REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 22, 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, 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 Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lambert requested an addition to the agenda to allow the City Manager to update Council on the problems associated with the recent water contamination.
Mr. Weyandt moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 8, 1994
The Minutes of the Regular Council Meeting of August 8, 1994 were unanimously approved by motion of Mr. Lambert, seconded by Mr. Pitts and bore the written approval of Mayor Hutchison.
PROCLAMATION - WALK FOR RECOVERY
The City Clerk read into the record the following Proclamation:
WHEREAS, substance abuse is a major public health problem that is both preventable and treatable; and
WHEREAS, Aids, birth defects, highway fatalities, domestic violence, child abuse, violent crimes and the cost of prosecution, incarceration, health care, and loss of work productivity could be reduced through education and various treatment programs; and
WHEREAS, funds for treatment services continue to be inadequate to serve the many people who need and request help despite the overwhelming scientific evidence and the irrefutable collective experience that treatment works and is cost effective; and
WHEREAS, the Addictions Coalition of Delaware, Inc., will be coordinating the Sixth Annual "Treatment Works" Month in September 1994, helping to increase awareness of the belief that treatment really does work.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim September 24, 1994, as "WALK FOR RECOVERY" in the City of Dover, and urge citizens to recognize the importance treatment can have on society and to support the efforts of the Addictions Coalition of Delaware, Inc.
The Proclamation was accepted by Mr. Jim Huard, Director of Addictions Coalition of Delaware. Mr. Huard conveyed his appreciation to Mayor and Council for the Proclamation and for their support in the past. He reminded the public that treatment truly saves money, stating that on the average, treatment costs approximately $2,235 per person annually. Incarceration costs approximately $39,600 per person annually. He urged continued support by the City and by the community and invited participation in planned events on September 24th.
UPDATE BY CITY MANAGER - RECENT PROBLEM ON WATER CONTAMINATION
City Manager, Mr. James O'Connor, stated that the source of contamination of a portion of the City's water supply was found to be the result of a rusted and broken hatch on the water storage tank that permitted roosting birds to contaminate the stored water. The area of contamination is properties north of Division Street/Route #8 and east of Silver Lake. Mr. O'Connor stated that flushing of the lines and chlorination has eliminated the contamination for all water users living south of Route #88. Water test results for properties north of Route #88 still show contamination and the City will continue chlorination. Water samples are being taken throughout the entire water system. It is hoped that the entire northeast quadrant of the City will be free of contamination by the end of the week.
ANNEXATION/REZONING - FRANCIS H. RAUGHLEY AND ELIZABETH ANN CAMPBELL TRUST - PROPERTY ON EAST SIDE OF MCKEE ROAD, NORTH OF COLLEGE ROAD
An annexation referendum was held on August 11, 1994 for property located on the east side of McKee Road, owned by Francis H. Raughley and Elizabeth Ann Campbell Trust.
Referendum Results
The City Clerk reported that the referendum was held with two eligible voters. Two votes were cast in favor of the annexation, with no votes cast against annexation. Mr. Salters moved for acceptance of the referendum results, seconded by Mr. Leary and unanimously carried.
Annexation
By motion of Mr. Lambert, seconded by Mr. Pitts, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
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 contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
ALL that certain farm, plantation or parcel of land situated in East Dover Hundred, Kent County and State of Delaware, lying on the North side of the public road leading from the Dover and Smyrna road to the Dover and Kenton road, adjoining lands now or late of William Denney, lands of Thomas Cook and lands of others containing forty-three acres of land, be the same more or less, the improvements thereon being a two story farm dwelling house and other outbuildings.
EXCEPTING THEREFROM the following tracts of land:
1. Deed from Lillian M. Raughley and Francis H. Raughley, her husband to William H. McKee, Jr. and Pauline McKee, his wife, dated March 23, 1932, and of record in the Office of the Recorder of Deeds, in and for Kent County, at Dover, Delaware, in Deed Record Book E, Volume 14, Page 161.
2. Deed from Francis H. Raughley and Lillian M. Raughley, his wife, to the State of Delaware, dated April 19, 1938, and of record in the office of the Recorder of Deeds aforesaid, in Deed Record Book H, Volume 15, Page 130.
3. Deed from Lillian M. Raughley and Francis H. Raughley, her husband, to Harry F. Camper and Carolyn Virginia Camper, his wife, dated November 12, 1953, and of record in the office of the Recorder of Deeds aforesaid, in Deed Record Book F, Volume 20, Page 418.
4. Deed from Lillian M. Raughley and Francis H. Raughley, her husband, to George J. Bundek and Dorothy E. Bundek, his wife, dated October 19, 1955, and of record in the Office of the Recorder of Deeds aforesaid, in Deed Record Book C, Volume 21, Page 334.
5. Deed from Lillian M. Raughley and Francis H. Raughley, her husband, to Garry Deyoung, Jr., and Mary J. Deyoung, his wife, dated August 13, 1957 and of record in the office of the Recorder of Deeds aforesaid, in Deed Record Book O, Volume 21, Page 375.
This is a 17.7+/- acre parcel situated on the northeast side of the intersection of College Road and McKee Road, located approximately 500' east of the intersection on College Road and approximately 659' north of the intersection on McKee Road, more commonly known as The Raughley Farm. (A map is available in the City Planner's Office for public viewing).
2. The above described property shall be annexed into the City of Dover with a zoning classification of I/O (Institutional and Office) in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 23rd day of August, 1994 at 12:01 a.m. o'clock.
ADOPTED: August 22, 1994
Public Hearing - Zoning Classification
The City Planner, Mr. Tony DePrima, explained that the property is currently zoned as R-S (Residential Single Family) in the County. The Planning Commission recommends that the zoning classification of this property be approved as I/O (Institutional/Office).
To the north and northeast are agricultural lands and woodlands zoned R-S in the County. To the east is the College Business Park industrial complex zoned M (Manufacturing), IPM (Industrial Park Manufacturing) and CPO (CommercialProfessional Offices) consisting of office and warehouse buildings. To the south and across College Road is the Westminster Village Retirement Community zoned I/O (Institutional/Office) and RG-5 (General Residence - Mid Rise Apartments). To the southwest and adjacent are five (5) single family homes zoned R-S in the County. Further to the southwest and across McKee Road are three commercial buildings zoned RGO (Residence/General Office) and C2A (Limited Commercial) and a church zoned R-10 (Residential -Single Family). To the west and across McKee Road are farmlands and a small legal non-conforming commercial building zoned R-20 (Single Family residential) .
The Comprehensive Plan, as recently amended by the 1991 Corridor Study, recommends Manufacturing and Industrial Uses. It is interesting to note that the 1986 Comprehensive Plan designated lands immediately across Saulsbury Road for a potential School site. Within the text of the Plan is the following discussion of potential school sites:
"The residential development concentration planned for the northwest quadrant of the City, as well as the south central area, where no schools presently exist, suggests the need for the eventual construction of two (2) new elementary schools to serve the needs of the future residents of these two areas. The Community and Recreation Facilities Plan proposes the construction of the first of these schools in the vicinity of the intersection of McKee and College Roads. The specific site selected should be west of McKee Road to avoid separating the schools from the neighborhoods it is intended to serve by a heavily used arterial road."
The land designated in the Plan is the site of the Emerald Point Subdivision which was approved several years ago, but never constructed.
The Annexation Policy as recently adopted by the City Council categorizes this site as being "most desirable" for annexation due to its proximity to existing services and because it is within an area that is surrounded by lands within the City.
This site was selected by the Capital School District for a new elementary school after considering at least four (4) locations in west Dover. The Planning Department was consulted on the various sites and this site was the preferred site out of the four (4) choices presented by the School District. The reasons staff preferred this location was that it is well supported by existing arterial roads; it is centrally located with respect to existing and planned residential development; it is within close proximity to Delaware State University; there are no apparent environmentally sensitive areas on the site; and there are surrounding vacant lands for future acquisition and expansion if necessary.
The Planning Commission recommended approval of this annexation and zoning for the following reasons:
1. The surrounding lands are compatible with a school, except that the College Business Park should be heavily buffered through landscaping, setbacks, and fencing.
2. While this proposal is contrary to the Manufacturing/Industrial designation in the 1991 Corridor Study Amendment and the 1986 Land Use Plan Map, the 1986 Community Facilities Plan recommends this general area for a school site. While the site is not west of McKee Road as preferred, it is consistent with the general location recommended.
3. A decision contrary to the plan recommendation would be appropriate given the limited sites available. This particular site was selected after a serious search and evaluation of alternate sites.
Council President Christiansen declared the public hearing open.
Mr. John Noble, attorney representing the Capital School District, was present and urged Council's approval of the rezoning.
Council President Christiansen declared the public hearing closed.
Mr. Hare moved for approval of the rezoning request as recommended by the Planning Commission, seconded by Mr. Salters. By a unanimous roll call vote, Council adopted the following ordinance. (The first reading of the proposed ordinance was accomplished during the Council Meeting of June 27, 1994.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE EAST SIDE OF MCKEE ROAD, NORTH OF COLLEGE ROAD.
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 RS - Single Family Residential (Kent County zoning classification) to I/O - Institutional and Office (City of Dover zoning classification).
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 RS (Kent County zoning classification) to I/O (City of Dover zoning classification) on that property located on the east side of McKee Road, north of College Road, owned by Lillian M. Raughley.
ADOPTED: August 22, 1994
LEGISLATIVE AND FINANCE COMMITTEE FINANCE COMMITTEE
The Legislative and Finance Committee Finance Committee met on August 9, 1994 with Councilman Leary presiding in the Chairman's absence.
Quarterly Write-Off of Uncollectible Electric Bills
The committee considered the proposed quarterly write-off of electric bills for the period January 1, 1993 through March 31, 1993 that have shown no collection activity for a period of one year or longer. The proposed write-off of $17,512.80 includes $5,195.17 from accounts that have filed for bankruptcy. The accounts are currently assigned to our collection agency and will remain there even when they have been written off.
Mr. Weyandt reiterated previous concerns that the period between the reading of the meter and disconnection for non-payment is too long and that the amount collected for electric deposits is too low. It was recommended that the Committee consider these concerns at a future meeting.
The committee recommended endorsement of the write-off of uncollectible electric bills in the amount of $17,512.80, and that in the future the Committee review options for improvement in the collection system.
Mr. Leary moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
Mr. Leary moved for acceptance of the committee report, seconded by Mr. Salters and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on August 9, 1994 with Chairman Lambert presiding.
Power Supply Opportunities
During the Quarterly Open Town Meeting of August 1, 1994 the Canyon Group gave a detailed presentation on various electric options available to the City of Dover (presentation information on file with the City Clerk's Office). It was agreed that the Utility Committee would review this material and attempt to make recommendations for the next step to take on this issue.
Mr. Lambert suggested that the committee look at the power supply opportunities and perhaps eliminate some options, formulate a plan of action and establish a time table for proposed completion of the project. He recommended that the concept of "selling" the power system be placed on the back burner for the present time and that all other options be fully considered. Once all other options have been considered, they could then be compared with the option of selling the system.
Mr. O'Connor recommended that Council agree to not sell the power system at this time and that they authorize him to have requests for proposals (RFP's) prepared so that all proposals can be evaluated in a comparable manner.
After discussing the matter at length, the committee recommend that the City's power system is not for sale at this time, stipulating that this motion does not preclude the decision to sell at a future date, and that staff proceed with the City Manager's suggestion to have RFP's prepared and proposed time tables established, for review at the next Committee Meeting.
Mr. Lambert moved for approval of the committee's recommendation. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote.
Update - DelDOT - Meeting with Secretary Canby
Mr. Lambert reported on a meeting with Secretary of Transportation, Ann Canby, where many issues were discussed, including signage on the SR 1 bypass, toll structure for trucks on SR 1, re-creation of wetlands/Puncheon Run Connector and associated truck traffic, Scarborough Road, Route #8 interchange, and the Senior Surrey. Mr. Lambert will keep the committee comprised of any future discussions on the above subjects.
Bid - New Feeder
The City reviewed the future growth in the southeast portion of Dover's electric system. The City's existing electrical service is not adequate to supply future needs in this area. Without adequate electric supply, a risk of low voltage and insufficient electric service is possible. With the purchase of a Hendrix Spacer wire, the problem would be resolved.
The committee recommended that a new electric circuit be built and that the bid be awarded to Wesco (the low bidder) at the price of $28,041.95.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
Contract - Tar Ditch Drainage Improvement - Phase I
In conjunction with the City's 1993-1998 Capital Improvement Plans, it was proposed to expand the Tar Ditch Storm Drain System in the area between Water Street and the St. Jones River. The project is designed to relieve flooding in the Water Street area and other areas in the drainage basin. In order to complete Phase I of the project from Water Street to the east side of Governors Avenue, bids were received for construction of approximately 625 LF of 54" and 66" diameter stormwater pipe and appurtenances. The work also includes water and sanitary sewer locations in Water Street and Governors Avenue.
The committee recommended that staff award Contract #93-94 Tar Ditch - Phase I to George & Lynch, Inc. (the low bidder) in the amount of $321,034.50
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
Mr. O'Connor stated that he researched questions raised by Mrs. Malone as to the purpose for the dip in the roadway on North Street at Governors Avenue. Mr. O'Connor stated that the road grade was altered to alleviate a water ponding problem. However, since Governors Avenue is State maintained, DelDOT agreed to take corrective action to address the drainage problem. Construction by the State is tentatively scheduled for the fall of 1994.
Responding to concerns raised by Mr. Weyandt relative to heavy flooding during recent rains, Mr. O'Connor stated that staff will ensure that the contract is completed in a timely manner.
Replacement/Purchase - Bucket Trucks
The Transmission and Distribution Department's vehicle replacement schedule and budget include the replacement of two bucket trucks and the purchase of one truck for a cable replacement crew. The vehicles listed for replacement are truck #775 which is a 1986 Ford Super Duty truck with 30' aerial device and truck #778 which is a 1985 GMC, Model 7000 equipped with a 40' aerial device. There will be a transfer of funds of $20,000 to purchase the three bucket trucks.
The committee recommended that staff accept the low bid without trade for the purchase of three trucks from Baker Equipment for $208,370 and the sale of unit #778 to Nesco, Inc. for $7,500 resulting in a net expense of $200,870,
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
In answer to Mr. Weyandt's question on the proposed use for the two old trucks, Mr. O'Connor stated that they would be used as reserve units but that their use will be limited due to their age.
U.S. Route #113 Sanitary Sewer Main Extension
In conjunction with the City's 1993/94 Capital Improvement Plan, it was proposed to construct approximately 1,400 L.F. of eight (8) inch gravity sewer main from Miller Road in a southerly direction to the properties north of Bay Court Plaza. A portion of this project would be assessed to properties which are currently on a septic system. During their meeting of July 11, 1994, the committee tabled this issue to allow staff the opportunity to review proposed sewer line extensions.
Mr. O'Connor informed the committee of a letter from Mr. Robert Peterson expressing his concern over the possible delay of the project. Mr. O'Connor relayed that Mr. Peterson's property is currently on a septic system and there is no immediate problems as of today, but that problems could develop in the future. If the City could assess all properties and if the parcels of land that are now vacant were developed, we would receive an assessment of $37,840. At this time, the property is not being proposed for development and would not be assessed under the City's policy. The maximum assessment the City would receive for installing the line and assessing the properties as of today would be $11,040. Mr. Lambert felt that an expenditure of $82,169.41 to serve two customers would not be in the best interest of the City. As the former owner of this property, Mr. Tudor relayed that the septic system was replaced and is in adequate condition to serve the property.
The committee recommended that all bids be rejected at this time.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
MONTHLY REPORTS - JULY
It was noted that the financial reports for the month of July will be presented during the Council Meeting of September 9, 1994. Mr. Weyandt moved for approval of the following monthly reports, seconded by Mrs. Malone and unanimously carried.
City Assessor Report
City Clerk/Alderman Reports (Fines)
City Manager Report
After discussion on the Chief of Police Report and the Building Inspector/Fire Marshal's Report, Mr. Salters moved for their approval. The motion was seconded by Mr. Lambert and unanimously carried.
Mr. Weyandt moved for adjournment, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:05 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 22, 1994, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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