REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 8, 1994 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. 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.
Mrs. Rexene Ornauer of 17 Mifflin Road relayed her appreciation for the informative Quarterly Open Town Meeting on August 1st. She stated that the presentation by the Canyon Group on available electric system options was excellent and that it clearly showed the complexities of the problems and the various alternative considerations available.
The invocation was given by Pastor Doreina A. Miles, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Leary moved for approval of the agenda, seconded by Mr. Hare and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 25, 1994
The Minutes of the Regular Council Meeting of July 25, 1994 were unanimously approved by motion of Mr. Hare, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF AUGUST 1, 1994
The Minutes of the Quarterly Open Town Meeting of August 1, 1994 were unanimously approved by motion of Mr. Lambert, seconded by Mr. Hare and bore the written approval of Mayor Hutchison.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on July 26, 1994 with Chairman Hare presiding.
Noise Ordinance Review
During their meeting of May 24, 1994, members directed staff to review the concept of utilizing decimeters and the possibility of amending the current noise ordinance establishing a decibel level.
Chief Smith advised that after review of several noise ordinances from other cities and towns, it was found that Rehoboth Beach was the only agency that utilizes a meter to register noise levels; however, it was indicated that the meter is seldom used due to its ineffectiveness in most situations. The Newark Police Department has a meter; however, it is not utilized due to the training requirements and enforcement difficulties. The necessary equipment would cost approximately $1,326, with an annual recertification cost of $150. The cost for a one day training session is estimated at $1,000, which would be a continuing task for the police officers. Staff recommended no change to the current noise ordinance. Chief Smith assured members that the police department would continue to place emphasis on the enforcement of the noise ordinance.
Noting that business owners are concerned with knowing the level of noise permitted, Mr. Hare felt that the City should establish a certain noise level that must be maintained. He also felt that this would assist the police officers in determining if the noise ordinance has been violated since what one individual may feel is disturbing may not be to another individual.
Chief Smith explained that the problem with enforcing the current noise ordinance would not be solved by establishing a maximum noise level or the use of a decimeter. He advised members that unless a police officer witnesses the violation or a citizen files a complaint, the police department cannot make an arrest. Chief Smith explained that this situation would not be solved by utilizing a decimeter. He also felt that enforcement could become more difficult, that the costs to implement such an ordinance appear excessive, and its reliability is speculative since there would be the possibility of false readings due to other noise in the area.
The committee recommended no change to the current noise ordinance at this time and that the Police Department begin including the number of tickets issued for residential noise violations and business noise violations in their monthly reports.
Mr. Hare moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.
Mr. Hare moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on July 26, 1994 with Chairman Lambert presiding.
Request to Waive Sidewalk Requirement- Maple Dale Minor Subdivision
During their meeting of June 14, 1994, members considered a request from Maple Dale Country Club for waiver of the requirement for sidewalks for the proposed development of five (5) single family lots located on the northwesterly corner of Kenton and Maple Dale Roads. After discussing the matter at length, it was referred to staff for further review and recommendation. The committee directed that staff obtain correspondence from the gas and telephone companies indicating their concurrence with the installation of sidewalks over their utilities.
Mr. O'Connor advised members that the gas and electric companies are very concerned with their utilities being located under a concrete sidewalk. He also stated that red maple trees are located along Maple Dale Road and that placing sidewalks near these trees could create future maintenance problems.
Mr. DePrima stated the Planning Commission reaffirmed their position requiring the installation of sidewalks on Maple Dale Road and granting a waiver on Dover-Kenton Road.
Mr. O'Connor stated that if the City granted a waiver at this time, the developer would not have the responsibility of installing sidewalks. He explained that the City would own and have the right to utilize the right-of-way for pedestrians as well as the motoring public. However, he assured members that Council could require the installation of sidewalks in the future.
It was felt by some members that the sidewalk should not be required in this particular area at this time unless sidewalks are going to be required for the entire area and it was suggested that if the City decides to require the installation of sidewalks in the Fox Hall and Retreat area in the future, this area could be included.
The committee recommended approval of the request from Maple Dale Country Club for waiver of the requirement for sidewalks for the proposed Maple Dale Minor Subdivision located on the northwesterly corner of Kenton and Maple Dale Roads.
Mr. Lambert moved for approval of the committee's recommendation to approve the request from Maple Dale Country Club for waiver of the requirement for sidewalks for the proposed Maple Dale Minor Subdivision. The motion was seconded by Mr. Hare and carried by a roll call vote of six (6) yes, two (2) abstentions (Mr. Leary and Mr. Hare) and one (1) absent (Mr. Salters).
Mr. Weyandt asked that if, in the event it becomes necessary to have sidewalks for safety purposes, the Maple Dale Country Club would have objections to installing a sidewalk in another location along the roadway. Mr. Berry stated that he could not answer this question without review by the Board of Directors. Mr. Christiansen suggested that Mr. Weyandt pursue this matter at a later date with Mr. Berry. Mr. Lambert reminded Council that if the need arises, the City can mandate the installation of sidewalks at a later date.
Annexation/Rezoning Request- East Side of McKee Road
A request for annexation was received from Elizabeth Campbell and Francis R. Raughley for their property located on the northeast side of the intersection of College and McKee Roads.
Mr. DePrima explained that the site was selected by the Capital School District for a new elementary school. The Comprehensive Plan, as recently amended by the 1991 Corridor Study, recommends manufacturing and industrial uses. Also, the 1986 Comprehensive Plan designated lands immediately across from McKee Road for a potential school site. To the north and northeast are agricultural lands and woodlands zoned R-S in the County. To the east is the College Business Park zoned M (Manufacturing), IPM (Industrial Park Manufacturing) and CPO (Commercial/ Professional 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 Apartment).
The Planning Commission recommended approval of the request for annexation with a zoning designation of I/O. The proposed I/O (Institutional/Office) zoning permits business, professional, governmental offices, public and institutional uses, and restaurants.
The committee recommended approval of the request for annexation/rezoning of the property located on the northeast side of the intersection of College and McKee Roads. (It is noted that an annexation referendum has been set for August 11, 1994 and that a zoning public hearing has been set for August 22, 1994.)
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried. (Final action by Council on the annexation and rezoning of this parcel will take place during the Council Meeting of August 22, 1994.)
Fuel Fund Reserve Account
During their meeting of July 25, 1994, Mr. Weyandt suggested that members consider increasing the Fuel Fund Reserve Account from maintaining a $1M balance to a $2M balance.
Mr. Lambert stated that the current minimum reserve was established approximately two years ago to be set at $1M. He stated that the concept of maintaining a $1M balance is to compensate for the fluctuating price of fuel, alleviating the need to constantly change electric rates.
After discussion, the committee recommended that the City continue maintaining $1M in the Fuel Fund Reserve Account and that review of the fuel adjustment be performed on a monthly basis should the reserve account go below $3M.
Mr. Weyandt questioned the motion, stating that he would be more comfortable with a motion to raise the required limit. Mr. Lambert stated that rather than changing the limit to $2M, the committee felt that it would be more prudent to raise the flag at the $3M level and require review on a monthly basis at that point.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote (Mr. Salters absent).
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Hare and unanimously carried.
Mr. Leary moved for adjournment, seconded by Mr. Weyandt and unanimously carried.
Meeting Adjourned at 7:50 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 8, 1994, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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