COUNCIL COMMITTEES
The Council Committees Meeting was held on February 26, 1996 at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mayor Hutchison. Mr. Hare was absent.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert requested the addition of an executive session to discuss personnel matters. Mr. Salters moved for approval of the agenda as amended, seconded by Mr. Leary and unanimously carried. Councilman Hare was absent.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilman Leary and Mr. William Schaefer and Mr. James Washington.
RESULTS OF SURVEY - DOVER PLAN - "FROM THE PEOPLE FOR THE PEOPLE"
In May of 1995, the Mayor and Council directed the Planning Department to prepare a revision of the 1986 Comprehensive Plan. The Planning Department held eight community planning workshops titled, "The Dover Plan - From the People For the People". Participation ranged from 35 people to 80 people at each meeting. The Planning Director submitted a detailed report on the results of the meetings. Part I of the report explains a questionnaire about planning areas and issues. Part II includes the results of the "brainstorming" exercise and Part III deals with a land planning exercise.
Mr. DePrima reviewed the details of the workshop results and informed Council that the Planning staff will use the results to guide them as they prepare the initial draft of the new Comprehensive Plan. The following schedule is planned:
April 8, 1995 - Council Meeting - First Reading of Zoning Changes
This will be a first reading of the proposed zoning ordinances, as referenced on a map.
April 10, 1995 - Public Workshop
Open forum from 4:00 - 7:00 p.m. to display proposed new Comprehensive Plan Map, proposed zoning changes and supporting documents.
April 30, 1996 - Special Planning Commission Meeting
Planning Commission will hold a public hearing and then will make a recommendation to City Council.
May 6, 1996 - Special City Council Meeting (Replaces May QOTM)
City Council will hold a public hearing and will take final action.
Members of the committee commended the Planning Department on their preparation of The Dover Plan and on the manner in which they included members of the community in the workshops.
Mr. Leary recommended acceptance of the community participation results as outlined in Mr. DePrima's report and to commend the Planning staff for their efforts. The motion was seconded by Mr. Schaefer and unanimously carried.
REVIEW OF CITY CODE - CHAPTERS 16 - 18
Chapter 16 - Peddlers
Mr. DePrima suggested the deletion of Article II (Permit) of Chapter 16, with the exception of Section 16-16(b) which would be renumbered as Chapter 16, Article I, Section 16-7. He stated that the requirements outlined in Article II duplicates our business license code. The exception, however, is Section 16-16(b) which restricts peddlers from operating in commercial zones.
Mr. Schaefer stated that his business is often visited by peddlers and asked what department within the City should be contacted about peddlers that have no permit. Mr. DePrima stated that the Department of Inspections should be contacted for issues dealing with peddlers, but reminded members that peddlers are not allowed in commercial zones and therefore would be prohibited from areas such as Schaefer Lincoln Mercury on Route #13.
Mr. Leary moved to recommend approval of the proposed deletion of Article II of Chapter 16, with the exception of Section 16-16(b) which will be renumbered as Section 16-7, as recommended by City staff (Attachment #1). The motion was seconded by Mr. Washington and unanimously carried.
Chapter 18.5, Section 18.5-26 - Goods to be Kept Without Concealment for Seven Days
The Police Department requested that Chapter 18.5, Section 18.5-26 and Section 18.5-27, be amended to extend the period of time that items must be kept by secondhand dealers from seven (7) days to thirty (30) days. Under the current ordinance, all items must be kept by a secondhand dealer for seven days, subject to inspection by a police officer, before disposing of the items. The purpose of this requirement is to permit a police officer to determine if any of the goods may be goods that have been reported as stolen. It is not feasible for our police officers to inspect the goods within a seven day period and the Police Department requested that the period be extended to thirty days. This does not mean that the inspections would be every 30 days, but only that the items must be held until inspected by a police officer or until 30 days has elapsed.
Mr. Leary asked if the period of 30 days is really needed, noting that it is a very big jump to go from the current requirement of seven days. Agreeing with Mr. Leary, Mr. Fenimore stated that most secondhand dealers have a very good working relationship with the Police Department and work very hard at keeping them abreast of any suspicious goods. He asked if those in the business of secondhand dealers were apprised of the proposed changes.
Since there were questions on the proposal from committee members and no one was present from the Police Department to address the questions, Mr. Leary moved to table action on the matter. The motion was seconded by Mr. Washington and unanimously carried.
Meeting Adjourned at 6:38 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Pitts and Tudor and Mr. Carey. Mr. Kramedas was absent.
Proposed New Electric Rate Classification - Restricted Large Commercial Service
The development of open access to transmission facilities and retail wheeling has made it imperative that our electric rates be competitive, and staff recommended a new classification for Restricted Large Commercial Service. The new classification would be used to meet the needs of large commercial accounts that would qualify under specific requirements. Monthly usage must exceed 100,000 kwh per month and the demand must be in excess of 200 kwh per month. Eligibility for this rate would be determined by the City Manager. This rate would place the City in a competitive position in respect to specific large commercial customers currently served by the City.
Mr. Tudor questioned the advisability of having the City Manager as the "sole" authority to determine the customer's eligibility for the rate. There was some discussion on changing the wording to "the City Manager would determine a customer's eligibility for the rate, based upon the recommendation of the Administrative Services Director".
Mr. Fenimore stated that City Council determines the criteria for the rate. The City Manager only determines if a customer meets the established criteria. Mr. Carey stated that if the language were amended as suggested, the City Manager would still make the final decision. He, therefore, felt that the language should remain as currently written.
Mr. Tudor moved to recommend approval of the proposed Restricted Large Commercial Service Classification (Attachment #2), as recommended by staff. The motion was seconded by Mr. Carey and unanimously carried.
Annexation/Rezoning - 908 Dover Kenton Road - Copes
An annexation and rezoning request was received from Julius and Patty Copes for their property located at 908 Dover Kenton Road. They are requesting annexation because they need to connect to City water and sewer. The property is a single family home and as such, the City Planner is authorized to make the recommendation directly to City Council on the annexation and rezoning. The recommendation of the City Planner is for approval of the annexation request. The City Planner explained that to the north, west and south of this property are lands in the unincorporated portions of Kent County and all are in use for residential purposes and zoned RS. To the east and across Kenton Road is the Dover Fire Station #2 and a single family home (both zoned as R-7 - Single Family Residential) and are located within City boundaries.
The Comprehensive Plan recommends low density homes and the Interim Annexation Policy has assigned the property as a Category #1 status which is most desirable for annexation. The City Planner has recommended the zoning category of R-8 (Single Family Residential). The County zoning category is RS (Single Family Residential).
Mr. Lambert asked if there was a reason for recommending the R-8 zone rather than the R-10 zone since the property is large enough to accommodate the requirements of the R-10 zone. Mr. DePrima stated that the structure on the lot is currently situated in such a manner that it could not meet the front and side yard setbacks of the R-10 zone.
Mr. Carey moved to recommend approval of the Planner's recommendation of annexation of 908 Dover Kenton Road at a zoning classification of R-8 (Single Family Residential). The motion was seconded by Mr. Tudor and unanimously carried.
Acceptance of Right-of-Way - Lamplighter Lane
The property owners in The Greens, Section I, have requested that the City of Dover accept the right-of-way of Lamplighter Lane as a City dedicated and maintained street. The pavement section of Lamplighter Lane is substandard by the City's standards. The approximate cost for the project is $63,000. State legislators have included in their budget $23,000 for the project and the homeowners have contributed approximately $20,000. However, before State funds can be appropriated for this project, the right-of-way must be publicly dedicated.
Responding to questions by Mr. Tudor, Mr. O'Connor stated that costs for street lighting are included in their cost analysis. Costs for curbs were not included since we would only replace damaged curbing. Sidewalks are in fairly good condition.
Mr. Fenimore asked if precautions have been taken to ensure that this type of problem does not occur in the future. Mr. O'Connor explained that developers sometimes prefer private roads and he felt that it would not be in the best interest of the City to prohibit private roads. He stated that this particular subject is unique since Lamplighter Lane is a private street which is surrounded by a subdivision with dedicated streets.
Although he does not object to the concept of private roads, Mr. Fenimore suggested that the City require that developers build roads to the standards of the City so that in the event the road is later dedicated to the City of Dover, the costs associated with bringing it up to City standards is not borne by the taxpayers.
Mr. Pitts moved to recommend that the City accept the dedication of the right-of-way known as Lamplighter Lane for City maintenance, seconded by Mr. Carey and unanimously carried.
Mr. Leary moved to adjourn into executive session to discuss personnel matters, seconded by Mr. Fenimore and unanimously carried.
Meeting Adjourned at 6:53 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
RRC/db