REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 14, 1994 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Weyandt, 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.
Mr. Mike Chapman, 863 Woodcrest Drive, stated that he supports the creation of a municipal swimming pool in the City of Dover.
Mrs. Anne Gniesco, 265 Mifflin Road, relayed her concern with the creation of a municipal swimming pool in the City of Dover.
The invocation was given by Pastor Roland G. Coon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Leary moved for approval of the agenda, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 24, 1994
The Minutes of the Regular Council Meeting of October 24, 1994 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF NOVEMBER 7, 1994
The Minutes of the Quarterly Open Town Meeting of November 7, 1994 were unanimously approved by motion of Mr. Salters, seconded by Mr. Lambert and bore the written approval of Mayor Hutchison.
PRESENTATION - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING
The Government Finance Officers' Association awarded a Certificate of Achievement for Excellence in Financial Reporting to Mike Karia for the City of Dover's Comprehensive Annual Financial Report for the fiscal year ended June 30, 1993. The Certificate is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management.
The plaque was presented to Mike Karia, Finance Director/Treasurer. Mr. Karia introduced his staff, Mr. Ray Cola, Mrs. Traci McDowell-Emory, Mrs. Susan Rowe and Ms. Robin Owens (Linda Grimm and Rhonda McMaster were unable to attend), stating that their team effort and diligence made the award possible and he relayed his appreciation for their many months of hard work.
PROCLAMATION - NATIONAL BIBLE WEEK
The Assistant City Clerk read into the record the following Proclamation:
WHEREAS, the Bible is the foundational document of the Judeo-Christian principles upon which our nation was conceived; and
WHEREAS, the Bible has been a constant source of moral and spiritual guidance for Americans throughout our history; and
WHEREAS, the Bible has profoundly influenced our nation's art, literature, music, laws and sense of charity; and
WHEREAS, the Bible continues to provide inspiration, hope and comfort for millions of Americans today; and
WHEREAS, for fifty-four years, women and men of all faiths have banded together in the Laymen's National Bible Association to sponsor National Bible Week as a time to remind their fellow Americans of the Bible's unique place in American life; and
WHEREAS, this annual emphasis has helped to strengthen spiritual understanding throughout America by encouraging personal reading and study of the Bible.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim November 20 - 27, 1994 as NATIONAL BIBLE WEEK in the City of Dover and urge all my fellow citizens to participate in the observances by reading the Bible and discovering for themselves its values for personal and community life.
PROCLAMATION - NATIONAL DRUNK & DRUGGED DRIVING PREVENTION MONTH
The Assistant City Clerk read into the record the following Proclamation:
WHEREAS, drivers and pedestrians impaired by alcohol and other drugs account for nearly 17,500 highway deaths annually; and
WHEREAS, motor vehicle crashes are the number one cause of death for children, adolescents, and young adults in the United States; and
WHEREAS, alcohol is involved in nearly half of all traffic fatalities; and
WHEREAS, injury and property damage resulting from alcohol-impaired driving cause physical, emotional, and economic hardship for hundreds of thousands of adults and young people; and
WHEREAS, comprehensive community-based strategies to further reduce and prevent impaired driving tragedies are known; and
WHEREAS, health care costs resulting from motor vehicle injuries cost American society over $14 billion a year and save $35,000 in health care costs alone for each serious injury that is prevented; and
WHEREAS, if we take a stand now, we can prevent impaired driving.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim December 1994 as NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH in the City of Dover and request all citizens, government agencies, public and private institutions, businesses, hospitals, and schools in the City of Dover to promote awareness of causes of driver impairment, existing and proposed laws intended to further reduce and prevent impaired driving, and opportunities to establish safer and healthier norms regarding the use of alcohol and other drugs for all citizens, particularly young people.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 316 FULTON STREET
A public hearing was duly advertised for this time and place to consider rezoning of property located at 316 Fulton Street, from RG-1 (General Residence) to C-1 (Neighborhood Commercial), owned by Henry R. & Tuhu C. Kesterson.
Planner's Review
The City Planner advised members that the Planning Commission recommended approval of the rezoning. In taking this position, the Commission considered the following points:
Surrounding Land Uses - To the north is a three (3) family home. To the northwest and across the alley is a single family home. To the west and across the alley is a parking lot for the Mt. Zion Church. To the south and across Fulton Street is a single family home. To the east is a three (3) family dwelling. All of the surrounding properties are zoned RG-1.
Mr. DePrima advised members that the property was the former location of Fulton & New Deli, which was a legal non-conforming use in the RG-1 zone. The Deli was destroyed in June 1994 by a tree that fell on the structure and, as a result, the structure had to be removed. In accordance with the zoning ordinance, Mr. DePrima explained that a non-conforming use cannot be re-established if more than 75% of the replacement cost of the use is destroyed. By changing the zone and making the use conforming the structure can be "rebuilt" within one year of the date that it was destroyed. After one year, a structure can only be built if it conforms with all of the bulk requirements (parking, setbacks, floor area ratio) of the zone. Given the size of the lot, it would be impossible for a structure to meet the bulk requirements of the C-1 zone.
While these types of neighborhood stores have diminished over the years, Mr. DePrima advised members that the planning community has recently been supporting the concept of creating pedestrian friendly neighborhoods that reduce the need to make automobile trips. He stated that there were no problems regarding the operation of the business in this neighborhood with the exception of complaints related to an outdoor pay phone which attracts loitering.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Bill Byler, Route #2 Box 668, Clayton, Delaware, advised members that he is the contractor for the project and is available for any questions.
In response to Mr. Salters, Mr. Kesterson, owner of the property, stated that on-street parking is available and that he does not foresee any problems. Concurring with the concerns regarding the outdoor pay phone, Mr. Kesterson assured members that the phone will be eliminated.
Council President Christiansen declared the hearing closed.
Mr. Weyandt moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance: (The first reading of this ordinance was accomplished during the Council Meeting of September 26, 1994.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 316 FULTON STREET, DOVER, DELAWARE.
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 RG-1 (General Residential Zone) to C-1 (Neighborhood Commercial Zone).
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 RG-1 to C-1 on that property located at 316 Fulton Street, owned by Henry R. and Tuhu C. Kesterson.
ADOPTED: November 14, 1994
LEGISLATIVE AND FINANCE COMMITTEE FINANCE COMMITTEE
The Legislative and Finance Committee Finance Committee met on October 25, 1994 with Chairman Salters presiding.
Funds - Parenting Institute Account
During his tenure, Mayor Richter initiated the creation of the Dover Parenting Center to address the parenting needs of Dover residents. Mr. Karia, Finance Director, advised members that the City has been maintaining a special account for the Parenting Institute, which has a balance of $1,842. The money was derived from a community event organized approximately three (3) years ago at Sam's Club. Mr. Karia stated that there has been no activity from this account since its creation. He requested that a parenting related activity be located that would utilize the funds so that the special account may be closed.
Noting that the goal of the project was to address the parenting needs of Dover, staff recommended that the $1,842 be designated to the Delaware State Parents Association to be used to organize parenting classes in the downtown target block areas. The committee recommended approval of staff's recommendation.
Mr. Salters advised members that he received a letter from Mrs. Lillian Jones, Executive Director of the Delaware State Parents Association, providing details regarding the use of the funds.
Mr. Salters moved that the funds in the Parenting Institute Account, in the amount of $1,842, be designated to the Delaware State Parents Association to be utilized to organize parenting classes in the downtown target block areas. The motion was seconded by Mr. Hare and unanimously carried.
Information Services Update
Mr. Larry Shank, Information Services Director, provided members with an update on the planned move of the Computer Center to 5 East Reed Street, which is scheduled for November 11th, and the installation of the new customer service, inventory and financial programs. He stated that the City has been using the new general ledger and accounts payable programs since July 1, 1994 and is in the process of finalizing the new inventory program at the warehouse.
In response to Mr. Leary, Mr. Shank advised members that although the new billing system will ultimately include all customer accounts, the water utility bills will be converted to the new system first. It is anticipated that the December 1994 water bills will be generated from the new system.
Mr. O'Connor stated that staff is in the process of correcting minor problems that have been experienced with the initiation of the accounts payable, general ledger and inventory programs; therefore, he has delayed any further work on the billing system until the new programs are running properly.
Responding to Mayor Hutchison, Mr. Shank assured members that the original master plan for total computerization, which was prepared by SCT, is utilized as a guide; however, he stated that some of the functions and priorities as originally listed in the plan have been altered.
Mr. O'Connor advised members that the transfer of the Computer Center from City Hall to 5 East Reed Street was accomplished during this past weekend. He stated that there were some minor problems which have been corrected and that the computer is now operating properly. Anyone wishing to observe the operations of the Computer Center is invited to visit the facility in the basement of 5 East Reed Street.
There was no further action by City Council.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Finance Committee Report, seconded by Mr. Hare and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on October 25, 1994 with Chairman Hare presiding.
S.R. #1/Route #8 Interchange
On July 12, 1993, the City went on record as opposing a Route #8 interchange with S.R. #1, other than the emergency access already planned, and that this opposition be made in a letter to DelDOT.
Mayor Hutchison stated that he was elected to serve as the Chairperson of the Dover Metropolitan Planning Organization (MPO) which was formulated to review Dover's transportation needs in the City. He stated that the Dover MPO is establishing 1995/1996 priorities and requested that members reconsider their opposition to a Route #8 Interchange with S.R. #1. He stated that the Chamber of Commerce has expressed a deep interest and concern with this project.
Mr. Horace Cook, representing the Central Delaware Chamber of Commerce By-Pass Committee, read a letter to members explaining that the committee was formed in 1985 to assist the Central Delaware Chamber of Commerce and the City of Dover in protecting the business climate and quality of life for the residents of the City of Dover. He advised members that the committee supports an interchange at Route #8 to be designed and built during Phase II of the S.R. #1 by-pass. Mr. Cook also advised members that the Kent County Association of Realtors and Main Street Dover support a Route #8 Interchange with S.R. #1 and feel that it is necessary in order to solve future traffic problems. He requested the City of Dover's support for a Route #8 interchange with S.R. #1.
Although Mr. Christiansen agreed that there is a need for an interchange closer to the center of the City, he relayed concern with an interchange on Route #8, feeling that it would increase the amount of traffic in a residential area. He asked if consideration has been given to providing an interchange on Route #88. He has received comments from representatives of Dover Downs and the Dover Mall that support an interchange at Route #88, feeling that it would address the need of channeling traffic to the downtown area and is much more conducive to the area needed for an interchange than the Route #8 site.
Several residents of the Edgehill area relayed concern with the traffic patterns that will exist with an interchange on Route #8, since they felt it would create more traffic through their neighborhood causing concern for the safety of children. Residents reminded members that during previous consideration of a Route #8 interchange, a petition was submitted from residents of the community in opposition to a Route #8 interchange.
Concurring, Mr. Carey suggested that an interchange be developed that would relieve the traffic in residential neighborhoods east of Dover.
Mr. Al Hedgecock, Executive Vice President of the Central Delaware Chamber of Commerce, indicated that the Chamber of Commerce supports an interchange on Route #8 since it is a wide street and would provide direct access to downtown Dover, as well as a connector to S.R. #1. He also noted that an interchange at Route #8 would provide a direct east/west access to and from Dover, which is extremely necessary, without the need of new construction. An interchange on Route #8 would provide those residents on the west side of Dover a direct access to S.R. #1 via Route #8. Mr. Hedgecock noted that Dover is the only capital with no direct access to its downtown and requested that the City of Dover support an interchange on Route #8.
Former Mayor, Crawford J. Carroll of 115 Park Drive, stated that several years ago, Route #8/Division Street was widened to provide an east/west artery through Dover. Mr. Carroll stated that the current location of the interchanges actually detract from access to Dover since the interchanges are located before and after Dover with no center city interchange. He urged members to support an interchange on Route #8, stating that it is necessary for the future of the City of Dover.
Mr. Richard Ornauer, 17 Mifflin Road, noted that the western and northern areas of the City have grown considerably. He felt that the proposed Scarborough Road Connector is the only proposal that would provide an access to S.R. #1 for those residents west and north of Dover and requested that members reject the proposed Route #8 interchange.
Responding to Mr. Lambert, Mr. DePrima stated a preliminary plan of the Greater Dover Transportation Study being performed by DelDOT should be complete in the Spring of 1995. He advised members that the plan will include the results of traffic patterns throughout the entire City, including Route #8 and center city Dover. Once the preliminary plan is complete, Mr. DePrima stated that several meetings and public hearings will be held and that a final report is scheduled to be complete by August 1995.
Although they supported the needs of the businesses, several members stated that they are concerned with the effect the interchange on Route #8 would have on the residents. Prior to making a recommendation, they felt that review of the Greater Dover Transportation Study should be accomplished. The committee recommended that the MPO review the Greater Dover Transportation Study to obtain additional information for a report back to the committee.
Mr. Hare moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
Mr. Hare moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Salters and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on October 25, 1994 with Chairman Lambert presiding.
38 KV Class Breaker for MidCity Tie Station
The planning and design of the MidCity 69 to 22KV Tie Station requires a second 38KV Class Breaker in order to complete the 22.9KV System Loop through the station for system versatility and stability. Staff recommended that the bid be awarded to WESCO in the amount of $28,025.
The committee recommended approval of staff's recommendation.
Mr. Lambert moved that the bid be awarded to WESCO in the amount of $28,025 for a 38KV Class Breaker for the MidCity Tie Station. The motion was seconded by Mr. Hare and carried by a unanimous roll call vote.
Easement Agreement with Conrail
Mr. O'Connor advised members that in order to provide electric service to the new Playtex plant, two railroad crossings are required at Walker Road. Conrail requires that a Resolution be adopted approving railroad crossings and the authorization for the Mayor to execute an Easement Agreement, as prepared by Conrail. Approval of the first railroad crossing agreement was accomplished during the Council Meeting of October 11, 1994. Staff provided members with a Resolution and Easement Agreement for the second crossing.
The committee recommended approval of the Resolution and Easement Agreement (as on file in the Office of the City Clerk).
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Salters. By a unanimous roll call, the motion was approved and the following Resolution adopted:
WHEREAS, Consolidated Rail Corporation has requested a Resolution from the Mayor and Council of the City of Dover concerning the construction of a 22,000 volt circuit over and across the land, railway and tracks of the Delmarva Secondary Track of Railroad (Line Code 1223), at Valuation Station 2411+69+, located 1095 feet north of Mile Post 48 (M.P. 47.79) in the City of Dover, County of Kent, and State of Delaware.
WHEREAS, an Agreement between the Consolidated Rail Corporation and the City of Dover has been prepared.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council hereby authorize an Agreement to be entered into with the Consolidated Rail Corporation for the construction of said circuit across the property of Consolidated Rail Corporation.
2. That the Mayor and Council authorize the Mayor of the City of Dover to execute the aforesaid Agreement.
ADOPTED: November 14, 1994
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.
APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION - NOVEMBER 21, 1994
The Robbins Hose Company Election will be held on November 21, 1994. The following persons were nominated to serve as judges for the election:
Donald Hayes Harry Hayes John McCoy (alternate)
Mr. Hare moved for approval of the appointments, seconded by Mrs. Malone and carried with one (1) abstention (Mr. Christiansen).
FIRST READING - PROPOSED ORDINANCES
During their Regular Meeting of October 10, 1994, Members of Council tabled action on the approval of Section 11-8, License Application (Bond Requirements), to allow time for the necessary changes to be made as recommended by the City Planner. It was noted that these changes required the establishment of Section 5-20, New Home Warranties, which was presented to members for a first reading.
Mr. Tudor questioned having a first reading on the proposed amendment to Section 5-20 since it has not been reviewed by the Legislative and Finance Committee Finance Committee. Mr. Tudor moved to refer the proposed amendment to Section 5-20 to the Legislative and Finance Committee Finance Committee for their review and recommendation, seconded by Mr. Leary.
Mr. DePrima stated that as a result of Council's consideration of the proposed ordinance amendment to Section 11-8, Section 5-20 was established to allow new home builders to be exempt from the bonding requirements of contractors provided in Section 11-8. He assured members that although the amendment to Section 5-20 is a separate section of the Dover Code, it was offered in conjunction with Section 11-8. Mr. DePrima explained that it is necessary to approve Section 5-20 and Section 11-8 in tandem; therefore, should Council wish to refer Section 5-20 to the Legislative and Finance Committee Finance Committee, he requested that the first reading of Section 11-8 be delayed.
Mr. Hare moved to table the First Reading of the proposed amendments to Section 5-20 and Section 11-8 of the Dover Code, to be referred to the Legislative and Finance Committee Finance Committee in two (2) weeks. The motion was seconded by Mr. Leary and unanimously carried.
Mr. Weyandt moved to adjourn, seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 8:12 P.M.
JANICE. C. GREEN
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of November 14, 1994, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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