REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 13, 1993 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Hutchison, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Fire Chief Baker, Mrs. Green and Mr. Pepper.
The invocation was given by Pastor Fowler, followed by the Pledge of Allegiance.
Mr. Salters moved to acknowledge the settlement that was signed by the Palestinians and the Israelites today, which is a momentous occasion, bringing us all a glimmer of hope and peace. The motion was seconded by Mr. Hare and unanimously carried.
AGENDA ADDITIONS/DELETIONS
Mr. Salters moved to accept the agenda as presented, seconded by Mr. Hare and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 23, 1993
The Minutes of the Regular Council Meeting of August 23, 1993 were unanimously approved by motion of Mr. Hare, seconded by Mr. Hutchison and bore the written approval of Mayor Knopf.
ADMINISTRATIVE ANNEXATION/REZONING - SOUTH LITTLE CREEK ROAD - CITY OF DOVER
A request for annexation and zoning was considered for property located on South Little Creek Road. The property is owned by the City of Dover and consists of approximately 5.4961 acres. Since the property is owned by the City, a referendum was not necessary.
Annexation
The City Planner explained that the property is located on the south side of South Little Creek Road, approximately 565 feet east of Horsepond Road. He noted that the property is adjacent to property owned by S & R Farms, which was recently annexed into the City. The Planning Commission and Utility Committee recommended annexation of this property when considering the annexation of property owned by S & R Farms. The City currently maintains an electric sub-station on the property.
Mr. Hare moved that the property located on South Little Creek Road, owned by the City of Dover, be annexed into the corporate limits of Dover. The motion was seconded by Mr. Leary and by a unanimous roll call vote, Council adopted the following Resolution:
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; and
WHEREAS, the City desires to annex land owned by the City of Dover, located on the south side of South Little Creek Road, consisting of 5.4961 acres; and
WHEREAS, annexation of this property would benefit the City of Dover; therefore, the City may 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:
Beginning at a corner for this parcel in the south line of South Little Creek Road (Road 67) said corner being approximately 565 feet east of the intersection of the centerline of Horsepond Road (Road 348) and South Little Creek Road, and extending with the south line of South Little Creek Road South 77 degrees 50 minutes East 450.40 feet to a point, then from said point continuing with southerly line distance of 149.52 feet to a point. Then from said point in a line with lands now or formerly of S & R Farms, Inc. South 59 degrees 9 minutes 48 seconds West a distance of 472.22 feet to a point, then from said point in a line with lands now or formerly of William B. & Dorothy C. Schauber North 26 degrees 11 minutes West a distance of 410.30 feet to a point of beginning in the southerly line of South Little Creek Road, said parcel containing 2.215 acres, more or less. Also including the right-of-way of South Little Creek Road, generally 60 feet wide with an area 200 feet long being 70 feet wide, from the east line of Horsepond Road to the east line of lands now or formerly of S & R Farms, Inc. a distance of 2,348.75 feet, containing 142,925 square feet, or 3.2811 acres. Total annexed area to be 5.4961 acres, more or less.
2. That the above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and 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 14th day of September 1993, at 12:01 a.m. o’clock.
ADOPTED: September 13, 1993
Public Hearing - Zoning Classification
City Planner, Mr. DePrima, explained that the property is currently zoned A/C (Agricultural Conservation) in the County. It was recommended that the property be given a City zoning classification of M (Manufacturing), which is the only zone that would permit a utility facility. Mr. DePrima advised members that the recommended manufacturing zoning classification conforms to the Comprehensive Plan.
Council President Christiansen declared the public hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the public hearing closed.
Mr. Leary moved that the property be zoned M (Manufacturing) as recommended by the Planning Commission. The motion was seconded by Mr. Hare and 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 August 9, 1993).
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON SOUTH 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 A/C -Agricultural Conservation (Kent County Zoning Classification) to M - Manufacturing (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 A/C to M on that property located on South Little Creek Road, owned by the City of Dover.
ADOPTED: September 13, 1993
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on August 24, 1993 with Chairman Salters presiding.
Basic Life Support Service Contract
Members considered a letter submitted by Mr. Ray Medon, President of Med Star, Inc., requesting that the City allow the transfer of the Med Star Basic Life Support Service contract to Metro Ambulance for the remainder of the contract period which runs until August 31, 1994. The current contract would allow this transfer upon approval of the City.
Mr. Knox, Community Services Director, reminded members that on August 30, 1991, the City of Dover signed a contract with Med Star, Inc. to provide Basic Life Support Service within the Robbins Hose Fire District for a one year period with renewal for an additional two years, at the sole discretion of the City of Dover. During their Regular Meeting of June 8, 1992, City Council authorized the extension of the Basic Life Support Service Contract with Med Star, Inc. for an additional two (2) years.
The committee recommended approval of the Basic Life Support Service contract transfer from Med Star, Inc. to Metro Ambulance for the remainder of the contract period, which will expire August 31, 1994. It was noted that the transfer is contingent upon Metro Ambulance meeting all the terms and conditions of the present contract.
Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Leary and unanimously carried.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mrs. Malone and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on August 24, 1993 with Chairman Lambert presiding.
Mr. Lambert moved for approval, under consent agenda format, of the following recommendation of the Utility Committee, seconded by Mr. Hare and unanimously carried:
Acceptance of Dedication of Rights-of-Way and Utilities: Fox Hall West, Phase III
The developer of Fox Hall West has requested that the streets and utilities of Phase III be accepted for maintenance and ownership by the City. After construction was completed, staff inspected the improvements and provided the developer with a list of repairs to be made to meet City standards. That work has been completed. A one-year maintenance agreement and bond, a release of liabilities, and the as-built drawings have all been submitted.
According to City policy, a developer must provide temporary turn-arounds for dead-end streets. During Phase III of the development, the developer lost the option to develop the remainder of the adjoining properties. Since temporary turn-arounds have not been provided, the City requested permission from the adjacent property owners to install the temporary turn-arounds. The developer would be required to reimburse the City for this cost.
A motion was made to accept the dedication of Fox Hall West, Phase III, which failed; therefore, there was no recommendation of the committee.
Saulsbury Road Sewer Main - Special Assessment
In accordance with Section 18.7-2 of the Dover Code, property owners of land adjacent to the proposed Saulsbury Road Sewer Main have been notified of the proposed project, and that their property will be assessed as a result of the construction. Based on an estimated construction cost of $145,000, the assessment charge would be $40.00 per front foot, which is the maximum assessment for a sewer main allowed by ordinance. Mr. Scrafford, Public Works Director, reminded members that the funds for this project are included in the upcoming Water/Wastewater Revenue Bond Issue. Staff recommended authorization to proceed with the design and bidding of the Saulsbury Road Sewer Main.
Council President Christiansen suggested that the City consider an ordinance amendment that would require property owners to connect to the City's sewer system when there is one available. Mr. Salters relayed concern with the suggestion, indicating that such a change could cost property owners several thousand dollars, when their private sewer system is working satisfactory.
After much discussion, Mr. Lambert suggested that staff further investigate the possibility of requiring property owners to connect to the City's sewer system when there is one available.
Mr. Dennis J. O'Brien, property owner, indicated his support and relayed other property owners' (Mr. Thomas Spence and Mr. Edward Troise) support of the proposed project. He suggested, however, that staff investigate the feasibility of running the sewer line at the back of the property lines and connecting to Carver Road. Responding, Mr. Scrafford explained that adequate depth could only be acquired by installing the major trunk line from Scott Paper north; however, he offered to review any suggestions that the property owners may have.
The committee recommended that staff be authorized to proceed with the design and bidding of the Saulsbury Road Sewer Main.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hare and unanimously carried.
McKee Run Unit #3 Economizer Outlet Ductwork Expansion
The sections of the duct work carrying the Unit #3 combustion gasses out of the economizer area have deteriorated due to long term operation with high temperatures and the corrosive nature of the combustion gasses. This has required the replacement of most expansion joints, and several sections of ductwork over the past few years. During the 1992 scheduled outage, the XJ1 expansion joint closest to the economizer was found to have many cracks and tears. Repairs to the affected areas were made to return the unit to service. Current signs of leakage may indicate the need to replace the expansion joint in the fall of 1993. If the leakage does not increase substantially, it may be possible to postpone replacement until the scheduled overhaul in the fall of 1994; however, there is no certainty that this postponement can be achieved.
Mr. O'Connor, City Manager, explained that the replacement of the economizer outlet XJ1 expansion joint would have been performed in the 1992/93 outage had it not have required at least ten (10) weeks for procurement. The repairs made were temporary and cannot be expected to have a significant life. The purchase of an expansion joint at this time would ensure its availability during a fall 1993 outage or in the event of significant failure of the existing expansion joint. The new joint could also be stored without incurring deterioration in the event replacement can be postponed to the scheduled 1994 overhaul. Riley Stoker, the original boiler manufacturer, quoted a price in the amount of $27,948 for the expansion joint with a ten (10) week delivery. The OEM is the only supplier of the expansion joint that would not incur engineering costs for preparation of drawings, access to the existing joint for measurements, etc.
The committee recommended that replacement of the XJ1 expansion joint be anticipated and that a purchase order be issued to Riley Stoker in the amount of $27,948 for a new XJ1 expansion joint at this time.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Hutchison and carried by a unanimous roll call vote.
Evaluation of Bids - 1993 Resurfacing Program
In conjunction with the City's Capital Improvements Plan, it was proposed to resurface eight (8) streets and five (5) alleys during 1993, as follows:
Street Program
Nimitz Road Carver Road
Minima Street Simon Circle Entrances
McDowell Drive South Street
Charles Drive Water Street (River Road to U.S. 13)
Residential Alley Program
Governors Avenue West Alley - Monroe Terrace to Waples Avenue
Sunset Terrace West Alley - Wyoming Avenue North Alley to Dover Street
Governors Avenue East Alley - Dover Street to Waples Avenue
Shank Road East Alley - Waples Avenue to end
Commercial Alley Program
Division Street North Alley - North Bradford Street to North New Street
The committee recommended awarding the contract to the lowest bidder, George & Lynch, Inc., in the amount of $197,445.05. The Engineer's estimate was $216,091.55.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and unanimously carried.
APPOINTMENTS - HISTORIC DISTRICT COMMISSION
In accordance with Article 10, Section 3.1 of the Dover Code, Mayor Knopf requested confirmation of the following appointments to the newly created Historic District Commission:
C. Terry Jackson - 3 Years
James D. McNair II - 3 Years
L.D. Shank III - 2 Years
Julie K. Boozer - 2 Years
Beverly C. Williams - 1 Year
Mr. Leary moved for approval of the appointments as recommended by Mayor Knopf, seconded by Mrs. Malone and unanimously carried.
FIRST READING - PROPOSED ORDINANCES
Mr. Leary moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Hare and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of September 27, 1993.
Mr. Hare moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Hutchison and unanimously carried:
A. DEMOLITION COST ASSESSMENT - 730 RIVER ROAD
B. DEMOLITION COST ASSESSMENT - 91 N. WEST STREET
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of August 23, 1993.
Section 14-8 - Excessive Noise Prohibited (Fines)
Mr. Hare moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Hutchison and unanimously carried.
Mr. Hare moved for adoption of the following ordinance, seconded by Mr. Leary carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That the Dover Code Sec. 14-8 is amended by adding a new subsection (c) which shall read as follows:
(c) The violation of any provision of this section shall be punishable by a fine of not less than $50.00 nor more than $100.00.
ADOPTED: September 13, 1993
Section 13-6.1 - Obedience to State Law (Fines - Handicapped Parking Violations)
Mr. Hare moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Hutchison and unanimously carried.
Mr. Hare moved for adoption of the following ordinance, seconded by Mr. Leary and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
The Dover Code is hereby amended by rewriting Sec. 13-6.1 to read as follows:
Sec. 13-6.1. Ordinance to State Law
No person shall violate any of the provisions of Title 21 of the Delaware Code, as now or hereafter amended. The penalties for such violations shall be in accordance with Sec. 1-10, the general penalty provisions of this Code, with the following exceptions:
(a) For violation of 21 Del. C. S4183 regarding handicapped persons’ parking areas, whoever violates that section shall be fined not less than $50.00 nor more than $100.00.
ADOPTED: September 13, 1993
Mr. Leary moved for adjournment into the Open Forum, seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 7:52 P.M.
OPEN FORUM
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.
Open Forum Adjourned at 7:53 P.M.
JANICE C. GREEN
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their Regular Meeting of September 13, 1993 are hereby approved.
AARON O. KNOPF
MAYOR
jg