Regular City Council Meeting
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May 27, 1997 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on May 27, 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 Faulkner, 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.

There was no one present wishing to speak during the Open Forum.

The invocation was given by Pastor Eldon Fowler, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mrs. Malone moved for approval of the agenda, seconded by Mr. Leary and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 12, 1997

The Minutes of the Regular Council Meeting of May 12, 1997 were unanimously approved by motion of Mr. Leary, seconded by Mrs. Malone 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:

          Randy D. Anderson - Dover Pool and Patio Center, Inc.

          Edward J. Bennett - Bennett Security Service

          Michael C. Frebert - Dover Litho Printing Company

          I. Joel Halpern - Halpern Eye Associates

          LeRoy Klein - Klein Development

as outstanding small business persons.

NOW, THEREFORE, I, JAMES L. HUTCHISON, Mayor of the City of Dover, do hereby proclaim the week of June 1, 1997 through June 7, 1997, 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 stated that original Proclamations were given to each nominee and announced that LeRoy Klein has been selected as the 1997 Outstanding Business Person.

PROCLAMATION - STAND FOR HEALTHY CHILDREN DAY

The City Clerk read into the record the following Proclamation:

WHEREAS, on June 1, 1997, Americans from all backgrounds will come together in their communities all across the country to take a “Stand for Healthy Children” and renew their community’s commitment to improving the quality of our children’s lives; and

WHEREAS, on June 1st, citizens, families, religious congregations, schools, community based-organizations, businesses, and political and cultural groups will join together as a local and national community to recognize the health needs of our children and rededicate ourselves to addressing them; and

WHEREAS, caring for the health of our children must be top priority for our families, our communities, and our nation; and

WHEREAS, this commitment must begin at the local level, where children and families live and work and have the potential to thrive, and where all citizens, working together, can make a difference in our children's lives.

NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim June 1st as "STAND FOR HEALTHY CHILDREN DAY" in the City of Dover and urge all citizens to support this day by taking part in local Stand for Healthy Children activities and by dedicating ourselves to the task of improving the health and quality of life for all our children from this day forward.

MONTHLY REPORTS - APRIL 1997

By motion of Mr. Leary, seconded by Mrs. Malone, the following monthly reports for April 1997 were accepted:

          Chief of Police 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

Referring to the Planning and Inspections Report regarding Saturday inspections, Mr. Lambert asked what types of inspections are performed on Saturdays. Mr. DePrima stated that it was felt that Code violations were occurring on weekends when Inspectors normally do not work. They decided to experiment with having an Inspector in the field on Saturdays. The experiment was considered moderately successful but Mr. DePrima feels that the results do not justify Saturday hours on a regular basis. He plans to use this program on a periodic basis only.

Referring to the “Heels and Wheels Plan” outlined in the Planning and Inspections Report, Mr. Leary requested an update by Mr. DePrima. Mr. DePrima stated that a draft plan should be completed shortly, but in celebration of the Plan, a community bike ride is scheduled for June 27th to promote awareness of the Plan. Mr. DePrima will relay the information to Council as soon as more definitive plans on the event are available.

Mr. Leary moved for acceptance of the Planning and Inspections Report, seconded by Mrs. Malone and unanimously carried.

COMMITTEE APPOINTMENTS - COUNCIL PRESIDENT

Council President Christiansen offered the following recommendations for Council Committee appointments.

Legislative & Finance Committee 

Reuben Salters, Chairman 

Thomas J. Leary 

Holly L. Malone

William A. Schaefer, Jr. (Civilian Member appointed by Council President)

Robert F. Merritt (Civilian Member appointed by Chair)

Mr. Lambert moved for approval of the appointments as recommended, seconded by Mr. Leary and unanimously carried.

Utility Committee

Robert W. Lambert, Chairman

Philip R. Fenimore

John W. Pitts

Carleton E. Carey, Sr. (Civilian Member appointed by Council President)

Gregory Kramedas (Civilian Member appointed by Chair)

Mr. Leary moved for approval of the appointments as recommended, seconded by Mr. Truitt and unanimously carried.

Parks and Recreation Committee

Holly L. Malone, Chairwoman

Charles A. Weller

William P. Truitt

Kathleen S. Maxted (Civilian Member appointed by Council President)

Michelle A. Northshield (Civilian Member appointed by Chair)

Mr. Lambert moved for approval of the appointments as recommended, seconded by Mr. Leary and unanimously carried.

Safety Advisory Committee

William P. Truitt, Chairman

John W. Pitts

Charles A. Weller

W. Frank Wolfe (Civilian Member appointed by Council President)

William Martin (Civilian Member appointed by Chair)

Mr. Leary moved for approval of the appointments as recommended, seconded by Mr. Pitts and unanimously carried.

Civilian Pension Board

Thomas J. Leary

Reuben Salters

Mr. Lambert moved for approval of the appointments as recommended, seconded by Mrs. Malone and unanimously carried.

Police Pension Board

Thomas J. Leary

Reuben Salters

Mr. Pitts moved for approval of the appointments as recommended, seconded by Mr. Truitt and unanimously carried.

Code Board of Appeals

John W. Pitts, Chairman

William P. Truitt

Mr. Lambert moved for approval of the appointments as recommended, seconded by Mr. Leary and unanimously carried.

MISCELLANEOUS APPOINTMENTS

Council President Christiansen offered the following recommendations for miscellaneous appointments:

Kent County Tourism

John W. Pitts

Mr. Leary moved for approval of the appointment as recommended, seconded by Mr. Lambert and unanimously carried.

Liaison to Chamber of Commerce & Greater Dover Committee

Mayor James L. Hutchison

Thomas J. Leary

Mr. Pitts moved for approval of the appointments as recommended, seconded by Mr. Truitt and unanimously carried.

Liaison to Kent County (City/County Committee)

Mayor James L. Hutchison

William P. Truitt

Holly L. Malone

John W. Pitts

Reuben Salters

James R. O'Connor, City Manager

Mr. Leary moved for approval of the appointments as recommended, seconded by Mrs. Malone and unanimously carried.

Communications Committee

Robert W. Lambert, Chairman

Philip R. Fenimore

Irving S. Levitt

Kishor C. Sheth

Mr. Leary moved for approval of the appointments as recommended, seconded by Mrs. Malone and unanimously carried.

REZONING REQUEST - NW CORNER OF MCKEE AND COLLEGE ROADS - WILMINGTON TRUST COMPANY

A request was received to rezone property located on the northwest corner of McKee and College Roads, owned by Wilmington Trust Company. The property is currently zoned C-2A/COZ (Limited Central Commercial/Corridor Overlay Zone) and the requested zoning is C-1A/COZ (Limited Commercial/Corridor Overlay Zone).

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. Salters, Council unanimously referred the request to the Planning Commission and set a public hearing for July 14, 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 THE NW CORNER OF THE INTERSECTION OF MCKEE AND COLLEGE ROADS.

REZONING REQUEST - NW CORNER OF MCKEE AND COLLEGE ROADS - WILLIAM MCKEE

A request was received to rezone property located on the northwest corner of the intersection of McKee and College Roads, owned by William McKee. The property is currently zoned R-8/COZ (Residential/Corridor Overlay Zone) and the requested zoning is C-1A/COZ (Limited Commercial/Corridor Overlay Zone).

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 Mrs. Malone, Council unanimously referred the request to the Planning Commission and set a public hearing for July 14, 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 THE NW CORNER OF THE INTERSECTION OF MCKEE AND COLLEGE ROADS.

ANNEXATION/REZONING REQUEST - SE CORNER OF HORSEPOND & S. LITTLE CREEK ROADS - BRYAN REALTY ENTERPRISES, L.L.C

A request was received for annexation and rezoning of property located at the southeast corner of Horsepond and S. Little Creek Roads, owned by Bryan Realty Enterprises, L.L.C. Staff recommended that the request be referred to the Utility Committee and the Planning Commission, that an annexation referendum be set for July 17, 1997 and that a public hearing be set for July 28, 1997.

Mr. Lambert moved for approval of staff's recommendation. The motion was seconded by Mrs. Malone and Council unanimously acknowledged the first reading of the following ordinance, by title only, and adopted the following resolution:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT THE SE CORNER OF HORSEPOND & S. LITTLE CREEK ROADS.

A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.

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 located at the southeast corner of Horsepond Road and S. Little Creek Road, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That a special election be held for an area located at the southeast corner of Horsepond Road and S. Little Creek Road situated in East Dover Hundred, Kent County, State of Delaware.

2. That the election be held on the 17th day of July, 1997 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.

3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.

4. That this resolution be published in accordance with the City of Dover Charter.

ADOPTED:  May 27, 1997

Mrs. Malone moved for adjournment, seconded by Mr. Truitt and unanimously carried.

Meeting Adjourned at 7:55 P.M.

                                                                       DEBRAH J. BOAMAN

                                                                       CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of May 27, 1997, are hereby approved.

                                                                       JAMES L. HUTCHISON

                                                                       MAYOR

/DJB