REGULAR COUNCIL MEETING
The Regular Council Meeting was held on December 11, 1995 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Baker, Mrs. Green 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.
Mrs. Malone advised members that in accordance with the new Open Space Ordinance, the Parks and Recreation Committee met on December 6, 1995 to review, for the second time, the Overlook on Silver Lake preliminary plot plan. The subdivision requires one-half (1/2) acre of land to be provided for recreational use to meet the requirements for the recreational land area. The committee recommended acceptance of a combination of land and cash-in-lieu of land to meet the requirements. The recreational land areas will consists of three (3) parcels totalling 11,989.90 sq. ft. There will be a cash-in-lieu of land donation in the amount of $24,910.72, which is equivalent to the appraised value of 1/4 acre of land area. Mrs. Malone stated that the recreational areas will consist of a boat dock, play equipment and park benches.
The invocation was given by Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Leary requested the addition of item #1A, Proposed Resolution - Electric Power Supply Proposals. Mr. Leary moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 27, 1995
The Minutes of the Regular Council Meeting of November 27, 1995 were unanimously approved by motion of Mr. Salters, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PROPOSED RESOLUTION - ELECTRIC POWER SUPPLY OPTIONS
The City Council authorized advertisement for electric power supply proposals, of which 22 proposals were received. Of the proposals received, three (3) were selected by the City's technical advisors for consideration. The City's technical advisors have been working on many technical aspects of the three (3) proposals for more than 18 months. In order to be fair to all concerned, it was recommended that City Council adopt a Resolution, to be effective December 11, 1995, indicating that no new proposals will be entertained or that any changes will be accepted in the three proposals that were received and have already been evaluated.
By motion of Mr. Lambert, seconded by Mr. Fenimore, Council adopted the following Resolution by a unanimous roll call vote:
WHEREAS, the City of Dover advertised for electric power supply proposals and received twenty-two (22) proposals; and
WHEREAS, the City's technical advisors have selected three proposals and worked on many technical aspects of three proposals for more than eighteen (18) months; and
WHEREAS, the City of Dover technical advisors are prepared to present their evaluations to the Mayor and City Council.
NOW, THEREFORE, BE IT RESOLVED that for the sake of fairness to all concerned, the Mayor and Council will entertain no new proposals or accept any changes in the three proposals which were received and have already been evaluated, effective December 11, 1995.
ADOPTED: December 11, 1995
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON THE SOUTH SIDE OF ROUTE #8, 200' WEST OF BENNINGTON STREET - WEST DOVER PROFESSIONAL ASSOCIATES
A public hearing was duly advertised for this time and place to consider rezoning of property located on the south side of Route #8, 200' west of Bennington Street, containing approximately 1.48 acres, owned by West Dover Professional Associates. The present zoning classification is C-2A (Limited Central Commercial) and the proposed zoning classification is SC-1 (Neighborhood Shopping Center).
Planner's Review
Mr. DePrima, City Planner, indicated that the Planning Commission has recommended approval of the rezoning. In taking this position the Commission considered the following points:
Surrounding Land Uses: To the south of the site is vacant land, which is owned by the applicant, zoned C/PO (Commercial/Professional). Further south is the residential development of Farmview. To the west along Route #8 is a Dunkin Donuts and a mix of residential properties and commercial establishments. To the north and across Route #8 is Greentree Shopping Center. To the east along Route #8 is a commercial property and residential properties.
The Comprehensive Plan as amended by the Route #8 Corridor Study recommends this area for commercial/retail uses.
Other Considerations: When this property was originally annexed and zoned C-2A, it was intended for a small shopping center. At that time, shopping centers were permitted in the C-2A zone because Neighborhood Shopping Zones required five (5) or more acres. Since then, the zoning ordinance has been modified to permit shopping centers on one or more acres, and subsequently are no longer permitted in the C-2A zone. Although the shopping center proposal for this development has not changed, City zoning ordinances did, making it necessary for the owners to request a zoning change.
Mr. DePrima indicated that, in general, the shopping center zone is a superior zone in that it has stricter design requirements than the C-2A zone.
Mr. Hare questioned what the new Comprehensive Plan will propose as the recommended zoning classification of this property. Responding, Mr. DePrima stated that although the proposed Comprehensive Plan has not been completed, he felt assured that it will recommend a zoning classification as requested for this area.
Public Hearing
Council President Christiansen declared the hearing open.
There was no one present wishing to speak for or against the proposed rezoning request.
Council President Christiansen declared the hearing closed.
Mr. Lambert moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Leary and by a unanimous roll call vote, Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTH SIDE OF ROUTE #8, 200+/- FEET WEST OF BENNINGTON 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 C-2A (Limited Central Commercial) to SC-1 (Neighborhood Shopping Center).
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 C-2A to SC-1 on that property located on the south side of Route #8, 200+/- feet west of Bennington Street, owned by West Dover Professional Associates.
ADOPTED: December 11, 1995
UTILITY COMMITTEE REPORT
The Utility Committee met on November 27, 1995 with Chairman Lambert presiding.
McKee Run 12KV Breaker Replacement - Saulsbury Feeder and Upgrade of 12KV Breakers
Designing and planning for the future College Road Feeder requires a breaker with a symmetrical instantaneous current rating of 30,000 amperes to be used for this circuit. The existing breaker is "over dutied" by 18,000 amperes and must be replaced. Since a breaker with this requirement is not manufactured in the 12KV class, specifications of our 22KV breakers were used in order to stay within our system standards. The "V" type vacuum breaker will fulfill these requirements.
Mr. O'Connor explained that the new breaker will eliminate additional parts stocked for maintenance by staying within our adopted standard and will replace the Saulsbury breaker safely before a catastrophic event occurs. WESCO was the sole vendor for ABB in their geographical area; therefore, no bidding is required per the City of Dover purchasing policy. Staff recommended that a purchase order be issued to WESCO in the amount of $31,550 for a "V" type vacuum breaker with a 31,000 ampere symmetrical rating.
Mr. Lambert and Mr. Tudor questioned the recommendation, noting that by not bidding the purchase, the City may not be getting the best possible price. Mr. O'Connor stated that in order to acquire bids for the particular breaker needed, we would have to go outside of our territory to get other vendors to quote a price. Mr. Tudor stated that since this breaker will not be one that fits into an existing unit, there should be no problem with using a breaker from a different manufacturer. He reiterated previous concerns with purchasing from sole source vendors. Mr. Tudor also voiced concern with the technical language used in the Committee Action Forms, stating that staff should be directed to utilize laymen's terms when preparing action forms. It was his opinion that the technical nature of the action forms simply confuse members of Council, making it very difficult for them to make an educated decision.
Mr. O'Connor stated that City staff recommended this particular breaker because they feel it is the most reliable one available. Referring to the Committee Action Forms, Mr. O'Connor stated that matters associated with the McKee Run Generating Station are very complex and technical and it is very difficult to prepare the action forms in laymen's terms. He strongly urged members of Council that have questions on any action form to contact him and he will make arrangements to have City staff meet with Council to explain the matter fully and to show them at the plant site exactly what is being discussed.
After discussing the matter at length, the committee recommended that item #1 (McKee Run 12KV Breaker Replacement - Saulsbury Feeder) and item #2 (Upgrade of 12KV Breakers), which are both sole vendor purchases, be deferred so that the City Manager can obtain additional information prior to action by the committee. Mr. Tudor suggested that the City Manager contact AJP for comparison costs.
Utilizing the consent agenda format, Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.
Continuous Emission Monitoring System
In June 1995, the USEPA revised its requirements for the electronic reporting of emissions data, issuing Electronic Data Reporting Version 1.3. Compliance with this revision requires modification of the proprietary KVB Compliance software utilized for the McKee Run and VanSant generating stations. The EPA requirement for compliance with version 1.3 is January 1, 1996.
KVB was requested to submit a proposal for the software revisions to incorporate EDR Version 1.3. KVB submitted a proposal for the software maintenance for a period of one year, including the installation of EDR Version 1.3. The KVB proposal included: 1) All necessary software revisions to meet agency mandated changes and remain in compliance with 40CFR60 and 40CFR75; 2) hotline assistance in generating electronic data reports and data preparation for submission to regulatory agencies; 3) provides the latest operating systems supported by KVB; and 4) provides for the installation and start-up of the software on the plant equipment. They have quoted a fee of $55,500 to provide the annual software support service.
Mr. O'Connor explained that compliance with EDR 1.3 is an EPA requirement and the upgrades must be performed. The current software is proprietary, making the KVB the only vendor. City staff recommended that a purchase order be issued to KVB in the amount of $55,500 for software maintenance and upgrade to EDR version 1.3.
Referring to alternative #2 shown on the Committee Action Form, Mr. Fenimore asked if staff considered this alternative which is to secure another vendor to prepare and install new compliance software. Mr. O'Connor stated that this alternative was not seriously considered since it would require purchase of the initial software as well as the upgrade. He stated that he will investigate the costs for this alternative.
The committee recommended that the City Manager be authorized to move forward with the purchase of software maintenance and upgrade to EDR version 1.3 from KVB in the amount of $55,500, but that the City Manager investigate the costs of securing another vendor for the full software package.
As requested, Mr. O'Connor contacted vendors to determine if a software package could be obtained from someone other than KVB. The vendors indicated that without detailed specifications and information that could be termed proprietary from KVB, a quote would be difficult. They did, however, state that if their software would fit our equipment and KVB would release information, the software package would cost approximately $96,000. If the data acquisition systems (DAS) in place would not adapt to the software, the cost could be as high as $240,000.
Mr. Lambert moved to approve the purchase of a software maintenance and upgrade to EDR version 1.3 from KVB in the amount of $55,500, as recommended by the committee. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote.
Bid - College Road Express Feeder
The west side of Dover (including Fox Hall, Fox Hall West, Retreat and Turnberry) is being serviced by General Scott feed 12-194. There are numerous plans for future developments served by this isolated circuit. With the current load and future growth, the City may experience serious overloading as well as no possibility of system ties.
Mr. O'Connor explained that during the summer peak, circuit 12-194 operates at about 350 amps (the trip is 400 amps). To relieve this feeder and provide future growth, an express circuit will be installed at McKee Substation. This new feeder will provide additional backup as well as split 12-194. In addition to reducing load on this system, it will also provide additional capacity to the Dover Downs circuit. Bids were submitted by six vendors, with Power Plus submitting the low bid of $41,000. City staff recommended that a purchase order be issued to Power Plus in the amount of $41,000.
The committee recommended that staff be authorized to issue a purchase order to Power Plus in the amount of $41,000.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Hare and unanimously carried.
COUNCIL APPOINTMENTS
Building Inspector
Mr. Hare moved to nominate Mr. Anthony DePrima to serve as Building Inspector, seconded by Mr. Leary and unanimously carried. Mr. Leary moved that nominations be closed, seconded by Mr. Hare. The nomination of Mr. Anthony DePrima was unanimously approved.
City Assessor
Mr. Hare moved to nominate Mr. L. Chapman Lucas as City Assessor, seconded by Mrs. Malone and unanimously carried. Mr. Leary moved that nominations be closed, seconded by Mr. Salters. The nomination of Mr. L. Chapman Lucas was unanimously approved.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of November 27, 1995. Mr. Hare moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mrs. Malone and unanimously carried:
Section 4-16 - Keeping of Bees
Mrs. Malone moved for adoption of the following ordinance, seconded by Mr. Salters and carried by a roll call vote of seven (7) yes, two (2) no (Mr. Lambert and Mr. Fenimore):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
The Code of Ordinances of the City of Dover is hereby amended by adding a new section to Chapter 4 to be designated as Section 4-16 to read as follows:
Section 4-16. Keeping of Bees
Bee hives for the housing of a bee colony shall not be located closer than 150 feet from any of the following structures: residential, hospital, public eatery, church, office or school. Universities, colleges, museums and farms of two acres or more may maintain hives on their properties in a safe manner provided that the hives meet a 50 foot setback requirement from buildings on adjacent properties. Universities, colleges, museum facilities and farms of two acres or more are exempt from the 150 foot setback requirement for buildings that are located on their properties. Any bee hive that is declared a nuisance by a majority vote of the City Council may be required to be removed or relocated.
ADOPTED: December 11, 1995
Section 2-186(b) Form of Benefits
Mr. Hare moved for adoption of the following ordinance, seconded by Mr. Leary 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 2, Article IX, General Employee Pension Plan, Section 2-186, Form of Benefits, of the Dover Code be amended by deleting subsection (b) in its entirety and inserting in lieu thereof the following:
(b) Upon the death of a participant who has retired, or who is eligible to be retired under any of the provisions of this article, payment shall be made to his eligible survivor(s) in the amount of (50) percent of the monthly payments to which the participant was or would have been entitled. In no instance shall actual monthly payments be less than $100, to be effective January 1, 1996. Upon the death of both a retiree and eligible survivor, if the benefit payments received in aggregate are less than the member's contributions, the balance of the member's contributions will be paid to the surviving beneficiary designated or their estate if no designation has been made and submitted to the pension board.
ADOPTED: December 11, 1995
Section 2-196(f) - Contributions
Mr. Hare moved for adoption of the following ordinance, seconded by Mr. Leary 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 2, Article IX, General Employee Pension Plan, Section 2-196, Contributions, of the Dover Code be amended by deleting subsection (f) in its entirety and inserting in lieu thereof the following
(f) Each eligible employee not drawing any retirement benefits from the City as of February 1 each year, who makes an irrevocable decision to join the deferred compensation plan shall become a deferred compensation plan participant on February 1 of that same year and shall forfeit participation in the City of Dover employee's pension plan. A member who withdraws from the pension plan in this manner shall have his accumulated contributions paid to him, with interest, after such date of withdrawal and he shall forfeit any other payments from the pension plan.
ADOPTED: December 11, 1995
Sections 13-70 thru 13-72 - Downtown Parking
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Leary and carried by a unanimous roll call vote:
BE IT ORDAINED BY MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover City Code be amended as follows:
Section 1. Amend Chapter 13, Article II by adding a new division to read as follows:
Division 4. Downtown Parking.
Section 13-70. Definitions.
As used in this division, all terms shall have the same meaning as provided in Title 21 of the Delaware Code, unless the context requires otherwise. In addition, the following terms shall mean as indicated below:
(a) "Designated area" shall mean those areas within the Downtown Business District and any parking lot controlled by the Dover Parking Authority.
(b) "Downtown Business District" shall mean that part of the City of Dover bounded by, and including South State Street, North Street, Queen Street and Reed Street and any other areas designated by the Chief of Police and the City Manager.
Section 13-71. Parking Limitations.
(a) No person shall stop, stand, or park a vehicle within any designated area for a longer period of time than is permitted by the applicable traffic control device.
(b) No person shall move a vehicle from one parking space to any other parking space for the purpose of evading time limitations on parking. There shall be a rebuttable presumption that any vehicle that is moved from one space to another space in the immediate area has been moved for the purpose of evading time limitations on parking.
(c) A second parking ticket may be issued for the same violation provided more than two hours have elapsed since the issuance of the first ticket. No more than two parking tickets may be issued per day for violating subsection (a) of this section.
Section 13-72. Enforcement Techniques.
(a) In enforcing this chapter, police officers and other employees designated to enforce parking restrictions are authorized to use chalk marks or other tracking devices on the tires of parked vehicles or any other identifying mark that does not deface the vehicle.
(b) It shall be unlawful for any person to erase or obliterate such markings for the purpose of interfering with the enforcement of this chapter.
ADOPTED: December 11, 1995
Section 13-1 - Abandonment Prohibited (Definition of Abandoned Vehicle)
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Leary 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 13, Motor Vehicles and Traffic - Section 13-1, Abandonment Prohibited, of the Dover Code be amended by deleting the definition of Abandoned Vehicle in its entirety and inserting in lieu thereof the following:
Abandoned Vehicle: Any motor vehicle parked continuously at one location on a public street for a period of five (5) days.
ADOPTED: December 11, 1995
Section 13-7 - Notification of Funeral Processions Required
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Leary 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 Section 13-7, Notification of Funeral Processions Required, of the Dover Code be amended by deleting this section in its entirety and inserting in lieu thereof the following:
Sec. 13-7. Notification of funeral processions required.
It shall be unlawful to have a funeral procession upon the City streets without first notifying the Chief of Police as to the date, time and route of the procession. When requesting traffic assistance from the Police Department, the funeral director will notify the Police Department within twenty-four (24) hours prior to the start of the funeral procession.
ADOPTED: December 11, 1995
Section 13-30-2 - Vehicle Parking Limited Where Carrying Capacity is in Excess of One Ton, and Trailer and Motor Home Parking
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Leary 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 Section 13-30-2, Vehicle Parking Limited Where Carrying Capacity is More Than One and One-Half Tons, of the Dover Code be amended by deleting subsections (a) and (b) in their entirety and inserting in lieu thereof the following:
Sec. 13-30-2. Vehicle Parking Limited Where Carrying Capacity is in Excess of One Ton, and Trailer and Motor Home Parking
(a) It shall be unlawful for any person to park any vehicle with a carrying capacity of more than one ton, any trailer which includes but is not limited to boat, utility, construction or one that is used to carry goods regardless of weight capacity and is designed to be towed or pulled by another vehicle, or any vehicle or trailer combination thereof, or any motor home or travel trailer on the streets of the City for a period longer than two (2) consecutive hours.
(b) It shall be unlawful for any person to park any commercial vehicle with a carrying capacity of more than one ton, any trailer which includes but is not limited to boat, utility, construction or one that is used to carry goods regardless of weight capacity and is designed to be towed or pulled by another vehicle, or any vehicle or trailer combination thereof, or any motor home or travel trailer in any residential zone in the City except for temporary parking for immediate deliveries, pickups, and/or service calls to residences or for construction work on residential properties. A commercial vehicle shall be one which is used or maintained for the transportation of persons or property for hire, compensation or profit, except taxicabs.
(c) Non residents are exempt from subsection (b) for a period of up to seven (7) days as long as their motor home or travel trailer does not create a safety hazard or interfere with traffic in the residential area that they are parked in.
ADOPTED: December 11, 1995
Section 13-36 - Abandonment Prohibited
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Leary 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 Section 13-36, Abandonment Prohibited, of the Dover Code be amended by deleting this section in its entirety and inserting in lieu thereof the following:
Sec. 13-36. Abandonment prohibited.
It shall be unlawful for any person to park or leave any vehicle on any public street for more than five (5) days so that it becomes an abandoned vehicle. The Chief of Police is empowered to extend the period of time to address special circumstances. An attempt to notify the owner of an abandoned vehicle will be made by the Police Department prior to having the abandoned vehicle removed from a public street.
ADOPTED: December 11, 1995
Council President Christiansen reminded everyone that a Special Council Meeting will be held on Tuesday evening, December 12, 1995, at 6:30 p.m. for the presentation on Electric Options at which time a public hearing will be held. He also indicated that on December 13, 1995, a meeting of the Legislative and Finance Committee will be held at 5:45 p.m. and that a Special Council Meeting will immediately follow.
Mr. Leary moved to adjourn into executive session to discuss legal matters, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 7:53 P.M.
JANICE C. GREEN
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of December 11, 1995, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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