REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 11, 1990 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hall, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Fire Chief Hurley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Councilman VanSant, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lynn moved for approval of the agenda, seconded by Mr. Hall and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 28, 1991
The Minutes of the Regular Council Meeting of January 28, 1991 were unanimously approved by motion of Mr. Lynn, seconded by Mr. Hall and bore the written approval of Mayor Richter.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF FEBRUARY 4, 1991
The Minutes of the Regular Council Meeting of February 4, 1991 were unanimously approved by motion of Mr. Pitts, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
RECOGNITION OF EMPLOYEE OF THE YEAR - FRAN HETTINGER
During the past year, City Employees of the Month have been selected. Those selected throughout the year were considered for selection of Employee of the Year. Mrs. Fran Hettinger, Central Services Director, has been chosen as the Employee of the Year of 1990. As the recipient of the award, Mrs. Hettinger was presented with a United States Savings Bond for $500, three (3) additional vacation days, and an engraved plaque. Her name will be added to the Employees of the Year plaque on display in City Hall.
Mrs. Hettinger thanked her fellow employees, the Mayor and Council, and her family for helping her to achieve this recognition. She stated that she takes great pleasure in helping people whenever she can and that she is proud to work for the City of Dover.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on January 29, 1991 with Chairman Weyandt presiding.
Comprehensive Annual Financial Report - 1989/90
The City's Annual Financial Report for fiscal year 1990 was prepared and published by the Finance Department and is audited by the independent certified public accounting firm of Faw Casson & Company. The Comprehensive Annual Financial Report for fiscal year ended June 30, 1990, was submitted by Mike Karia, Finance Director/Treasurer. Ms. Janis Nesterak of Faw Casson and Company explained that the report shows the City's financial controls and procedures to be in very good order.
The committee recommended adoption of the Comprehensive Annual Financial Report for the year ended June 30, 1990.Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Proposed Smoking Ordinance
During the last several months, the committee has been reviewing a "no smoking" ordinance, modelled after the Wilmington ordinance which would expand the no-smoking restriction from the original concept affecting only restaurants to include all other businesses in the City of Dover.
Mr. Daisey reported that a meeting was held with the Chamber of Commerce. As indicated in their letter of January 4, 1991, the Board of Directors voted against such an ordinance "due to excessive government regulation." It was the Board's feeling that due to public awareness of the harmful effects of smoking, changes in public places will take place over a period of time. Mr. James Gray, spokesman for the Restaurant Association, reported that his Association will support the legislation as currently written.
Proposed revisions were offered by Dr. Howard Row. Mr. Peter Anderson, Director of the Chronic Disease Branch of the State of Delaware, recommended passage of the ordinance.
The committee recommended that a public hearing be scheduled for February 26, 1991 at 6:00 p.m. in the Council Chambers of City Hall to provide further public input on the proposed ordinance.
Mr. Weyandt moved for approval of the committee's recommendation to schedule a public hearing on the proposed ordinance for February 26, 1991 at 6:00 p.m. The motion was seconded by Mr. Daisey and unanimously carried.
Kent County Tourism - Request for Funds
The committee considered a request for funds from the Kent County Tourism Corporation. The Corporation intends to move their Visitor Information Center to the Smyrna Rest Stop upon completion of its renovations. They requested a donation of $10,000 in support of their efforts and new facility.
The committee tabled action on the request and recommended that it be reviewed during the 1991/92 budget review.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Daisey.
Since the committee tabled action on the request, Mr. VanSant questioned the need for Council action at this time. The City Solicitor concurred that Council action was unnecessary. Mr. Weyandt withdrew his motion as did Mr. Daisey his second.
Fiscal Year 1991 Community Development Application Schedule
The State of Delaware, Development Office/Division of Housing and Community Development, notified the City of Dover of the availability of Community Development Block Grant (CDBG) funds for FY 1991. In accordance with the notice, the deadline for submitting a completed application is March 31, 1991.
The funds, made available through the U.S. Department of Housing and Urban Development, may be used for a number of eligible activities designed to induce community development and revitalization. The committee recommended that the proposed schedule be used as a guide in preparing the application.
Mr. Weyandt moved for approval of the committee's recommendation to adopt the FY 1991 Community Development Application Schedule. The motion was seconded by Mr. Lynn and Council unanimously adopted the following:
1. FY-91 CDBG Final Policy Statement received - December 18, 1990
2. Legislative and Finance Committee Meeting - January 29, 1991
- review of FY91 CDBG Policies
- acceptance of proposed application schedule
- request for setting public hearing date
3. Council Meeting - February 11, 1991
- vote an committee action issues
4. Administrative Public Hearing - February 14, 1991
5. Legislative and Finance Committee Meeting - February 26, 1991
- review of public hearing comments and
staff's recommendation for use of
FY91 CDBG funds
6. Council Meeting - March 11, 1991
- vote an committee action issues
7. Preparation of Application - March 12-28, 1991
8. Submission of Application - March 29, 1991
9. Award Announced - June 30, 1991
10. Start FY91 CDBG Projects - July 1, 1991
Proposal - Kent County Board of Assessment
A letter was received from the Kent County Board of Assessment, requesting the City's views on the possibility of Kent County Levy Court absorbing the City of Dover and/or other municipality assessment departments.
The committee recommended acknowledgment of the proposal. No further action was taken by Council.
Quarterly Uncollectibles Report - Ambulance
A list of uncollectible ambulance bills for the third quarter of FY91, in the amount of $11,721.41, was submitted. The write-offs are due to accepting assignment for Medicaid patients, Medicaid denials, and those that are deceased with no estate.
The committee recommended that $11,721.41 in ambulance fees be written off.
Mr. Weyandt moved for approval of the committee's recommendation to write off $11,721.41 in uncollectible ambulance bills. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
Quarterly Uncollectibles Report - Electric
A list of uncollectible electric bills, totalling $46.365,30, for the third quarter of FY91, was submitted. The list consists of those accounts which have shown no collection activity for a period of one year or longer. Although the bills are written off, collection attempts are continued.
The committee recommended that $46,365.30 in electric fees be written off.
Responding to Mr. Weyandt's suggestion that the Utility Committee consider increased electric deposits, Mr. VanSant stated that the committee is looking at various alternatives to tighten up the system.
Mr. Weyandt moved to approve the committee's recommendation that $46.365.30 in electric fees be written off. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
Archeology Resource Recovery and Recording Policy
In an effort to give greater consideration to archaeological resources in the planning process of development, the Planning Commission requested that City Council adopt a policy that would require a developer to enter into a Cooperative Agreement with the State Bureau of archeology and Historic Preservation, when a Site Development Plan involves disturbance of an area that has been determined to have a relatively good potential for yielding archaeological resources.
During their meeting of November 17, 1990, the Planning Commission recommended that a policy be adopted by City Council, as follows:
Require that the developer enter into a Cooperative Agreement with the State Bureau of Archeology and Historic Preservation. When the Bureau reports, in writing, through the Development Advisory Committee that a Site Development Plan involves disturbance of an area that has been determined to have relatively good potential for yielding archaeological resources, the Planning Commission would require, as a condition of approval, that the developer enter into an agreement with the Bureau which affords that agency an opportunity to record and recover any artifacts it deems to be significant.
Written confirmation from the Bureau which states that the developer has entered into the cooperative agreement would be required prior to any land disturbing activity on the site. This agreement would not result in any financial obligation on the part of the developer with regard to archaeological resource review and/or recovery.
The Commission also recommended that a historic and archaeologic resources component be included as part of the next Comprehensive Plan Update. This plan would include a survey of all known archaeological resource areas as well as those sites which have a potential for yielding significant artifacts.
The Division of Historical and Cultural Affairs and Friends of Old Dover, Inc. have reviewed, and agreed to, the proposed policy.
The committee recommended endorsement of the Cooperative Agreement concept as a method to ensure that archaeological resources are taken into consideration, reviewed and recorded by the appropriate authority as part of the site development process. He further moved that a historic and archaeologic resources component be included as part of the next Comprehensive Plan Update.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Land Subdivision Regulation Revisions
The committee considered several amendments to the City's Land Subdivision Regulations as recommended by the Planning Commission. The amendments are a result of the combined efforts of City staff to clarify the language used in specific sections of the Land Subdivision Regulations. The amendments will bring the sections up to date with current operating policies and will establish criteria to allow the City to be proactive in regards to moving developers forward in completing and dedicating required improvements in subdivisions.
Article III (Definitions), Paragraph J - The committee recommended approval of the amendment.
Article IV, Section C, Paragraph 5 - The committee took no action on this amendment.
Article IV, Section C, Paragraph 9, Subsection (a) - The committee recommended approval of the amendment.
Article IV, Section C, Paragraph 9, Subsection (a), Item (2), Subsection C - The committee recommended approval of the amendment.
Article IV, Section C, Paragraph 9, Subsection (a), Item (2), Subsection D - The committee recommended approval of the amendment.
Article IV, Section C, Paragraph 9, Subsection (a), Item (6) - The committee recommended approval of the amendment.
Article IV, Section C, Paragraph 9, Subsection (c) - The committee recommended approval.
Mr. VanSant questioned the need to expand from 12 months to 24 months the period within which final plat approval shall be considered valid. Mr. Cregar stated that 12 months is insufficient time for developers to commence construction. In order to enforce the regulation the City needs to set a realistic time frame.
Regarding subdivision plats that have been approved and filed with the Recorder of Deeds, with several years gone by without construction, Mr. Cregar explained that this was permitted since not only was the plat recorded, but it was also built into the Comprehensive Plan for development purposes. The City has allowed the recognition of these plats, but have required that the developers go back to obtain the necessary approvals through Public Works in upgrading to new, current specifications.
Referring to rezoning approvals, Mr. VanSant stated that some form of construction must begin within one year or Council may rezone it to its original zoning classification. He asked how zoning can be valid, without construction, for 12 months, with final plat approval for subdivisions valid, without construction, for 24 months. Mr. Lynn agreed that some consistency should exist on the time limits for zoning and subdivision plats.
Mr. Hall stated that during the committee meeting it was explained that one reason for expanding from 12 to 24 months, was that it is almost automatic for developers to request an extension for another year since 12 months is insufficient time to begin construction. The revision was to eliminate so many requests for extension.
Mr. Weyandt objected to authorization to grant extensions from the Planning Commission, feeling that only City Council should be authorized to grant an extension or that absolutely no extensions should be permitted.
Since members of Council had many questions on the proposed revision, Mr. Lynn felt that additional discussion is necessary at the committee level.
Mr. Weyandt moved that the proposed revision to Article IV, Section C, Paragraph 9 be referred back to the Legislative and Finance Committee for further discussion. The motion was seconded by Mr. Hall and unanimously carried.
Article IV, Section C - The committee recommended approval of the amendment with the $1.00 fee increased to a fee if $5.00.
Mr. Weyandt moved for approval of the committee's recommendations on the proposed Land Subdivision Regulation Revisions, excluding Article IV, Section C, Paragraph 9, Subsection (c), which Council has referred back to the committee. The motion was seconded by Mr. Lynn and unanimously carried.
Space Needs study - Approval of Contract
In conjunction with the proposed expansions of City Hall, the Police Station and the Warehouse, it was proposed to conduct a Space Planning Study to determine the space and parking needs through the year 2015 for each of the three buildings.
Twenty-one (21) proposals were received and eight (8) firms were selected to be interviewed. Based on the proposals and the interviews, Cornerstone Partners of Wilmington, Delaware were chosen to begin negotiations.
The committee recommended that Cornerstone Partners be selected to perform the space needs study and approval of the following contract, stipulating that the study be completed within four months:
1. Base study with two alternatives studied in depth
and one formal presentation $28,600
2. Conceptual floor plans of preferred alternative 2,500
3. Evaluation of two additional alternatives
including cost and phasing 1,600
4. Preliminary structural evaluation 2,300
5. Mechanical systems evaluation 8,600
TOTAL $43,600
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote.
Budget Revisions
As a result of Council approved projects that were not budgeted, incorrectly appropriated money, carry forward projects from previous fiscal year budgets, etc., staff presented members with a list of recommended changes and revisions that affect the 1990/91 budget, as follows:
WATER
GENERAL WASTEWATER ELECTRIC
DESCRIPTION FUND FUND FUND TOTAL
Space Needs Study $ 30,172 $ 7,935 $5,493 $43,600
Route 8 Corridor 33,000 33,000
Demolition 2,800 2,800
City Clerk (27,559) 27,559
Water Truck Purchase 73,950 73,950
W/Water Truck Purchase 73,950 73,950
Water Const. Purchase 59,000 59,000
Water Consulting Fees 35,000 35,000
Grounds Truck 59,669 4,711 14,132 78,512
Electric Truck 88,182 88,182
TOTAL $125,641 $226,987 $135,366 $487,994
The committee recommended approval of the proposed budget revisions as submitted by staff.
Mr. Weyandt moved for approval of the proposed budget revisions (above), seconded by Mr. Lynn and carried by a unanimous roll call vote.
Downtown Business License Tax District
Mayor Richter introduced the concept of a business license tax district for the downtown area. He explained that the extra business fee would be utilized to pay for an office that promotes and takes care of those businesses located downtown. He advised members that the City of Salisbury currently has an ordinance of this nature. City Solicitor Rodriguez has verified that the City could adopt the same ordinance.
The committee recommended that Mayor Richter and the City Planner be authorized to continue with the concept of a business license tax district.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Mr. Weyandt moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Lynn and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on January 30, 1991 with Chairman Daisey presiding. Mr. Daisey requested that the minutes be amended to reflect Mr. Lynn's presence at the meeting.
Oak Shadows - Parkland Requirement - Simpson Log Homes
Mr. Simpson is proposing that the City accept 2. 1 acres of the 33 acres of property in Oak Shadows to be allotted as park area. The City Planner explained that the original plan, previously presented to the Planning Commission, involved 2.8 acres of open space. Due to the re-design of Oak Shadows. Mr. Simpson is now proposing 2.1 acres be dedicated to the City, which is less than the minimum three to five acres of preferable land. Mr. Cregar also stated that the proposed 2.1 acres may be wetlands.
Feeling that further review is necessary, the Planner requested that the City Assessor, Parks and Recreation Department and the Planning Commission review the revised request prior to a recommendation by the committee.
The committee tabled the request pending further review by staff.
St. Jones River Greenway
As previously requested by the Committee, the Parks and Recreation Department gave a presentation of the St. Jones River Greenway Conceptual Plan, stating that greenways are corridors of open space that follow streams, rivers, or other linear features for environmental preservation and recreation purposes. Areas can be publicly owned or privately owned. They provide wildlife protection, improve water quality, educational opportunities, and improve the quality of life.
The purpose of the proposed St. Jones River Greenway Corridor is to provide the citizens of Dover with recreational and educational opportunities, while preserving the historic and natural features of the St. Jones River. The development plan is to create a Greenway Corridor along the St. Jones River within the City limits of Dover. This will be done by separating the River into the following three segments: 1) area from Dennys Road to Silver Lake; 2) area from Silver Lake to Route 13; and 3) area from Route 13 to Puncheon Run.
Focus will be directed on Segment #2 (area from Silver Lake to Route 13), which consists of three phases. Most of the land in this segment is already in public ownership; therefore, making it possible to develop at this time.
Phase I involves the development of the Paul Tract (Silver Lake to PW II), and the purchase of a 2½ acre parcel adjacent to the Paul Tract. Total cost for Phase I, which includes many improvements such as planted trees, cleaning of areas, replacement of the wooden bridge, etc., is $685,902.
Phase II will involve the development of a 10 acre park area at the PW II site. Total cost for Phase II, which includes an 8' wide path for biking, jogging, walking paths, etc., is $428,873.
Phase III of the plan is to install a bridge from PW II across the St. Jones River to the Paul Tract. Total cost for Phase III is $102,347.
The total cost of the St. Jones Greenway is $1,217,122. To make the Greenway possible, cooperation between the City, County, and State Government, and the private sector is very important. In order to finance the development of the Greenway Corridor, funding will be used from the following sources:
a) State of Delaware Land and Water Trust Fund
b) Parkland Reserve Account
c) Donations
d) Bond Bill
e) Land and Water Conservation Fund
The committee recommended that Council set a public hearing to receive input from the citizens regarding the St. Jones Greenway proposal.
Mr. Daisey moved for approval of the committee's recommendation, and that a public hearing be scheduled for February 25, 1991 at 7:30 p.m. The motion was seconded by Mr. Hall and unanimously carried.
Mr. Levitt pointed our that this is an extremely important issue relative to the quality of life within the City of Dover, feeling that Dover could be an example for the rest of the State to follow. He urged members of the public to utilize the public hearing forum to share their feelings and suggestions,
Mr. Daisey moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Weyandt and unanimously carried.
RECONSIDERATION OF ONE YEAR LIMITATION ON REZONING - JEFFERIC ENTERPRISES
On February 12, 1990 Council approved the rezoning of property owned by Jefferic Enterprises, located on the east side of Buckson Drive, at the east end of Jefferic Boulevard, from RG-2 to CP-0. As indicated in Article 10, Section 5.183 of the Dover Code, if construction has not been started, or a satisfactory explanation for the failure to commence construction has not been received within one year from the effective date of the amendment to the Zoning Map, an amendment to rezone the land to its prior classification shall be automatically placed on the agenda to be reconsidered by City Council.
The City Planner explained that following the rezoning approval, the owners filed a site plan for review by the Planning Commission. They granted conditional approval of a plan to construct a temporary access road to the Corporate Center as indicated on the concept plan presented at the time of rezoning. The Planning Commission recommends that the CP-0 zoning classification be left in place.
By motion of Mr. Lynn, seconded by Mr. Hall and unanimously carried, Mr. Jim McGinnis, representing Jefferic Enterprises, was permitted to address Council on the status of the project. Mr. McGinnis relayed that Jefferic Enterprises has spent in excess of $65,000 in rezoning and construction costs for this site. Responding to questions by Mr. Weyandt on the status of the access road, Mr. McGinnis stated that it is located to the rear of the property, off of Route #88. Due to major construction on Route #88 by the State of Delaware, Jefferic Enterprises has been hampered with completion of the access road, although it is in place. DelDOT required that the entrance must be started off Route #88, with the first building at that end. In order to comply, they would not have had a viable entrance for the building due to Route #88 construction. Mr. McGinnis also cited the current economic down turn that has resulted in many tenants temporarily postponing development plans.
Mr. VanSant concurred that the major reconstruction of Route #88 has resulted in a delay for completion of the access road for Jefferic Enterprises.
Mr. VanSant moved that an extension be granted for a period of one year for the rezoning to CP-0 of land located on Buckson Drive, owned by Jefferic Enterprises. The motion was seconded by Mr. Lynn and carried by a Unanimous roll call vote.
RECONSIDERATION OF ONE YEAR LIMITATION ON REZONING - RACHEL WHITE
On February 12, 1990 Council approved the rezoning of property owned by Rachel White, located 58 Carver Road, from RG-1 to RG-2. The parcel of land is now owned by the former equitable owner, Richard Parsons. As indicated in Article 10, Section 5.183 of the Dover Code, if construction has not been started, or a satisfactory explanation for the failure to commence construction has not been received within one year from the effective date of the amendment to the Zoning Map, an amendment to rezone the land to its prior classification shall be automatically placed on the Agenda to be reconsidered by City Council.
Mr. Parsons has made some improvements to the parcel by demolishing the existing building and dead trees. Construction has not yet begun although Mr. Parson has been granted site plan approval to construct a 20 unit apartment complex. In a letter to the Planning Commission, Mr. Parsons requested an extension on the rezoning, stating that the economy is such that he does not want to venture into a capital project of this magnitude at the present time.
The Planning Commission has reviewed the information and believe that the project as submitted is still a viable development proposal, recommending that the zoning not be reverted to its RG-1 zone.
Since the Route #8 area is under review with the Route #8 Corridor Study, Mr. VanSant felt that the property should remain it its current zone.
Mr. Lynn moved that an extension be granted for one year for the rezoning to RG-2 for property located at 58 Carver Road, owned by Richard Parsons (formerly owned by Rachel White). The motion was seconded by Mr. Pitts and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen).
RECOMMENDATIONS - AWARDS COMMITTEE
The Awards Committee made the following award recommendations:
Mr. Robert McPhatter Silver Medal of Valor