REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 13, 1995 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Weyandt and Mr. Hare. Mr. Salters was absent.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, 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.
Destruction of Guns - Mr. Tony Galla
Mr. Tony Galla of 925 Woodcrest Drive voiced his opposition to the City Police Department torching 200 confiscated guns. Mr. Galla reminded Council that the guns are not the villains. Had they been legally sold, they could have brought in a significant amount of revenue. Mr. Galla stated that once the guns were confiscated, they became the property of the City of Dover taxpayers. He stated his opinion that the City Police Department had no right to dispose of them in the manner they chose.
Chief Smith stated that former Attorney General Charles Oberly issued an opinion that the type of guns that were confiscated cannot legally be sold and must be destroyed.
The invocation was given by Father William Komstedt, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt moved for approval of the agenda, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 23, 1995
The Minutes of the Regular Council Meeting of January 23, 1995 were unanimously approved by motion of Mr. Weyandt, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
QUARTERLY OPEN TOWN MEETING OF FEBRUARY 6, 1995
The Minutes of the Quarterly Open Town Meeting of February 6, 1995 were unanimously approved by motion of Mr. Weyandt, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
RECOGNITION OF EMPLOYEE OF THE YEAR - RONALD L. SHORT
Council President Christiansen introduced Mr. Ronald L. Short who was chosen as the City of Dover 1994 Employee of the Year. Mr. Short "Shorty" is the Police Department jack of all trades ... janitor, heat/air conditioner repairman, groundskeeper, mechanic, deliveryman ... the list goes on and on. He greets everyone with a smile and a pleasant hello and is always willing to lend a helping hand. He is extremely polite and courteous and always carries himself in a professional manner. Shorty seems to have one speed and that is "high gear". When seen in passing, he is always walking with a purpose as he tackles his next task, regardless of how complex or simple. He works diligently on all projects and responsibilities and takes pride not only in doing his job, but in doing it well. Shorty believes in doing things right the first time, so that he does not waste valuable time with repeat procedures. He goes the extra mile every day by always being there when you need him. In emergency situations, regardless of the hour or day, he can be called upon as a source of information or for emergency response to the department. Shorty is a valuable asset to our Police Department and we are very proud to name him as the 1994 Employee of the Year.
In expression of appreciation by the City, Mayor Hutchison and Mr. O'Connor, City Manager, presented Mr. Short with an Employee of the Year Plaque. Chief Smith presented him with $500 savings bond and Mr. Hare presented him with a certificate for three additional vacation days.
Mr. Short, accompanied by family and friends, conveyed his appreciation for the recognition. He thanked Chief Smith, Major Faulkner, Captain Mays and Lt. Mosley, who were in attendance, for making his job so enjoyable. He stated that working for the City has been such a wonderful experience and he relayed his appreciation to everyone for selecting him as Employee of the Year.
ANNUAL REPORT - DOVER ARTS COUNCIL
The annual report of the Dover Arts Council was presented by Dr. Donald Parks, Chairperson, Mr. Don Kinsley, Vice Chairperson, and Mr. Robert Moyer, Executive Director. The Arts Council has been in existence for six years, consisting of 17 current Board members and seven standing committees. In 1994, the Arts Council received its third annual grant from the Delaware State Arts Council in the amount of $4,000 in general assistance funds. They will continue to apply for additional grants and will continue efforts to raise money in order to become more self-sufficient and less dependent upon public funds. Other efforts towards the goal of greater self-sufficiency include sales of sustaining (dues-paying) memberships, increasing revenues from existing programs, and developing new fund raising events.
During 1994, the Arts Council contributed programs to Old Dover Days and the Positively Dover community festivals. The executive director and two board members joined the committee organizing the Dover Art League's Collage of Cultures ethnic arts exhibit series. Planning and preparation has begun in earnest for the Arts Council's most ambitious project to date -- a regional arts festival. The co-sponsorships of Main Street Dover and the Central Delaware Chamber of Commerce were secured. The event will take place on June 17, 1995 and is expected to bring to Dover the attention it deserves as an arts resource in Delaware. The Festival is expected to develop into a source of income for its cosponsors. In addition to the above, the Arts Council's current programs are:
► Annual UnityFest - A one-day music festival of gospel, blues and jazz, taking place on The Green on the 4th Sunday in September. Co-sponsored with the Central Delaware Branch of the NAACP.
► Semi-Annual Capital City Tours of the Arts - Two day events featuring visual and performing arts in downtown businesses in the evenings of the 3rd Fridays of October and April, and in the afternoons of the following Saturdays. Co-sponsored with Main Street Dover.
► Community Arts Forum - Periodic meetings designed as learning and networking opportunities for Greater Dover's artists, scholars, and arts, humanities and cultural organizations, institutions and businesses -- often featuring guest speakers or panels of experts in various arts related fields.
► Ticket Sharing - An ongoing program that solicits donations of tickets from producers, presenters and sponsors of arts, humanities and cultural productions, programs and events, and provides them to educational and social service organizations, institutions and agencies for distribution to their individual students/clients who are economically disadvantaged, geographically isolated, and/or culturally under served.
► Information Services - Bi-monthly newsletter and directory of arts, humanities and cultural events (free, 2,000 circulation) weekly and daily programs on two local radio stations featuring events information and interviews with members of the local arts and humanities community.
Council President Christiansen thanked representatives of the Dover Arts Council for sharing their progress with City Council.
SET HEARING - REQUEST TO ABANDON ALLEY (LOCATED SOUTH OF FULTON STREET, RUNNING EAST TO WEST ON THE NORTH SIDE OF 28 N. KIRKWOOD STREET)
In 1994, Mr. Gregory Griffin had requested that the alley located south of Fulton Street, running east to west on the north side of 28 N. Kirkwood Street, be abandoned to allow the extra room needed to expand his home. The request was reviewed by the Utility Committee and the Planning Commission and both bodies recommended approval of the request. However, when it became apparent that the alley would be equally divided between Mr. Griffin and the other adjoining property owners, the request was withdrawn. Mr. Griffin now wishes to reinstate his request for abandonment of the alley. Since the matter has already been reviewed by the Utility Committee and the Planning Commission, the City Planner suggested that a public hearing be set by Council without referral to the two bodies.
By motion of Mr. Lambert, seconded by Mr. Leary, Council unanimously adopted the following Resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN ALLEY SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. The Council of the City of Dover favors the vacating and abandoning of the following alley:
ALL that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a public alley running east to west, lying on the westerly side of Kirkwood Street, between Fulton Street and Division Street and the alley parallel to Fulton Street, being 10 feet wide and approximately 145 feet in length, comprising 1,450 square feet, more or less.
Section 2. The Council of the City of Dover will sit on Monday, February 27, 1995, at 7:30 p.m., in the Council Chambers at City Hall, Dover, Delaware, to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of this Resolution in five or more public places in the City of Dover and to publish the same in a local newspaper published in said City.
ADOPTED: February 13, 1995
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on January 24, 1995 with Chairman Pitts presiding.
Proposed Ordinance Amendments - Open Space Policy
During their meeting of June 13, 1994, City Council established an ad-hoc committee to review the City's current open space policy. Chairman of the Open Space Sub-committee, Mrs. Malone, presented members with proposed ordinance amendments that would eliminate the current open space requirements as indicated in the Land Subdivision Regulations and Zoning Code and create a new Section 10, which reconstitutes the current requirements with several new provisions that establishes a unified Recreation, Open Space and Public Facilities section in the Zoning Code.
Mr. DePrima explained the major changes to the open space requirements, as follows:
► Requires the creation of open space and recreation areas for all residential developments.
► Recognizes and requires the creation of two types of open space: active recreation areas and passive open space for buffering and preservation of natural features.
► Requires that active recreation areas include the construction of recreation facilities; not simply the reservation of land.
► The amount of recreation area required is based on the number of dwelling units multiplied by 275 S.F. and not a simple reservation of a 10% of land as previously required; it is therefore, density sensitive.
► Open space for buffering and natural area preservation is still based on a percentage (5%) basis.
► Greater emphasis on maintenance and ownership by homeowner associations and developers, instead of the City.
► Provides specific definitions and guidelines for the development of open space and recreation facilities.
► Changes the roll of City Council. The proposed amendment requires the homeowners and/or developers to be responsible for the open space; therefore, it is a private transaction. Unless a cash in lieu of donation is involved, City Council approval would not be required.
Mr. DePrima referred to the letter submitted by Mr. Philip McGinnis and indicated that with the exception of item #1 and item #7, the changes are typographical errors or for clarification and that staff concurs with the suggested changes.
Responding to Mr. Tudor, Mr. DePrima assured members that the proposed amendment was distributed to a broad range of individuals for their comments, including all local developers, engineers, architects, and the Home Builders Association. Mr. Tudor felt that the proposed amendment does not indicate who would be the responsible party for deciding which type of design and recreational facilities would be required for a particular development. Mr. DePrima stated that the final decision will ultimately be that of the Planning Commission unless a cash in lieu of land donation is requested, which will require final approval of City Council. It was his feeling that the Planning Commission would only be permitted to reject a design and facilities plan if it was determined that it was not oriented to serve the residents of the proposed development. In accordance with Section 10.14, Recreation Area Review, of the proposed amendment, there are several equitable groups that review the proposed design and facilities plan prior to the submission to the Planning Commission for approval. He assured members that the proposed amendment would not allow the plan to be denied or approved by the decision of one individual.
Clarifying Mr. Tudor's concerns, Mrs. Maxted explained that the initial design of the recreational facilities proposed would be accomplished by the developer. This will allow each developer to choose a targeted age group for marketing the development and design the recreational facilities accordingly.
Mr. Tudor also relayed concern regarding the possibility of jeopardizing the parkland fund which was established by Council to assist in the funding of City parks, playgrounds or recreational purposes. Mr. O'Connor noted that under the current policy, the majority of those developers that provided a cash donation in lieu of parkland were for small developments or for those that did not have an appropriate area for the use of parkland. It was his feeling that the proposed amendments would not alter the number of developers that choose to either donate parkland or a cash donation in lieu of parkland.
Mr. Christiansen stated his concern with the proposed amendment regarding Section 10.175, Payment of Cash Donation. Noting that several developments have never been completely finalized, the possibility of a developer going bankrupt, and several other unforeseen problems, it was his feeling that 100% of the funds should be collected prior to issuing the first building permit for the development.
Mr. DePrima explained that since the property would remain with the homeowners association, the property would be taxable and it would be the responsibility of the homeowners association to provide maintenance on the land and the recreational facilities.
Mr. Hare questioned the potential liability to the City should an individual get hurt on the property. Mr. O'Connor explained that since it would be private property, the homeowners association would be the responsible party. The City would have no responsibility or liability.
Mr. Hare relayed concern with allowing children to utilize recreational facilities that are unsafe and felt that the City should have the responsibility of requiring the homeowners association to provide proof of insurance. Mr. Christiansen noted that there is a development in the City that currently owns and maintains their own recreational facilities. He explained that it is a mandatory part of the deed restriction that homeowners belong to the homeowners association and that, as a member of the association, the homeowners are completely aware that they are responsible for the recreational facilities.
A motion was made and seconded for the committee to recommend approval of the proposed ordinance amendments to the open space requirements, stipulating that Section 10.175 and 10.55 be amended to require 100% cash donation to be collected prior to issuing the first building permit for the development and that the changes as outlined in Mr. McGinnis' letter, with the exception of item #1 and item #7, also be included. (Since these are amendments to the Zoning Code and Land Subdivision Regulations, a public hearing would be required).
Noting that there are several concerns that have not been resolved, a motion was made and seconded to table the matter but the motion failed by a vote of two (2) yes, two (2) no (Mrs. Malone and Mrs. Maxted).
On a call for the question on the main motion, the motion failed by a vote of two (2) yes, two (2) no (Mr. Tudor and Mr. Pitts).
By request of Council President Christiansen, Mr. DePrima stated that he will meet with the City Solicitor to review the concerns indicated and that a response can be provided when the matter is presented to City Council during their meeting of February 13, 1995.
Mr. DePrima stated that all matters of concern have been discussed with Mr. Rodriguez and the necessary changes have been incorporated into the proposed ordinance.
Mrs. Malone moved for approval of the proposed ordinance amendments to the open space requirements, stipulating that Section 10.175 and 10.55 be amended to require 100% cash donation to be collected prior to issuing the first building permit for the development. The motion was seconded by Mr. Leary.
Responding to questions by Mr. Tudor, Mr. Rodriguez stated his opinion that there are remedies that could be used in situations where a developer has defaulted in proper maintenance of public open space. If the development has not been completed, the City could withhold issuance of further building permits. If the development is completed, the City could require proper maintenance of the open space, regardless of whether the developer owns it or if a homeowners association owns it. This would be accomplished by enforcement of City ordinances as is done with all properties in the City limits. Should the City want title to the property, the regulations could be written so as to transfer title of the property to the City in the event of default by the developer or homeowner association. It was basically agreed by Council that the City should not become involved in ownership.
After discussing the matter at length, Mrs. Malone called for the question on the motion to approve the ordinance with stated changes to Sections 10.175 and 10.55. The motion was approved with Mr. Tudor voting no. (The First Reading of the ordinance will take place during the latter part of the meeting.)
Mr. Leary moved for acceptance of the Parks and Recreation Committee Report, seconded by Mrs. Malone and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on January 24, 1995 with Chairman Lambert presiding.
Utility Improvements on The Green - Evaluation of Bids
In conjunction with the City's 1994 Capital Improvements Plan, it was proposed to replace approximately 550 L.F. of eight (8) inch gravity sewer and 960 L.F. of various size water main on both sides of The Green. Funding for the proposed project will be provided through the Water/Wastewater Improvement and Extension Fund.
The committee recommended awarding the contract to the low bidder, Teal Construction, Inc., in the amount of $162,395.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a roll call vote of eight (8) yes, one (1) absent (Mr. Salters).
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Hare and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on January 24, 1995 with Chairman Salters presiding. In the absence of Mr. Salters, the Legislative and Finance Committee Report was presented by Mr. Leary. Since there were no objections, the first four items were approved under the consent format.
Proposed Ordinance Amendment to Permit Computerized Signs - Kent Signs
Mr. Dale McAllister, Kent Signs, provided members with an overview on the function, efficacy and community value of electronic changeable message signs. He requested that members consider permitting the use of electronic signs in the City of Dover. Mr. McAllister advised that approximately one year ago, on behalf of the Dover Mall, Kent Signs requested a variance for the erection of an electronic sign in front of the Dover Mall. The Board of Adjustments denied the variance for safety reasons. Since then, Mr. McAllister contacted the Federal Government and State of Delaware and presented members with compiled researched information regarding this matter. He advised members that according to the Federal Highway Beautification Law, electronic message signs are permitted. Mr. McAllister also noted that several empirical and theoretical studies have been conducted by various research and academic organizations in an effort to determine if any causal relationship exists between the presence of roadside signs and traffic safety. According to an exhaustive study relating to electronic message signs included in the Federal Highway Administration Report of June 1980, the conclusion was made that "...under routine driving conditions, there is little, if any, correlation between driving performance and the presence of roadside advertising signs." Mr. McAllister noted several businesses along Route #13 (Sheraton Inn, Dover Mall, Dover Downs, etc.) that have contacted Kent Signs with an interest in erecting an electronic message sign and requested members to consider an ordinance amendment to permit computerized signs.
In accordance with size of signs limitations in the Zoning Code, Mr. McAllister assured members that the signs would be very small as compared to those seen in Las Vegas. He advised members that the costs for electronic signs range from $15,000 to $100,000; therefore, there would be a very limited use by businesses. It was his feeling that businesses that would have an interest in an electronic sign would be those located on Route #13.
Mr. DePrima explained that in accordance with Article 5, Section 4.2 of the City of Dover Zoning Code, electronic variable message signs are prohibited, with the exception of time and temperature signs. He relayed concern with traffic safety when electronic message signs are utilized, feeling that electronic reader boards and scrolling signs draw motorists' attention off the road for extended periods of time. Motorists are unable to glance at a scrolling sign and get the message like traditional stationary signs. Mr. DePrima recommended that this matter be referred to the Planning Commission to be considered in conjunction with the Route #13 corridor in updating the Comprehensive Plan.
The committee recommended that the concept of permitting electronic message signs be referred to the Planning Office and Planning Commission to be considered in conjunction with the Route #13 corridor in updating the Comprehensive Plan.
Mr. Leary moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried.
Proposed Budget Revisions
The committee recommended approval of the proposed budget amendments as recommended by Mr. Karia and the City Manager.
By motion of Mr. Leary, seconded by Mr. Hare, Council unanimously approved the following budget amendments:
A-1 General Fund - Receipts
Receipt
Beginning Balance
Interest Earnings
Library Revenue
Metropolitan Planning
Current
Estimate
$869,474
100,000
-0-
12,000
+ Addition
- Reduction
+$142,351
+70,000
+170,000
+3,028
Revised
Estimate
$1,011,825
170,000
170,000
15,028
Notes
To reflect the final amount per annual report.
(1) Higher rate
(2) Higher available balances
To incorporate the usage reimbursement effective July 1, 1994.
To incorporate actual reimbursement for expenses incurred.
A-2 General Fund - Expenditures
Expenditure
Environmental related - Wildcat
Fire
Library
Public Inspection
Fire Marshal
Debt Service Reserve
Current
Budget
-0-
498,377
601,688
398,484
40,631
-0-
+Addition
- Reduction
+$80,000
+8,000
+35,209
+1,690
+600
+259,880
Revised
Budget
$80,000
506,377
636,897
400,174
41,231
259,880
Notes
As approved by the City Council on December 21, 1994.
(1) $3,000 for uniforms for
firefighters.
(2) $5,000 for truck
maintenance.
To incorporate personnel, books, equipment and book rental neccessitated by increased demand.
For Office Equipment. Amount provided to include previous years’ item paid during the current year.
Purchase of radio.
To provide for possible debt service for General Obligation Bonds.
B-1 Water/Wastewater Fund - Revenues
Receipt
Beginning Balance
Beginning Balance - Wastewater
Interest Earnings
Current
Estimate
$814,797
82,407
20,000
+ Addition
- Reduction
+$38,273
+17,181
+12,000
Revised
Estimate
$853,070
99,588
32,000
Notes
Actual amount as per the annual report.
As above.
(1) Higher rates.
(2) Higher available balances.
B-2 Water/Wastewater Fund - Expenditures
Expenditure
Water
Water Treatment Plant