ANNUAL COUNCIL MEETING
The Annual Council Meeting was held on May 9, 1994 with Mayor Knopf presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Hutchison, Mr. Salters, Mr. Hare and Council President Christiansen.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Boaman and Mr. Rodriguez.
The Swearing In Ceremonies were conducted outside, in front of City Hall. The invocation was given by Dr. Reed Stewart, followed by the Pledge of Allegiance.
OATHS OF OFFICE - MAYOR AND COUNCIL
The Honorable Myron T. Steele, Judge of the Superior Court, administered the oath of office to the Mayor and Council, as follows:
Mayor - James L. Hutchison
Councilman - At-Large (1 yr term) - Francis R. Weyandt
Councilman - First District - Thomas J. Leary
Councilman - Second District - Robert W. Lambert
Councilman - Third District - Robert H. Tudor
Councilman - Fourth District - John W. Pitts
RECESS
A short recess was declared for photographs of the newly sworn members of Council and the Mayor.
RESOLUTION - MAYOR AARON O. KNOPF
By motion of Mr. Lambert, seconded by Mr. Salters, Council unanimously adopted the following Resolution:
WHEREAS, Aaron O. Knopf was sworn into office as Mayor of the City of Dover on May 11, 1992; and
WHEREAS, Mayor Knopf has been a resident of Dover since 1957 and is a successful businessman; and
WHEREAS, through sheer determination and hard work, Mayor Knopf played a major role in ensuring the construction of a fire station on the west side of Dover; and
WHEREAS, Mayor Knopf, along with staff, encouraged the State Department of Transportation to rent space in the Water Street parking lot which created additional revenue for this, Dover Parking Authority and removed the Central Delaware Transit buses from the congested location on Loockerman Street; and
WHEREAS, Mayor Knopf served as chairman of the Metropolitan Planning Organization Council which was formulated in November 1992, and placed Dover in a position to have a voice regarding roads and transportation matters in general; and
WHEREAS, Mayor Knopf demonstrated his desire to serve the citizens and show support to various groups regardless of race, religion or creed, and he opened his home on several occasions to entertain prominent citizens of different countries and various arts groups, and all(owed his home to be displayed for Old Dover Days.
NOW, THEREFORE, BE IT RESOLVED that Members of City Council recognize the hundreds of hours and personal sacrifices given by Aaron O. Knopf.
BE IT FURTHER RESOLVED that Members of City Council extend their best wishes t(-.) Mayor Aaron O. Knopf in his future endeavors and that the City Clerk is hereby directed to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation for service to the Dover citizenry.
ADOPTED: May 9,1994
On behalf of the Mayor and Council of the City of Dover, Mayor Hutchison and Council President Christiansen presented Mayor Knopf with the Resolution, A Dover Cup, City Plaque and a Key to the City.
Mayor Knopf offered the following remarks:
"In most peoples lifetime they seldom, if ever, have the opportunity to experience any form of government from the inside. I truly feel privileged to have had that opportunity as Mayor in of the City of Dover. The education that comes with the position can be had only in the office itself. No college course or training manual or word of mouth can provide you with the learning that goes on day to day. From day one, to the very last day that you serve, you have a learning experience, which by the way, can be really wonderful or terribly depressing. Believe it or not, there are more good and uplifting days than bad ones. Those days when you have won a battle and provided a beneficial service to your community, are wonderful and they keep you going. It is sort of like applause to an entertainer.
I used to wonder why our council men and women and our legislators keep running term after term. Now, I know. It is those moments of sweet victory. Thank goodness I had mine. For example: getting the west Dover Fire Station built. Getting the Department of Transportation to rent the Water Street parking lot and reducing the debt of the Parking Authority. Encouraging the development of the City Hall parking lot and creating a new reserve stream. Becoming the Chairman of the Metropolitan Planning Organization and helping to bring the Police Department expansion to another vote.
These were the things I felt were victories and there were other projects I was working on and by the way, I didn't do everything alone. There was help from many people. I would have liked to have gotten more done for the poor and homeless and our children and had more time to devote to economic development, but time just ran out for me. I truly believed that you wanted change but the fact is, not as fast as I wanted to give it to you.
Your current Council and incoming Mayor and the At-Large Council Person are pretty much the same people you have had for the last five years or more, with a couple of exceptions. I hope I have had a positive affect on their thoughts about the future of our City and the position the Mayor plays in our current form of government.
During the next two or three years, some of the most important decisions this City has ever experienced will have to be made. You can be sure some will not be popular. Although I will no longer be your Mayor, I will continue to be a citizen of this community and as such be concerned with its success.
In closing, I want to thank all of the management and staff of this great City for their support these past two years. Dover is truly fortunate to have a group of people so loyal and dedicated.
Aaron O. Knopf"
AGENDA ADDITIONS/DELETIONS
Council President Christiansen requested the addition of item #6A - Proclamation - National Public Works Week. Mr. Leary moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 25, 1994
The Minutes of the Regular Council Meeting of April 25, 1994 were unanimously approved by motion of Mr. Leary, seconded by Mrs. Malone and bore the written approval of Mayor Knopf.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF MAY 2, 1994
The Minutes of the Quarterly Open Town Meeting of May 2, 1994 were unanimously approved by motion of Mr. Salters, seconded by Mr. Leary and bore the written approval of Vice-Mayor Christiansen.
PROCLAMATION - NATIONAL-PRESERVATION WEEK
The City Clerk read into the record the following Proclamation:
WHEREAS, historic preservation enriches the lives of all people by providing a greater understanding of American heritage; and
WHEREAS, historic preservation is relevant for communities across the nation, from urban to rural areas, main streets to waterfront towns; and
WHEREAS, Preservation Week 1994 provides an opportunity for citizens of all ages and from all walks of life to recognize the important role that historic preservation plays in individual lives and in communities; and
WHEREAS, "It's your memory. It's our history. It's worth saving.' is the theme for Preservation Week 1994, co-sponsored by Main Street, Dover, Inc. in Dover, Delaware: and the National Trust for Historic Preservation.
NOW, THEREFORE, I, JAMES L. HUTCHISON, Mayor of the City of Dover d(I hereby proclaim May 8 - 14, 1994, as National Preservation Week and call upon the people of Dover to recognize and participate in this special observance.
The Proclamation was accepted by Ms. Nan Hagen of Main Street Dover.
PROCLAMATION - NATIONAL PUBLIC - WORKS
The City Clerk read into the record the following Proclamation:
WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and program such as water, sewer, streets and highways, public buildings, solid waste collection and snow removal; and
WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction, is dependent upon the efforts and skill of public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform,
NOW, THEREFORE, 1, JAMES L. HUTCHISON, Mayor of the City of Dover, do hereby proclaim May 15 through 21 as "NATIONAL PUBLIC WORKS WEEK" in the City of Dover and call upon all citizens and civic organizations to acquaint themselves with the problems involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety and comfort.
The Proclamation was presented to Mr. Richard Scrafford, Public Works Director for the City of Dover.
STATE OF THE CITY MESSAGE - MAYOR JAMES L. HUTCHISON
Mayor James L. Hutchison offered the following State of the City Message:
“Mr. President, Members of City Council, invited guests and citizens. With the changing of command, there are new ideas and new directions to be taken. The Office of the Mayor must have a close working relationship with the Council, City staff and most importantly the citizens of Dover.
Many issues will face this City in the months to come; items such as the power plant, the Mayor's role in City government, the growth of our City, and the expansion of the police department - to name a few.
During the past year, we were fortunate to hire Jim O'Connor as our new City Manager. Jim has been with us for almost a year. He and his wife Sherry have already had a big impact on the City. Jim is a people person, a hands on individual who is very much involved in the community. He is a member of the Capital City Rotary Club and the Chamber of Commerce. He is very involved with Kent County Tourism and Dover Air Force Base. He works very well with the City staff and with Council.
After reviewing the power plant operation, Jim divided the operation into two separate: units -production and transmission. Each unit has a manager who reports directly to him. This change provides better control and accountability.
The following '94/'95 budget items were proposed by the City Manager in a letter to Mayor and Council dated May 1, 1994:
• No Tax Increase
• No Rate Increase for Water/Wastewater Utility
• Realize Better Returns from the Utilities
• No Electric Rate Increase
• Maintain Existing Services
Keep in mind that these are the City Manager's recommendations and final authority rests with City Council.
FINANCE DEPARTMENT
Under the very capable leadership of Mike Karia and his staff, our financial matters are in very good hands. I thank him and his staff for such a good job for so many years.
The City overall has a lot to be proud of -- each department of the City has demanding responsibilities, but with their commitment to this City -- the job gets done.
GOALS
I am setting the following goals for the Office of the Mayor during the next two years:
• To establish a partnership working with City Council, City staff and the citizens in addressing problems facing our City both now and in the future.
• To put together the Mayor's Advisory Team.
• To develop a strong relationship with our State and County Governments.
• To complete the computerization of the City, which will give us better accountability and enhance our operations.
• To continue to address the crime problem. There are certain areas in the City that are plagued with crime -- from drugs, loitering, noise violations, trash problems and housing violations. These areas are going to be a high priority. We are going to work with City staff, our City Planner, and the Police Department to get these areas cleaned up and make this City safe for the people who live and work here.
I look forward to the many challenges facing this Office and the City of Dover. It would be impossible for the elected officials to carry our their responsibilities unless we had the department heads and employees working for us. Not only do our employees get the job done, but they take pride in what they do. We also have numerous volunteers that serve the City of Dover. Their contributions are greatly appreciated.
I want to thank all of you for your past support and I am looking forward to working together for a better Dover. "
PUBLIC HEARING ON REZONING OF PROPERTY LOCATED AT 131 S. KIRKWOOD STREET - JEFFREY AND WANDA BOWERS
A public hearing was duly advertised for this time and place to consider rezoning of property located at 131 S. Kirkwood Street, owned by Jeffrey and Wanda Bowers.
Planner’s Review
The City Planner relayed that the Planning Commission recommended approval of the rezoning request. He explained that to the north and adjoining the subject property are lands zoned RG-1 (General Residence) which includes several single-family and multi-family dwellings and several vacant building lots. East of the site are lands zoned RG- I which are developed predominantly in a medium density residential pattern consisting of single-family, duplex and multi-family dwellings. To the south, bordering the site are lands zoned RG-1 which are occupied by a single family house and a pole shed platform structure. Further south along the frontage of Loockerman Street are lands zoned C-2 (Central Commercial) which include a multi-family dwelling structure on the comer of Loockerman and Kirkwood Streets, a barber shop and a church. To the west, across Kirkwood Street are lands zoned C-3 (Service Commercial), which are occupied by a warehouse complex which formerly housed Delaware Lumber Company. Also along the westerly side of Kirkwood Street are two vacant properties zoned C-2 and the Bibleway Temple: Church which is zoned RG-1.
The 1986 Comprehensive Plan Update designates this property for central commercial uses, the proposed uses in this designation include general businesses as well as high density residential.
The Dover Central Area Plan of 1989 recommends residential land uses in this portion of the Downtown Area and specifically identifies this area as an important region of downtown providing affordable housing opportunities for city dwellers. The Plan emphasizes the need for code enforcement and rehabilitation of existing housing as well as the construction of new housing for moderate income households.
The existing building on the subject property previously housed a non-conforming retail business on the first floor. The building is currently designed as a commercial store space on the first floor with plate glass store front window and doorway features. The second floor is designed for use as an apartment dwelling unit. It appears this property was originally a one or two family dwelling. There is little or no yard area associated with this building, because this property is non-conforming in the RG1 zone, it can could only be utilized as a single family dwelling.
Referring to the Planning Commission minutes, Mr. Salters asked why the Planner recommended against requiring a deed restriction on the property prohibiting the sale of liquor from the premises. Mr. DePrima stated that such a restriction or condition to zoning could be interpreted as contractual zoning which can cause legal problems. He felt that the concerns of the sale of liquor could be addressed by the City with the Alcoholic Beverage Control Commission if a liquor license is ever requested for this site.
Mr. Salters stated that this particular site was a blemish to the area and since the liquor store closed, the area has begun to improve. The citizens in this area do not want to risk the possibility of another liquor store at this site and he urged Council to institute a restriction to prohibit the future sale of liquor at the site. The City Solicitor reiterated Mr. DePrima's concern with the concept of contractual zoning and stated that the best way to handle the concern is for City Council to go on record as objecting to the sale of alcohol from this site at the present time and anytime in the future. The Alcoholic Beverage Control Commission holds public hearings prior to issuing liquor licenses and the City's objections would be heard by the Commission.
Mr. Hare reminded Mr. Salters that the Planning Commission reviewed the application in detail and had all the facts before them when making their recommendation. They discussed the proposal for a deed restriction and made the decision to not pursue it.
Mr. Lambert stated that although he agrees with the concerns of Mr. Salters, he felt that the rezoning could bring about some very positive changes in the area. He did not want the rezoning to be jeopardized by the concern of a future liquor store if the concerns can be addressed by the City through communications with the Alcoholic Beverage Control Commission.
Public Hearing
Mayor Hutchison declared the hearing open.
Ms. Anna Hammond of 505 Troon Road urged Council's approval of the rezoning. She understands the concern over the possibility of the future use of the building, but she assured Council that the owners have no intent of involving alcohol in their business and they plan to remain in business for a very long time. The New Century Community Development Corporation plans to operate a convenience store that will serve the community while training young people to operate a business. All profits from the business will be used towards betterment of the neighborhood. She reminded Council that the vacant building is doing no good for the neighborhood.
Mr. Jeffrey Bowers, owner of the property, explained that he and his wife purchased the property both as a business investment and as an opportunity to give something back to the community. He approached Mr. Clay Hammond of the New Century Community Development Corporation to work with him in developing the property in a positive manner. Mr. Bowers stated that he and his wife went door to door to the citizens of Kirkwood Street to discuss their plan and the residents supported the convenience store concept.
As requested by Mr. Weyandt, Mrs. Ornauer (a member of the Planning Commission) stated that the Commission fully considered all aspects of the request, including the concerns of the possibility of a liquor store.
Mayor Hutchison declared the hearing closed.
Mr. Hare moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Weyandt and by a unanimous roll call vote (Mr. Christiansen absent), 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 AT 131 SOUTH KIRKWOOD 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 RG-1 (General Residence) to C-2 (Central Commercial).
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-2 on that property located at 131 South Kirkwood Street, owned by Jeffrey W. and Wanda C. Bowers.
ADOPTED: May 9, 1994
ANNEXATION/REZONING REQUEST - 1331 N. LITTLE CREEK ROAD (JAMES & ANN HOOVER) AND LOT #173 NIXON LANE (VICTORIA HOOVER)
An annexation referendum was held on May 3, 1994 for property located at 1331 N. Little Creek Road, owned by James M. and Ann Hoover and lot #173 Nixon Lane, owned by Victoria Hoover.
Referendum Results
The City Clerk reported that the referendum was held with three eligible voters. Three votes were cast in favor of the annexation, with zero votes cast against annexation.
Annexation
By motion of Mr. Hare, seconded by Mr. Salters, Council adopted the following Resolution by a unanimous roll call vote (Mr. Christiansen absent):
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:
1131 North Little Creek-Road
Parcel #4
ALL that certain lot, piece or parcel of land, with no improvements erected thereon, situated in East Dover Hundred, Kent County and State of Delaware., lying on the north side of the North Little Creek Road which leads from Dover to.) Little Creek, being bounded on the south by the North Little Creek Road, on ft, west by a dirt street laid out by Oscar A. Reed, the easterly line of said dirt street being parallel with and five hundred seventy-five (575) feet west of the center of Acorn Lane which runs between the North Little Creek Road and the White Oak Road, said lot being bounded on the north by other lands of James M. Hoover anc.1 wife and on the east by lands of Anna Trifillis.
Parcel#5
ALL that certain lot, piece or parcel of land situated in East Dover Hundred, Ken t County, State of Delaware, lying at the Northwest intersection of the North Little Creek Road with a 30 feet wide street (Nixon Lane) which street runs about parallel with and about 385 feet West of Acorn Lane, being bounded on the South by said North Little Creek Road, on the West and North by lands formerly of Oscar Reed, now of James M. Hoover, on the East by said 30 feet wide street (Nixon Lane).
173-Nixon-Lane
Parcel M
ALL that certain lot, piece or parcel of land situated in East Dover Hundred, Ken it County and the State of Delaware, lying on the west side of Nixon Lane, a short distance north of Delaware Route #8 (North Little Creek Road), being bounded on the east of Nixon Lane, on the south by lands of James M. & Ann C. Hoover, on the west by Girl Scout Lane and on the north by lands of Cynthia S. Records, and being more particularly described in accordance with a survey by Earl D. Smith., Professional Land Surveyor, dated October 11, 1993.
2. The above described property shall be annexed into the City of Dover with EL zoning classification of R-8 (Single Family Residential) 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 10th day of May, 1994 at 12:01 a.m. o'clock.
ADOPTED: May 9, 1994
Public-Hearing - Zoning Classification
The City Planner explained that the two properties proposed for annexation are single family residences and did not require referral to the Planning Commission. The current county zoning classification for the properties is RS-1 (Single Family Residence). The City Planner recommended that the properties be given a City of Dover zoning classification of R-11 (Single Family Residence).
Mayor Hutchison declared the public hearing open.
There was no one present wishing to speak during the public hearing.
Mayor Hutchison declared the public hearing closed.
Mr. Weyandt moved for approval of the rezoning as recommended by the Planner. The motion was seconded by Mrs. Malone and by a unanimous roll call vote (Mr. Christiansen absent), Council adopted the following ordinance. (The first reading of the proposed ordinance was accomplished during the Council Meeting of March 28, 1994):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 173 NIXON LANE, AND 1331 NORTH LITTLE CREEK 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-1 - Single Family Residential (Kent Count), zoning classification) to R-8 - Single Family Residential (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-1 (Kent County zoning classification) to R-8 (City of Dover zoning classification) on that property located at 173 Nixon Lane, owned by Victoria Hoover; and 1331 North Little Creek Road, owned by James M. and Ann C. Hoover.
ADOPTED: May 9, 1994
COUNCIL APPOINTMENTS - 1994/95
Council-President/Vice-Mayor
Mrs. Malone nominated Robin R. Christiansen to serve as Council President/Vice--Mayor, seconded by Mr. Pitts.
Mr. Leary moved that nominations be closed, seconded by Mr. Hare and unanimously carried. The motion was unanimously approved and Robin R. Christiansen will serve as Council President/Vice Mayor for 1994/95.
City Solicitor
Mr. Hare nominated Nicholas H. Rodriguez to serve as City Solicitor, seconded by Mr. Leary.
Mr. Salters moved that nominations be closed, seconded by Mr. Leary and unanimously carried.
The motion was unanimously approved and Nicholas H. Rodriguez will serve as City Solicitor for 1994/95.
Deputy City Solicitor
Mr. Salters nominated William Pepper to serve as Deputy City Solicitor, seconded Mr. Hare.
Mr. Lambert moved that nominations be closed, seconded by Mr. Leary and unanimously carried. The motion was unanimously approved and William Pepper will serve as Deputy City Solicitor for 1994/95.
Eire Marshal
Mrs. Malone nominated John W. Raughley to serve as Fire Marshal, seconded by Mr. Hare.
Mr. Hare moved that nominations be closed, seconded by Mr. Salters and unanimously carried. The motion was unanimously approved and John W. Raughley will serve as Fire Marshal for 1994/95.
City Clerk/Alderman
Mr. Lambert nominated Debrah J. Boaman to serve as City Clerk/Alderman, seconded by Mr. Salters.
Mr. Leary moved that nominations be closed, seconded by Mr. Hare and unanimously carried. The motion was unanimously approved and Debrah J. Boaman will serve as City Clerk/Alderman for 1994/95.
Assistant City Clerk/Deputy Alderman
Mr. Hare nominated Janice C. Green to serve as Assistant City Clerk/Deputy Alderman, seconded by Mr. Weyandt.
Mr. Weyandt moved that nominations be closed, seconded by Mr. Salters and unanimously carried. The motion was unanimously approved and Janice C. Green will serve as Assistant City Clerk/Deputy Alderman for 1994/95.
Mr. Lambert nominated Mike Karia to serve as Treasurer/Finance Director, seconded by Mr. Leary.
Mr. Weyandt moved that nominations be closed, seconded by Mr. Salters and unanimously carried. The motion was unanimously approved and Mike Karia will serve as Treasurer/Finance Director for 1994/95.
Assistant Treasurers
Mr. Hare nominated Debrah J. Boaman and Janice C. Green to serve as Assistant Treasurers, seconded by Mr. Leary.
Mr. Weyandt moved that nominations be closed, seconded by Mr. Leary and unanimously carried. The motion was unanimously approved and Debrah J. Boaman and Janice C. Green will serve as Assistant Treasurers for 1994/95.
Mayor Hutchison requested that the Mayor's committee appointments be deferred until the Council Meeting of May 23, 1994. Mr. Salters moved for deferment of the appointments as requested, seconded by Mr. Weyandt and unanimously carried.
COMMITTEE APPOINTMENTS - COUNCIL
Mayor Hutchison reported that the Council President has requested that Council Committee Appointments be deferred until the Council Meeting of May 23, 1994. Mr. Weyandt moved for approval of deferment of the appointments as requested, seconded by Mrs. Malone and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on April 26, 1994 with Chairman Salters presiding.
Remuneration Review Committee - Report on Review of Remuneration Levels for City Council Members
Council for a report back to the committee. Mr. Joe McDaniel, Chairman of the Citizens Committee, explained that the committee reviewed the City's current policies and ordinances regarding the reimbursement of expenses for Members of City Council and noted that all expenses associated with the official positions of City Council are paid by the City. Therefore, -the only area of discussion was that of the level of remuneration. Mr. McDaniel stated that members of Council were paid for attendance at 37 meetings during the 1993 calendar year at the rate of $75 per meeting, with the Council President reimbursed at the rate of $90 per meeting. It was the committee's opinion that this was ample remuneration for a public service position and recommended no change to the current remuneration level for members of City Council.
The committee recommended acceptance of the Citizens Committee's report and recommendation.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.
Quarterly Write-Off of Uncollectible - Electric-Bills
City staff submitted the proposed quarterly write-off of electric bills for the period October 1, 1992 through December 31, 1992 that have shown no collection activity for a period of one year or longer. The proposed write-off of $22,235.21 includes $14,684.61 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.
Staff recommended endorsement of the write-off of uncollectible electric bills in the amount of $22,235.21.
Mr. O'Connor stated that when purchasing software for the new computer systems, Staff will continue to explore Council suggestions such as placement of liens for delinquent electric bills and will continue to research the concept of not requiring deposits.
The committee recommended endorsement of the write-off of uncollectible electric bills in the amount of $22,235.21. Mr. Leary moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried.
Council Voting - Roll Call Votes - (Council President Christiansen)
Based upon citizen suggestions, Mr. Christiansen recommended that members consider that a 2/3 vote of Council on roll call votes be required to approve all ordinances, bids, contracts, rezoning, and annexations. He also suggested consideration of requiring a 3/4 vote on motions to purchase or sell City property above $50,000 in value require a 3/4 vote.
Since Mr. Christiansen was not present at the committee meeting, the Committee tabled action on the proposal.
Noting that he also was not present at the committee meeting, Mr. Leary wished to express his opposition to the proposal. He stated that rather than a motion taking several positive votes, the concept will change to seek only a few negative votes to defeat a motion. He recommended that the concept of majority rules remain intact.
Agreeing, Mr. Salters stated that any change to the present voting system would be circumventing the entire democratic progress, whereby the majority rules. He felt that a change would be unconstitutional and suggested that a legal opinion be obtained regarding this matter.
Noting that one vote could change a momentous event, Mr. Tudor explained that there are certain items of utmost importance that come before City Council that should require an absolute vote rather than just a majority.
Since Mr. Christiansen had to leave the meeting prior to the discussion, it was agreed that the committee will continue to review the matter for a recommendation to Council.
Amendments to Business License Code (Chapter 11)
Mr. DePrima, Planning and Inspections Director, presented members with proposed amendments to Chapter 11, Business Licenses, of the Dover Code. He explained that the amendments eliminate outdated and unused categories, consolidate similar definitions, add several modem categories, revise categories that were outdated and updated business license fees. Mr. DePrima also advised members that a section has been added that establishes the national "Standard Industrial Code" as a reference guide for categorizing Dover businesses.
The committee recommended approval of the proposed amendments to the Business License Code.
Mr. DePrima requested the addition of two additional amendments (amendment #2 - Open Market Operator and amendment #5 - Fees for Open Market Operators). He explained that the amendments will effect only permanent, for profit, flea markets/farmers market types of businesses. It was agreed that the two amendments will be added to the proposed amendments to the Business License Code and to Council Agenda Item #15 - First Reading of proposed Ordinances.
Mr. Leary moved for approval of the committee's recommendation, with the additions made by Council. The motion was seconded by Mrs. Malone and unanimously carried. (The first reading of the ordinance will take place during the latter part of the meeting.)
Miscellaneous Amendments to Zoning Code
Mr. DePrima, Planning and Inspections Director, presented members with miscellaneous zoning text amendments, as follows:
► Re-establish the RG-0 zone on a limited basis in central Dover.
► Relax regulations for decks, small accessory structures, and small structures that are accessory use of Silver Lake and the St. Jones River.
► Creation of Code requirements for sidewalks, which would bring the code in line with the current policies and practices of the Planning Commission.
The committee recommended approval of the proposed zoning text amendments and that a public hearing be set for June 13, 1994.
Mr. Leary moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried. (Me first reading of the ordinance will take place during the latter part of the meeting.)
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on April 26, 1994 with Chairman Lambert presiding.
Annexation/Rezoning Request - 385 Acorn Lane - Lawrence A. & Margaret DiEmidio
A request for annexation was received from Lawrence A. and Margaret DiEmidio for their property located at 385 Acorn Lane.
The City Planner explained that the requested annexation is for a single family home and does not require review by the Planning Commission. He stated that to the north, west and south of this property are single family homes that are zoned RS-1 in the County. To the east is the Independence Village subdivision zoned R-8 in the City. The Comprehensive Plan recommends low density homes. Since the request is compatible with the Comprehensive Plan and surrounding land uses, and because there is a need for City water and sewer, the City Planner recommended approval of the request for annexation with a zoning designation of R-20.
The committee recommended approval of the request for annexation of 385 A