction with a 1,884.84 foot radius curve to the right, an arc distance of 21.42 feet; thence (2) North 4 degrees 36 minutes 50 seconds East 530.39 feet to a set pipe at the southwesterly end of aforementioned daylight corner; thence running with said daylight corner North 53 degrees 23 minutes 25 seconds East 52.72 feet to the point and place of beginning and containing 8.0068 acres of land, be the same more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification of as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 29th day of July, 1997 at 12:01 a.m. o'clock.
ADOPTED: July 28, 1997
Public Hearing - Zoning Classification
The City Planner explained that the property proposed for annexation is a single family residence and does not require referral to the Planning Commission. The current county zoning classification for the property is BG (General Business). The City Planner recommends that the property be given a City of Dover zoning classification of C-3 (Service Commercial). The Planning Commission and Utility Committee also recommended rezoning as requested.
Council President Christiansen declared the public hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the public hearing closed.
Mr. Lambert moved that the property be zoned C-3 (Service Commercial) as recommended by the City Planner. The motion was seconded by Mr. Leary and by a unanimous roll call vote (Mr. Fenimore absent), Council adopted the following ordinance. (The first reading of the proposed ordinance was accomplished during the Council Meeting of May 27, 1997.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HORSEPOND ROAD AND S. LITTLE CREEK ROAD.
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 BG - General Business (Kent County zoning classification) to C-3 - Service Commercial (City of Dover zoning classification).
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 BG (Kent County zoning classification) to C-3 (City of Dover zoning classification) on that property located at the southeast corner of Horsepond Road and S. Little Creek Road, owned by Bryan Realty Enterprises, L.L.C.
ADOPTED: July 28, 1997
UTILITY COMMITTEE REPORT
The Utility Committee met on July 14, 1997 with Chairman Lambert presiding.
Revised Street Waiver Request - John Hunn Brown Property
During the committee meeting of June 9, 1997, the Committee recommended approval of a request for street waivers for the John Hunn Brown property. City Council denied the request during their meeting of June 23, 1997.
The City Planner relayed to the committee that the developer of the property has proposed a modification to the request that is significant enough to warrant reconsideration of the project. He now proposes changing 2,500' of roadway from an “access street” to a “collector street”. In effect, this 2,500' section, located on the northwest side of the development, would be widened an additional 6'. The revised plan calls for approximately 46% of the streets to be collector streets, which call for 60' right-of-way, 30' street pavement when no parking is permitted on the street, and 38' when parking is permitted on one side of the street. This adds 2,500' to this category of street which is a change from the last proposal. The remaining 54% will be access streets that call for 50' right-of-way, 24' street pavement when no parking is permitted on the street and 32' when parking is permitted on one side of the street.
Mr. DePrima noted that the requested waivers would also permit a tighter centerline radius than permitted at the following locations:
1) The proposed traffic circle calls for a 115+/- feet centerline radius on the collector street. (The Code calls for a minimum 300' radius on collector streets.)
2) One proposed expanded cul-de-sac street calls for a 90' centerline radius. (The Code calls for a 150' radius.)
With respect to on-street parking, the developer now proposes that there be one (1) on-street parking space per dwelling unit, in addition to the two off-street spaces required by City Code.
Mr. DePrima submitted information relative to design standards for collector streets in accordance with the American Association of State Highway and Transportation Officials, the Institute of Transportation Engineers, and the American Society of Civil Engineers/National Association of Home Builders. This information depicts that it is now generally accepted by most traffic engineering associations that narrower streets are safer than wider streets which give drivers a comfort level which encourages speeding.
The revised plan still achieves the goals of the developer to reduce pavement and increase greenways. The proposed reduction in street widths will save approximately four acres of land that would have been paved.
Mr. Lambert noted the change in the number of parking spaces per dwelling unit from the original proposal of 2.85 to the revised number of three parking spaces per dwelling unit (two off-street parking spaces and one on-street parking spaces). He stated that the change should address the concerns of some Council members that each dwelling unit have one on-street parking space.
The committee recommended approval of the revised street waiver request, as outlined in the City Planner’s Report (and as on file with the Office of the City Clerk), for the proposed development on the John Hunn Brown property.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Christiansen) and one (1) absent (Mr. Fenimore).
Evaluation of Bids - White Oak Road Pumping Station
In conjunction with the City’s Capital Investment Plan and design documents prepared by Davis, Bowen & Friedel, Inc., the City of Dover Department of Public Works solicited bids for the construction of the White Oak Road Pumping Station upgrades. Bids were submitted by five (5) firms, with the low bid received from Howard Robson, Inc. in the amount of $418,700 and staff recommended that the bid be awarded to the low bidder.
Mr. O’Connor stated that he has been contacted by Councilman Truitt relative to the City’s policy for local vendor preference. The question is directed at a difference of $609 between the two lowest bidders, noting that James Julian, Inc., with a bid of $419,309 is from Wilmington, Delaware, and that Howard Robson, Inc., with a bid of $418,700 is from Landisville, Pennsylvania. He stated that the selection between the two lowest bidders is left to the discretion of City Council. Asked by Mr. Carey if the references were checked on both firms, Mr. O’Connor stated that City staff checked the references of both companies and responses were relatively equal. The firm of Howard Robson, Inc. has had more current sewer projects, but the project experience of both firms was fairly equal.
Mr. Leary stated that he does not object to a local vendor preference, providing that the quotes are relatively close, but he questioned if a company operating out of Wilmington should be considered for the local vendor preference.
The committee recommended that the bid for the White Oak Road Pumping Station upgrades be awarded to James Julian, Inc., in the amount of $419,309.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Pitts and carried by a roll call vote of five (5) yes, three (3) no (Mr. Leary, Mrs. Malone and Mr. Weller) and one (1) absent (Mr. Fenimore).
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on July 28, 1997 with Chairwoman Malone presiding.
Evaluation of Bids - Fencing of Softball Fields - Schutte Park
In conjunction with the development of Schutte Park, four softball fields are being developed. The fields have been seeded and the infield installed. Four bids were received for fencing of the fields, with the low bid received from Duck’s Quality Fence in the amount of $52,450. Funding for the project is from the Parkland Fund and the Delaware Land & Water Conservation Trust Fund.
The committee recommended that the bid be awarded to Duck’s Quality Fence in the amount of $52,450 for fencing of the four softball fields.
Mrs. Malone moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Fenimore absent).
Mrs. Malone moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Leary and unanimously carried.
MONTHLY REPORTS - JUNE 1997
By motion of Mr. Leary, seconded by Mrs. Malone, the following monthly reports were accepted:
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
REZONING REQUEST - RONALD L. & JANET L. HARMON - 1427 NEW BURTON ROAD
A request was received to rezone property located at 1427 New Burton Road, owned by Ronald L. and Janet L. Harmon. The property is currently zoned R-8 (Single Family Residential) and the requested zoning is C-1A (Limited Commercial). (It is noted that this was later revised to a requested zoning of C-3. Corrections to be made at August 11, 1997 Council Meeting)
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Lambert, seconded by Mr. Pitts, Council unanimously referred the request to the Planning Commission and set a public hearing for September 8, 1997 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 1427 NEW BURTON ROAD.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of July 14, 1997.
Mr. Leary moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Salters and unanimously carried.
Chapter 7 - Fire Prevention and Protection, Article VII - Fire Lanes
Mr. Leary moved for adoption of the following ordinance, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Fenimore absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 7 Fire Prevention and Protection, by creating a new Article VII Fire Lanes, to read as follows:
ARTICLE VII. FIRE LANES
Sec. 7-73 Fire Lanes
(a) Fire Lanes for new construction shall be marked in accordance with Part V Chapter V of the most currently adopted Delaware State Fire Prevention Regulations.
(b) For new construction a plot plan showing signs, curb markings, and road way markings shall be submitted and approved by the Fire Marshal prior to issuing a construction permit.
(c) Fire lanes for existing buildings shall be marked in accordance with Part V Chapter V of the most currently adopted Delaware State Fire Prevention Regulations.
(d) For existing buildings, a plot plan showing signs, curb markings, and roadway markings shall be submitted and approved by the Fire Marshal prior to the marking of the fire lanes.
(e) This fire lane regulation shall be retroactive to existing buildings.
Sec. 7-74 Violations
(a) It shall be a violation of this section for any vehicle to be found disabled or parked in a fire lane.
(b) It shall be a violation of this section to obstruct any fire lane with any item such as but not limited to dumpsters, trash cans, construction debris, construction equipment, side walk sales, merchandise, carnivals and circuses, public gatherings, or any other items or activities that once placed in the fire lane would limit access for fire equipment or any other emergency vehicle in time of a fire or other emergency.
(c) Property owners of existing buildings who do not have their fire lanes marked within 45 days of being notified by the Fire Marshal, shall be in violation of this section.
Sec. 7-75 Penalties
(a) Anyone found to be in violation of Sec.7-74(a) shall be issued a summons pursuant to section 13-6.1 of the City of Dover Code of Ordinances.
(b) Any vehicle which has had a summons placed upon it and is found to still be parked in the fire lane for one hour or more from the time the summons was placed upon the vehicle, said vehicle may be towed at owners expense.
(c) Any property owner or tenant found to be in violation of Sec. 7-74(b) shall be issued a summons in the amount of $50.00.
(d) Any property owner found to be in violation of Sec.7-74(c) shall be issued a summons in the amount of $50.00. Each day shall constitute a separate offense.
(e) Any property owner found to be in violation of Sec.7-77 (a though e) shall be issued a summons in the amount of $50.00. Each day shall constitute a separate offense.
Sec. 7-76 Enforcement
(a) Any City of Dover Police Personnel, Code Enforcement Officer or Fire Marshal shall have the authority to tow at the owners expense any vehicle to be found in violation of this ordinance or to have removed by whatever means is necessary any obstruction of a fire lane at the owners expense.
(b) Any City of Dover Police Personnel, Code Enforcement Officer, or Fire Marshal shall have the authority to issue summonses for violations of the section.
Sec. 7-77 Responsibility of owner or tenant
(a) It shall be the responsibility of the property owner, to maintain the legibility of the marked fire lane surfaces and signs.
(b) Fire lane signs or road surface markings shall be replaced or remarked as necessary to ensure adequate visibility.
(c) It shall be the responsibility of the owner or tenant to keep the fire lane free of obstructions.
(d) Contact shall be made with the fire marshal prior to any construction, or maintenance work that would cause a portion of a fire lane to be closed or obstructed.
(e) All fire lane signs posted on the building or mounted on posts or poles, shall be readily visible.
Adopted: July 28, 1997
Chapter 13 - Motor Vehicles and Traffic, Section 13-6.1 - Obedience to State Law
Mr. Leary moved for adoption of the following ordinance, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Fenimore absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 13 Motor Vehicles and Traffic by deleting Section 13-6.1, Obedience to state law in its entirety and replacing it with the following, to read as follows:
Sec. 13-6.1 Obedience to state law.
No person shall violate any of the provisions of Title 21 of the Delaware Code, as now or hereafter amended. The penalties for such violations shall be in accordance with section 1-10, the general penalty provision of this Code, with the following exceptions:
(a) For violation of 21 Del. C. S4183 regarding handicapped persons’ parking areas, whoever violates that section shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00)
(b) For violation of 21 Del. C. S7001A regarding parking in a fire lane, whoever violates that section shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00)
Adopted: July 28, 1997
Mr. Leary moved to adjourn, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:00 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of July 28, 1997, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB