REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 9, 1992 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Tudor, Leary, Pitts, Salters, Levitt, Daisey and Hare.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Reverend Coker, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hare requested that an executive session, to discuss legal and personnel matters, be added to the agenda. Mr. Leary moved for approval of the agenda as amended, seconded by Mr. Daisey and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 26, 1992
The Minutes of the Regular Council Meeting of October 26, 1992 were unanimously approved by motion of Mr. Leary, seconded by Mr. Levitt and bore the written approval of Mayor Knopf.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF NOVEMBER 2, 1992
The Minutes of the Quarterly Open Town Meeting of November 2, 1992 were unanimously approved by motion of Mr. Salters, seconded by Mr. Leary and bore the written approval of Mayor Knopf.
RESOLUTION - FRANCES HORNE RETIREMENT
By motion of Mr. Lambert, seconded by Mr. Hare, Council unanimously adopted the following Resolution:
WHEREAS, Frances C. Horne began her employment with the City of Dover on January 2, 1968 as a Computer Operator Supervisor; and
WHEREAS, Mrs. Horne served in this capacity until July 1, 1977 when she was appointed as Acting Data Processing Manager and on January 1, 1978 she was officially appointed as the City's Data Processing Manager; and
WHEREAS, in addition to her many responsibilities in the Data Processing Division, Mrs. Horne filled a void within the City by serving for three months as Acting Administrative Services Director; and
WHEREAS, working in a field of such rapid technological advancements requires constant improvements to ones skills and knowledge and Mrs. Horne has worked diligently with all City departments to meet the needs of our growing City; and
WHEREAS, after 25 years of dedicated service, Frances C. Horne has chosen to retire.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover wish Frances C. Horne a happy and healthy retirement and extend their sincere appreciation for the dedication she has shown to the City of Dover during her 25 years of employment.
ADOPTED: November 9, 1992
Mrs. Horne voiced her appreciation to the City of Dover for the 25 years of employment and for the dedication and hard work of her fellow co-workers in the Computer Center.
PROCLAMATION - MAKE A DIFFERENCE DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, only through the efforts of individuals working together can the problems of our society be addressed; and
WHEREAS, each citizen has the capability to help others in some way, no matter how small the effort; and
WHEREAS, USA WEEKEND is sponsoring MAKE A DIFFERENCE DAY, a national day of volunteering to be held on Saturday, November 14, 1992; and
WHEREAS, the people of Dover can MAKE A DIFFERENCE by donating a day or an hour doing an activity that helps our community or the people in it.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, do hereby proclaim the 14th day of November 1992, as MAKE A DIFFERENCE DAY in Dover and urge all citizens of this community to join with their families, neighbors, churches, clubs or by themselves to take part in the City's Parks and Recreation Youth Advisory Committee's efforts to clean up Silver Lake, feed the hungry, and provide recreational equipment to the hurricane devastated areas in Florida.
REZONING - 850 NEW BURTON ROAD - SOUTHERN STATES COOPERATIVE, INC.
A public hearing was held on October 13, 1992 to consider rezoning of property located at 850 New Burton Road, owned by Southern States Cooperative, Inc. The current zoning of the property is M (Manufacturing) and the requested zoning classification is C-1A (Limited Commercial). During the public hearing on the requested rezoning, many residents objected to the proposed use of gasoline pumps. After much discussion, Council tabled action on the rezoning request until the Council Meeting of November 9th to provide an opportunity for Southern States' representatives to meet with their neighbors for possible solution of their concerns.
Mr. Daisey moved that the matter be removed from the table for discussion and action, seconded by Mr. Leary and unanimously carried.
Mr. Anthony DePrima, City Planner, reported that a meeting was held on November 4, 1992 with Southern States' representatives and interested citizens. The concept of utilization of gasoline pumps was discussed extensively. Neighbors were particularly concerned with odors and fumes being carried by prevailing easterly wind, added traffic on New Burton Road, noise from trucks and school buses, potential of school buses lining up on New Burton Road, and the potential danger of gasoline pumps near the railroad tracks. Although Mrs. Burke, Southern States Manager, offered to relocate the pumps to a more desirable location on the lot, the citizens were not satisfied that it would solve their concerns.
Mr. Lambert moved to acknowledge receipt of three petitions, seconded by Mr. Daisey and unanimously carried. Council President Christiansen explained that a petition, containing two signatures, recommended approval of the rezoning request but not the Conditional Use approval for gasoline pumps. A second petition, containing 47 signatures, recommended approval of the rezoning request and the use of gasoline pumps. A third petition, containing 19 signatures, was submitted in opposition to Southern States' intention to expand its operations and utilization of gasoline pumps. In accordance with 22 Del.C Section 305, a three-fourths vote of the legislative body is necessary to approve the rezoning request if 20% or more of the property owners within 100' of the parcel proposed for rezoning sign a petition in opposition. The City Assessor reported that 23.48% of the property owners within the 100' area objected, by petition, to the proposed rezoning.
Mr. Hare concurred with the concerns of the residents of increased traffic on New Burton Road which is already heavily congested.
Mr. DePrima reminded members of Council that approval of the rezoning does not give approval for the gasoline pumps. The Planning Commission would have to approve a Conditional Use Permit for Southern States to utilize gasoline pumps. By law, the Planning Commission must take into consideration the wishes of adjacent citizens when deciding upon Conditional Use approval.
Although commercial zoning may be the better classification for the parcel, Mr. Lambert expressed concern with approval of the zoning while at the same time delegating to the Planning Commission the authority to decide upon the use of gasoline pumps. He stated his feeling that if Council had full authority over the final use of the property, there would be no concern by Council on the rezoning issue.
Many members of Council voiced concern with the proposal based upon the many objections of the neighbors, such as air, noise and traffic pollution, as outlined in their meeting with Southern States.
Mr. Daisey moved, seconded by Mr. Pitts, that the rezoning request be approved as requested (noting that the Conditional Use application would be reviewed by the Planning Commission). The motion failed by a vote of three (3) yes (Mr. Tudor, Mr. Pitts and Mr. Daisey), and six (6) no.
UTILITY COMMITTEE REPORT
The Utility Committee met on October 27, 1992 with Chairman Daisey presiding.
Purchase of Flow Metering Equipment
In conjunction with the Inflow-Infiltration Program underway in the Wastewater Division, bids were solicited for the purchase and installation of six permanent flow metering devices. These meters will be used to determine which of the drainage basins warrant further detailed investigation for Inflow-Infiltration and how to reduce or eliminate it.
Prior to submitting bids, firms were required to submit the information on their systems for staff's review. Although three firms submitted the information, the equipment provided by ADS Environmental Services, Inc. was the only one approved for use. The Engineer's estimate was $230,000.
The committee recommended awarding the contract for the purchase and installation of flow metering equipment to the lone bidder, ADS Environmental Services, Inc., in the amount of $205,300.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Levitt and carried by a unanimous roll call vote.
Mr. Daisey moved for acceptance of the Utility Committee Report, seconded by Mr. Hare and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on October 27, 1992 with Chairman Levitt presiding.
Mr. Levitt moved that item #6C (Work Plan - Human Resources Department) be approved under the consent agenda format since the committee deferred action on the matter. The motion was seconded by Mr. Hare and unanimously carried.
Review of Current Smoking Regulations Ordinance - Section 14-15
Members of City Council held a public hearing on October 1, 1992, to review the City's current smoking regulations (Section 14-15 of the Dover Code) and referred the matter to the Legislative and Finance Committee to determine how well the current ordinance is working.
Taking into consideration the public testimony and information received that the City's current smoking regulations ordinance is working to the satisfaction of the majority of citizens, the committee recommended that no changes be made to the City's current smoking ordinance.
Mr. Levitt moved that no changes be made to the current smoking ordinance at this time. The motion was seconded by Mr. Leary.
Mr. Levitt pointed out that in making their recommendation, the committee felt that the current ordinance is working fairly well since no specific complaints have been filed. However, some citizens have suggested specific amendments. The committee generally felt that future consideration would be given to specific ordinance amendments.
Although the committee was reviewing the success of the current ordinance, Mr. Daisey stated that it was also an opportunity for the committee to consider if changes should be made. It was his feeling that there were specific suggested changes that should be considered.
Members of Council clarified that the committee's recommendation is only that no changes be made to the ordinance at this time. Specific suggested ordinance amendments can be considered by the committee at any time.
On a call for the question on the motion by Mr. Pitts, the motion that no changes be made to the City's current smoking ordinance at this time was carried by a roll call vote of seven (7) yes, two (2) no (Mr. Daisey and Mr. Hare).
Quarterly Write-Off of Uncollectible Electric Bills
A list of uncollectible electric bills, in the amount of $18,940.54, was reviewed by the committee. The list consisted of those accounts from April 1, 1991 through June 30, 1991 which have shown no collection activity for a period of one year or longer. The committee recommended endorsement of the write-off of uncollectible electric bills in the amount of $18,940.54.
Mr. Levitt moved for approval of the committee's recommendation, seconded by Mr. Pitts and carried by a unanimous roll call vote.
Mr. Levitt moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Lambert and unanimously carried.
REZONING REQUESTS
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. The following rezoning requests were received:
A.Property located at 706 South State Street, from RG-1 (General Residence) to C-PO (Commercial/Professional Office), owned by Lloyd H. Scheller and Henry R. Horsey.
B.Property located at 326 West Loockerman Street, from C-3 (Service Commercial) to C-2 (Central Commercial), owned by Dover Realty I.
C.Property located at 717 West Division Street, from M (Manufacturing) to C-3 (Service Commercial), owned by Roop and Shobha Jain.
D.Property located on the north side of West Walker Road, from RG-0 (General Residence and Office) and C-1A (Limited Commercial) to RG-3 (Group Housing), owned by K/C Partners.
E.Property located on the north side of Route #8, west of Mifflin Road at Dover City limits, from R-10 (Single Residence) to R-8 (Single Residence), owned by Jane Massey Draper and Village Builders.
F.Properties (listed below) from RG-1 (General Residence) to C-PO (Commercial/Professional Office):
f-1.951 Forest Avenue, owned by M. Milford and Mazie H. Caldwell
f-2.955 Forest Avenue, owned by Lucy R. Aiken
f-3.971 Forest Avenue, owned by Edward J. Sr. and Evelyn Troise
f-4.975 Forest Avenue, owned by Marjorie P. Fisher
f-5.21 Saulsbury Road, owned by Harvest Years Senior Center, Inc.
f-6.20, 26 and 30 Carver Road, owned by Caroline A. and Paul Church
By motion of Mr. Hare, seconded by Mr. Daisey, Council unanimously referred the requests to the Planning Commission and set public hearings for each of the rezoning requests for January 11, 1993 at 7:30 p.m. The first reading of the following proposed ordinances was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 706 S. STATE STREET.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 326 W. LOOCKERMAN STREET.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 717 W. DIVISIONS STREET.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTH SIDE OF WEST WALKER ROAD.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTH SIDE OF ROUTE #8, WEST OF MIFFLIN ROAD.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 951 FOREST AVENUE.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 955 FOREST AVENUE.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 971 FOREST AVENUE.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 975 FOREST AVENUE.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 21 SAULSBURY ROAD.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 20, 26, AND 30 CARVER ROAD.
Mr. Hare moved to adjourn into open forum and then into Executive Session to discuss personnel and legal matters, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:25 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.
Richard Ornauer - 17 Mifflin Road
Mr. Richard Ornauer of 17 Mifflin Road asked when the City's Legislative and Finance Committee will consider financing of mechanical drawings for the proposed West Dover Fire Station. Mr. Levitt, Chairman of Legislative and Finance Committee, informed him that this matter will be considered by the committee on November 24, 1992.
Dr. Howard Row - 207 Orchard Avenue
Dr. Howard Row of 207 Orchard Avenue suggested that Council consider amending its rules governing the Open Forum segment of their Council Meeting. He felt it unfair to prohibit the public from discussing matters that were discussed by Council on their current agenda.
The Open Forum Adjourned at 8:30 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of November 9, 1992, are hereby approved.
AARON O. KNOPF
MAYOR
dkh