COUNCIL COMMITTEES
The Council Committees Meeting was held on October 26, 1993, at 7:00 p.m., with Councilman Salters presiding in the absence of Council President Christiansen. Members of Council present were Mr. Hare, Mr. Hutchison, Mr. Lambert, Mrs. Malone, Mr. Salters, Mr. Tudor and Mayor Knopf. Councilmen Leary and Pitts were absent.
AGENDA ADDITIONS/DELETIONS
Mr. Hutchison moved to accept the agenda as presented, seconded by Mr. Hare and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Acting Chairman Hare presiding. Councilman Salters was present. Councilmen Tudor and Hutchison were deputized to serve as members in the absence of Councilman Leary and Mr. Hindman.
PROPERTY SALE - 724 RIVER ROAD (CITY OWNED PROPERTY)
In August 1993, the City acquired property located at 724 River Road through a lien sale to recover demolition costs and sale related legal costs, in the amount of $7,638. Rather than keeping the property, Mr. Karia stated that it is the City's desire to recover the costs. He assured members that no City department has a need for the lot.
With a 1991 appraised value of $7,100 and 3.5% appreciation for fiscal years 1992, 1993 and 1994, staff has established a tentative minimum value of the property totalling $7,871. Staff recommended approval of the sale of property located at 724 River Road through sealed bids. It was noted that all closing and sale expenses would be paid by the buyer and that the City would have the right to reject any or all bids.
Mr. Hutchison moved to recommend approval of staff's recommendation, seconded by Mr. Salters and unanimously carried.
RESIDENCY REQUIREMENT - CITY ELECTED OFFICIALS AND COMMITTEES, COMMISSIONS AND BOARDS
Mrs. Malone requested that Section 5 of the Charter be amended to change the residency requirement from two (2) years to five (5) years for persons wishing to seek election for a City Council seat. Mrs. Malone also requested a five (5) year residency requirement for citizens appointed to serve on Commissions, Committees and Boards. During their Council meeting of September 27, 1993, members tabled action on the Legislative and Finance Committee's recommendation that no changes be made to the current requirements, and referred the item back to the committee for further review.
Since a majority of the members felt that a five (5) year residency requirement was too long of a period of time, Mrs. Malone requested consideration to amend Section 5 to change the residency requirement for City Officials from two (2) years to three (3) years and a three (3) year residency requirement for those appointed to Committees, Boards and Commissioners. She felt that this requirement would be an added precaution to insure that individuals running for public office and individuals in appointed positions would have adequate time to become familiar with the City, the needs of the citizens, and the policy making process.
Mr. Hutchison reminded members that according to the opinion submitted by City Solicitor Rodriguez, the residency requirements for the Mayor and Council persons of municipalities are subject to the equal protection clause of the Fourteenth Amendment to the Constitution which is viewed by the courts as a restriction on the right to run for public office. Mr. Hutchison recommended that the current residency requirements for City Council remain at two (2) years.
Voicing his objection to any changes, Mr. Lambert felt that citizens who live in the area, but reside outside the corporate limits of Dover, would be deprived of the ability to be appointed to a Committee, Commission or Board. As an example, he stated that if a citizen moves into the City limits after having lived just outside of the City limits for a number of years, they would be deprived of the opportunity to seek election to City Council until they have met a residency requirement of three (3) years.
Noting that the citizens have the power to vote for public officials, and members of Council have the power to approve appointments to Committees, Commissions and Boards, Mr. Hare recommended that no change me made to Section 5 of the Charter and that no requirement be established for appointment to Committees, Commissions and Boards.
Mr. Salters moved to recommend that Section 5 of the Charter be changed to require a residency requirement of three (3) years, and that a three (3) year residency requirement be established for appointments to Committee, Commissions and Boards, seconded by Mr. Tudor. The motion failed as a result of a tie vote of two (2) yes (Mr. Salters and Mr. Tudor) and two (2) no (Mr. Hutchison and Mr. Hare).
PROPOSED AMENDMENTS TO FIRE PROTECTION AND PREVENTION ORDINANCE
Mr. Wayne Hutchison, Chairman of the Fire Standards Committee, submitted proposed ordinance amendments to the Fire Protection and Prevention Code. He stated that the amendments would update the National Fire Protection Codes, establish a new fire protection permits and fees, consolidate and strengthen the regulation of public occupancies by establishing standards for fire alarm installation, and establish a re-inspection fee.
Responding to Mr. Tudor, Mr. DePrima stated that staff will follow the most current code when a developmental plan is submitted to the Planning Office for construction review. Mr. Hutchison stated that any plans that have been previously reviewed and approved by DAC should be exempt from the proposed ordinance amendments.
In response to Mr. Hare, Mr. DePrima advised members that the creation of the Construction Code Appeals Committee will replace the current Code Board of Appeals for Building, Housing, Plumbing, Mechanical and Fire Prevention.
Mr. Tudor moved to recommend approval of the proposed ordinance amendments (Attachment #1), seconded by Mr. Salters and unanimously carried.
QUARTERLY WRITE-OFF OF UNCOLLECTIBLE ELECTRIC BILLS
Members were provided with a list of uncollectible electric bills, in the amount of $16,111.78, which includes $2,459.88 from accounts that have filed bankruptcy. The list consists of those accounts from April 1, 1992 through June 31, 1992 which have shown no collection activity for a period of one year or longer. The list has been screened to insure that no one listed is currently in our utility customer base.
Mr. Tudor suggested that the City review the possibility of an ordinance that would require landlords to turn over a tenant's security deposit to the City for outstanding bills. Concurring, Mr. Hare requested that staff forward Mr. Tudor's comments to the City Solicitor for his review.
Mr. Hutchison moved to recommend endorsement of the write-off of uncollectible electric bills in the amount of $16,111.78, and that the City Solicitor review the possibility of an ordinance that would require landlords to turn over tenants' security deposits for unpaid utility bills. The motion was seconded by Mr. Salters and unanimously carried.
Mrs. Rexene Ornauer suggested that a quarterly report be created to depict the uncollectibles received from the City's designated collection agencies. (Note: This information is provided as a part of the Quarterly Write-Off Uncollectible Electric Bills Report).
Meeting Adjourned at 7:53 P.M.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Hutchison and Tudor and Mr. Carey.
MIDDLE WEST SERVICE COMPANY
The committee reviewed the Annual Engineering Consultant's Report for the Electric System of the City and related budgets for 1993/94 as submitted by the Middle West Service Company. This report is required under the Bond Resolutions adopted by the City in 1990, 1985, 1965 and 1960.
Middle West Service Company has reviewed the current fiscal year and has made recommendations for the next fiscal year in the areas of transmission and distribution procedures, electric system, insurance program and revenue tests related to the rates. The report mentions that the electric properties of the City are generally in average to good condition, well maintained and operated efficiently.
Staff assured members that the recommendations related to the Transmission and Distribution procedures will be implemented by December 15, 1993.
Mr. Tudor moved to recommend adoption of the Annual Engineering Consultants Report for 1993 as submitted by the Middle West Service Company, seconded by Mr. Hutchison and unanimously carried.
ANNEXATION REQUESTS - MIFFLIN ROAD
Ralph and Dorothy Jones - 222 Mifflin Road
A request was received for annexation and rezoning of property located at 222 Mifflin Road, owned by Ralph & Dorothy Jones. Staff recommended that the request be referred to the Utility Committee, that an annexation referendum be set for November 16, 1993, and that a public hearing be set for November 22, 1993.
During the Regular Council Meeting of October 12, 1993, Council referred the request back to the Utility Committee so that consideration may be given to the possibility of holding two referendums to consist of: (1) referendum for the Jones property; and (2) referendum for any other Mifflin Road property owners that desire annexation.
Mr. Tony DePrima, City Planner, advised members that to the north and south of the Jones property are single family homes in the County zoned RS (Single Family Residential). To the east and across Mifflin Road are homes in the City zoned R-8 (Single Family Residential). To the west is land zoned RM-1 (Residential Medium Density) in the City that is a part of the future Westover Village Planned Residential Development. This area is compatible with the Comprehensive Plan and surrounding land uses, and because there is a need for City water and sewer, staff recommended approval of the annexation with a zoning classification of R-8 (Single Family Residential).
Mr. DePrima advised members that the City Manager's Office and the Public Works Department is currently contacting additional property owners for their interest in annexation with a zoning classification of R-8.
Mr. O'Connor stated that a majority of the residents contacted in the surrounding area did not express an interest in being annexed into the City limits. He stated that staff will continue their efforts.
Mr. Carey moved to recommend approval of staff's recommendation to annex the property at 222 Mifflin Road, owned by Ralph and Dorothy Jones, and that any additional interest from surrounding property owners go directly to City Council for their consideration. The motion was seconded by Mr. Hutchison and unanimously carried. (It is recommended that an Annexation Referendum be held on December 9, 1993 - Attachment #2-A/Resolution, and that a zoning public hearing be held on December 13, 1993 - Attachment #2-B/Ordinance).
TAR DITCH IMPROVEMENT - KENT GENERAL HOSPITAL/MEDICAL OFFICE-BUILDING SITE
Members considered an agreement with Kent General Hospital to complete Phase 1 of the Tar Ditch Improvements on Kent General Hospital's Medical Office Building Site located on South Governors Avenue (former Firestone site). Construction on this site began earlier this year.
In accordance with the 1989 Tar Ditch Drainage Basin Study, the City proposed a 66-inch storm sewer pipe to alleviate flooding problems in the Tar Ditch Drainage Basin. In 1992 and 1993, funding was received through the City's G.O. Bond Issue. The firm of Becker, Morgan, Moore, Olds & Richter (BM2OR) was hired as a consulting engineer to design the proposed improvements. Since the schedule indicates that the tar ditch project would begin across this site after completion of construction, staff directed BM2OR to review the project with Kent General Hospital to avoid the additional costs of removing and replacing new asphalt, and to avoid construction conflicts on the site. Bids were solicited through the Hospital's general contractor, Mr. J. Roland Dashiell; however, due to the lack of local representation and the quoted estimates, bids were resolicited using a composite of local and non-local contractors. The engineer's estimate was $110,480.
Staff reviewed the bids and met with Kent General Hospital to discuss an agreement to complete the proposed improvements to the Tar Ditch on KGH Medical Office Building site. Staff recommended that the City enter into an agreement with Kent General Hospital to complete Phase 1 of the Tar Ditch Improvements on the Medical Office Building Site, utilizing Bunting & Murray as the subcontractor for the storm sewer work in the amount of $140,567.
Responding to Mr. Tudor, Mr. O'Connor stated that the engineering firm selected will be utilized by both the City and Kent General Hospital. A utility easement will be required for this property.
Mr. Carey moved to recommend approval of the Agreement with KGH (Attachment #3), as recommended by staff. The motion was seconded by Mr. Hutchison and unanimously carried.
Meeting Adjourned at 8:15 P.M.
Adjourned 8:18 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
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